Debts of Deceased Spouse; Claims by Surviving Spouse,

Representative, Guardian, etc.; Time; Contents. A claim may be filed by the surviving spouse, or by the personal representative or guardian of the estate of the surviving spouse, for the payment of the debts of the deceased spouse described in Section 1009 of this Title. Such claim must be filed prior to the filing of a petition for final distribution. It shall set forth the reason why the debts are not barred by subsection (b) of Section 1009 of this Title and a statement whether the debts remain unpaid or have been paid by the surviving spouse. If the surviving spouse is personally liable for the debts, the claim shall also include an inventory of the separate property of the surviving spouse and any community property administered in the estate and a statement of the value of the property less the amount of the liens and encumbrances upon the property as of the date of death of the deceased spouse. The statement may identify any property which is exempt from execution. SOURCE: California Probate Code, § 704.2. COMMENT: Section 704.2 was added to the California Probate Code in 1975, as part of the "Community Property Set-Aside Law." Its purpose is to allow the surviving spouse to recover from the deceased spouse's estate any of the deceased spouse's debts which are chargeable against the community property, for which the surviving spouse is personally liable (see § 1009(a).) Note that the California statute permits a claim to be filed by the conservator of the surviving spouse's property. Guam law currently contains no conservatorship provisions; if conservatorship provisions are enacted in Guam, however, § 2513 should be amended accordingly. Also see Comment to § 2515, infra.