What Is Probate Code Section 733.814? Explained for California Executors and Heirs

California’s Probate Code contains numerous provisions that affect how estates are administered and how creditors may or may not recover debts. One such provision, Probate Code § 733.814, governs the liability of beneficiaries and heirs for debts of the decedent—especially when estate assets have already been distributed.

In this blog, we explain what is Probate Code Section 733.814 means, when it applies, and why it matters for both beneficiaries and creditors.

What Does Probate Code § 733.814 Say?

Under California Probate Code § 733.814:

If estate property has already been distributed to beneficiaries, a creditor may still pursue those beneficiaries directly to recover valid debts—but only up to the value of what they received.

In other words, just because a beneficiary received their inheritance doesn’t mean they’re fully shielded from a decedent’s unpaid debts. Creditors may still have recourse.

When Does Section 733.814 Apply?

This provision typically applies when:

• The executor or personal representative has closed probate and distributed estate assets,

• A valid debt or claim arises after distribution,

• The creditor could not be fully paid through estate property alone, and

• The creditor is now seeking repayment from the individual beneficiaries directly.

Beneficiaries are not personally liable beyond what they inherited, but they may be required to return part or all of the distributed assets to cover debts.

Example Scenario

Let’s say:

• An estate is probated and closed,

• The beneficiaries each receive $50,000,

• Later, a valid $40,000 creditor claim arises,

• The estate has no remaining assets to pay the debt.

Under § 733.814, the creditor could pursue the beneficiaries for repayment—but only up to $40,000 total, and no more than $50,000 from each.

This protects creditors from being left empty-handed and ensures that estate debts don’t go unpaid simply because distributions were made too early or without proper notice.

Key Limitations and Protections

Probate Code § 733.814 includes important protections:

• Creditors must still prove the validity of their claim.

• Beneficiaries are not liable beyond the value of what they received.

• A creditor generally must act within the statute of limitations for claims against distributed assets.

• If the estate was distributed through a trust, other provisions may apply (e.g., Probate Code § 19400 et seq.).

Why This Code Section Matters

This provision reinforces the importance of:

• Properly handling creditor claims during probate,

• Delaying final distributions until claims periods expire,

• Communicating clearly with beneficiaries about potential liabilities,

• Seeking legal guidance before closing the estate.

If you’re a trustee, executor, or beneficiary, understanding § 733.814 helps prevent surprise legal issues long after a loved one’s passing.

Final Thoughts

Probate Code § 733.814 is a powerful but fair tool that balances the rights of creditors with protections for beneficiaries. While it doesn’t expose heirs to unlimited liability, it ensures that valid estate debts aren’t ignored.

If you’re involved in a California probate or trust administration and unsure about how to handle creditor claims or beneficiary liability, professional legal guidance is critical.

Need Help With Probate Debt Issues?

At Moravec, Varga & Mooney, we help California families protect their rights—whether you’re administering an estate, receiving an inheritance, or responding to a creditor’s claim. Let us help you resolve probate issues with confidence and care.

📞 Contact us today to schedule a consultation.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

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