## Facts

- Medical providers furnished hospital and medical services to Marjorie Rumsey during marriage; the charges were unpaid and later assigned to a collection agency.
- Marjorie died with unpaid medical bills from her last illness.
- The collection agency sued Donald Rumsey, the surviving spouse, to recover the unpaid medical expenses.
- The action was not filed within one year after Marjorie’s death.
- Statutory provisions implicated included: former Code of Civil Procedure section 353 (now section 366.2) (one-year limit on actions on a decedent’s liabilities), Probate Code sections 13550 and 13554(c) (surviving spouse liability and incorporation of the one-year limit), and Family Code section 914 (spousal liability for necessaries of life).

## Issues

1. Whether an action to recover a deceased spouse’s unpaid medical expenses from the surviving spouse is governed by the one-year limitations period for actions on a decedent’s liabilities (former Code Civ. Proc., § 353, now § 366.2), as applied through Probate Code sections 13550 and 13554(c).
2. Whether Family Code section 914 creates an independent, non-derivative claim against the surviving spouse for “necessaries of life” that permits use of a longer limitations period (such as the four-year period for open book accounts).

## Decision

- The California Supreme Court reversed the Court of Appeal and reinstated judgment for the surviving spouse.
- The Court held the one-year limitations period for actions on a decedent’s liabilities governs creditor suits against a surviving spouse seeking to collect the deceased spouse’s unpaid debts.
- The Court concluded Family Code section 914 does not permit creditors to avoid the probate limitations scheme for debts that remained unpaid at the debtor spouse’s death.
- Because the creditor did not sue within one year of the death, the claim was time-barred.

## Legal Principles

- Former Code of Civil Procedure section 353 (now section 366.2) imposes a one-year, absolute limitations period on actions on a decedent’s liabilities, including actions against persons other than the estate who are liable on the debt.
- Probate Code section 13554(c) expressly subjects enforcement of a deceased spouse’s debts against the surviving spouse to the one-year limitations period applicable to the decedent’s liabilities.
- A creditor may not extend the time to sue for a decedent’s unpaid debts by recharacterizing the action as a separate claim under Family Code section 914 for necessaries of life.
- The probate limitations scheme reflects a legislative policy favoring prompt resolution of decedent-related liabilities and timely administration and distribution of property.

## Conclusion

A creditor seeking to recover a deceased spouse’s unpaid medical expenses from the surviving spouse must file suit within one year of the debtor spouse’s death under the limitations period for actions on a decedent’s liabilities; Family Code section 914 does not provide a longer, independent limitations period for such post-death collection efforts.


Collection Bureau of San Jose v. Rumsey, 24 Cal. 4th 301 (Cal. 2000)