(a) To levy upon the interest of the judgment debtor in personal property in the estate of a decedent, whether the interest arises by testate or intestate succession, the levying officer shall personally serve a copy of the writ and a notice of levy on the personal representative of the decedent. The levy does not impair the powers of the representative over the property for the purposes of administration.
§ 700.200.Levy Upon Debtor's Interest In Personal Property of Estate of Decedent
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 4. Methods of Levy · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 700.200 levies on a debtor's inherited or bequeathed interest in a decedent's estate by serving the personal representative, who reports the levy when a distribution petition is filed, holding the execution lien for one year after the distribution decree becomes final.
Full Text of § 700.200
(b) The personal representative shall report the levy to the court in which the estate is being administered when any petition for distribution is filed. If a decree orders distribution to the judgment debtor, the court making the decree shall order the property levied upon to be delivered to the levying officer. The property may not be delivered to the levying officer until the decree distributing the property has become final. To the extent the property delivered to the levying officer is not necessary to satisfy the money judgment, it shall be released to the judgment debtor.
(c) Promptly after the property is delivered to the levying officer pursuant to subdivision (b), the levying officer shall serve a notice describing the property on the judgment debtor. Service shall be made personally or by mail. Notwithstanding Section 703.520, a claim of exemption for the property described in the notice may be made within 10 days after the notice was served on the judgment debtor.
(e) A writ under which a levy is made pursuant to this section shall be returned not later than one year after the date the decree distributing the interest has become final.
Plain-English Summary
An inheritance a judgment debtor stands to receive is reachable property, but the probate process controls when it can be delivered. Section 700.200 requires the levying officer to personally serve the personal representative of the decedent's estate with the writ and a notice of levy, without disturbing the representative's ordinary powers to administer the property.
When a petition for distribution is filed, the representative reports the levy to the probate court. If the court decrees distribution to the judgment debtor, it orders the property delivered to the levying officer — but not before the decree becomes final — and releases to the debtor whatever isn't needed to satisfy the judgment.
Once the property reaches the officer, the officer serves the debtor with a notice describing it, and the debtor gets a special ten-day window to claim an exemption, overriding the ordinarily applicable deadline in § 703.520. The resulting execution lien lasts one year after the distribution decree becomes final, longer than the general lien-duration rule of § 697.710 would otherwise allow, regardless of whether the judgment is satisfied sooner. The writ itself must be returned no later than one year after the decree becomes final.
Frequently Asked Questions
Who gets served when a levy is made on a debtor's interest in a decedent's estate?
The personal representative of the decedent, without impairing the representative's powers over the property for administration purposes.
When can the estate property be delivered to the levying officer?
Only after the court's decree distributing the property to the judgment debtor becomes final.
How long does the debtor have to claim an exemption once the property reaches the levying officer?
Ten days after the officer serves the debtor with a notice describing the property, notwithstanding the deadline that would otherwise apply under § 703.520.
How long does the execution lien last under this section?
One year after the distribution decree becomes final, unless the judgment is satisfied sooner, extending beyond the general lien duration in § 697.710.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: levy inheritance decedent estate california