(4) General gifts to the transferor’s relatives. 1990, Ch. Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse or surviving domestic partner, as defined in subdivision (b) of Section 37, under Section 6401, or the entire intestate estate if there is no surviving spouse or domestic partner, passes as follows: (5561) (c)As to separate property, the intestate share of the surviving spouse is as follows: (1)The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister. CA Prob Code § 6401 (through 2012 Leg Sess), DIVISION 6. Intestate Succession Generally, View Previous Versions of the California Code. Parent and Child Relationship [6450. NYSenate.gov, (b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101. As set forth above, the exceptions found in Section 6402.5 are only applicable in narrow circumstances. For more detailed codes research information, including annotations and citations, please visit Westlaw. (B) Where the decedent leaves no issue but leaves a parent or parents or their issue or the issue of either of them. (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100. California Probate Code: 13006. Terms Used In California Probate Code 6401. There's a specific sequence in which the gifts get cut back, and California Probate Code Section 21402 provides the sequence: (a) Shares of beneficiaries abate in the following order: (1) Property not disposed of by the instrument. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=6401. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. (3) General gifts to persons other than the transferor’s relatives. Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse or surviving domestic partner, as defined in subdivision (b) of Section 37, under Section 6401, or the entire intestate estate if there is no surviving spouse or domestic partner, passes as follows: (C)Where the decedent leaves issue of two or more deceased children. (2) The sole beneficiary or all of the beneficiaries who succeeded to the vessel under the will of the decedent where the vessel is, by will, so bequeathed. _____ Cal. Location:https://newyork.public.law/codes/ca_prob_code_section_6401. See California Government Code 21258; Community property: means : California Government Code 21259 Decedent: A deceased person. 1993, Ch. intestate. property of the decedent under Sections 6401 and 6402 or, if the law of a sister state or foreign nation governs succession to the particular item of property, under the law of the sister state or foreign nation. (b) If a will is present, that it is the last complete will (with codicils and/or other amendments), and that this will devised the subject property to the affiant. Code: Article: Section: Code ... Probate Code - PROB. in California passing to petitioner; (2) decedent's interest in the property; and, (3) if a petitioner's claim to the property is based on succession under Probate Code sections 6401 and 6402, facts that show the character of the property as community, separate, or quasi-community property. Decedent's personal representative has filed a consent to use the procedure provided in Probate Code section 13150 et seq. (B) Where the decedent leaves one child and the issue of one or more deceased children. For the purposes of this law, that includes: One half of the community property that existed at the time of his or her death. You are here: California / Probate Code - PROB / CHAPTER 2. WILLS AND INTESTATE SUCCESSION [6100 - 6806], CHAPTER 1. 6401. (2) Residuary gifts. (b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101. testate. No other person has a superior right to the described interest. - 6455.] 447, Sec. California Probate Code Section 6401 CA Prob Code § 6401 (2017) (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100. Effective January 1, 2003. Terms Used In California Probate Code 13006. In probate code 6402.5 what do they mean by attributable? Petitioner is the trustee of a trust that is a devisee under decedent's will. Section 6402.5 of the California Probate Code states that in cases where one has no surviving spouse or surviving issue, the surviving issue of the predeceased spouse may be entitled to the portion of the estate attributable to him or her. California's laws of intestate succession are set forth in Probate Code sections 6401-6402. But, if there is no surviving spouse, or an intestate estate, then status as next of kin in California comes into play. (b)As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101. 529, Sec. California Probate Code Section 6402 CA Prob Code § 6402 (2017) Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse, under Section 6401, or the entire intestate estate if there is no surviving spouse, passes as follows: Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse, under Section 6401, or the entire intestate estate if there is no surviving spouse, passes as follows: Read this complete California Code, Probate Code - PROB § 6401 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 6402 Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse, under Section 6401, or the entire intestate estate if there is … Probate Code - PROB Section 6451. (a)As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100. CHAPTER 1. (2) One-half of the intestate estate in the following cases: (A) Where the decedent leaves only one child or the issue of one deceased child. (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property … a nonresident of California and owned property in the county named above. court opinions. Under the California rules (California Probate Code Section 6401), if the person who dies is married, property is distributed as follows: (1) One-half of the community property of the person who died (called a “decedent”) is distributed to the surviving spouse (community property, generally, is property acquired during marriage); (c) As to separate property, the intestate share of the surviving spouse or surviving domestic partner, as defined in subdivision (b) of Section 37, is as follows: (1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister. (b) If the decedent died without a will, the sole person or all of the persons who succeeded to the particular item of property of the decedent under Sections 6401 and 6402 or, if the law of a sister state or foreign nation governs succession to the particular item of property, under the law of the sister state or foreign nation. 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