reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 1 - Intestate Succession Generally › Section 6402.

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 no surviving spouse, passes as follows:
(a) To the issue of the decedent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(b) If there is no surviving issue, to the decedent’s parent or parents equally.
(c) If there is no surviving issue or parent, to the issue of the parents or either of them, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(d) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, to the grandparent or grandparents equally, or to the issue of those grandparents if there is no surviving grandparent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(e) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, but the decedent is survived by the issue of a predeceased spouse, to that issue, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(f) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, or issue of a predeceased spouse, but the decedent is survived by next of kin, to the next of kin in equal degree, but where there are two or more collateral kindred in equal degree who claim through different ancestors, those who claim through the nearest ancestor are preferred to those claiming through an ancestor more remote.
(g) If there is no surviving next of kin of the decedent and no surviving issue of a predeceased spouse of the decedent, but the decedent is survived by the parents of a predeceased spouse or the issue of those parents, to the parent or parents equally, or to the issue of those parents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(Amended by Stats. 2014, Ch. 913, Sec. 32.5. (AB 2747) Effective January 1, 2015.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 1 - Intestate Succession Generally › Section 6403.

6403. (a) A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of intestate succession, and the heirs are determined accordingly. If it cannot be established by clear and convincing evidence that a person who would otherwise be an heir has survived the decedent by 120 hours, it is deemed that the person failed to survive for the required period. The requirement of this section that a person who survives the decedent must survive the decedent by 120 hours does not apply if the application of the 120-hour survival requirement would result in the escheat of property to the state.
(b) This section does not apply to the case where any of the persons upon whose time of death the disposition of property depends died before January 1, 1990, and such case continues to be governed by the law applicable before January 1, 1990.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 1 - Intestate Succession Generally › Section 6404.

6404. Part 4 (commencing with Section 6800) (escheat) applies if there is no taker of the intestate estate under the provisions of this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 1 - Intestate Succession Generally › Section 6406.

6406. Except as provided in Section 6451, relatives of the halfblood inherit the same share they would inherit if they were of the whole blood.
(Amended by Stats. 1993, Ch. 529, Sec. 3. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 1 - Intestate Succession Generally › Section 6407.

6407. Relatives of the decedent conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 1 - Intestate Succession Generally › Section 6409.

6409. (a) If a person dies intestate as to all or part of his or her estate, property the decedent gave during lifetime to an heir is treated as an advancement against that heir’s share of the intestate estate only if one of the following conditions is satisfied:
(1) The decedent declares in a contemporaneous writing that the gift is an advancement against the heir’s share of the estate or that its value is to be deducted from the value of the heir’s share of the estate.
(2) The heir acknowledges in writing that the gift is to be so deducted or is an advancement or that its value is to be deducted from the value of the heir’s share of the estate.
(b) Subject to subdivision (c), the property advanced is to be valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever occurs first.
(c) If the value of the property advanced is expressed in the contemporaneous writing of the decedent, or in an acknowledgment of the heir made contemporaneously with the advancement, that value is conclusive in the division and distribution of the intestate estate.
(d) If the recipient of the property advanced fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient’s issue unless the declaration or acknowledgment provides otherwise.
(Amended by Stats. 2002, Ch. 138, Sec. 8. Effective January 1, 2003.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 1 - Intestate Succession Generally › Section 6410.

6410. (a) A debt owed to the decedent is not charged against the intestate share of any person except the debtor.
(b) If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s issue.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 1 - Intestate Succession Generally › Section 6411.

6411. No person is disqualified to take as an heir because that person or a person through whom the person claims is or has been a person who is not a citizen or national of the United States.
(Amended by Stats. 2021, Ch. 296, Sec. 54. (AB 1096) Effective January 1, 2022.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 1 - Intestate Succession Generally › Section 6412.

6412. Except to the extent provided in Section 120, the estates of dower and curtesy are not recognized.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 1 - Intestate Succession Generally › Section 6413.

6413. A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 1 - Intestate Succession Generally › Section 6414.

6414. (a) Except as provided in subdivision (b), this part does not apply where the decedent died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where the decedent died before January 1, 1985.
(b) Section 6412 applies whether the decedent died before, on, or after January 1, 1985.
(c) Where any of the following provisions is applied in a case where the decedent died before January 1, 1985, any reference in that provision to this part shall be deemed to be a reference to former Division 2 (commencing with Section 200) which was repealed by Section 19 of Chapter 842 of the Statutes of 1983:
(1) Section 377 of the Code of Civil Procedure.
(2) Section 3524 of the Penal Code.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 2 - Parent and Child Relationship › Section 6450.

6450. Subject to the provisions of this chapter, a relationship of parent and child exists for the purpose of determining intestate succession by, through, or from a person in the following circumstances:
(a) The relationship of parent and child exists between a person and the person’s natural parents, regardless of the marital status of the natural parents.
(b) The relationship of parent and child exists between an adopted person and the person’s adopting parent or parents.
(Added by Stats. 1993, Ch. 529, Sec. 5. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 2 - Parent and Child Relationship › Section 6451.

6451. (a) An adoption severs the relationship of parent and child between an adopted person and a natural parent of the adopted person unless both of the following requirements are satisfied:
(1) The natural parent and the adopted person lived together at any time as parent and child, or the natural parent was married to or cohabiting with the other natural parent at the time the person was conceived and died before the person’s birth.
(2) The adoption was by the spouse of either of the natural parents or after the death of either of the natural parents.
(b) Neither a natural parent nor a relative of a natural parent, except for a wholeblood brother or sister of the adopted person or the issue of that brother or sister, inherits from or through the adopted person on the basis of a parent and child relationship between the adopted person and the natural parent that satisfies the requirements of paragraphs (1) and (2) of subdivision (a), unless the adoption is by the spouse or surviving spouse of that parent.
(c) For the purpose of this section, a prior adoptive parent and child relationship is treated as a natural parent and child relationship.
(Added by Stats. 1993, Ch. 529, Sec. 5. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 2 - Parent and Child Relationship › Section 6452.

6452. (a) A parent does not inherit from or through a child on the basis of the parent and child relationship if any of the following apply:
(1) The parent’s parental rights were terminated and the parent-child relationship was not judicially reestablished.
(2) The parent did not acknowledge the child.
(3) The parent left the child during the child’s minority without an effort to provide for the child’s support or without communication from the parent, for at least seven consecutive years that continued until the end of the child’s minority, with the intent on the part of the parent to abandon the child. The failure to provide support or to communicate for the prescribed period is presumptive evidence of an intent to abandon.
(b) A parent who does not inherit from or through the child as provided in subdivision (a) shall be deemed to have predeceased the child, and the intestate estate shall pass as otherwise required under Section 6402.
(Repealed and added by Stats. 2013, Ch. 39, Sec. 2. (AB 490) Effective January 1, 2014.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 2 - Parent and Child Relationship › Section 6453.

6453. For the purpose of determining whether a person is a “natural parent” as that term is used in this chapter:
(a) A natural parent and child relationship is established where that relationship is presumed and not rebutted pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code).
(b) A natural parent and child relationship may be established pursuant to any other provisions of the Uniform Parentage Act, except that the relationship may not be established by an action under subdivision (c) of Section 7630 of the Family Code unless any of the following conditions exist:
(1) A court order was entered during the parent’s lifetime declaring parentage.
(2) Parentage is established by clear and convincing evidence that the parent has openly held out the child as that parent’s own.
(3) It was impossible for the parent to hold out the child as that parent’s own and parentage is established by clear and convincing evidence, which may include genetic DNA evidence acquired during the parent’s lifetime.
(c) A natural parent and child relationship may be established pursuant to Section 249.5.
(Amended by Stats. 2018, Ch. 116, Sec. 1. (SB 1436) Effective January 1, 2019.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 2 - Parent and Child Relationship › Section 6454.

6454. For the purpose of determining intestate succession by a person or the person’s issue from or through a foster parent or stepparent, the relationship of parent and child exists between that person and the person’s foster parent or stepparent if both of the following requirements are satisfied:
(a) The relationship began during the person’s minority and continued throughout the joint lifetimes of the person and the person’s foster parent or stepparent.
(b) It is established by clear and convincing evidence that the foster parent or stepparent would have adopted the person but for a legal barrier.
(Added by Stats. 1993, Ch. 529, Sec. 5. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 2 - Parent and Child Relationship › Section 6455.

6455. Nothing in this chapter affects or limits application of the judicial doctrine of equitable adoption for the benefit of the child or the child’s issue.
(Added by Stats. 1993, Ch. 529, Sec. 5. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 1 - Temporary Possession of Family Dwelling and Exempt Property › Section 6500.

6500. Until the inventory is filed and for a period of 60 days thereafter, or for such other period as may be ordered by the court for good cause on petition therefor, the decedent’s surviving spouse and minor children are entitled to remain in possession of the family dwelling, the wearing apparel of the family, the household furniture, and the other property of the decedent exempt from enforcement of a money judgment.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 1 - Temporary Possession of Family Dwelling and Exempt Property › Section 6501.

6501. A petition for an order under Section 6500 may be filed by any interested person. Notice of the hearing on the petition shall be given as provided in Section 1220.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 2 - Setting Aside Exempt Property Other Than Family Dwelling › Section 6510.

6510. Upon the filing of the inventory or at any subsequent time during the administration of the estate, the court in its discretion may on petition therefor set apart all or any part of the property of the decedent exempt from enforcement of a money judgment, other than the family dwelling, to any one or more of the following:
(a) The surviving spouse.
(b) The minor children of the decedent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 2 - Setting Aside Exempt Property Other Than Family Dwelling › Section 6511.

6511. A petition for an order under Section 6510 may be filed by any interested person. Notice of the hearing on the petition shall be given as provided in Section 1220.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 3 - Setting Aside Probate Homestead › Section 6520.

6520. Upon the filing of the inventory or at any subsequent time during the administration of the estate, the court in its discretion may on petition therefor select and set apart one probate homestead in the manner provided in this chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 3 - Setting Aside Probate Homestead › Section 6521.

6521. The probate homestead shall be set apart for the use of one or more of the following persons:
(a) The surviving spouse.
(b) The minor children of the decedent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 3 - Setting Aside Probate Homestead › Section 6522.

6522. (a) The probate homestead shall be selected out of the following property, giving first preference to the community and quasi-community property of, or property owned in common by, the decedent and the person entitled to have the homestead set apart:
(1) If the homestead is set apart for the use of the surviving spouse or for the use of the surviving spouse and minor children, out of community property or quasi-community property.
(2) If the homestead is set apart for the use of the surviving spouse or for the use of the minor children or for the use of the surviving spouse and minor children, out of property owned in common by the decedent and the persons entitled to have the homestead set apart, or out of the separate property of the decedent or, if the decedent was not married at the time of death, out of property owned by the decedent.
(b) The probate homestead shall not be selected out of property the right to possession of which is vested in a third person unless the third person consents thereto. As used in this subdivision, “third person” means a person whose right to possession of the property (1) existed at the time of the death of the decedent or came into existence upon the death of the decedent and (2) was not created by testate or intestate succession from the decedent.
(Amended by Stats. 1990, Ch. 710, Sec. 17. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 3 - Setting Aside Probate Homestead › Section 6523.

6523. (a) In selecting and setting apart the probate homestead, the court shall consider the needs of the surviving spouse and minor children, the liens and encumbrances on the property, the claims of creditors, the needs of the heirs or devisees of the decedent, and the intent of the decedent with respect to the property in the estate and the estate plan of the decedent as expressed in inter vivos and testamentary transfers or by other means.
(b) The court, in light of subdivision (a) and other relevant considerations as determined by the court in its discretion, shall:
(1) Select as a probate homestead the most appropriate property available that is suitable for that use, including in addition to the dwelling itself such adjoining property as appears reasonable.
(2) Set the probate homestead so selected apart for such a term and upon such conditions (including, but not limited to, assignment by the homestead recipient of other property to the heirs or devisees of the property set apart as a homestead) as appear proper.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 3 - Setting Aside Probate Homestead › Section 6524.

6524. The property set apart as a probate homestead shall be set apart only for a limited period, to be designated in the order, and in no case beyond the lifetime of the surviving spouse, or, as to a child, beyond its minority. Subject to the probate homestead right, the property of the decedent remains subject to administration including testate and intestate succession. The rights of the parties during the period for which the probate homestead is set apart are governed, to the extent applicable, by the Legal Estates Principal and Income Law, Chapter 2.6 (commencing with Section 731) of Title 2 of Part 1 of Division 2 of the Civil Code.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 3 - Setting Aside Probate Homestead › Section 6525.

6525. (a) A petition to select and set apart a probate homestead may be filed by any interested person.
(b) Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons:
(1) Each person listed in Section 1220.
(2) Each known heir whose interest in the estate would be affected by the petition.
(3) Each known devisee whose interest in the estate would be affected by the petition.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 3 - Setting Aside Probate Homestead › Section 6526.

6526. (a) Property of the decedent set apart as a probate homestead is liable for claims against the estate of the decedent, subject to the probate homestead right. The probate homestead right in property of the decedent is liable for claims that are secured by liens and encumbrances on the property at the time of the decedent’s death but is exempt to the extent of the homestead exemption as to any claim that would have been subject to a homestead exemption at the time of the decedent’s death under Article 4 (commencing with Section 704.710) of Chapter 4 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
(b) The probate homestead right in the property of the decedent is not liable for claims against the person for whose use the probate homestead is set apart.
(c) Property of the decedent set apart as a probate homestead is liable for claims against the testate or intestate successors of the decedent or other successors to the property after administration, subject to the probate homestead right.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 3 - Setting Aside Probate Homestead › Section 6527.

6527. (a) The court may by order modify the term or conditions of the probate homestead right or terminate the probate homestead right at any time prior to entry of an order for final distribution of the decedent’s estate if in the court’s discretion to do so appears appropriate under the circumstances of the case.
(b) A petition for an order under this section may be filed by any of the following:
(1) The person for whose use the probate homestead is set apart.
(2) The testate or intestate successors of the decedent or other successors to the property set apart as a probate homestead.
(3) Persons having claims secured by liens or encumbrances on the property set apart as a probate homestead.
(c) Notice of the hearing on the petition shall be given to all the persons listed in subdivision (b) as provided in Section 1220.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 3 - Setting Aside Probate Homestead › Section 6528.

6528. Nothing in this chapter terminates or otherwise affects a declaration of homestead by, or for the benefit of, a surviving spouse or minor child of the decedent with respect to the community, quasi-community, or common interest of the surviving spouse or minor child in property in the decedent’s estate. This section is declaratory of, and does not constitute a change in, existing law.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 4 - Family Allowance › Section 6540.

6540. (a) The following are entitled to such reasonable family allowance out of the estate as is necessary for their maintenance according to their circumstances during administration of the estate:
(1) The surviving spouse of the decedent.
(2) Minor children of the decedent.
(3) Adult children of the decedent who are physically or mentally incapacitated from earning a living and were actually dependent in whole or in part upon the decedent for support.
(b) The following may be given such reasonable family allowance out of the estate as the court in its discretion determines is necessary for their maintenance according to their circumstances during administration of the estate:
(1) Other adult children of the decedent who were actually dependent in whole or in part upon the decedent for support.
(2) A parent of the decedent who was actually dependent in whole or in part upon the decedent for support.
(c) If a person otherwise eligible for family allowance has a reasonable maintenance from other sources and there are one or more other persons entitled to a family allowance, the family allowance shall be granted only to those who do not have a reasonable maintenance from other sources.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 4 - Family Allowance › Section 6541.

6541. (a) The court may grant or modify a family allowance on petition of any interested person.
(b) With respect to an order for the family allowance provided for in subdivision (a) of Section 6540:
(1) Before the inventory is filed, the order may be made or modified either (A) ex parte or (B) after notice of the hearing on the petition has been given as provided in Section 1220.
(2) After the inventory is filed, the order may be made or modified only after notice of the hearing on the petition has been given as provided in Section 1220.
(c) An order for the family allowance provided in subdivision (b) of Section 6540 may be made only after notice of the hearing on the petition has been given as provided in Section 1220 to all of the following persons:
(1) Each person listed in Section 1220.
(2) Each known heir whose interest in the estate would be affected by the petition.
(3) Each known devisee whose interest in the estate would be affected by the petition.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 4 - Family Allowance › Section 6542.

6542. A family allowance commences on the date of the court’s order or such other time as may be provided in the court’s order, whether before or after the date of the order, as the court in its discretion determines, but the allowance may not be made retroactive to a date earlier than the date of the decedent’s death.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 4 - Family Allowance › Section 6543.

6543. (a) A family allowance shall terminate no later than the entry of the order for final distribution of the estate or, if the estate is insolvent, no later than one year after the granting of letters.
(b) Subject to subdivision (a), a family allowance shall continue until modified or terminated by the court or until such time as the court may provide in its order.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 4 - Family Allowance › Section 6545.

6545. Notwithstanding Chapter 2 (commencing with Section 916) of Title 13 of Part 2 of the Code of Civil Procedure, the perfecting of an appeal from an order made under this chapter does not stay proceedings under this chapter or the enforcement of the order appealed from if the person in whose favor the order is made gives an undertaking in double the amount of the payment or payments to be made to that person. The undertaking shall be conditioned that if the order appealed from is modified or reversed so that the payment or any part thereof to the person proves to have been unwarranted, the payment or part thereof shall, unless deducted from any preliminary or final distribution ordered in favor of the person, be repaid and refunded into the estate within 30 days after the court so orders following the modification or reversal, together with interest and costs.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6600.

6600. (a) Subject to subdivision (b), for the purposes of this chapter, “decedent’s estate” means all the decedent’s personal property, wherever located, and all the decedent’s real property located in this state.
(b) For the purposes of this chapter:
(1) Any property or interest or lien thereon which, at the time of the decedent’s death, was held by the decedent as a joint tenant, or in which the decedent had a life or other interest terminable upon the decedent’s death, shall be excluded in determining the estate of the decedent or its value.
(2) A multiple-party account to which the decedent was a party at the time of the decedent’s death shall be excluded in determining the estate of the decedent or its value, whether or not all or a portion of the sums on deposit are community property, to the extent that the sums on deposit belong after the death of the decedent to a surviving party, P.O.D. payee, or beneficiary. As used in this paragraph, the terms “multiple-party account,” “party,” “P.O.D. payee,” and “beneficiary” have the meanings given those terms in Article 2 (commencing with Section 5120) of Chapter 1 of Part 2 of Division 5.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6601.

6601. As used in this chapter, “minor child” means a child of the decedent who was under the age of 18 at the time of the decedent’s death and who survived the decedent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6602.

6602. A petition may be filed under this chapter requesting an order setting aside the decedent’s estate to the decedent’s surviving spouse and minor children, or one or more of them, as provided in this chapter, if the net value of the decedent’s estate, over and above all liens and encumbrances at the date of death and over and above the value of any probate homestead interest set apart out of the decedent’s estate under Section 6520, does not exceed eighty-five thousand nine hundred dollars ($85,900), as adjusted periodically in accordance with Section 890.
(Amended by Stats. 2019, Ch. 122, Sec. 2. (AB 473) Effective January 1, 2020.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6603.

6603. The petition shall be filed in the superior court of a county in which the estate of the decedent may be administered.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6604.

6604. (a) The petition shall allege that this chapter applies and request that an order be made setting aside the estate of the decedent as provided in this chapter.
(b) The petition shall include the following:
(1) If proceedings for administration of the estate are not pending, the facts necessary to determine the county in which the estate of the decedent may be administered.
(2) The name, age, address, and relation to the decedent of each heir and devisee of the decedent, so far as known to the petitioner.
(3) A specific description and estimate of the value of the decedent’s estate and a list of all liens and encumbrances at the date of death.
(4) A specific description and estimate of the value of any of the decedent’s real property located outside this state that passed to the surviving spouse and minor children of the decedent, or any one or more of them, under the will of the decedent or by intestate succession.
(5) A specific description and estimate of the value of any of the decedent’s property described in subdivision (b) of Section 6600 that passed to the surviving spouse and minor children of the decedent, or any one or more of them, upon the death of the decedent.
(6) A designation of any property as to which a probate homestead is set apart out of the decedent’s estate under Section 6520.
(7) A statement of any unpaid liabilities for expenses of the last illness, funeral charges, and expenses of administration.
(8) The requested disposition of the estate of the decedent under this chapter and the considerations that justify the requested disposition.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6605.

6605. (a) If proceedings for the administration of the estate of the decedent are pending, a petition under this chapter shall be filed in those proceedings without the payment of an additional fee.
(b) If proceedings for the administration of the estate of the decedent have not yet been commenced, a petition under this chapter may be filed concurrently with a petition for the probate of the decedent’s will or for administration of the estate of the decedent, or, if no petition for probate or for administration is being filed, a petition under this chapter may be filed independently.
(c) A petition may be filed under this chapter at any time prior to the entry of the order for final distribution of the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6606.

6606. (a) A petition may be filed under this chapter by any of the following:
(1) The person named in the will of the decedent as executor.
(2) The surviving spouse of the decedent.
(3) The guardian of a minor child of the decedent.
(4) A child of the decedent who was a minor at the time the decedent died.
(5) The personal representative if a personal representative has been appointed for the decedent’s estate.
(b) The guardian of a minor child of the decedent may file the petition without authorization or approval of the court in which the guardianship proceeding is pending.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6607.

6607. (a) Where proceedings for the administration of the estate of the decedent are not pending when the petition is filed under this chapter and the petition under this chapter is not joined with a petition for the probate of the decedent’s will or for administration of the estate of the decedent, the petitioner shall give notice of the hearing on the petition as provided in Section 1220 to (1) each person named as executor in the decedent’s will and to (2) each heir or devisee of the decedent, if known to the petitioner. A copy of the petition shall be sent with the notice of hearing to the surviving spouse, each child, and each devisee who is not petitioning.
(b) If the petition under this chapter is filed with a petition for the probate of the decedent’s will or with a petition for administration of the estate of the deceased spouse, notice of the hearing on the petition shall be given to the persons and in the manner prescribed by Section 8003 and shall be included in the notice required by that section.
(c) If proceedings for the administration of the estate of the decedent are pending when the petition is filed under this chapter and the hearing of the petition for probate of the will or administration of the estate of the decedent is set for a day more than 15 days after the filing of the petition filed under this chapter, the petition under this chapter shall be set for hearing at the same time as the petition for probate of the will or for administration of the estate, and notice of hearing on the petition filed under this chapter shall be given by the petitioner as provided in Section 1220. If the hearing of the petition for probate of the will or for administration of the estate is not set for hearing for a day more than 15 days after the filing of the petition under this chapter, (1) the petition filed under this chapter shall be set for hearing at least 15 days after the date on which it is filed, (2) notice of the hearing on the petition filed under this chapter shall be given by the petitioner as provided in Section 1220, and (3) if the petition for probate of the will or for administration of the estate has not already been heard, that petition shall be continued until that date and heard at the same time unless the court otherwise orders.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6608.

6608. If a petition is filed under this chapter, the personal representative, or the petitioner if no personal representative has been appointed, shall file with the clerk of the court, prior to the hearing of the petition, an inventory and appraisal made as provided in Part 3 (commencing with Section 8800) of Division 7. The personal representative or the petitioner, as the case may be, may appraise the assets which a personal representative could appraise under Section 8901.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6609.

6609. (a) If the court determines that the net value of the decedent’s estate, over and above all liens and encumbrances at the date of death of the decedent and over and above the value of any probate homestead interest set apart out of the decedent’s estate under Section 6520, does not exceed eighty-five thousand nine hundred dollars ($85,900), as adjusted periodically in accordance with Section 890, as of the date of the decedent’s death, the court shall make an order under this section unless the court determines that making an order under this section would be inequitable under the circumstances of the particular case.
(b) In determining whether to make an order under this section, the court shall consider the needs of the surviving spouse and minor children, the liens and encumbrances on the property of the decedent’s estate, the claims of creditors, the needs of the heirs or devisees of the decedent, the intent of the decedent with respect to the property in the estate and the estate plan of the decedent as expressed in inter vivos and testamentary transfers or by other means, and any other relevant considerations. If the surviving spouse has remarried at the time the petition is heard, it shall be presumed that the needs of the surviving spouse do not justify the setting aside of the small estate, or any portion thereof, to the surviving spouse. This presumption is a presumption affecting the burden of proof.
(c) Subject to subdivision (d), if the court makes an order under this section, the court shall assign the whole of the decedent’s estate, subject to all liens and encumbrances on property in the estate at the date of the decedent’s death, to the surviving spouse and the minor children of the decedent, or any one or more of them.
(d) If there are any liabilities for expenses of the last illness, funeral charges, or expenses of administration that are unpaid at the time the court makes an order under this section, the court shall make the necessary orders for payment of those unpaid liabilities.
(e) Title to property in the decedent’s estate vests absolutely in the surviving spouse, minor children, or any or all of them, as provided in the order, subject to all liens and encumbrances on property in the estate at the date of the decedent’s death, and there shall be no further proceedings in the administration of the decedent’s estate unless additional property in the decedent’s estate is discovered.
(Amended by Stats. 2019, Ch. 122, Sec. 3. (AB 473) Effective January 1, 2020.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6610.

6610. Upon becoming final, an order under Section 6609 shall be conclusive on all persons, whether or not they are then in being.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6611.

6611. (a) Subject to the limitations and conditions specified in this section, the person or persons in whom title vested pursuant to Section 6609 are personally liable for the unsecured debts of the decedent.
(b) The personal liability of a person under this section does not exceed the fair market value at the date of the decedent’s death of the property title to which vested in that person pursuant to Section 6609, less the total of all of the following:
(1) The amount of any liens and encumbrances on that property.
(2) The value of any probate homestead interest set apart under Section 6520 out of that property.
(3) The value of any other property set aside under Section 6510 out of that property.
(c) In any action or proceeding based upon an unsecured debt of the decedent, the surviving spouse of the decedent, the child or children of the decedent, or the guardian of the minor child or children of the decedent, may assert any defense, cross-complaint, or setoff which would have been available to the decedent if the decedent had not died.
(d) If proceedings are commenced in this state for the administration of the estate of the decedent and the time for filing claims has commenced, any action upon the personal liability of a person under this section is barred to the same extent as provided for claims under Part 4 (commencing with Section 9000) of Division 7, except as to the following:
(1) Creditors who commence judicial proceedings for the enforcement of the debt and serve the person liable under this section with the complaint therein prior to the expiration of the time for filing claims.
(2) Creditors who have or who secure an acknowledgment in writing of the person liable under this section that that person is liable for the debts.
(3) Creditors who file a timely claim in the proceedings for the administration of the estate of the decedent.
(e) Section 366.2 of the Code of Civil Procedure applies in an action under this section.
(Amended by Stats. 1992, Ch. 178, Sec. 32. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6612.

6612. If a petition filed under this chapter is filed with a petition for the probate of the decedent’s will or for administration of the estate of the decedent and the court determines not to make an order under Section 6609, the court shall act on the petition for probate of the decedent’s will or for administration of the estate of the decedent in the same manner as if no petition had been filed under this chapter, and the estate shall then be administered in the same manner as if no petition had been filed under this chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6613.

6613. The attorney’s fees for services performed in connection with the filing of a petition and the obtaining of a court order under this chapter shall be determined by private agreement between the attorney and the client and are not subject to approval by the court. If there is no agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining of a court order under this chapter and there is a dispute concerning the reasonableness of the attorney’s fees for those services, a petition may be filed with the court in the same proceeding requesting that the court determine the reasonableness of the attorney’s fees for those services. If there is an agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the meaning of the agreement, a petition may be filed with the court in the same proceeding requesting that the court determine the dispute.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6614.

6614. Sections 6600 to 6613, inclusive, do not apply if the decedent died before July 1, 1987. If the decedent died before July 1, 1987, the case continues to be governed by the law applicable to the case prior to July 1, 1987.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 3 - FAMILY PROTECTION › CHAPTER 6 - Small Estate Set-Aside › Section 6615.

6615. A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 640 to 647.5, inclusive, repealed by Chapter 783 of the Statutes of 1986, shall be deemed to be a reference to the comparable provisions of this chapter.
(Enacted by Stats. 1990, Ch. 79.)