Distribution of EstateDeceased Distributee

Section § 11801

Explanation

This section explains what happens if someone who was supposed to inherit from an estate dies before they actually receive their share. Generally, their share is treated as if they received it while alive, unless the will specifies that they must be alive by the time the distribution happens. If the will says they need to live until the distribution date and they don't, they can't inherit.

(a)CA Probate Code § 11801(a) Except as provided in subdivision (b), the share in a decedent’s estate of a beneficiary who survives the decedent but who dies before distribution shall be distributed under this chapter with the same effect as though the distribution were made to the beneficiary while living.
(b)CA Probate Code § 11801(b)  Subject to Section 21525, distribution may not be made under this chapter if the decedent’s will provides that the beneficiary is entitled to take under the will only if the beneficiary survives the date of distribution or other period stated in the will and the beneficiary fails to survive the date of distribution or other period.
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Section § 11802

Explanation

This law outlines how a deceased person's estate should be distributed to a beneficiary's estate or heirs. First, if the deceased beneficiary had a personal representative, their share goes to that representative for administration. However, if the beneficiary was a direct descendant, died young without a will, and wasn't emancipated, their estate goes directly to their heirs, bypassing administration. Finally, if someone eligible for the share chooses a simplified process called 'disposition of estate without administration,' distribution follows a specific procedure under Division 8.

If a beneficiary satisfies the requirement of Section 11801, the beneficiary’s share in the decedent’s estate shall be distributed as follows:
(a)CA Probate Code § 11802(a) Except as otherwise provided in this section, distribution shall be made to the personal representative of the estate of the beneficiary for the purpose of administration in the estate of the beneficiary.
(b)CA Probate Code § 11802(b) If the beneficiary was issue of the decedent and died intestate while under the age of majority and not having been emancipated, distribution shall be made directly to the heirs of the beneficiary without administration in the estate of the beneficiary.
(c)CA Probate Code § 11802(c) If a person entitled to the beneficiary’s share proceeds under Division 8 (commencing with Section 13000) (disposition of estate without administration), distribution shall be made under Division 8.
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