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.
Family ProtectionSetting Aside Probate Homestead
Section § 6520
This law allows a court to choose and designate a 'probate homestead' for an estate when an inventory is filed or at any time while the estate is being managed. The court can make this decision based on a petition.
probate homestead estate administration inventory filing
Section § 6521
This law explains that the probate homestead, a property set aside from an estate, is meant to be used by specific family members following a person's death. Specifically, it can be used by the surviving spouse or the decedent's minor children.
The probate homestead shall be set apart for the use of one or more of the following persons:
(a)CA Probate Code § 6521(a) The surviving spouse.
(b)CA Probate Code § 6521(b) The minor children of the decedent.
probate homestead surviving spouse minor children
Section § 6522
This law explains how a probate homestead, which is a property protection for survivors after someone dies, is chosen. The first choice is property that the deceased and the survivor jointly owned, like community property. If the homestead is for the surviving spouse or their family, it should use such jointly owned or community property first. If the deceased wasn't married, the homestead might come from what they owned alone.
Additionally, you can't choose a homestead from property that someone else legally controls, unless that person agrees. This control means they had the right to use the property before or right at the moment of the deceased's death, and that right didn't come because of the death itself.
(a)CA Probate Code § 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)CA Probate Code § 6522(a)(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)CA Probate Code § 6522(a)(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)CA Probate Code § 6522(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.
probate homestead community property quasi-community property
Section § 6523
This law section tells the court how to decide on a 'probate homestead'—a home set aside for a surviving spouse or minor children after someone dies. The court must think about the needs of the spouse and kids, any debts on the property, creditors' claims, the needs of other heirs, and what the deceased person wanted for their estate.
The court will pick the best property for this purpose, which can include land around the home if needed. The court will also decide how long the home can be used as a homestead and under what conditions, which might involve the person using the home giving other property to the heirs.
(a)CA Probate Code § 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)CA Probate Code § 6523(b) The court, in light of subdivision (a) and other relevant considerations as determined by the court in its discretion, shall:
(1)CA Probate Code § 6523(b)(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)CA Probate Code § 6523(b)(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.
probate homestead surviving spouse minor children
Section § 6524
A probate homestead is property designated for temporary use by a surviving spouse or child following a person's death. The duration is specified in the court order and cannot last beyond the spouse's lifetime or the child's minority (underage). Even with this designation, the property can still be managed and distributed according to the deceased person's will or state inheritance laws. While in use as a probate homestead, the relevant laws regarding property income and rights apply.
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.
probate homestead surviving spouse minority of child
Section § 6525
This law allows any person with an interest in an estate to file a petition to designate a 'probate homestead'—a place of residence for someone entitled to it from the estate. The law requires that notice of any hearing about this petition be given to specific people who would be impacted, including anyone mentioned in another rule (Section 1220), and any known heirs or people receiving something from the will (devisees) whose stake in the estate would change because of the petition.
(a)CA Probate Code § 6525(a) A petition to select and set apart a probate homestead may be filed by any interested person.
(b)CA Probate Code § 6525(b) Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons:
(1)CA Probate Code § 6525(b)(1) Each person listed in Section 1220.
(2)CA Probate Code § 6525(b)(2) Each known heir whose interest in the estate would be affected by the petition.
(3)CA Probate Code § 6525(b)(3) Each known devisee whose interest in the estate would be affected by the petition.
probate homestead petition filing interested person
Section § 6526
This law is about what happens to a deceased person's home—called a "probate homestead"—in relation to their debts. If a person dies and leaves a house that's been set aside under probate, it can still be used to pay off their debts, but the probate homestead has some protection. It can't be taken for debts that would have been exempt under the homestead exemption rules at the time of death, except if those debts are secured by things like mortgages or liens.
Importantly, the people who are supposed to use the probate homestead (like a surviving spouse or kids) are not personally responsible for the deceased’s debts because of this homestead. However, if anyone inherits the home after the estate is settled, the home can again be claimed by creditors to pay off debts owed by those new owners, but this is still subject to the probate homestead protections.
(a)CA Probate Code § 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)CA Probate Code § 6526(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)CA Probate Code § 6526(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.
probate homestead decedent's property homestead exemption
Section § 6527
This statute allows a court to change or end the right to use a probate homestead, which is a home set aside for someone in an estate, before the final distribution of the deceased person's estate is settled. The court can make this decision if it seems suitable based on the situation.
Anyone interested in changing or ending the probate homestead can file a petition, including the person for whom the homestead was set aside, the decedent's inheritors, or creditors with a lien or claim on the property.
All those involved must be notified about the hearing concerning such a petition as per the stipulated legal requirements.
(a)CA Probate Code § 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)CA Probate Code § 6527(b) A petition for an order under this section may be filed by any of the following:
(1)CA Probate Code § 6527(b)(1) The person for whose use the probate homestead is set apart.
(2)CA Probate Code § 6527(b)(2) The testate or intestate successors of the decedent or other successors to the property set apart as a probate homestead.
(3)CA Probate Code § 6527(b)(3) Persons having claims secured by liens or encumbrances on the property set apart as a probate homestead.
(c)CA Probate Code § 6527(c) Notice of the hearing on the petition shall be given to all the persons listed in subdivision (b) as provided in Section 1220.
probate homestead modify probate terminate probate homestead
Section § 6528
This law states that a homestead declaration, which protects the home from certain debts or claims, remains in place for a surviving spouse or minor child. It applies to the shared property of a deceased person's estate. The law clarifies that this is not a new rule but a confirmation of existing protections.
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.
homestead declaration surviving spouse minor child
