Section § 6600

Explanation

This law defines what is included in a 'decedent's estate' for legal purposes. The estate includes all personal property, no matter where it is, and all real property in California.

However, there are exceptions: property held in joint tenancy, or where the deceased person had a life interest that ends upon death, is not included in the estate's value. Additionally, any funds in a multiple-party account, where the deceased was a party, are not counted if they legally belong to someone else, like a co-owner or beneficiary, after the person’s death.

(a)CA Probate Code § 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)CA Probate Code § 6600(b) For the purposes of this chapter:
(1)CA Probate Code § 6600(b)(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)CA Probate Code § 6600(b)(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.

Section § 6601

Explanation

This section defines a "minor child" as a child who was under 18 years old when the parent, known as the decedent, passed away and who outlived the decedent.

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.

Section § 6602

Explanation

If a deceased person's estate is worth $85,900 or less after debts and other claims, their surviving spouse and minor children can request that it be transferred directly to them. This amount is adjusted from time to time based on certain rules.

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.

Section § 6603

Explanation

If you want to file a petition regarding someone's estate after they have passed away, you need to do so in the superior court located in a county where that person's estate can be managed or dealt with.

The petition shall be filed in the superior court of a county in which the estate of the decedent may be administered.

Section § 6604

Explanation

This section describes what information a petition must include when you want to set aside the estate of someone who has passed away. The petition is a formal request to handle the deceased person's estate according to specific rules laid out in this chapter. It should state which county the deceased's estate can be managed in and provide details about all known heirs and beneficiaries, including their name, age, address, and relationship to the deceased.

The petition must also list and estimate the value of the deceased's property and any debts or liens. It should describe any real estate outside California that has been inherited by the spouse and children. Additionally, the petition should detail any unpaid expenses related to the person's last illness, funeral, and administrative costs, and explain how the estate should be divided up or used.

(a)CA Probate Code § 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)CA Probate Code § 6604(b) The petition shall include the following:
(1)CA Probate Code § 6604(b)(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)CA Probate Code § 6604(b)(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)CA Probate Code § 6604(b)(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)CA Probate Code § 6604(b)(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)CA Probate Code § 6604(b)(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)CA Probate Code § 6604(b)(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)CA Probate Code § 6604(b)(7) A statement of any unpaid liabilities for expenses of the last illness, funeral charges, and expenses of administration.
(8)CA Probate Code § 6604(b)(8) The requested disposition of the estate of the decedent under this chapter and the considerations that justify the requested disposition.

Section § 6605

Explanation

This law explains how petitions related to a decedent's estate can be filed. If the estate is already being managed in court, you can file this petition without extra fees. If the estate management hasn’t started, you can file this petition alongside other necessary ones for managing the estate, or file it on its own. You have until the estate is finally distributed to file the petition.

(a)CA Probate Code § 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)CA Probate Code § 6605(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)CA Probate Code § 6605(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.

Section § 6606

Explanation

This law explains who can file a petition related to a deceased person's affairs. It includes the deceased's named executor, surviving spouse, minor child's guardian, minor child, or a personal representative appointed for the estate. Importantly, a minor child's guardian can file the petition without needing court approval from the child's guardianship case.

(a)CA Probate Code § 6606(a) A petition may be filed under this chapter by any of the following:
(1)CA Probate Code § 6606(a)(1) The person named in the will of the decedent as executor.
(2)CA Probate Code § 6606(a)(2) The surviving spouse of the decedent.
(3)CA Probate Code § 6606(a)(3) The guardian of a minor child of the decedent.
(4)CA Probate Code § 6606(a)(4) A child of the decedent who was a minor at the time the decedent died.
(5)CA Probate Code § 6606(a)(5) The personal representative if a personal representative has been appointed for the decedent’s estate.
(b)CA Probate Code § 6606(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.

Section § 6607

Explanation

This section explains the notice requirements for hearings when someone files a petition related to a deceased person's estate in California. If there aren't already estate proceedings, or if the petition isn't combined with a probate petition, the petitioner must notify executors, heirs, and certain family members with a copy of the petition. If the petition is filed together with a probate petition, notice will follow specific guidelines. When estate proceedings are already in progress, the timing of hearings and notices depend on how soon the hearings can be scheduled. The goal is to ensure all interested parties are properly informed and have an opportunity to be heard.

(a)CA Probate Code § 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)CA Probate Code § 6607(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)CA Probate Code § 6607(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.

Section § 6608

Explanation

If someone files a petition related to this law, they must submit a detailed list and valuation of the deceased's assets to the court before the hearing. This is done either by the personal representative of the estate or by the person who filed the petition if no representative has been assigned. They can value the assets themselves if allowed by a certain rule.

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.

Section § 6609

Explanation

This law states that if a deceased person's estate after debts and family residence provisions is less than $85,900, the court can assign the entire estate to the surviving spouse and minor children. However, the court must evaluate if this action is fair, considering the debts, needs of surviving family members, and the deceased’s wishes. If the surviving spouse has remarried, it's assumed they don't need the estate, but they can prove otherwise. Any remaining funeral or medical expenses will be paid first. Once the estate is given to the spouse or children, they own it outright, subject to any remaining debts linked to the estate, unless new property is found.

(a)CA Probate Code § 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)CA Probate Code § 6609(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)CA Probate Code § 6609(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)CA Probate Code § 6609(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)CA Probate Code § 6609(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.

Section § 6610

Explanation

Once a court order from Section 6609 is finalized, it legally affects everyone, even those who aren't born yet or currently living.

Upon becoming final, an order under Section 6609 shall be conclusive on all persons, whether or not they are then in being.

Section § 6611

Explanation

If you inherit property from someone who has passed away, you're responsible for their unpaid debts, but only up to the value of the property you received. You can deduct any mortgages or claims against that property, as well as any amounts set aside for the family to live on. If someone sues you over the deceased's debts, you can use any legal defenses the deceased could have used if they were alive.

There are certain rules about when you can be sued for these debts. If the deceased's estate is being officially handled in court, then creditors must follow deadlines for filing claims. Creditors need to sue you before those deadlines or get your written acknowledgment of the debt to continue their claim.

(a)CA Probate Code § 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)CA Probate Code § 6611(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)CA Probate Code § 6611(b)(1) The amount of any liens and encumbrances on that property.
(2)CA Probate Code § 6611(b)(2) The value of any probate homestead interest set apart under Section 6520 out of that property.
(3)CA Probate Code § 6611(b)(3) The value of any other property set aside under Section 6510 out of that property.
(c)CA Probate Code § 6611(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)CA Probate Code § 6611(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)CA Probate Code § 6611(d)(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)CA Probate Code § 6611(d)(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)CA Probate Code § 6611(d)(3) Creditors who file a timely claim in the proceedings for the administration of the estate of the decedent.
(e)CA Probate Code § 6611(e) Section 366.2 of the Code of Civil Procedure applies in an action under this section.

Section § 6612

Explanation

This law explains that if someone files a petition related to a will or estate under this chapter, along with a petition for officially handling the will or managing the deceased's estate, and the court decides not to make a decision under Section 6609, everything proceeds as if there was never a petition under this chapter. This means the estate is managed just like usual, ignoring the special petition.

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.

Section § 6613

Explanation

This law states that the attorney's fees for filing a petition and getting a court order are agreed upon privately between the lawyer and the client. The court doesn't have to approve these fees. However, if there's no prior agreement and a dispute arises about whether the fees are reasonable, one can ask the court to decide. Even if there is an agreement, but there's a disagreement about what the agreement means, one can similarly request the court's assistance to resolve it.

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.

Section § 6614

Explanation

This section states that if a person died before July 1, 1987, the laws stated in Sections 6600 to 6613 do not apply. Instead, the rules that were in place before that date would be used for such cases.

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.

Section § 6615

Explanation

If any California statute or legal document, like a will or a trust, mentions the old laws numbered 640 to 647.5, those should be understood as referring to the current, similar laws in this chapter instead.

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.