Family ProtectionSmall Estate Set-aside
Section § 6600
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.
Section § 6601
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.
Section § 6602
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.
Section § 6603
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.
Section § 6604
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.
Section § 6605
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.
Section § 6606
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.
Section § 6607
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.
Section § 6608
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.
Section § 6609
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.
Section § 6610
Once a court order from Section 6609 is finalized, it legally affects everyone, even those who aren't born yet or currently living.
Section § 6611
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.
Section § 6612
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.
Section § 6613
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.
Section § 6614
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.
Section § 6615
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.