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INTESTATE SUCCESSION GENERALLY
6400.
Any
part of the estate of a decedent not effectively disposed of by will passes
to the decedent's heirs as prescribed in this part.
6401.
(a) As to community property, the intestate share of the surviving spouse is
the one-half of the community property that belongs to the decedent under
Section 100.
(b) As to quasi-community property, the intestate share of the surviving
spouse is the one-half of the quasi-community property that belongs to the
decedent under Section 101.
(c) As to separate property, the intestate share of the surviving
spouse or surviving domestic partner, as defined in subdivision (b)of
Section 37, is as follows:
(1) The entire intestate estate if the decedent did not leave any surviving
issue, parent, brother, sister, or issue of a deceased brother or sister.
(2) One-half of the intestate estate in the following cases:
(A) Where the decedent leaves only one child or the issue of one deceased
child.
(B) Where the decedent leaves no issue but leaves a parent or parents or
their issue or the issue of either of them.
(3) One-third of the intestate estate in the following cases:
(A) Where the decedent leaves more than one child.
(B) Where the decedent leaves one child and the issue of one or more
deceased children.
(C) Where the decedent leaves issue of two or more deceased children.
6402.
Except as provided in Section 6402.5, the part of the intestate estate not
passing to the surviving spouse or surviving domestic partner, as defined in
subdivision (b) of Section 37, under Section 6401, or the entire intestate
estate if there is no surviving spouse or domestic partner, 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.
6402.5.
(a) For purposes of distributing real property under this section if the
decedent had a predeceased spouse who died not more than 15 years before the
decedent and there is no surviving spouse or issue of the decedent, the
portion of the decedent's estate attributable to the decedent's predeceased
spouse passes as follows:
(1) If the decedent is survived by issue of the predeceased spouse, to the
surviving issue of the predeceased spouse; if they are all of the same
degree of kinship to the predeceased spouse they take equally, but if of
unequal degree those of more remote degree take in the manner provided in
Section 240.
(2) If there is no surviving issue of the predeceased spouse but the
decedent is survived by a parent or parents of the predeceased spouse, to
the predeceased spouse's surviving parent or parents equally.
(3) If there is no surviving issue or parent of the predeceased spouse but
the decedent is survived by issue of a parent of the predeceased spouse, to
the surviving issue of the parents of the predeceased spouse or either of
them, 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.
(4) If the decedent is not survived by issue, parent, or issue of a parent
of the predeceased spouse, to the next of kin of the decedent in the manner
provided in Section 6402.
(5) If the portion of the decedent's estate attributable to the decedent's
predeceased spouse would otherwise escheat to the state because there is no
kin of the decedent to take under Section 6402, the portion of the
decedent's estate attributable to the predeceased spouse passes to the next
of kin of the predeceased spouse who shall take in the same manner as the
next of kin of the decedent take under Section 6402.
(b) For purposes of distributing personal property under this section if the
decedent had a predeceased spouse who died not more than five years before
the decedent, and there is no surviving spouse or issue of the decedent, the
portion of the decedent's estate attributable to the decedent's predeceased
spouse passes as follows:
(1) If the decedent is survived by issue of the predeceased spouse, to the
surviving issue of the predeceased spouse; if they are all of the same
degree of kinship to the predeceased spouse they take equally, but if of
unequal degree those of more remote degree take in the manner provided in
Section 240.
(2) If there is no surviving issue of the predeceased spouse but the
decedent is survived by a parent or parents of the predeceased spouse, to
the predeceased spouse's surviving parent or parents equally.
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(3)
If there is no surviving issue or parent of the predeceased spouse but the
decedent is survived by issue of a parent of the predeceased spouse, to the
surviving issue of the parents of the predeceased spouse or either of them,
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.
(4) If the decedent is not survived by issue, parent, or issue of a parent
of the predeceased spouse, to the next of kin of the decedent in the manner
provided in Section 6402.
(5)
If the portion of the decedent's estate attributable to the decedent's
predeceased spouse would otherwise escheat to the state because there is no
kin of the decedent to take under Section 6402, the portion of the
decedent's estate attributable to the predeceased spouse passes to the next
of kin of the predeceased spouse who shall take in the same manner as the
next of kin of the decedent take under Section 6402.
(c) For purposes of disposing of personal property under subdivision (b),
the claimant heir bears the burden of proof to show the exact personal
property to be disposed of to the heir.
(d) For purposes of providing notice under any provision of this code with
respect to an estate that may include personal property subject to
distribution under subdivision (b), if the aggregate fair market value of
tangible and intangible personal property with a written record of title or
ownership in the estate is believed in good faith by the petitioning party
to be less than ten thousand dollars ($10,000), the petitioning party need
not give notice to the issue or next of kin of the predeceased spouse. If
the personal property is subsequently determined to have an aggregate fair
market value in excess of ten thousand dollars ($10,000), notice shall be
given to the issue or next of kin of the predeceased spouse as provided by
law.
(e) For the purposes of disposing of property pursuant to subdivision (b),
"personal property" means that personal property in which there is a written
record of title or ownership and the value of which in the aggregate is ten
thousand dollars ($10,000) or more.
(f) For the purposes of this section, the "portion of the decedent's estate
attributable to the decedent's predeceased spouse" means all of the
following property in the decedent's estate:
(1) One-half of the community property in existence at the time of the death
of the predeceased spouse.
(2) One-half of any community property, in existence at the time of death of
the predeceased spouse, which was given to the decedent by the predeceased
spouse by way of gift, descent, or devise.
(3)
That portion of any community property in which the predeceased spouse had
any incident of ownership and which vested in the decedent upon the death of
the predeceased spouse by right of survivorship.
(4) Any separate property of the predeceased spouse which came to the
decedent by gift, descent, or devise of the predeceased spouse or which
vested in the decedent upon the death of the predeceased spouse by right of
survivorship.
(g) For the purposes of this section, quasi-community property shall be
treated the same as community property.
(h) For the purposes of this section:
(1) Relatives of the predeceased spouse conceived before the decedent's
death but born thereafter inherit as if they had been born in the lifetime
of the decedent.
(2) A person who is related to the predeceased spouse 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.
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.
ESCHEAT OF DECEDENT'S PROPERTY
6800.
(a)
If a decedent, whether or not the decedent was domiciled in this state,
leaves no one to take the decedent's estate or any portion thereof by
testate succession, and no one other than a government or governmental
subdivision or agency to take the estate or a portion thereof by intestate
succession, under the laws of this state or of any other jurisdiction, the
same escheats at the time of the decedent's death in accordance with this
part.
(b) Property that escheats to the state under this part, whether held by the
state or its officers, is subject to the same charges and trusts to which it
would have been subject if it had passed by succession and is also subject
to the provisions of Title 10 (commencing with Section 1300) of Part 3 of
the Code of Civil Procedure relating to escheated estates.
6801.
Real
property in this state escheats to this state in accordance with Section
6800.
6802.
All
tangible personal property owned by the decedent, wherever located at the
decedent's death, that was customarily kept in this state prior to the
decedent's death, escheats to this state in accordance with Section 6800.
6803.
(a)
Subject to subdivision (b), all tangible personal property owned by the
decedent that is subject to the control of a superior court of this state
for purposes of administration under this code escheats to this state in
accordance with Section 6800.
(b) The property described in subdivision (a) does not escheat to this state
but goes to another jurisdiction if the other jurisdiction claims the
property and establishes all of the following:
(1) The other jurisdiction is entitled to the property under its law.
(2) The decedent customarily kept the property in that jurisdiction prior to
the decedent's death.
(3) This state has the right to escheat and take tangible personal property
being administered as part of a decedent's estate in that jurisdiction if
the decedent customarily kept the property in this state prior to the
decedent's death.
6804.
All
intangible property owned by the decedent escheats to this state in
accordance with Section 6800 if the decedent was domiciled in this state at
the time of the decedent's death.
6805.
(a)
Subject to subdivision (b), all intangible property owned by the decedent
that is subject to the control of a superior court of this state for
purposes of administration under this code escheats to this state in
accordance with Section 6800 whether or not the decedent was domiciled in
this state at the time of the decedent's death.
(b) The property described in subdivision (a) does not escheat to this state
but goes to another jurisdiction if the other jurisdiction claims the
property and establishes all of the following:
(1) The other jurisdiction is entitled to the property under its laws.
(2) The decedent was domiciled in that jurisdiction at the time of the
decedent's death.
(3) This state has the right to escheat and take intangible property being
administered as part of a decedent's estate in that jurisdiction if the
decedent was domiciled in this state at the time of the decedent's death.
6806.
Notwithstanding any other provision of law, a benefit consisting of money or
other property distributable from a trust established under a plan providing
health and welfare, pension, vacation, severance, retirement benefit, death
benefit, unemployment insurance or similar benefits does not pass to or
escheat to the state under this part but goes to the trust or fund from
which it is distributable, subject to the provisions of Section 1521 of the
Code of Civil Procedure. However, if such plan has terminated and the trust
or fund has been distributed to the beneficiaries thereof prior to
distribution of such benefit from the estate, such benefit passes to the
state and escheats to the state under this part.
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