State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 100-105

PROBATE CODE
SECTION 100-105



100.  (a) Upon the death of a married person, one-half of the
community property belongs to the surviving spouse and the other half
belongs to the decedent.
   (b) Notwithstanding subdivision (a), a husband and wife may agree
in writing to divide their community property on the basis of a non
pro rata division of the aggregate value of the community property or
on the basis of a division of each individual item or asset of
community property, or partly on each basis. Nothing in this
subdivision shall be construed to require this written agreement in
order to permit or recognize a non pro rata division of community
property.


101.  (a) Upon the death of a married person domiciled in this
state, one-half of the decedent's quasi-community property belongs to
the surviving spouse and the other half belongs to the decedent.
   (b) Notwithstanding subdivision (a), a husband and wife may agree
in writing to divide their quasi-community property on the basis of a
non pro rata division of the aggregate value of the quasi-community
property, or on the basis of a division of each individual item or
asset of quasi-community property, or partly on each basis. Nothing
in this subdivision shall be construed to require this written
agreement in order to permit or recognize a non pro rata division of
quasi-community property.


102.  (a) The decedent's surviving spouse may require the transferee
of property in which the surviving spouse had an expectancy under
Section 101 at the time of the transfer to restore to the decedent's
estate one-half of the property if the transferee retains the
property or, if not, one-half of its proceeds or, if none, one-half
of its value at the time of transfer, if all of the following
requirements are satisfied:
   (1) The decedent died domiciled in this state.
   (2) The decedent made a transfer of the property to a person other
than the surviving spouse without receiving in exchange a
consideration of substantial value and without the written consent or
joinder of the surviving spouse.
   (3) The transfer is any of the following types:
   (A) A transfer under which the decedent retained at the time of
death the possession or enjoyment of, or the right to income from,
the property.
   (B) A transfer to the extent that the decedent retained at the
time of death a power, either alone or in conjunction with any other
person, to revoke or to consume, invade, or dispose of the principal
for the decedent's own benefit.
   (C) A transfer whereby property is held at the time of the
decedent's death by the decedent and another with right of
survivorship.
   (b) Nothing in this section requires a transferee to restore to
the decedent's estate any life insurance, accident insurance, joint
annuity, or pension payable to a person other than the surviving
spouse.
   (c) All property restored to the decedent's estate under this
section belongs to the surviving spouse pursuant to Section 101 as
though the transfer had not been made.



103.  Except as provided by Section 224, if a husband and wife die
leaving community or quasi-community property and it cannot be
established by clear and convincing evidence that one spouse survived
the other:
   (a) One-half of the community property and one-half of the
quasi-community property shall be administered or distributed, or
otherwise dealt with, as if one spouse had survived and as if that
half belonged to that spouse.
   (b) The other half of the community property and the other half of
the quasi-community property shall be administered or distributed,
or otherwise dealt with, as if the other spouse had survived and as
if that half belonged to that spouse.



104.  Notwithstanding Section 100, community property held in a
revocable trust described in Section 761 of the Family Code is
governed by the provisions, if any, in the trust for disposition in
the event of death.


104.5.  Transfer of community and quasi-community property to a
revocable trust shall be presumed to be an agreement, pursuant to
Sections 100 and 101, that those assets retain their character in the
aggregate for purposes of any division provided by the trust. This
section shall apply to all transfers prior to, on, or after January
1, 2000.



105.  This part does not apply where the decedent died before
January 1, 1985, and the law applicable prior to January 1, 1985,
continues to apply where the decedent died before January 1, 1985.