State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 13650-13660

PROBATE CODE
SECTION 13650-13660



13650.  (a) A surviving spouse or the personal representative,
guardian of the estate, or conservator of the estate of the surviving
spouse may file a petition in the superior court of the county in
which the estate of the deceased spouse may be administered
requesting an order that administration of all or part of the estate
is not necessary for the reason that all or part of the estate is
property passing to the surviving spouse. The petition may also
request an order confirming the ownership of the surviving spouse of
property belonging to the surviving spouse under Section 100 or 101.
   (b) To the extent of the election, this section does not apply to
property that the petitioner has elected, as provided in Section
13502, to have administered under this code.
   (c) A guardian or conservator may file a petition under this
section without authorization or approval of the court in which the
guardianship or conservatorship proceeding is pending.




13651.  (a) A petition filed pursuant to Section 13650 shall allege
that administration of all or a part of the estate of the deceased
spouse is not necessary for the reason that all or a part of the
estate is property passing to the surviving spouse, and shall set
forth all of the following information:
   (1) If proceedings for the administration of the estate are not
pending, the facts necessary to determine the county in which the
estate of the deceased spouse may be administered.
   (2) A description of the property of the deceased spouse which the
petitioner alleges is property passing to the surviving spouse,
including the trade or business name of any property passing to the
surviving spouse that consists of an unincorporated business or an
interest in an unincorporated business which the deceased spouse was
operating or managing at the time of death, subject to any written
agreement between the deceased spouse and the surviving spouse
providing for a non pro rata division of the aggregate value of the
community property assets or quasi-community assets, or both.
   (3) The facts upon which the petitioner bases the allegation that
all or a part of the estate of the deceased spouse is property
passing to the surviving spouse.
   (4) A description of any interest in the community property or
quasi-community property, or both, which the petitioner requests the
court to confirm to the surviving spouse as belonging to the
surviving spouse pursuant to Section 100 or 101, subject to any
written agreement between the deceased spouse and the surviving
spouse providing for a non pro rata division of the aggregate value
of the community property assets or quasi-community assets, or both.
   (5) The name, age, address, and relation to the deceased spouse of
each heir and devisee of the deceased spouse, the names and
addresses of all persons named as executors of the will of the
deceased spouse, and the names and addresses of all persons appointed
as personal representatives of the deceased spouse, which are known
to the petitioner.
   Disclosure of any written agreement between the deceased spouse
and the surviving spouse providing for a non pro rata division of the
aggregate value of the community property assets or quasi-community
property assets, or both, or the affirmative statement that this
agreement does not exist. If a dispute arises as to the division of
the community property assets or quasi-community property assets, or
both, pursuant to this agreement, the court shall determine the
division subject to terms and conditions or other remedies that
appear equitable under the circumstances of the case, taking into
account the rights of all interested persons.
   (b) If the petitioner bases the allegation that all or part of the
estate of the deceased spouse is property passing to the surviving
spouse upon the will of the deceased spouse, a copy of the will shall
be attached to the petition.
   (c) If the petitioner bases the description of the property of the
deceased spouse passing to the surviving spouse or the property to
be confirmed to the surviving spouse, or both, upon a written
agreement between the deceased spouse and the surviving spouse
providing for a non pro rata division of the aggregate value of the
community property assets or quasi-community assets, or both, a copy
of the agreement shall be attached to the petition.



13652.  If proceedings for the administration of the estate of the
deceased spouse are pending, a petition under this chapter shall be
filed in those proceedings without the payment of an additional fee.



13653.  If proceedings for the administration of the estate of the
deceased spouse are not pending, a petition under this chapter may,
but need not, be filed with a petition for probate of the will of the
deceased spouse or for administration of the estate of the deceased
spouse.


13654.  The filing of a petition under this chapter does not
preclude the court from admitting the will of the deceased spouse to
probate or appointing a personal representative of the estate of the
deceased spouse upon the petition of any person legally entitled,
including any petition for probate of the will or for administration
of the estate which is filed with a petition filed under this
chapter.



13655.  (a) If proceedings for the administration of the estate of
the deceased spouse are pending at the time a petition is filed under
this chapter, or if the proceedings are not pending and if the
petition filed under this chapter is not filed with a petition for
probate of the deceased spouse's will or for administration of the
estate of the deceased spouse, notice of the hearing on the petition
filed under this chapter shall be given as provided in Section 1220
to all of the following persons:
   (1) Each person listed in Section 1220 and each person named as
executor in any will of the deceased spouse.
   (2) All devisees and known heirs of the deceased spouse and, if
the petitioner is the trustee of a trust that is a devisee under the
will of the decedent, all persons interested in the trust, as
determined in cases of future interests pursuant to paragraph (1),
(2), or (3) of subdivision (a) of Section 15804.
   (b) The notice specified in subdivision (a) shall also be mailed
as provided in subdivision (a) to the Attorney General, addressed to
the office of the Attorney General at Sacramento, if the petitioner
bases the allegation that all or part of the estate of the deceased
spouse is property passing to the surviving spouse upon the will of
the deceased spouse and the will involves or may involve either of
the following:
   (1) A testamentary trust of property for charitable purposes other
than a charitable trust with a designated trustee, resident in this
state.
   (2) A devise for a charitable purpose without an identified
devisee or beneficiary.


13656.  (a) If the court finds that all of the estate of the
deceased spouse is property passing to the surviving spouse, the
court shall issue an order describing the property, determining that
the property is property passing to the surviving spouse, and
determining that no administration is necessary. The court may issue
any further orders which may be necessary to cause delivery of the
property or its proceeds to the surviving spouse.
   (b) If the court finds that all or part of the estate of the
deceased spouse is not property passing to the surviving spouse, the
court shall issue an order (1) describing any property which is not
property passing to the surviving spouse, determining that that
property does not pass to the surviving spouse and determining that
that property is subject to administration under this code and (2)
describing the property, if any, which is property passing to the
surviving spouse, determining that that property passes to the
surviving spouse, and determining that no administration of that
property is necessary. If the court determines that property passes
to the surviving spouse, the court may issue any further orders which
may be necessary to cause delivery of that property or its proceeds
to the surviving spouse.
   (c) If the petition filed under this chapter includes a
description of the interest of the surviving spouse in the community
or quasi-community property, or both, which belongs to the surviving
spouse pursuant to Section 100 or 101 and the court finds that the
interest belongs to the surviving spouse, the court shall issue an
order describing the property and confirming the ownership of the
surviving spouse and may issue any further orders which may be
necessary to cause ownership of the property to be confirmed in the
surviving spouse.


13657.  Upon becoming final, an order under Section 13656 (1)
determining that property is property passing to the surviving spouse
or (2) confirming the ownership of the surviving spouse of property
belonging to the surviving spouse under Section 100 or 101 shall be
conclusive on all persons, whether or not they are in being.




13658.  If the court determines that all or a part of the property
passing to the surviving spouse consists of an unincorporated
business or an interest in an unincorporated business which the
deceased spouse was operating or managing at the time of death, the
court shall require the surviving spouse to file a list of all of the
known creditors of the business and the amounts owing to each of
them. The court may issue any order necessary to protect the
interests of the creditors of the business, including, but not
limited to, the filing of (1) an undertaking and (2) an inventory and
appraisal in the form provided in Section 8802 and made as provided
in Part 3 (commencing with Section 8800) of Division 7.



13659.  Except as provided in Section 13658, no inventory and
appraisal of the estate of the deceased spouse is required in a
proceeding under this chapter. However, within three months after the
filing of a petition under this chapter, or within such further time
as the court or judge for reasonable cause may allow, the petitioner
may file with the clerk of the court an inventory and appraisal made
as provided in Part 3 (commencing with Section 8800) of Division 7.
The petitioner may appraise the assets which a personal
representative could appraise under Section 8901.



13660.  The attorney's fees for services performed in connection
with the filing of a petition and 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.