State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 6540-6545

PROBATE CODE
SECTION 6540-6545



6540.  (a) The following are entitled to such reasonable family
allowance out of the estate as is necessary for their maintenance
according to their circumstances during administration of the estate:
   (1) The surviving spouse of the decedent.
   (2) Minor children of the decedent.
   (3) Adult children of the decedent who are physically or mentally
incapacitated from earning a living and were actually dependent in
whole or in part upon the decedent for support.
   (b) The following may be given such reasonable family allowance
out of the estate as the court in its discretion determines is
necessary for their maintenance according to their circumstances
during administration of the estate:
   (1) Other adult children of the decedent who were actually
dependent in whole or in part upon the decedent for support.
   (2) A parent of the decedent who was actually dependent in whole
or in part upon the decedent for support.
   (c) If a person otherwise eligible for family allowance has a
reasonable maintenance from other sources and there are one or more
other persons entitled to a family allowance, the family allowance
shall be granted only to those who do not have a reasonable
maintenance from other sources.



6541.  (a) The court may grant or modify a family allowance on
petition of any interested person.
   (b) With respect to an order for the family allowance provided for
in subdivision (a) of Section 6540:
   (1) Before the inventory is filed, the order may be made or
modified either (A) ex parte or (B) after notice of the hearing on
the petition has been given as provided in Section 1220.
   (2) After the inventory is filed, the order may be made or
modified only after notice of the hearing on the petition has been
given as provided in Section 1220.
   (c) An order for the family allowance provided in subdivision (b)
of Section 6540 may be made only after notice of the hearing on the
petition has been given as provided in Section 1220 to all of the
following persons:
   (1) Each person listed in Section 1220.
   (2) Each known heir whose interest in the estate would be affected
by the petition.
   (3) Each known devisee whose interest in the estate would be
affected by the petition.



6542.  A family allowance commences on the date of the court's order
or such other time as may be provided in the court's order, whether
before or after the date of the order, as the court in its discretion
determines, but the allowance may not be made retroactive to a date
earlier than the date of the decedent's death.




6543.  (a) A family allowance shall terminate no later than the
entry of the order for final distribution of the estate or, if the
estate is insolvent, no later than one year after the granting of
letters.
   (b) Subject to subdivision (a), a family allowance shall continue
until modified or terminated by the court or until such time as the
court may provide in its order.



6544.  The costs of proceedings under this chapter shall be paid by
the estate as expenses of administration.



6545.  Notwithstanding Chapter 2 (commencing with Section 916) of
Title 13 of Part 2 of the Code of Civil Procedure, the perfecting of
an appeal from an order made under this chapter does not stay
proceedings under this chapter or the enforcement of the order
appealed from if the person in whose favor the order is made gives an
undertaking in double the amount of the payment or payments to be
made to that person. The undertaking shall be conditioned that if the
order appealed from is modified or reversed so that the payment or
any part thereof to the person proves to have been unwarranted, the
payment or part thereof shall, unless deducted from any preliminary
or final distribution ordered in favor of the person, be repaid and
refunded into the estate within 30 days after the court so orders
following the modification or reversal, together with interest and
costs.