Ca Probate Code Sections 6401 And 6402
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How to fill out California Uniform Statutory Power Of Attorney - Property - Finances - Section 4401?
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FAQ
In a nutshell, California California Probate Code section 6402 prescribes the following rules for what relative gets your stuff when you die. These rules go in order of priority. For instance, if the deceased's children get first dibs and they take everything, then the deceased's parents get nothing.
Within 30 days of the decedent's death, go to the county probate clerk's office and file for probate. This is done by submitting the completed petition for probate form, the Will, and the decedent's death certificate. You must also pay the filing fee, which is currently $435.00 in California.
(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.
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.
Section 21402 - Order of abatement of shares (a) Shares of beneficiaries abate in the following order: (1) Property not disposed of by the instrument. (2) Residuary gifts. (3) General gifts to persons other than the transferor's relatives. (4) General gifts to the transferor's relatives.