Ca Probate Code Sections 6401 And 6402

State:
California
Control #:
CA-P040
Format:
Word; 
Rich Text
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Description

The document is a Uniform Statutory Form Power of Attorney governed by California Probate Code Sections 6401 and 6402, which outline the powers granted under this form. Key features include the broad array of powers that can be assigned to an agent, covering areas such as real property transactions, banking, personal maintenance, and tax matters. Users must initial specific powers they wish to grant, or can choose to grant all outlined powers. Special instructions can also be added to tailor the authority of the agent. Notably, this form remains effective even if the principal becomes incapacitated unless explicitly revoked. It is vital for anyone using this document to understand that it does not confer medical decision-making authority. This power of attorney serves as a critical tool for attorneys, partners, owners, associates, paralegals, and legal assistants in facilitating client affairs and ensuring proper representation when individuals cannot act on their own behalf.
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  • Preview Uniform Statutory Power of Attorney - Property - Finances - Section 4401
  • Preview Uniform Statutory Power of Attorney - Property - Finances - Section 4401
  • Preview Uniform Statutory Power of Attorney - Property - Finances - Section 4401
  • Preview Uniform Statutory Power of Attorney - Property - Finances - Section 4401

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.

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Ca Probate Code Sections 6401 And 6402