This form is a Uniform Statutory Form of Power of Attorney for California for property, finances and other powers you specify. It also provides that it can be durable.
Ca probate code sections 6401 and 6402 are legislative provisions under California law that govern intestate succession and determine the distribution of property in the absence of a valid will. These sections outline the guidelines for the distribution of an individual's estate among their heirs and beneficiaries based on their relationship to the deceased. Ca probate code section 6401 pertains to the distribution of property when a decedent passes away without leaving a will. It lays out the hierarchy of intestate succession, meaning the order in which individuals are entitled to inherit the estate. The section begins by emphasizing that the surviving spouse is given priority as the primary heir. If there is no surviving spouse, the code explains how the estate is divided among the decedent's children, grandchildren, parents, siblings, and other relatives, in a predetermined order. The section covers various scenarios, considering the number and type of surviving family members and their respective entitlements to the estate. Ca probate code section 6402 discusses the distribution of property when the decedent does not have a surviving spouse, or if the spouse has already ceased to exist. In such cases, this section specifies how the estate is divided among the decedent's relatives. It outlines the order of priority for distribution, including children, grandchildren, parents, siblings, and others, similar to section 6401. This section provides explicit instructions on how the estate should be divided if the decedent does not have a surviving spouse and the specific shares each heir should receive. Other types of Ca probate code sections 6401 and 6402 include those outlining specific guidelines for blended families, adopted children, posthumous children, and situations where the decedent's relatives are not traceable or cannot be located. These variations provide additional clarity and instructions for the distribution of the estate in unique circumstances, ensuring fairness and preventing potential disputes among beneficiaries. Overall, Ca probate code sections 6401 and 6402 are vital components of California's probate laws, providing a framework for the equitable distribution of an estate when a decedent does not leave a valid will. These sections establish a clear hierarchy among family members, ensuring their fair entitlement to the deceased's assets and property while addressing various scenarios and specific circumstances.
