2007 California Probate Code Chapter 1. General Provisions

CA Codes (prob:13500-13506)

13500.  Except as provided in this chapter, when a husband or wife
dies intestate leaving property that passes to the surviving spouse
under Section 6401, or dies testate and by his or her will devises
all or a part of his or her property to the surviving spouse, the
property passes to the survivor subject to the provisions of Chapter
2 (commencing with Section 13540) and Chapter 3 (commencing with
Section 13550), and no administration is necessary.



13501.  Except as provided in Chapter 6 (commencing with Section
6600) of Division 6 and in Part 1 (commencing with Section 13000) of
this division, the following property of the decedent is subject to
administration under this code:
   (a) Property passing to someone other than the surviving spouse
under the decedent's will or by intestate succession.
   (b) Property disposed of in trust under the decedent's will.
   (c) Property in which the decedent's will limits the surviving
spouse to a qualified ownership.  For the purposes of this
subdivision, a devise to the surviving spouse that is conditioned on
the spouse surviving the decedent by a specified period of time is
not a "qualified ownership" interest if the specified period of time
has expired.


13502.  (a) Upon the election of the surviving spouse or the
personal representative, guardian of the estate, or conservator of
the estate of the surviving spouse, all or a portion of the following
property may be administered under this code:
   (1) The one-half of the community property that belongs to the
decedent under Section 100, the one-half of the quasi-community
property that belongs to the decedent under Section 101, and the
separate property of the decedent.
   (2) The one-half of the community property that belongs to the
surviving spouse under Section 100 and the one-half of the
quasi-community property that belongs to the surviving spouse under
Section 101.
   (b) The election shall be made by a writing specifically
evidencing the election filed in the proceedings for the
administration of the estate of the deceased spouse within four
months after the issuance of letters, or within any further time that
the court may allow upon a showing of good cause, and before entry
of an order under Section 13656.


13502.5.  (a) Upon a petition by the personal representative of a
decedent and a showing of good cause, the court may order that a
pecuniary devise to the surviving spouse, or a fractional interest
passing to the surviving spouse in any property in which the
remaining fraction is subject to the administration, may be
administered under this code, except to the extent that it has passed
by inheritance as determined by an order pursuant to Chapter 5
(commencing with Section 13650).
   (b) Notice of this petition shall be given as provided in Section
1220 to the person designated in that section and to the surviving
spouse.


13503.  (a) The surviving spouse or the personal representative,
guardian of the estate, or conservator of the estate of the surviving
spouse may file an election and agreement to have all or part of the
one-half of the community property that belongs to the surviving
spouse under Section 100 and the one-half of the quasi-community
property that belongs to the surviving spouse under Section 101
transferred by the surviving spouse or the surviving spouse's
personal representative, guardian, or conservator to the trustee
under the will of the deceased spouse or the trustee of an existing
trust identified by the will of the deceased spouse, to be
administered and distributed by the trustee.
   (b) The election and agreement shall be filed in the proceedings
for the administration of the estate of the deceased spouse and
before the entry of the order for final distribution in the
proceedings.



13504.  Notwithstanding the provisions of this part, community
property held in a revocable trust described in Section 761 of the
Family Code is governed by the provisions, if any, in the trust for
disposition in the event of death.


13505.  This part applies whether the deceased spouse died before,
on, or after July 1, 1987.



13506.  A reference in any statute of this state or in a written
instrument, including a will or trust, to a provision of former
Sections 202 to 206, inclusive, of the Probate Code (as repealed by
Chapter 527 of the Statutes of 1984) or former Sections 649.1 to
649.5, inclusive, or Sections 650 to 658, inclusive, of the Probate
Code (as repealed by Chapter 783 of the Statutes of 1986) shall be
deemed to be a reference to the comparable provision of this part.