6402 Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse, under Section 6401, or the entire intestate estate if there is no surviving spouse, … Section 6402 defines siblings as the children of both of the decedent's parents, or either of them. 11.185 Transfer Without Probate (CVC §5910 and California Probate Code §§6401, 6402, 13050 and 13100) An Affadavit for Transfer Without Probate California Titled Vehicle or Vessels Only (REG 5) … § 6402.5 (a) For purposes of distributing real … Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse or surviving domestic partner, as defined in subdivision (b) of Section 37, under Section 6401, or the … Probate Code Section 6402. If you want more help, please let us know when X's father died, when X's stepmother died, who survived X's stepmother, what X's stepmother inherited from X's … Section 240 INTESTATE SUCCESSION GENERALLY (6400-6414) (5548) (1-click HTML) 6400. CA Prob Code § 6402 (through 2012 Leg Sess) What's This? North Carolina Probate Code - PROB Section 6450. California Probate Code 6402.5 states that (a) For purposes of distributing real property under this section if the decedent had a predeceased spouse who died not more than 15 years before the … Art. “(c) If there is no surviving issue or parent, to the issue of the parents or either of them, 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.” CA Probate Code 6402 … Any part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in this part. Oregon property of the decedent under Sections 6401 and 6402 or, if the law of a sister state or foreign nation governs ... "The affiant or declarant is authorized under Section 13051 of the California . Probate Code. ; Devise: when used as a noun, means a disposition of real or personal property by will, and, when used as a verb, means to dispose of real or personal property by will.See California Government Code 21263; Escheat: Reversion of real or personal property to the … Intestate Succession Generally Section 6402. § 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. 6. Section 6402.5 of the California Probate Code states that in cases where one has no surviving spouse or surviving issue, the surviving issue of the predeceased spouse may be entitled to the portion of the estate attributable to him or her. Pennsylvania I ... and under section 6402.5 that is the distribution for real estate in California. Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse, under Section 6401, or the entire intestate estate if there is no surviving spouse, passes as follows: (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. Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse or surviving domestic partner, as defined in subdivision (b) of Section 37, under Section 6401, or the entire intestate … . (a) For purposes of distributing real property under this section if the decedent had a predeceased spouse who died not more than 15 years before the decedent and there is no surviving spouse or issue … Florida Probate Code - PROB Section 6451. Probate code 6402.5 states that if decedent has predeceased spouse who died 15 years before decedent, and decedent leaves no spouse or issue, the portion of the decedent's estate attributable to the decedent's predeceased spouse passes as follows: 1. if the decedent is survived by issue of predeceased spouse; to the surviving issue of the predeceased spouse, if they are of all the same degree of kinship … It stipulates that a decedent's descendants (her children and their children) come first in line. Code § 6402, see flags on bad law, and search Casetext’s comprehensive legal database California Probate Code Sec. III - Judicial § 6400 Any part of the estate of a decedent not effectively disposed of by will passes to the decedents heirs as prescribed in this part. If there are no cousins, Probate Code section 6402 provides that the estate will be distributed to "next of kin in equal degree," generally meaning more distant cousins. (AB 2747) Effective January 1, 2015. Art. Probate Code Section 6402 governs “intestate succession,” as the term is referred to in Code of Civil Procedure Section 377.60. (c) If there is no surviving issue or parent, to the issue of the parents or either of them, 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 Is a house the … § 13006 “Successor of the decedent” means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent’s will. California Probate Code Section 6402.5 CA Prob Code § 6402.5 (2017) is not part of the estate of the decedent, so Probate Code section 6402 doesn’t apply. INTESTATE SUCCESSION (5547) (1-click HTML) CHAPTER 1. (e) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, but the decedent is survived by the issue of a predeceased spouse, to that issue, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in WILLS AND INTESTATE SUCCESSION PART 2. Google Chrome, Probate Code - PROB Section 6452. 529, Sec. You are here: California / Probate Code - PROB / CHAPTER 2. Community property: means :. I declare under … Begin typing to search, use arrow keys to navigate, use enter to select. 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