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California Probate Code Section 37

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(a) "Domestic partner" means one of two persons who have filed
a Declaration of Domestic Partnership with the Secretary of State
pursuant to Division 2.5 (commencing with Section 297) of the Family
Code, provided that the domestic partnership has not been terminated
pursuant to Section 299 of the Family Code.
   (b) Notwithstanding Section 299 of the Family Code, if a domestic
partnership is terminated by the death of one of the parties and
Notice of Termination was not filed by either party prior to the date
of death of the decedent, the domestic partner who survives the
deceased is a surviving domestic partner, and shall be entitled to
the rights of a surviving domestic partner as provided in this code.


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Last modified: January 12, 2009