California Probate Code CHAPTER 6 - Small Estate Set-Aside

  • Section 6600.
    (a) Subject to subdivision (b), for the purposes of this chapter, “decedent’s estate” means all the decedent’s personal property, wherever located, and all the decedent’s real...
  • Section 6601.
    As used in this chapter, “minor child” means a child of the decedent who was under the age of 18 at the time of the...
  • Section 6602.
    A petition may be filed under this chapter requesting an order setting aside the decedent’s estate to the decedent’s surviving spouse and minor children, or...
  • Section 6603.
    The petition shall be filed in the superior court of a county in which the estate of the decedent may be administered.(Enacted by Stats. 1990,...
  • Section 6604.
    (a) The petition shall allege that this chapter applies and request that an order be made setting aside the estate of the decedent as provided in...
  • Section 6605.
    (a) If proceedings for the administration of the estate of the decedent are pending, a petition under this chapter shall be filed in those proceedings without...
  • Section 6606.
    (a) A petition may be filed under this chapter by any of the following: (1) The person named in the will of the decedent as executor.(2) The surviving...
  • Section 6607.
    (a) Where proceedings for the administration of the estate of the decedent are not pending when the petition is filed under this chapter and the petition...
  • Section 6608.
    If a petition is filed under this chapter, the personal representative, or the petitioner if no personal representative has been appointed, shall file with the...
  • Section 6609.
    (a) If the court determines that the net value of the decedent’s estate, over and above all liens and encumbrances at the date of death of...
  • Section 6610.
    Upon becoming final, an order under Section 6609 shall be conclusive on all persons, whether or not they are then in being.(Enacted by Stats. 1990,...
  • Section 6611.
    (a) Subject to the limitations and conditions specified in this section, the person or persons in whom title vested pursuant to Section 6609 are personally liable...
  • Section 6612.
    If a petition filed under this chapter is filed with a petition for the probate of the decedent’s will or for administration of the estate...
  • Section 6613.
    The attorney’s fees for services performed in connection with the filing of a petition and the obtaining of a court order under this chapter shall...
  • Section 6614.
    Sections 6600 to 6613, inclusive, do not apply if the decedent died before July 1, 1987. If the decedent died before July 1, 1987, the...
  • Section 6615.
    A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 640...

Last modified: October 22, 2018