What You Need to Know About California Probate Code Section 13006
The California Probate Code is the set of laws that govern wills and property transfers after an individual’s death. Here’s what you need to know about California Probate Code Section 13006.
California Probate Code Section 13006 defines the term “successor of the decedent.”
Related: California Probate: What You Need to Know
What Does “Successor of the Decedent” Mean?
According to California Probate Code Section 13006, a “successor of the decedent” is either of the following, depending on if the decedent died with or without a will.
- If the decedent died with a will, a “successor of the decedent” is the sole beneficiary, or all of the beneficiaries listed on the will, of an item of the decedent’s property as listed in the will. Therefore, a trust is considered a beneficiary if the trust receives an item of the decedent’s property as listed in the will.
- If the decedent died without leaving a will, a “successor of the decedent” is the sole recipient, or all of the recipients, of an item of the decedent’s property under the California Probate Code Sections 6401 and 6402, which governs how property is distributed without a will, or if another state or country governs the item, under the law of that state or country.
How is Property Distributed If the Decedent Does Not Leave a Will?
If the decedent dies without leaving a will, property is distributed according to California Probate Code Sections 6401 and 6402.
Related: Intestate Succession in California: The Basics
Community property, or property that belongs to a legally married couple, and quasi-community property, or community property that was accumulated while outside of California, is divided in half when one spouse dies. The half belonging to the decedent spouse is then succeeded to the living spouse. Generally, the division is in half, but Section 100 of the California Probate Code states that the couple can create their own division of property if desired.
Related: Community Property Laws in California
Contrarily, separate property, or property that was acquired by the individual prior to the marriage, is distributed to the surviving spouse in the following ways:
- If the decedent leaves no surviving descendant, parent, sibling, or descendant of a deceased sibling, the decedent’s entire estate is succeeded to the decedent’s surviving spouse.
- If the decedent leaves one surviving child or descendant of one deceased child, or leaves no descendants but leaves a parent, the decedent’s surviving spouse receives half of the decedent’s estate.
- If the decedent leaves multiple children, one child and the descendants of one or more deceased children, or leaves the descendants of multiple deceased children, the decedent’s surviving spouse receives one-third of the decedent’s estate.
After a portion of the estate is distributed to the surviving spouse, separate property is further divided in the following ways:
- To the descendants of the decedent, the estate is distributed equally if each descendant is equally of the same degree of kinship to the decedent. This is adjusted accordingly depending on the kinship levels.
- If there are no descendants, the estate is distributed equally to the decedent’s parent(s).
- If there are no descendants or parents, the estate is distributed equally to the parents’ descendants if each descendant is equally of the same degree of kinship to the parents. This is adjusted accordingly depending on the kinship levels.
- If there are no descendants, parents, or other descendants of parents, the estate is distributed equally to the decedents’ grandparents, or equally among the grandparents’ descendants if each descendant is equally of the same degree of kinship to the grandparents. This is adjusted accordingly depending on the kinship levels.
If none of these are applicable, the California Probate Code Section 6402 outlines further levels of distribution, including to descendants of the decedent’s spouse and next of kin.
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