(a) If the court determines that the net value of the decedentâs estate, over and above all liens and encumbrances at the date of death of the decedent and over and above the value of any probate homestead interest set apart out of the decedentâs estate under Section 6520, does not exceed eighty-five thousand nine hundred dollars ($85,900), as adjusted periodically in accordance with Section 890, as of the date of the decedentâs death, the court shall make an order under this section unless the court determines that making an order under this section would be inequitable under the circumstances of the particular case. (b) In determining whether to make an order under this section, the court shall consider the needs of the surviving spouse and minor children, the liens and encumbrances on the property of the decedentâs estate, the claims of creditors, the needs of the heirs or devisees of the decedent, the intent of the decedent with respect to the property in the estate and the estate plan of the decedent as expressed in inter vivos and testamentary transfers or by other means, and any other relevant considerations. If the surviving spouse has remarried at the time the petition is heard, it shall be presumed that the needs of the surviving spouse do not justify the setting aside of the small estate, or any portion thereof, to the surviving spouse. This presumption is a presumption affecting the burden of proof. (c) Subject to subdivision (d), if the court makes an order under this section, the court shall assign the whole of the decedentâs estate, subject to all liens and encumbrances on property in the estate at the date of the decedentâs death, to the surviving spouse and the minor children of the decedent, or any one or more of them. (d) If there are any liabilities for expenses of the last illness, funeral charges, or expenses of administration that are unpaid at the time the court makes an order under this section, the court shall make the necessary orders for payment of those unpaid liabilities. (e) Title to property in the decedentâs estate vests absolutely in the surviving spouse, minor children, or any or all of them, as provided in the order, subject to all liens and encumbrances on property in the estate at the date of the decedentâs death, and there shall be no further proceedings in the administration of the decedentâs estate unless additional property in the decedentâs estate is discovered.
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.