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California probate code 13500 Form: What You Should Know
California Probate Code Sections 13100 — Probate Code Section 13115 — Small Estate The California Probate Code states that a surviving spouse need not make a will. The court, though may issue a will for a surviving spouse by an election of a party, but only up to four items. The court does not protest the will on the following grounds: (1) a will is not in the best interests of any party to this marriage, (2) a will is not in the best interests of the surviving spouse or the other surviving spouse that survived at the time of death; or (3) the deceased did not have an attorney to represent him or her in the drafting of the will. It is possible for a spouse to have more than four items. If the estate is not under the California Probate Code, it must be determined if it meets all the following criteria: The property must be in the personal care, management and distribution of a single party under the terms and conditions of a will that was executed in this State but is not valid under the California laws regarding probate. If the estate meets all of these requirements, it can be transferred to the surviving spouse without protest. Section 13120 of the California Probate Code allows a surviving person to give their entire estate to a person other than a surviving spouse. In certain circumstances, the surviving spouse has no entitlement to any property left to the surviving spouse. A person other than the surviving spouse is the decedent's legal representative if the decedent was a natural person. If both parties are living, the surviving spouse is the legal representative. The surviving spouse can give any property to the surviving spouse's legal representative. Section 13115 (Small Estate) of the California Probate Code If there are any questions or concerns regarding what qualifies with the requirements of Section 1350 and 13750 of California Probate Codes, you can seek legal counsel from the state Bar. You can always use our free California Probate Lawyer Service to learn more about your property rights and the California Probate Law.
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