California Probate Code 13655 – (a) If proceedings for the administration of the estate of the …
(a) If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter, or if the proceedings are not pending and if the petition filed under this chapter is not filed with a petition for probate of the deceased spouse’s will or for administration of the estate of the deceased spouse, notice of the hearing on the petition filed under this chapter shall be given as provided in Section 1220 to all of the following persons:
(1) Each person listed in Section 1220 and each person named as executor in any will of the deceased spouse.
Terms Used In California Probate Code 13655
- Allegation: something that someone says happened.
- Decedent: A deceased person.
- Devisee: means any person designated in a will to receive a devise. See California Probate Code 34
- Executor: A male person named in a will to carry out the decedent
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- Probate: Proving a will
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
- Trust: includes the following:
California Probate Code 82
- Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
- Trustee: A person or institution holding and administering property in trust.
- Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
(2) All devisees and known heirs of the deceased spouse and, if the petitioner is the trustee of a trust that is a devisee under the will of the decedent, all persons interested in the trust, as determined in cases of future interests pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 15804.
(b) The notice specified in subdivision (a) shall also be delivered as provided in subdivision (a) to the Attorney General, addressed to the office of the Attorney General at Sacramento, if the petitioner bases the allegation that all or part of the estate of the deceased spouse is property passing to the surviving spouse upon the will of the deceased spouse and the will involves or may involve either of the following:
(1) A testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee, resident in this state.
(2) A devise for a charitable purpose without an identified devisee or beneficiary.
(Amended by Stats. 2017, Ch. 319, Sec. 85. (AB 976) Effective January 1, 2018.)