PART 3. FAMILY PROTECTION [6500. - 6615.]

Part 3 enacted by Stats. 1990, Ch. 79.

§§ 6500–6615 · 35 sections

1. CHAPTER 1. Temporary Possession of Family Dwelling and Exempt Property §§ 6500–6501 · 2 sections

   • § 6500 Until the inventory is filed and for a period of 60 days thereafter, or for such other period as may be ordered by the court for good cause on petition…
   • § 6501 A petition for an order under Section 6500 may be filed by any interested person. Notice of the hearing on the petition shall be given as provided in Section…
2. CHAPTER 2. Setting Aside Exempt Property Other Than Family Dwelling §§ 6510–6511 · 2 sections

   • § 6510 Upon the filing of the inventory or at any subsequent time during the administration of the estate, the court in its discretion may on petition therefor set…
   • § 6511 A petition for an order under Section 6510 may be filed by any interested person. Notice of the hearing on the petition shall be given as provided in Section…
3. CHAPTER 3. Setting Aside Probate Homestead §§ 6520–6528 · 9 sections

   • § 6520 Upon the filing of the inventory or at any subsequent time during the administration of the estate, the court in its discretion may on petition therefor select…
   • § 6521 The probate homestead shall be set apart for the use of one or more of the following persons: (a) The surviving spouse. (b) The minor children of the decedent.
   • § 6522 (a) The probate homestead shall be selected out of the following property, giving first preference to the community and quasi-community property of, or…
   • § 6523 (a) In selecting and setting apart the probate homestead, the court shall consider the needs of the surviving spouse and minor children, the liens and…
   • § 6524 The property set apart as a probate homestead shall be set apart only for a limited period, to be designated in the order, and in no case beyond the lifetime…
   • § 6525 (a) A petition to select and set apart a probate homestead may be filed by any interested person. (b) Notice of the hearing on the petition shall be given as…
   • § 6526 (a) Property of the decedent set apart as a probate homestead is liable for claims against the estate of the decedent, subject to the probate homestead right.…
   • § 6527 (a) The court may by order modify the term or conditions of the probate homestead right or terminate the probate homestead right at any time prior to entry of…
   • § 6528 Nothing in this chapter terminates or otherwise affects a declaration of homestead by, or for the benefit of, a surviving spouse or minor child of the decedent…
4. CHAPTER 4. Family Allowance §§ 6540–6545 · 6 sections

   • § 6540 (a) The following are entitled to such reasonable family allowance out of the estate as is necessary for their maintenance according to their circumstances…
   • § 6541 (a) The court may grant or modify a family allowance on petition of any interested person. (b) With respect to an order for the family allowance provided for…
   • § 6542 A family allowance commences on the date of the court’s order or such other time as may be provided in the court’s order, whether before or after the date of…
   • § 6543 (a) A family allowance shall terminate no later than the entry of the order for final distribution of the estate or, if the estate is insolvent, no later than…
   • § 6544 The costs of proceedings under this chapter shall be paid by the estate as expenses of administration.
   • § 6545 Notwithstanding Chapter 2 (commencing with Section 916) of Title 13 of Part 2 of the Code of Civil Procedure, the perfecting of an appeal from an order made…
5. CHAPTER 6. Small Estate Set-Aside §§ 6600–6615 · 16 sections

   • § 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…
   • § 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 decedent’s death and who survived the…
   • § 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…
   • § 6603 The petition shall be filed in the superior court of a county in which the estate of the decedent may be administered.
   • § 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 this chapter.…
   • § 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…
   • § 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 spouse…
   • § 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 under…
   • § 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…
   • § 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 the decedent and…
   • § 6610 Upon becoming final, an order under Section 6609 shall be conclusive on all persons, whether or not they are then in being.
   • § 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…
   • § 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 of the decedent and…
   • § 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 be…
   • § 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 case continues to be…
   • § 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 to 647.5, inclusive,…