CHAPTER 6. Small Estate Set-Aside
Chapter 6 enacted by Stats. 1990, Ch. 79.
§§ 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,…