California
California Probate and Intestate Succession: What Happens Without a Will (2026)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 8, 2026. · 7 primary sources cited on this page. How we verify our legal content
California probate is handled by the Superior Court's Probate Division in the county where the decedent lived, and California is a genuine community-property state whose intestate succession rule for separate property turns on the number of surviving children, not on whether those children are shared with the surviving spouse.
Information last verified on 2026-07-16. This article has not yet been reviewed by a licensed lawyer.
How Probate Works in California
Every California county's Superior Court has a Probate Division or Department, for example the Superior Court of California, County of Los Angeles, Probate Department. California did not adopt the Uniform Probate Code and has no informal, clerk-only opening track. Every probate case requires a filed petition and a court hearing at which a judge appoints the personal representative; there is no way to open a California estate without at least one hearing.
Once an estate is open, California offers a meaningful way to reduce ongoing court supervision during administration: the Independent Administration of Estates Act, Probate Code sections 10400 through 10592. A personal representative can request full or limited authority under the IAEA to act on most estate matters through a notice-and-objection procedure rather than a separate court hearing for each action. Full authority lets the personal representative sell real property without court confirmation; limited authority still requires court approval to sell or encumber real property. The IAEA is not equivalent to a Uniform Probate Code informal track. It does not change how the estate is opened, since the initial petition and hearing are still required, and certain acts, including opening the estate, approving compensation, and settling the final account, always require court involvement even under full IAEA authority.
In a typical administration, the personal representative inventories and appraises the estate's assets, gives notice to creditors, pays valid debts and taxes, and then petitions the court, or proceeds under IAEA authority where available, to distribute what remains and close the estate. The Probate Code sets a percentage schedule for the ordinary fees of both the personal representative and the estate's attorney (sections 10800 and 10810), explained in our guide to executor and probate attorney fees.
California's creditor claims deadline also shapes how quickly a case can close. Under Probate Code section 9100, a creditor generally must file a claim by the later of 4 months after letters are first issued to the personal representative, or 60 days after the creditor is mailed or personally given notice of administration. Separately, Code of Civil Procedure section 366.2 imposes an absolute outer limit of 1 year from the date of death on most claims against a decedent, regardless of whether a probate case is even open. The California Courts Self-Help Center cites 9 to 18 months as typical for an uncontested formal probate, and other practitioner sources cite a similar 12 to 18 month range, with the fastest realistic uncontested case closing in around 8 months and contested or complex estates commonly taking 2 to 4 years.
Intestate Succession in California: Who Inherits Without a Will
California's intestate succession statute, Probate Code sections 6401 and 6402, is built around a distinction that trips up a lot of readers: it treats community and quasi-community property completely differently from separate property, and the mechanism for each is different from how most other states handle a surviving spouse's share.
For community property, Probate Code section 6401(a) gives the surviving spouse an intestate share equal to the one-half of the community property that belonged to the decedent. The surviving spouse already independently owns the other half outright under Probate Code section 100; that ownership is not inheritance at all, it is pre-existing. The practical result is that the surviving spouse ends up owning 100 percent of the community property once a spouse dies intestate. Quasi-community property, generally property acquired while married but living outside California that would have been community property had it been acquired in California, works identically under section 6401(b), with the spouse's pre-existing ownership of the other half coming from Probate Code section 101 instead.
For the decedent's separate property, however, Probate Code section 6401(c) uses a genuinely different formula, and this is the specific mechanism California readers most often get wrong: the split is driven by the number of surviving children, not by whose children they are. If no surviving issue, parent, sibling, or issue of a deceased sibling exists, the entire separate-property estate goes to the surviving spouse. If exactly one child survives, or the issue of one deceased child survives, or no issue survives but a parent or the issue of a parent survives, the surviving spouse takes one-half of the separate property. If more than one child survives, or one child plus the issue of one or more deceased children survive, or the issue of two or more deceased children survive, the surviving spouse takes only one-third of the separate property. Unlike many other states, California's separate-property split does not depend on whether the surviving children are also the surviving spouse's children; a blended family with children from a prior relationship follows the identical fraction as a family where every child is shared, because the statute counts the number of surviving children, not their relationship to the surviving spouse.
If there is no surviving spouse, Probate Code section 6402 sets the order: first to the decedent's issue, meaning children and further descendants, equally, or under Probate Code section 240 if they are of unequal degree; if none, to the decedent's parents equally; if none, to the issue of the decedent's parents, meaning siblings and their descendants; if none, to grandparents equally, or their issue; if none, to the issue of a predeceased spouse; if none, to the next of kin in equal degree; if none, to the parents of a predeceased spouse, or their issue; and ultimately, if no qualifying heir can be found, the estate escheats to the State of California.
One way to make sure your property goes to the people you actually choose, rather than following California's intestate succession order, is to have a valid will in place. recordinglaw.com's free California Last Will and Testament Generator can help you create one, with no account required.
Small Estate and Simplified Probate in California
California offers three distinct simplified transfer mechanisms, and they should not be confused with each other because each has its own threshold and scope. The small estate affidavit for personal property, Probate Code section 13100, currently applies up to $208,850, effective for deaths occurring between April 1, 2025 and March 31, 2028, when the threshold next adjusts under the statute's built-in 3-year cost-of-living cycle set by Probate Code section 890. It covers personal property such as bank accounts and vehicles, but excludes assets that already pass outside probate, such as jointly held, payable-on-death, transfer-on-death, or trust-held property. At least 40 days must pass after death before the affidavit can be presented to an asset holder, and no court hearing is required. For thresholds, waiting periods and forms, see our guide to the California small estate affidavit.
A separate affidavit for small-value real property, Probate Code section 13200, applies to "a particular item of property that is real property" worth $69,625 or less, for deaths on or after April 1, 2025. Despite sharing the word affidavit with the section 13100 procedure, it works very differently, and the differences matter to anyone holding a low-value parcel.
Section 13200 is a court filing, not a document handed to an asset holder. The affidavit may be filed "no sooner than six months from the death of a decedent," in the superior court of the county where the decedent was domiciled, or, if the decedent was not domiciled in California, in any county where the real property is located. A filing fee applies under Probate Code section 13201, and an inventory and appraisal of the decedent's real property must be attached.
The clerk then files the affidavit and issues a certified copy, which is recorded with the county recorder of the county where the property is located, under Probate Code section 13202. So the realistic timeline for a section 13200 parcel is at least six months and a trip to the courthouse, not the 40 days and no court that apply to the section 13100 personal-property affidavit.
Section 13200 does not exclude the decedent's primary residence. What it excludes is the property described in Probate Code section 13050: joint tenancy property, life estates, property in a trust revocable by the decedent, multiple-party accounts passing to a surviving party or beneficiary, and property passing to a surviving spouse under section 13500.
A streamlined petition to succeed to a primary residence, added and expanded by Assembly Bill 2016 (amending Probate Code sections 13150 through 13154 and repealing section 13158), applies for a primary residence worth up to $750,000 when the decedent died on or after April 1, 2025 through March 31, 2028, under Probate Code section 13152(f). It was AB 2016 that limited that petition to a primary residence; that limitation belongs to the sections 13150 through 13157 petition, not to section 13200. The petition is filed with the Superior Court on Judicial Council Form DE-310, and it is more streamlined than full formal probate but still runs as a court proceeding with a hearing.
Filling In California Small Estate Paperwork
For the primary residence petition, start with Judicial Council Form DE-310, the form the Superior Court filing uses. If you are completing that form or a small estate affidavit as a PDF, PDFelement, a paid program, can fill in fields, edit text, and convert a scanned document into editable text. An e-signature in PDFelement does not make an affidavit or petition valid by itself, and it does not replace any notarization or witness step the court or the asset holder requires.
View PDFelement ToolsAffiliate disclosure: if you sign up through this link we may earn a commission, at no extra cost to you. Learn more
California Does Not Have an Estate or Inheritance Tax
California has no state estate tax and no state inheritance tax. California's state estate tax was eliminated effective 2005, when it was tied to a federal state-death-tax credit that Congress phased out between 2002 and 2004. Only the federal estate tax can apply to a California estate, and only above the $15,000,000 per-person basic exclusion amount for 2026, confirmed directly on IRS.gov, up from $13,990,000 in 2025. Married couples can combine exemptions through portability for a combined shelter of up to $30,000,000, meaning the federal estate tax reaches only a small share of the largest California estates.
Do You Need a Probate Attorney?
Because every California probate case requires at least one court hearing, and because IAEA authority, small estate mechanisms, and the community-property versus separate-property distinction all interact, many California estates benefit from at least a consultation with a probate attorney, even when the case is ultimately straightforward. If heirs may contest, the family is blended, or an asset's community or separate status is unclear, get a free case evaluation from a California probate lawyer on who inherits what before anything is distributed (attorney advertising).
For a broader look at how probate works across the country, see Probate by State.
Disclaimer
This article provides general information about probate and intestate succession in California as of the verification date above. It is not legal advice and does not create an attorney-client relationship. It is not a substitute for advice from a probate attorney licensed in California, particularly where community versus separate property characterization, a contested estate, a business interest, or a blended family are involved. Figures, thresholds, and program details change and are adjusted periodically by statute; verify current details directly with the California Courts Self-Help Center or the California Probate Code before relying on any figure here.
Last updated: 2026-07-16. Figures and statutes cited reflect their in-force version as of 2026-07-16.
More California Laws
- California Child Custody Laws
- California Divorce Laws
- California Power of Attorney Laws
- California Unclaimed Property
Frequently Asked Questions
What court handles probate in California?
The Superior Court of California, Probate Division or Department, in the county where the decedent resided, or where the decedent owned property if they were not a California resident. Every county's probate court works the same way structurally, though naming conventions differ.
Does California have an inheritance tax?
No. California has no state inheritance tax. California's state estate tax was also eliminated, effective 2005, when it was tied to a federal state-death-tax credit that Congress phased out.
Does California have an estate tax?
No state estate tax applies in California. Only the federal estate tax can apply, and only above the $15,000,000 per-person federal exemption for 2026.
What is the California small estate affidavit threshold?
Under Probate Code section 13100, the small estate affidavit for personal property currently applies up to $208,850, for deaths occurring between April 1, 2025 and March 31, 2028. A separate affidavit under section 13200 covers small-value real property up to $69,625, but that one is filed in the superior court no sooner than six months after the death, rather than presented to an asset holder after 40 days.
How does California's community property affect who inherits without a will?
Under Probate Code section 6401, a surviving spouse's intestate share of community and quasi-community property is the decedent's half, because the spouse already owns the other half outright under Probate Code sections 100 and 101. In practice, the surviving spouse ends up owning all of the community property when a spouse dies intestate.
How is separate property split between a spouse and children in California?
Under Probate Code section 6401(c), the surviving spouse's share of the decedent's separate property depends on how many children survive, not whose children they are: one-half with exactly one surviving child, one-third with more than one surviving child, or the entire separate property if no issue, parent, sibling, or their issue survive.
How long does probate take in California?
The California Courts Self-Help Center cites 9 to 18 months as typical for an uncontested formal probate, though a contested or complex estate can take substantially longer, sometimes 2 to 4 years.
Updates
Corrected the description of the Probate Code section 13200 small-value real property affidavit: it does not exclude the decedent’s primary residence, and it requires a superior court filing no sooner than six months after the death rather than the 40-day, no-court process that applies to the section 13100 personal property affidavit.
Corrected the primary-residence probate petition created by AB 2016: the $750,000 threshold is tied to the decedent's date of death (April 1, 2025 through March 31, 2028), not a petition-filing date, and the codified sections are 13150-13154 (section 13158 was repealed by the same bill, not retained).
Independently fact-checked against the cited primary sources
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
California Probate Code
§ 6401In force
(a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100. (b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101. (c) As to separate property, the intestate share of the surviving spouse is as follows: (1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister. (2) One-half of the intestate estate in the following cases: (A) Where the decedent leaves only one child or the issue of one deceased child. (B) Where the decedent leaves no issue, but leaves a parent or parents or their issue or the issue of either of them. (3) One-third of the intestate estate in the following cases: (A) Where the decedent leaves more than one child. (B) Where the decedent leaves one child and the issue of one or more deceased children. (C) Where the decedent leaves issue of two or more deceased children.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 39 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Edais v. Super. Ct. (California Court of Appeal 2023)“…right to make funeral arrangements and dispose of remains]; Prob. Code, § 6401 [right of intestate succession].) But s…”
- In Re Marriage Cases (California Supreme Court 2008, 43 Cal. 4th 757)“…ditional areas. (See Stats. 2002, ch. 447, §§ 1-3 [amending Prob. Code, § 6401 to provide automatic inheritance of a p…”
- Estate of Sarabia (California Court of Appeal 1990, 221 Cal. App. 3d 599)“…Dolores would each get one half of the decedent's estate. (Prob. Code, § 6401, subd. (c)(2)(B).) According to Winston…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 6402In force
Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse, under Section 6401, or the entire intestate estate if there is no surviving spouse, passes as follows: (a) To the issue of the decedent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (b) If there is no surviving issue, to the decedent’s parent or parents equally. (c) If there is no surviving issue or parent, to the issue of the parents or either of them, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 63 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Estate of Hawkins (California Court of Appeal 1987, 194 Cal. App. 3d 102)“…e only heirs entitled to succeed to decedent's estate under Probate Code section 6402, subdivision (d) and (2) that if the fi…”
- Marks v. Lyerla (California Court of Appeal 1991, 1 Cal. App. 4th 556)“…any other provision of law." (Italics added.) Probate Code section 6402 is contained in part 2, division 6, of…”
- Estate of McCrary (California Court of Appeal 1997, 54 Cal. App. 4th 100)“…nts are the issue of decedent's maternal grandparents under Probate Code section 6402, subdivision (d) and are entitled to sh…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 890In forcecited in 2 of our articles
(a) On April 1, 2022, and at each three-year interval ending on April 1 thereafter, the dollar amounts specified in Chapter 6 (commencing with Section 6600) of Part 3 of Division 6 and in Division 8 (commencing with Section 13000) in effect immediately before that date shall be adjusted as provided in subdivision (b). (b) The Judicial Council shall determine the amount of the adjustment based on the change in the United States city average of the “Consumer Price Index for All Urban Consumers,” as published by the United States Bureau of Labor Statistics, from the December that is 40 months prior to the adjustment to the December immediately preceding the adjustment, with each adjusted amount rounded to the nearest twenty-five dollars ($25). (c) Beginning April 1, 2022, the Judicial Council shall, after adjusting the amounts as directed in subdivision (b), publish a list of the current dollar amounts for the provisions identified in subdivision (a), together with the date of the next scheduled adjustment. (d) Adjustments made under subdivision (a) do not apply when the decedent’s death preceded the date of adjustment.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Also relied on in: California Small Estate Affidavit: $208,850 Limit, Rules and Forms
§ 13100In forcecited in 2 of our articles
Excluding the property described in Section 13050 and any property included in a petition filed under Section 13151, if the gross value of the decedent’s real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890, and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will, do any of the following with respect to one or more particular items of property: (a) Collect any particular item of property that is money due the decedent. (b) Receive any particular item of property that is tangible personal property of the decedent. (c) Have any particular item of property that is evidence of a debt, obligation, interest, right, security, or chose in action belonging to the decedent transferred, whether or not secured by a lien on real property.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Estate of Post (California Court of Appeal 2018)“…no opinion on the merits of that matter. 7 Probate Code section 13100 et seq. allows a decedent’s successor i…”
- Estate of Post v. Post (California Court of Appeal, 5th District 2018, 234 Cal. Rptr. 3d 661)“…We express no opinion on the merits of that matter. Probate Code section 13100 et seq. allows a decedent's successor i…”
- Global Discoveries v. County of Madera CA5 (California Court of Appeal 2026)“…ss proceeds, the heirs may submit an affidavit” pursuant to Probate Code section 13100 et seq., to support their claim for exc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 13200In forcecited in 2 of our articles
(a) No sooner than six months from the death of a decedent, a person or persons claiming as successor of the decedent to a particular item of property that is real property may file in the superior court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in this state at the time of death, then in any county in which real property of the decedent is located, an affidavit in the form prescribed by the Judicial Council pursuant to Section 1001 stating all of the following: (1) The name of the decedent. (2) The date and place of the decedent’s death. (3) A legal description of the real property and the interest of the decedent therein. (4) The name and address of each person serving as guardian or conservator of the estate of the decedent at the time of the decedent’s death, so far as known to the affiant.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2013
Opinions citing this section in our collection:
- Van Alen v. Comm'r (United States Tax Court 2013, 2013 T.C. Memo. 235)“…se a decedent’s real property subject to probate, see Cal. Prob. Code sec. 13200(c) (West 1991 & Supp. 2013), Green met…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 13152In force
(a) The petition shall be verified by each petitioner, shall contain a request that the court make an order under this chapter determining that the property described in the petition is property passing to the petitioner, and shall state all of the following: (1) The facts necessary to determine that the petition is filed in the proper county. (2) The gross value of the real property that was the decedent’s primary residence in this state, as shown by the inventory and appraisal attached to the petition, does not exceed the dollar amount specified in subdivision (f). (3) A description of the particular item of real property in this state that the petitioner alleges is property of the decedent passing to the petitioner and the facts upon which the petitioner bases the allegation that the described real property was the decedent’s primary residence. (4) The facts upon which the petitioner bases the allegation that the described property is property passing to the petitioner. (5) Either of the following, as appropriate: (A) A statement that no proceeding is being or has been conducted in this state for administration of the decedent’s estate.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 9100In force
(a) A creditor shall file a claim before expiration of the later of the following times: (1) Four months after the date letters are first issued to a general personal representative. (2) Sixty days after the date notice of administration is mailed or personally delivered to the creditor. Nothing in this paragraph extends the time provided in Section 366.2 of the Code of Civil Procedure. (b) A reference in another statute to the time for filing a claim means the time provided in paragraph (1) of subdivision (a). (c) Nothing in this section shall be interpreted to extend or toll any other statute of limitations or to revive a claim that is barred by any statute of limitations. The reference in this subdivision to a “statute of limitations” includes Section 366.2 of the Code of Civil Procedure.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 22 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Dobler v. Arluk Medical Center Industrial Group, Inc. (California Court of Appeal 2001, 107 Cal. Rptr. 2d 478)“…ection from unknown creditor claims. *535 Probate Code section 9100 provides that a creditor must file a cl…”
- Dacey v. Taraday (California Court of Appeal 2011, 196 Cal. App. 4th 962)“…in the probate proceedings as required by the Probate Code. Probate Code section 9100 states that a creditor must file a clai…”
- Ferraro v. Camarlinghi (California Court of Appeal 2008, 75 Cal. Rptr. 3d 19)“…r submitting claims had not begun to run. (See Prob. Code, §§ 9100 [claim must be filed “(a) . . . before…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 13050In forcecited in 2 of our articles
(a) For the purposes of this part: (1) Any property or interest or lien thereon that, at the time of the decedent’s death, was held by the decedent as a joint tenant, or in which the decedent had a life or other interest terminable upon the decedent’s death, or that was held by the decedent and passed to the decedent’s surviving spouse pursuant to Section 13500, shall be excluded in determining the property or estate of the decedent or its value. This excluded property shall include, but not be limited to, property in a trust revocable by the decedent during the decedent’s lifetime. (2) A multiple-party account to which the decedent was a party at the time of the decedent’s death shall be excluded in determining the property or estate of the decedent or its value, whether or not all or a portion of the sums on deposit are community property, to the extent that the sums on deposit belong after the death of the decedent to a surviving party, P.O.D. payee, or beneficiary. For the purposes of this paragraph, the terms “multiple-party account,” “party,” “P.O.D. payee,” and “beneficiary” are defined in Article 2 (commencing with Section 5120) of Chapter 1 of Part 2 of Division 5.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 13202In force
Upon receipt of the affidavit and the required fee, the court clerk, upon determining that the affidavit is complete and has the required attachments, shall file the affidavit and attachments and shall issue a certified copy of the affidavit without the attachments. The certified copy shall be recorded in the office of the county recorder of the county where the real property is located. The county recorder shall index the certified copy in the index of grantors and grantees. The decedent shall be indexed as the grantor and each person designated as a successor to the property in the certified copy shall be indexed as a grantee.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
California Code of Civil Procedure
§ 366.2In force
(a) If a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, and whether accrued or not accrued, dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply. (b) The limitations period provided in this section for commencement of an action shall not be tolled or extended for any reason except as provided in any of the following, where applicable: (1) Sections 12, 12a, and 12b of this code. (2) Part 4 (commencing with Section 9000) of Division 7 of the Probate Code (creditor claims in administration of estates of decedents). (3) Part 8 (commencing with Section 19000) of Division 9 of the Probate Code (payment of claims, debts, and expenses from revocable trust of deceased settlor). (4) Former Part 3 (commencing with Section 21300) of Division 11 of the Probate Code (no contest clauses), as that part read prior to its repeal by Chapter 174 of the Statutes of 2008.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 67 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Collection Bureau of San Jose v. Rumsey (California Supreme Court 2000, 99 Cal. Rptr. 2d 792)“…ode of Civil Procedure former section 353 (it now refers to Code Civ. Proc., § 366.2, see fn. 1, ante ) is applicable to ac…”
- Wagner v. Wagner (California Court of Appeal 2008, 75 Cal. Rptr. 3d 511)“…on, construed as a claim on the Trust, was not timely under Code of Civil Procedure section 366.2, which requires all claims against a de…”
- In Re Estate of Yool (California Court of Appeal 2007, 60 Cal. Rptr. 3d 526)“…barred by the one-year statute of limitations set forth in Code of Civil Procedure section 366.2. As we explain, this decision is correc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Cal. Probate Code section 6401 (intestate share of surviving spouse)(leginfo.legislature.ca.gov).gov
- Cal. Probate Code section 6402 (intestate succession, no surviving spouse)(leginfo.legislature.ca.gov).gov
- Cal. Probate Code section 890 (small estate threshold cost-of-living adjustment)(leginfo.legislature.ca.gov).gov
- California Courts Self-Help Center, Small Estate Procedures(selfhelp.courts.ca.gov).gov
- California Courts Self-Help Center, Formal Probate(selfhelp.courts.ca.gov).gov
- California Assembly Bill 2016 (2023-2024), primary residence succession petition(leginfo.legislature.ca.gov).gov
- IRS, "What's New - Estate and Gift Tax" (2026 basic exclusion amount)(irs.gov).gov
- Cal. Probate Code section 13200 (affidavit for small-value real property; six-month wait, superior court filing)(leginfo.legislature.ca.gov)
- Cal. Probate Code section 13050 (property excluded from small estate valuation)(leginfo.legislature.ca.gov)
- Cal. Probate Code section 13202 (clerk files affidavit; certified copy recorded with county recorder)(leginfo.legislature.ca.gov)
- Judicial Council of California, Maximum Amounts for Determining Eligibility for Summary Succession Procedures (Prob. Code section 890 adjusted amounts)(courts.ca.gov)
Paid attorney referral. RecordingLaw may receive compensation when you use an attorney-help link. RecordingLaw is not a law firm. Submitting a request does not guarantee that an attorney will accept your case and does not create an attorney-client relationship.