SB 1271

Bill Subjects

Abstract

Existing law authorizes a surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse to file a petition in the superior court of the county in which the estate of the deceased spouse may be administered requesting an order that administration of all or part of the estate is not necessary because all or part of the estate is property passing to the surviving spouse. Existing law specifies the contents of that petition, including, among other things, a description of the property of the deceased spouse which the petitioner alleges is property passing to the surviving spouse and the facts upon which the petitioner bases the allegation that all or part of the estate of the deceased spouse is property passing to the surviving spouse. Existing law provides that if the court finds that all of the estate of the deceased spouse is property passing to the surviving spouse, then the court is required to issue an order describing the property, as specified. Existing law also provides that if the court finds that all or part of the estate of the deceased spouse is not property passing to the surviving spouse, then the court is required to issue an order, as specified. Existing law allows the court, in a case in which property is passing to the surviving spouse or in which property is not passing to the surviving spouse, to issue any further orders that may be necessary to cause delivery of the property or its proceeds to the surviving spouse. This bill would require the above petition to also include reference to any agreements between the deceased spouse and the surviving spouse affecting the character of property and a description of the property as either community or separate property. This bill would authorize a court to issue orders determining whether any property, or interest therein, of the deceased spouse's estate passing to the surviving spouse is separate property or community property.