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.
(d)If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, to the grandparent or grandparents equally, or to the issue of those grandparents if there is no surviving grandparent, 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.
(e)If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, but the decedent is survived by the issue of a predeceased spouse, to that issue, the issue taking equally if they are all of the
same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(f)If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, or issue of a predeceased spouse, but the decedent is survived by next of kin, to the next of kin in equal degree, but where there are two or more collateral kindred in equal degree who claim through different ancestors, those who claim through the nearest ancestor are preferred to those claiming through an ancestor more remote.
(g)If there is no surviving next of kin of the decedent and no surviving issue of a predeceased spouse of the decedent, but the decedent is survived by the parents of a predeceased spouse or the issue of those parents, to the parent or parents equally, or to the issue of those parents if both are deceased,
the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
Notes of Decisions
Medrano v. Kern Cnty. Sheriff's Officer, 921 F. Supp. 2d 1009 (E.D. Cal. 2013).
· cites it 3× “(b) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage…”
Peterson v. Islamic Repub. of Iran, 515 F. Supp. 2d 25 (D.D.C. 2007).
“60; Cal. Prob.Code § 6402). In this case, there is no evidence that either of the stepparents of Donald H.”
In Re Est. of Lowrie, 12 Cal. Rptr. 3d 828 (Cal. Ct. App. 2004).
· cites it 2× “Code, § 58) [6] ; and, (2) Lynelle is not a person "entitled to succeed to the decedent's estate" because she does not succeed to decedent's estate under the laws of intestate succession (Prob.Code, § 6402) [7] , but rather, Lynelle is simply a beneficiary who was bequeathed…”
Scott v. Thompson, 184 Cal. App. 4th 1506 (Cal. Ct. App. 2010).
· cites it 2× “The Probate Code provides that, absent a surviving spouse, domestic partner, or issue, the decedent’s intestate estate passes “to the decedent’s parent or parents equally” (Prob. Code, § 6402, subd. (b)) or, “[i]f there is no surviving .”
Est. of Hawkins, 194 Cal. App. 3d 102 (Cal. Ct. App. 1987).
· cites it 5× “5, the part of the intestate *106 estate not passing to the surviving spouse under Section 6401, or the entire intestate estate if there is no surviving spouse, passes as follows: .”
Chavez v. Carpenter, 2001 Cal. Daily Op. Serv. 7773 (Cal. Ct. App. 2001).
“The first subdivision of the wrongful death statute gives standing to those persons “who would be entitled to the property of the decedent by intestate succession,” but only “if there is no surviving issue of the decedent.”
Cotta v. Cnty. of Kings, 79 F. Supp. 3d 1148 (E.D. Cal. 2015).
· cites it 2× “Under California Probate Code § 6402(a), if an individual dies intestate without a surviving spouse or domestic partner, the decedent’s estate passes to “the issue of the decedent.”
Cheyanna M. v. A.C. Nielsen Co., 98 Cal. Daily Op. Serv. 7224 (Cal. Ct. App. 1998).
· cites it 2× “(Prob. Code, § 6402, subd. (a).) If David has no “issue,” the entire estate goes to his parents.”
Marks v. Lyerla, 1 Cal. App. 4th 556 (Cal. Ct. App. 1991).
· cites it 3× “) Probate Code section 6402 is contained in part 2, division 6, of the Probate Code, and governs intestate succession.”
Contreras, Ex Rel. Contreras v. Cnty. of Glenn, 725 F. Supp. 2d 1157 (E.D. Cal. 2010).
“30 and California Probate Code § 6402. Accordingly, the Court dismisses Leonor Contreras’ individual survivor claims in the first, second, fourth, fifth, sixth, seventh, and eighth claims for relief, with prejudice, but grants the remaining plaintiffs leave to amend the claims…”
— Cal. Probate Code § 6402(a) — 5 cases
Cotta v. Cnty. of Kings, 79 F. Supp. 3d 1148 (E.D. Cal. 2015).
“Under California Probate Code § 6402(a), if an individual dies intestate without a surviving spouse or domestic partner, the decedent’s estate passes to “the issue of the decedent.”
Medrano v. Kern Cnty. Sheriff's Officer, 921 F. Supp. 2d 1009 (E.D. Cal. 2013).
“(b) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage…”
— Cal. Probate Code § 6402(b) — 2 cases
— Cal. Probate Code § 6402(c) — 2 cases
Medrano v. Kern Cnty. Sheriff's Officer, 921 F. Supp. 2d 1009 (E.D. Cal. 2013).
“(b) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage…”
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