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California Law (Last Updated: March 4, 2014) |
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Probate Code - PROB |
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Division 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION |
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Part 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION |
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Chapter 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse |
Section 13655.
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(a) If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter, or if the proceedings are not pending and if the petition filed under this chapter is not filed with a petition for probate of the deceased spouse's will or for administration of the estate of the deceased spouse, notice of the hearing on the petition filed under this chapter shall be given as provided in Section 1220 to all of the following persons:
(1) Each person listed in Section 1220 and each person named as executor in any will of the deceased spouse.
(2) All devisees and known heirs of the deceased spouse and, if the petitioner is the trustee of a trust that is a devisee under the will of the decedent, all persons interested in the trust, as determined in cases of future interests pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 15804.
(b) The notice specified in subdivision (a) shall also be mailed as provided in subdivision (a) to the Attorney General, addressed to the office of the Attorney General at Sacramento, if the petitioner bases the allegation that all or part of the estate of the deceased spouse is property passing to the surviving spouse upon the will of the deceased spouse and the will involves or may involve either of the following:
(1) A testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee, resident in this state.
(2) A devise for a charitable purpose without an identified devisee or beneficiary.