Rule 7.652. Allegations in petition for distribution concerning character of property

(a) Required allegations.

If the character of property to be distributed may affect the distribution, a petition for distribution must allege:

(1)  The character of the property to be distributed, whether separate, community, or quasi-community; and

(2)  That the community or quasi-community property to be distributed is either the decedent's one-half interest only, or the entire interest of the decedent and the decedent's spouse.

(b) Compliance with Probate Code section 13502.

If any property is to be distributed outright to the surviving spouse, a written election by the surviving spouse that complies with Probate Code section 13502 must have been filed, and the petition must show the filing date of the election.

Rule 7.652 adopted effective January 1, 2004.


Rules that reference this rule: N/A