California Probate Code

§ 21612

PROB § 21612 Effective Jan 1, 2004Div. 11 · Part 6 · Ch. 2

Statute text

(a)Except as provided in subdivision (b), in satisfying a share provided by this chapter:

(1)The share will first be taken from the decedent’s estate not disposed of by will or trust, if any.

(2)If that is not sufficient, so much as may be necessary to satisfy the share shall be taken from all beneficiaries of decedent’s testamentary instruments in proportion to the value they may respectively receive. The proportion of each beneficiary’s share that may be taken pursuant to this subdivision shall be determined based on values as of the date of the decedent’s death.

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Legislative history

Added by renumbering Section 26112 by Stats. 2003, Ch. 32, Sec. 17. Effective January 1, 2004.