California Probate Code

§ 6409

PROB § 6409 Effective Jan 1, 2003Div. 6 · Part 2 · Ch. 1

Statute text

(a)If a person dies intestate as to all or part of his or her estate, property the decedent gave during lifetime to an heir is treated as an advancement against that heir’s share of the intestate estate only if one of the following conditions is satisfied:

(1)The decedent declares in a contemporaneous writing that the gift is an advancement against the heir’s share of the estate or that its value is to be deducted from the value of the heir’s share of the estate.

(2)The heir acknowledges in writing that the gift is to be so deducted or is an advancement or that its value is to be deducted from the value of the heir’s share of the estate.

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Legislative history

Amended by Stats. 2002, Ch. 138, Sec. 8. Effective January 1, 2003.