California Probate Code

§ 6523

PROB § 6523Div. 6 · Part 3 · Ch. 3

Statute text

(a)In selecting and setting apart the probate homestead, the court shall consider the needs of the surviving spouse and minor children, the liens and encumbrances on the property, the claims of creditors, the needs of the heirs or devisees of the decedent, and the intent of the decedent with respect to the property in the estate and the estate plan of the decedent as expressed in inter vivos and testamentary transfers or by other means.

(b)The court, in light of subdivision (a) and other relevant considerations as determined by the court in its discretion, shall:

(1)Select as a probate homestead the most appropriate property available that is suitable for that use, including in addition to the dwelling itself such adjoining property as appears reasonable.

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Legislative history

Enacted by Stats. 1990, Ch. 79.