Disposition of an Estate without Administration

Probate Code Division 8. Part 2, Chapter 1 provides general provisions regarding the disposition of an estate without administration.

Section 13500 provides that, when a spouse dies intestate leaving property that passes to the surviving spouse, or dies testate and by his or her will devises all or a part of his or her property to the surviving spouse, the property passes to the survivor subject to the provisions of existing law and no administration is necessary.

Section 13501 provides that the three specified types of property of the decedent is subject to administration under this code.

Section 13502 states that, upon the election of the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse, all or a portion of the two specified items of community property may be administered under this code.

The election is required to be made by a writing specifically evidencing the election filed in the proceedings for the administration of the estate of the deceased spouse within four months after the issuance of letters, or within any further time that the court may allow upon a showing of good cause, and before entry of an order.

Section 13502.5 states that, upon a petition by the personal representative of a decedent and a showing of good cause, the court may order that a pecuniary devise to the surviving spouse, or a fractional interest passing to the surviving spouse in any property in which the remaining fraction is subject to the administration, may be administered under this code.

Section 13503 provides that the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file an election and agreement to have all or part of the one-half of the community property that belongs to the surviving and the one-half of the quasi-community property that belongs to the surviving spouse transferred by the surviving spouse or the surviving spouse’s personal representative, guardian, or conservator to the trustee under the will of the deceased spouse or the trustee of an existing trust identified by the will of the deceased spouse, to be administered and distributed by the trustee.

Section 13504 provides that community property held in a revocable trust is governed by the provisions, if any, in the trust for disposition in the event of death.