Legal Definition
Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in this part.
Basic Definition
Section 6400: Any part of the estate not disposed of by a will passes to the decedent’s heirs as prescribed by California law.
In-Depth Overview and Use Cases
Section 6400 establishes the basis of intestate succession in California. When a decedent has no valid will or parts of their estate are not addressed in the will, the property is distributed to heirs based on state-prescribed succession rules. Use cases include determining heirship when a decedent’s will is deemed invalid or incomplete. This section ensures a fallback process for estate distribution.
Application & Relevance
Section 6400 is vital for probate attorneys when handling cases without valid wills. It ensures that estates are distributed according to state law, minimizing disputes among potential heirs and providing legal clarity.
Legal Scenario
Trust Petition
Probate Code Impact
Section 6400 is relevant in trust petitions when part of the estate is not addressed in a will or trust, requiring the estate to be distributed to heirs under California’s intestate succession laws. Similarly, Section 6400 may apply if a trust is deemed invalid through a contest or other petition.
Legal Scenario
Trust Accounting
Probate Code Impact
In a trust accounting context, Section 6400 governs the distribution of assets that may not be accounted for in the trust document, affecting the final report of the trust’s assets.
