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What is 13502 Election?

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daddydune

Junior Member
What is the name of your state? California

My probate notes (in Riverside) asked a question about surviving spouse filing a 13502 election.
What is this election? I did not find any 13502 forms on line.
I'm doing the probate for my mothers estate. She has a surviving spouse and her will specifies me as executor and only heir.

Thanks.
 


tranquility

Senior Member
California Probate Code:
13502. (a) 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 following
property may be administered under this code:
(1) The one-half of the community property that belongs to the
decedent under Section 100, the one-half of the quasi-community
property that belongs to the decedent under Section 101, and the
separate property of the decedent.
(2) The one-half of the community property that belongs to the
surviving spouse under Section 100 and the one-half of the
quasi-community property that belongs to the surviving spouse under
Section 101.
(b) The election shall 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 under Section 13656.
 

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