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Is 13502 Election the same as DE-226

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CongaMan

Junior Member
What is the name of your state (only U.S. law)? California

I'm the petitioner in my father probate. The notes on the case ask two questions that have me confused.
1. If surviving spouse will be filing 13502 election
2. Benefit ot spouse to have their portion part of probate estate

there are 4 heirs
My dad's spouse, my 2 sisters, and myself (petitioner of administration).

Will filing a DE-226 take care of these two questions? The only seperate property is a real estate property, the rest was community.
 


tecate

Member
That series of forms is for use by the surviving spouse in case a third party wants a court order to evidence what happens under Probate Code Section 13500.

The examiner wants to know what is subject to administration (probate), and whether the spouse elects to have more than the minimum probated. In other words, what property passes to you and your siblings?

Did your father leave a will?
 

CongaMan

Junior Member
That series of forms is for use by the surviving spouse in case a third party wants a court order to evidence what happens under Probate Code Section 13500.

The examiner wants to know what is subject to administration (probate), and whether the spouse elects to have more than the minimum probated. In other words, what property passes to you and your siblings?

Did your father leave a will?
No there was no will, but my father didn't have alot. the only thing was the house (seperate property) that he lived in we are in agreement to sell the property, and His wife can have all of the community property.
 

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