BILL NUMBER: AB 2216	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Keeley

                        FEBRUARY 20, 2002

   An act to amend Sections 6401 and 6402 of the Probate Code,
relating to intestate succession.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2216, as introduced, Keeley.  Intestate succession:  domestic
partners.
   Under the existing law of intestate succession, the surviving
spouse is entitled to a specified share of the decedent's separate
property that is not effectively disposed of by will.
   This bill would extend this entitlement to a decedent's domestic
partner. This bill would also make conforming and technical changes.

   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6401 of the Probate Code is amended to read:
   6401.  (a) As to community property, the intestate share of the
surviving spouse is the one-half of the community property that
belongs to the decedent under Section 100.
   (b) As to quasi-community property, the intestate share of the
surviving spouse is the one-half of the quasi-community property that
belongs to the decedent under Section 101.
   (c) As to separate property, the intestate share of the surviving
spouse  or domestic partner  is as follows:
   (1) The entire intestate estate if the decedent did not leave any
surviving issue, parent, brother, sister, or issue of a deceased
brother or sister.
   (2) One-half of the intestate estate in the following cases:
   (A) Where the decedent leaves only one child or the issue of one
deceased child.
   (B) Where the decedent leaves no issue but leaves a parent or
parents or their issue or the issue of either of them.
   (3) One-third of the intestate estate in the following cases:
   (A) Where the decedent leaves more than one child.
   (B) Where the decedent leaves one child and the issue of one or
more deceased children.
   (C) Where the decedent leaves issue of two or more deceased
children.
  SEC. 2.  Section 6402 of the Probate Code is amended to read:
   6402.  Except as provided in Section 6402.5, the part of the
intestate estate not passing to the surviving spouse  or domestic
partner  under Section 6401, or the entire intestate estate if
there is no surviving spouse  or domestic partner  , passes
as follows:
   (a) To the issue of the decedent, the issue taking equally if they
are all of the same degree of kinship to the decedent, but if of
unequal degree those of more remote degree take in the manner
provided in Section 240.
   (b) If there is no surviving issue, to the decedent's parent or
parents equally.
   (c) If there is no surviving issue or parent, to the issue of the
parents or either of them, the issue taking equally if they are all
of the same degree of kinship to the decedent, but if of unequal
degree those of more remote degree take in the manner provided in
Section 240.
   (d) If there is no surviving issue, parent or issue of a parent,
but the decedent is survived by one or more grandparents or issue of
grandparents,  to the grandparent or grandparents equally, or to the
issue of  such   those  grandparents if
there is no surviving grandparent, the issue taking equally if they
are all of the same degree of kinship to the decedent, but if of
unequal degree those of more remote degree take in the manner
provided in Section 240.
   (e) If there is no surviving issue, parent or issue of a parent,
grandparent or issue of a grandparent, but the  decedent is survived
by the issue of a predeceased spouse, to  such  
that  issue, the issue taking equally if they are all of the
same degree of kinship to the predeceased spouse, but if of unequal
degree those of more remote degree take in the manner provided in
Section 240.
   (f) If there is no surviving issue, parent or issue of a parent,
grandparent or issue of a grandparent, or issue of a predeceased
spouse, but the decedent is  survived by next of kin, to the next of
kin in equal degree, but where there are two or more collateral
kindred in equal degree who claim through different ancestors, those
who claim through the nearest ancestor are preferred to those
claiming through an ancestor more remote.
   (g) If there is no surviving next of kin of the decedent and no
surviving issue of a predeceased spouse of the decedent, but the
decedent is survived by the parents of a predeceased spouse or the
issue of  such   those  parents, to the
parent or parents equally, or to the issue of  such 
 those  parents if both are deceased, the issue taking
equally if they are all of the same degree of kinship to the
predeceased spouse, but if of unequal degree those of more remote
degree take in the manner provided in Section 240.