BILL NUMBER: AB 2216 CHAPTERED
BILL TEXT
CHAPTER 447
FILED WITH SECRETARY OF STATE SEPTEMBER 10, 2002
APPROVED BY GOVERNOR SEPTEMBER 10, 2002
PASSED THE ASSEMBLY AUGUST 22, 2002
PASSED THE SENATE AUGUST 20, 2002
AMENDED IN SENATE JUNE 29, 2002
AMENDED IN ASSEMBLY APRIL 25, 2002
INTRODUCED BY Assembly Member Keeley
(Coauthors: Assembly Members Koretz and Nation)
(Coauthor: Senator Escutia)
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, 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.
Effective July 1, 2003, this bill would extend this entitlement to
a decedent's domestic partner, as specified. This bill would also
make conforming and technical changes. The bill would further
require the Secretary of State to send to each registered domestic
partner who registered prior to January 1, 2003, a letter describing
changes in the law of intestate succession proposed by this bill and
the implication of those changes for domestic partners. The bill
would require the Secretary of State to provide a similar notice with
all requests for a Declaration of Domestic Partnership form on and
after January 1, 2003, and to make that notice available on the
Internet.
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 surviving domestic partner, as defined in subdivision (b)
of Section 37, 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 surviving
domestic partner, as defined in subdivision (b) of Section 37, 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 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 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 those parents, to the parent or parents equally, or to the
issue of 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.
SEC. 3. (a) On or before March 1, 2003, the Secretary of State
shall send the following letter to the mailing address on file of
each registered domestic partner who registered prior to January 1,
2003:
"Dear Registered Domestic Partner:
This letter is being sent to all persons who have registered with
the Secretary of State as a domestic partner.
As of July 1, 2003, California's law of intestate succession will
change. The intestate succession law specifies what happens to a
person's property when that person dies without a will, trust, or
other estate plan.
Under existing law, if a domestic partner dies without a will,
trust, or other estate plan, a surviving domestic partner cannot
inherit any of the deceased partner's separate property. Instead,
surviving relatives, including, for example, children, brothers,
sisters, nieces, nephews, or parents may inherit the deceased partner'
s separate property.
Under the law to take effect July 1, 2003, if a domestic partner
dies without a will, trust, or other estate plan, the surviving
domestic partner will inherit the deceased partner's separate
property in the same manner as a surviving spouse. This change will
mean that the surviving domestic partner would inherit a third, a
half, or all of the deceased partner's separate property, depending
on whether the deceased domestic partner has surviving children or
other relatives. This change does not affect any community or
quasi-community property that the deceased partner may have had.
This change in the intestate succession law will not affect you if
you have a will, trust, or other estate plan.
If you do not have a will, trust, or other estate plan and you do
not wish to have your domestic partner inherit your separate property
in the manner provided by the revised law, you may prepare a will,
trust, or other estate plan, or terminate your domestic partnership.
Under existing law, your domestic partnership is automatically
terminated if you or your partner married or died while you were
registered as domestic partners. It is also terminated by you
sending your partner or your partner sending to you by certified mail
a notice terminating the domestic partnership, or by you and your
partner no longer sharing a common residence. In all cases, you are
required to file a Notice of Termination of Domestic Partnership with
the Secretary of State in order to establish the actual date of
termination of the domestic partnership. You can obtain a Notice of
Termination of Domestic Partnership from the Secretary of State's
office.
If your domestic partnership has terminated because you sent your
partner or your partner sent to you a notice of termination of your
domestic partnership, you must immediately file a Notice of
Termination of Domestic Partnership. If you do not file that notice,
your former domestic partner may inherit under the new law.
However, if your domestic partnership has terminated because you or
your partner married or you and your partner no longer share a common
residence, neither you nor your former partner may inherit from the
other under this new law.
If you have any questions about this change, please consult an
estate planning attorney. If you cannot find an estate planning
attorney in your locale, please contact your county bar association
for a referral.
Sincerely,
The Secretary of State"
(b) Beginning on January 1, 2003, the Secretary of State shall
provide the following notice with all requests for the Declaration of
Domestic Partnership form. The Secretary of State shall also attach
the notice to the Declaration of Domestic Partnership form that is
provided to the general public on the Secretary of State's Web site:
"NOTICE TO POTENTIAL DOMESTIC PARTNER REGISTRANTS
As of July 1, 2003, California's law of intestate succession will
change. The intestate succession law specifies what happens to a
person's property when that person dies without a will, trust, or
other estate plan.
Under the law prior to July 1, 2003, if a domestic partner dies
without a will, trust, or other estate plan, a surviving domestic
partner cannot inherit any of the deceased partner's separate
property. Instead, surviving relatives, including, for example,
children, brothers, sisters, nieces, nephews, or parents may inherit
the deceased partner's separate property.
Under the law to take effect July 1, 2003, if a domestic partner
dies without a will, trust, or other estate plan, the surviving
domestic partner will inherit the deceased partner's separate
property in the same manner as a surviving spouse. This change will
mean that the surviving domestic partner would inherit a third, a
half, or all of the deceased partner's separate property, depending
on whether the deceased domestic partner has surviving children or
other relatives. This change does not affect any community or
quasi-community property that the deceased partner may have had.
This change in the intestate succession law will not affect you if
you have a will, trust, or other estate plan.
If you do not have a will, trust, or other estate plan, and you do
not wish to have your domestic partner inherit your separate
property in the manner provided by the revised law, you may prepare a
will, trust, or other estate plan, or terminate your domestic
partnership.
Under existing law, your domestic partnership is automatically
terminated if you or your partner married or died while you were
registered as domestic partners. It is also terminated by you
sending your partner or your partner sending to you by certified mail
a notice terminating the domestic partnership, or by you and your
partner no longer sharing a common residence. In all cases, you are
required to file a Notice of Termination of Domestic Partnership with
the Secretary of State in order to establish the actual date of
termination of the domestic partnership. You can obtain a Notice of
Termination of Domestic Partnership from the Secretary of State's
office.
If your domestic partnership has terminated because you sent your
partner or your partner sent to you a notice termination of your
domestic partnership, you must immediately file a Notice of
Termination of Domestic Partnership. If you do not file that notice,
your former domestic partner may inherit under the new law.
However, if your domestic partnership has terminated because you or
your partner married or you and your partner no longer share a common
residence, neither you nor your former partner may inherit from the
other under this new law.
If you have any questions about this change, please consult an
estate planning attorney. If you cannot find an estate planning
attorney in your locale, please contact your county bar association
for a referral."
SEC. 4. The provisions of Sections 1 and 2 of this act shall
become operative on July 1, 2003.