BILL NUMBER: AB 2047	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Steinberg

                        FEBRUARY 18, 2000

   An act to amend Section 299.5 of the Family Code, and to amend
Sections 6401 and 6402 of, and to add Section 37 to, the Probate
Code, relating to intestate succession.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2047, as introduced, Steinberg.  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 that entitlement to a decedent's domestic
partner, as defined.
   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 299.5 of the Family Code is amended to read:
   299.5.  (a) The obligations that two people have to each other as
a result of creating a domestic partnership are those described in
Section 297.  Registration as a domestic partner under this division
shall not be evidence of, or establish, any rights existing under law
other than those expressly provided to domestic partners in this
division  and   ,  Section 1261 of the
Health and Safety Code  , and Section 6401 of the Probate Code
 .
   The provisions relating to domestic partners provided in this
division  and   ,  Section 1261 of the
Health and Safety Code  , and Section 6401 of the Probate Code
 shall not diminish any right under any other provision of law.

   (b) Upon the termination of a domestic partnership, the partners,
from that time forward, shall incur none of the obligations to each
other as domestic partners that are created by this division and
Section 1261 of the Health and Safety Code.
   (c) The filing of a Declaration of Domestic Partnership pursuant
to this division shall not change the character of property, real or
personal, or any interest in any real or personal property owned by
either domestic partner or both of them prior to the date of filing
of the declaration.
   (d) The filing of a Declaration of Domestic Partnership pursuant
to this division shall not, in and of itself, create any interest in,
or rights to, any property, real or personal, owned by one partner
in the other partner, including, but not limited to, rights similar
to community property or quasi-community property.
   (e) Any property or interest acquired by the partners during the
domestic partnership where title is shared shall be held by the
partners in proportion of interest assigned to each partner at the
time the property or interest was acquired unless otherwise expressly
agreed in writing by both parties.  Upon termination of the domestic
partnership, this subdivision shall govern the division of any
property jointly acquired by the partners.
   (f) The formation of a domestic partnership under this division
shall not change the individual income or estate tax liability of
each domestic partner prior to and during the partnership, unless
otherwise provided under another state or federal law or regulation.

  SEC. 2.  Section 37 is added to the Probate Code, to read:
   37.  "Domestic partner" means one of two persons who have filed a
Declaration of Domestic Partnership with the Secretary of State
pursuant to Division 2.5 (commencing with Section 297) of the Family
Code, provided that the domestic partnership has not been terminated
pursuant to Section 299 of the Family Code.
  SEC. 3.  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. 4.  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.