
Contents
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SECTION A: BRIEF SURVEY OF THE LOCAL SYSTEM SECTION A: BRIEF SURVEY OF THE LOCAL SYSTEM
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1. Type of System 1. Type of System
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2. Wills 2. Wills
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3. Intestacy 3. Intestacy
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4. Freedom of Testation 4. Freedom of Testation
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5. Maintenance 5. Maintenance
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6. Community Property between Spouses and Partners 6. Community Property between Spouses and Partners
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7. Joint Property 7. Joint Property
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8. Gifts (Inter Vivos) 8. Gifts (Inter Vivos)
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9. Capacity 9. Capacity
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10. Authority (Court, Notarial, or Other) 10. Authority (Court, Notarial, or Other)
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11. Invalidity of a Will 11. Invalidity of a Will
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12. Simultaneous Deaths 12. Simultaneous Deaths
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13. Presumption of Death 13. Presumption of Death
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14. Estate Taxes 14. Estate Taxes
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15. Administration of Estates 15. Administration of Estates
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16. Domicile/Nationality 16. Domicile/Nationality
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17. Charitable Giving 17. Charitable Giving
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SECTION B: APPLICABLE LAW/PROCEDURE WHERE FOREIGN ELEMENTS ARE INVOLVED SECTION B: APPLICABLE LAW/PROCEDURE WHERE FOREIGN ELEMENTS ARE INVOLVED
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1. Jurisdiction 1. Jurisdiction
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2. Applicable Law 2. Applicable Law
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3. Foreign Succession/Inheritance Orders 3. Foreign Succession/Inheritance Orders
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4. Two or More Succession or Probate Orders 4. Two or More Succession or Probate Orders
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5. Assets 5. Assets
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6. Expert Evidence 6. Expert Evidence
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7. Unity of Succession 7. Unity of Succession
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8. Formalities 8. Formalities
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9. The Hague Convention 9. The Hague Convention
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10. Wills 10. Wills
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11. Domicile/Nationality 11. Domicile/Nationality
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12. Taxation 12. Taxation
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Cite
Abstract
This chapter explains the common law legal system of California. In California, the term 'probate' is used to describe the court-supervised process for identifying and gathering the decedent's assets, determining the validity of wills, identifying intestate heirs, paying applicable taxes, claims, and expenses, and distributing assets to beneficiaries. The chapter then begins by analyzing the amendment, revocation, and revival of wills in California. It emphasizes that wills must be in writing and signed at the end by the testator/trix in the presence of at least two witnesses, both of whom must sign the will in the presence of each other and the testator/trix. The chapter also elaborates on the order of succession in cases of intestacy, noting that if a person dies leaving an estate without being survived by any person entitled to a part of it, the estate escheats to the State of California. Ultimately, this chapter looks at the rights of adopted children, children born out of wedlock, and half-siblings. It also reviews the community property between husband and wife as well as the right of survivorship.
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