SECTIONS 12000-12007 - California Statutes

PROBATE CODE

SECTION 12000-12007

12000. The provisions of this chapter apply where the intention of
the testator is not otherwise indicated by the will.

12001. If interest is payable under this chapter, the rate of
interest is three percentage points less than the legal rate on
judgments in effect one year after the date of the testator's death
and shall not be recomputed in the event of a change in the
applicable rate thereafter.

12002. (a) Except as provided in this section, a specific devise
does not bear interest.
(b) A specific devise carries with it income on the devised
property from the date of death, less expenses attributable to the
devised property during administration of the estate. For purposes of
this section, expenses attributable to property are expenses that
result directly from the use or ownership of the property, including
property tax and tax on the income from the property, but excluding
estate and generation-skipping transfer taxes.
(c) If income of specifically devised property is not sufficient
to pay expenses attributable to the property, the deficiency shall be
paid out of the estate until the property is distributed to the
devisee or the devisee takes possession of or occupies the property,
whichever occurs first. To the extent a deficiency paid out of the
estate is attributable to the period that commences one year after
the testator's death, whether paid during or after expiration of the
one year period following the date of death, the amount paid is a
charge against the share of the devisee, and the personal
representative has an equitable lien on the specifically devised
property as against the devisee in the amount paid.
(d) If specifically devised property is sold during administration
of the estate, the devisee is entitled to the net income from the
property until the date of sale, and to interest on the net sale
proceeds thereafter, but no interest accrues during the first year
after the testator's death.

12003. If a general pecuniary devise, including a general pecuniary
devise in trust, is not distributed within one year after the
testator's death, the devise bears interest thereafter.

12004. (a) An annuity commences at the testator's death and shall
be paid at the end of the annual, monthly, or other specified period.
(b) If an annuity is not paid at the end of the specified period,
it bears interest thereafter, but no interest accrues during the
first year after the testator's death.

12005. A devisee of a devise for maintenance is entitled to
interest on the amount of any unpaid accumulations of the payments
held by the personal representative on each anniversary of the
testator's death, computed from the date of the anniversary.

12006. Net income received during administration not paid under
other provisions of this chapter and not otherwise devised shall be
distributed pro rata as income among all distributees who receive
either residuary or intestate property. If a distributee takes for
life or for a term of years, the pro rata share of income belongs to
the tenant for life or for the term of years.

12007. This chapter does not apply in cases where the decedent died
before July 1, 1989. In cases where the decedent died before July 1,
1989, the applicable law in effect before July 1, 1989, continues to
apply.