SECTIONS 13050-13054 - California Statutes

PROBATE CODE

SECTION 13050-13054

13050. (a) For the purposes of this part:
(1) Any property or interest or lien thereon which, at the time of
the decedent's death, was held by the decedent as a joint tenant, or
in which the decedent had a life or other interest terminable upon
the decedent's death, or which was held by the decedent and passed to
the decedent's surviving spouse pursuant to Section 13500, shall be
excluded in determining the property or estate of the decedent or its
value. This excluded property shall include, but not be limited to,
property in a trust revocable by the decedent during his or her
lifetime.
(2) A multiple-party account to which the decedent was a party at
the time of the decedent's death shall be excluded in determining the
property or estate of the decedent or its value, whether or not all
or a portion of the sums on deposit are community property, to the
extent that the sums on deposit belong after the death of the
decedent to a surviving party, P.O.D. payee, or beneficiary. For the
purposes of this paragraph, the terms "multiple-party account,"
"party," "P.O.D. payee," and "beneficiary" are defined in Article 2
(commencing with Section 5120) of Chapter 1 of Part 2 of Division 5.
(b) For the purposes of this part, all of the following property
shall be excluded in determining the property or estate of the
decedent or its value:
(1) Any vehicle registered under Division 3 (commencing with
Section 4000) of the Vehicle Code or titled under Division 16.5
(commencing with Section 38000) of the Vehicle Code.
(2) Any vessel numbered under Division 3.5 (commencing with
Section 9840) of the Vehicle Code.
(3) Any manufactured home, mobilehome, commercial coach, truck
camper, or floating home registered under Part 2 (commencing with
Section 18000) of Division 13 of the Health and Safety Code.
(c) For the purposes of this part, the value of the following
property shall be excluded in determining the value of the decedent's
property in this state:
(1) Any amounts due to the decedent for services in the armed
forces of the United States.
(2) The amount, not exceeding five thousand dollars ($5,000), of
salary or other compensation, including compensation for unused
vacation, owing to the decedent for personal services from any
employment.

13051. For the purposes of this part:
(a) The guardian or conservator of the estate of a person entitled
to any of the decedent's property may act on behalf of the person
without authorization or approval of the court in which the
guardianship or conservatorship proceeding is pending.
(b) The trustee of a trust may act on behalf of the trust. In the
case of a trust that is subject to continuing jurisdiction of the
court pursuant to Chapter 4 (commencing with Section 17300) of Part 5
of Division 9, the trustee may act on behalf of the trust without
the need to obtain approval of the court.
(c) If the decedent's will authorizes a custodian under the
Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of
any state to receive a devise to a beneficiary, the custodian may
act on behalf of the beneficiary until such time as the custodianship
terminates.
(d) A sister state personal representative may act on behalf of
the beneficiaries as provided in Chapter 3 (commencing with Section
12570) of Part 13 of Division 7.
(e) The attorney in fact authorized under a durable power of
attorney may act on behalf of the beneficiary giving the power of
attorney.

13052. In making an appraisal for the purposes of this part, the
probate referee shall use the date of the decedent's death as the
date of valuation of the property.

13053. (a) Except as provided in subdivision (b), this part applies
whether the decedent died before, on, or after July 1, 1987.
(b) This part does not apply and the law in effect at the time of
payment, delivery, or transfer shall apply if the payment, delivery,
or transfer was made prior to July 1, 1987, pursuant to former
Probate Code Sections 630 to 632, inclusive, repealed by Chapter 783
of the Statutes of 1986.

13054. A reference in any statute of this state or in a written
instrument, including a will or trust, to a provision of former
Sections 630 to 632, inclusive, repealed by Chapter 783, Statutes of
1986, shall be deemed to be a reference to the comparable provisions
of Chapter 3 (commencing with Section 13100).