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Chapter 3. Omitted Children of California Probate Code >> Division 11. >> Part 6. >> Chapter 3.
Except as provided in Section 21621, if a decedent fails to
provide in a testamentary instrument for a child of decedent born or
adopted after the execution of all of the decedent's testamentary
instruments, the omitted child shall receive a share in the decedent'
s estate equal in value to that which the child would have received
if the decedent had died without having executed any testamentary
instrument.
A child shall not receive a share of the estate under
Section 21620 if any of the following is established:
(a) The decedent's failure to provide for the child in the decedent's testamentary instruments was intentional and that intention appears from the testamentary instruments.
(b) The decedent had one or more children and devised or otherwise directed the disposition of substantially all the estate to the other parent of the omitted child.
(c) The decedent provided for the child by transfer outside of the estate passing by the decedent's testamentary instruments and the intention that the transfer be in lieu of a provision in said instruments is show by statements of the decedent or from the amount of the transfer or by other evidence.
(a) The decedent's failure to provide for the child in the decedent's testamentary instruments was intentional and that intention appears from the testamentary instruments.
(b) The decedent had one or more children and devised or otherwise directed the disposition of substantially all the estate to the other parent of the omitted child.
(c) The decedent provided for the child by transfer outside of the estate passing by the decedent's testamentary instruments and the intention that the transfer be in lieu of a provision in said instruments is show by statements of the decedent or from the amount of the transfer or by other evidence.
If, at the time of the execution of all of decedent's
testamentary instruments effective at the time of decedent's death,
the decedent failed to provide for a living child solely because the
decedent believed the child to be dead or was unaware of the birth of
the child, the child shall receive a share in the estate equal in
value to that which the child would have received if the decedent had
died without having executed any testamentary instruments.
(a) Except as provided in subdivision (b), in satisfying a
share provided by this chapter:
(1) The share will first be taken from the decedent's estate not disposed of by will or trust, if any.
(2) If that is not sufficient, so much as may be necessary to satisfy the share shall be taken from all beneficiaries of decedent's testamentary instruments in proportion to the value they may respectively receive. The proportion of each beneficiary's share that may be taken pursuant to this subdivision shall be determined based on values as of the date of the decedent's death.
(b) If the obvious intention of the decedent in relation to some specific gift or devise or other provision of a testamentary instrument would be defeated by the application of subdivision (a), the specific devise or gift or provision of a testamentary instrument may be exempted from the apportionment under subdivision (a), and a different apportionment, consistent with the intention of the decedent, may be adopted.
(1) The share will first be taken from the decedent's estate not disposed of by will or trust, if any.
(2) If that is not sufficient, so much as may be necessary to satisfy the share shall be taken from all beneficiaries of decedent's testamentary instruments in proportion to the value they may respectively receive. The proportion of each beneficiary's share that may be taken pursuant to this subdivision shall be determined based on values as of the date of the decedent's death.
(b) If the obvious intention of the decedent in relation to some specific gift or devise or other provision of a testamentary instrument would be defeated by the application of subdivision (a), the specific devise or gift or provision of a testamentary instrument may be exempted from the apportionment under subdivision (a), and a different apportionment, consistent with the intention of the decedent, may be adopted.
