Section 13656 Of Chapter 5. Determination Or Confirmation Of Property Passing Or Belonging To Surviving Spouse From California Probate Code >> Division 8. >> Part 2. >> Chapter 5.
13656
. (a) If the court finds that all of the estate of the
deceased spouse is property passing to the surviving spouse, the
court shall issue an order describing the property, determining that
the property is property passing to the surviving spouse, and
determining that no administration is necessary. The court may issue
any further orders which may be necessary to cause delivery of the
property or its proceeds to the surviving spouse.
(b) If the court finds that all or part of the estate of the
deceased spouse is not property passing to the surviving spouse, the
court shall issue an order (1) describing any property which is not
property passing to the surviving spouse, determining that that
property does not pass to the surviving spouse and determining that
that property is subject to administration under this code and (2)
describing the property, if any, which is property passing to the
surviving spouse, determining that that property passes to the
surviving spouse, and determining that no administration of that
property is necessary. If the court determines that property passes
to the surviving spouse, the court may issue any further orders which
may be necessary to cause delivery of that property or its proceeds
to the surviving spouse.
(c) If the petition filed under this chapter includes a
description of the interest of the surviving spouse in the community
or quasi-community property, or both, which belongs to the surviving
spouse pursuant to Section 100 or 101 and the court finds that the
interest belongs to the surviving spouse, the court shall issue an
order describing the property and confirming the ownership of the
surviving spouse and may issue any further orders which may be
necessary to cause ownership of the property to be confirmed in the
surviving spouse.