Prob. Code, § 6604 · Chapter 6. Small Estate Set-Aside
Prob. Code, § 6604
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The petition shall allege that this chapter applies and request that an order be made setting aside the estate of the decedent as provided in this chapter.
(b) The petition shall include the following:
(1) If proceedings for administration of the estate are not pending, the facts necessary to determine the county in which the estate of the decedent may be administered.
(2) The name, age, address, and relation to the decedent of each heir and devisee of the decedent, so far as known to the petitioner.
(3) A specific description and estimate of the value of the decedent’s estate and a list of all liens and encumbrances at the date of death.
(4) A specific description and estimate of the value of any of the decedent’s real property located outside this state that passed to the surviving spouse and minor children of the decedent, or any one or more of them, under the will of the decedent or by intestate succession.
(5) A specific description and estimate of the value of any of the decedent’s property described in subdivision (b) of Section 6600 that passed to the surviving spouse and minor children of the decedent, or any one or more of them, upon the death of the decedent.
(6) A designation of any property as to which a probate homestead is set apart out of the decedent’s estate under Section 6520.
(7) A statement of any unpaid liabilities for expenses of the last illness, funeral charges, and expenses of administration.
(8) The requested disposition of the estate of the decedent under this chapter and the considerations that justify the requested disposition.
Notes and commentary — not statutory text
History
Enacted by Stats. 1990, Ch. 79.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=6604.
- Text hash
- sha256 aa244c8912d6ed802897f5005dc486252f8966b784720d454c0e19c2f9501ee9
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
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