Cal. Rules of Court, rule 7.652 · Chapter 14. Preliminary and Final Distributions
Allegations in petition for distribution concerning character of property
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Required allegations
If the character of property to be distributed may affect the distribution, a petition for distribution must allege:
(1) The character of the property to be distributed, whether separate, community, or quasi-community; and
(2) That the community or quasi-community property to be distributed is either the decedent's one-half interest only, or the entire interest of the decedent and the decedent's spouse.
(b) Compliance with Probate Code section 13502
If any property is to be distributed outright to the surviving spouse, a written election by the surviving spouse that complies with Probate Code section 13502 must have been filed, and the petition must show the filing date of the election.
Notes and commentary — not rule text
History
Rule 7.652 adopted effective January 1, 2004.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/seven/rule7_652
- Text hash
- sha256 fbc2d191b3e030cec708f4f57de111ada9e3c933b07417faf2ea37b6c0698e1b
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.