Rule 7.652. Allegations in petition for distribution concerning character of property
Cal. Rules of Court, rule 7.652
Current text effective January 1, 2004.
#(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.
#History
Rule 7.652 adopted effective January 1, 2004.
What this rule requires
Document Filing Requirements
(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.
a written election by the surviving spouse that complies with Probate Code section 13502 must have been filed
the petition must show the filing date of the election.
Official text: courts.ca.gov , checked October 19, 2026.