Cal. Code Regs. tit. 18 § 13622

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 13622 - Transfers Effected by Probate Homestead

In the case of a homestead created by a probate court in accordance with the Probate Code:

(a) Community or Section 201.5 Property. If the homestead is set apart from community property or property to which Section 201.5 of the Probate Code is applicable for the use of a surviving souse or minor child, the setting apart of the homestead is subject to the law as a transfer of community property or Section 201.5 property to such spouse or minor child to the extent that the property is subject to the law. (See Revenue and Taxation Code Sections 13551 and 13555).

(b) Separate Property.

If the homestead is set apart from the separate property of a deceased spouse for the use of his or her surviving spouse or minor child, the setting apart of the property is subject to the law as a transfer to the surviving spouse or minor child. If the property set apart was bequeathed or devised by the decedent to a person other than his or her surviving spouse or minor child, the bequest or devise is also a transfer subject to the law. In determining the tax, if any, on such transfer, allowance will be made for the interest passing to the surviving spouse or child as a consequence of the setting apart of the homestead.

NOTE: Reference: Section 13622, Revenue and Taxation Code.

Cal. Code Regs. Tit. 18, § 13622