Legal Question in Wills and Trusts in California

If there is not enough money in estate to pay all bequests, what order should they be paid out in?


Asked on 7/29/15, 9:22 am

1 Answer from Attorneys

Len Tillem Tillem McNichol & Brown

This is the order of priority in which gifts aren't made (the reverse is the order in which gifts are fulfilled first - unless the will or trust says otherwise.

Probate Code �21402. (a) Shares of beneficiaries abate in the following order:

(1) Property not disposed of by the instrument.

(2) Residuary gifts.

(3) General gifts to persons other than the transferor's

relatives.

(4) General gifts to the transferor's relatives.

(5) Specific gifts to persons other than the transferor's

relatives.

(6) Specific gifts to the transferor's relatives.

(b) For purposes of this section, a "relative" of the transferor

is a person to whom property would pass from the transferor under

Section 6401 or 6402 (intestate succession) if the transferor died

intestate and there were no other person having priority.

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Answered on 7/29/15, 9:46 am


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