($112,500); Authority to Set Aside. If the decedent leaves a surviving spouse or minor child or minor children, and the net value of the whole estate, over and above all liens and encumbrances at the date of death and over and above the value
COL 2025-08-27
of any homestead interest set apart out of the decedent’s estate under the provisions of §§ 2401 or 2409 of this Title, does not exceed the sum of One Hundred Twelve Thousand Five Hundred Dollars ($112,500), the same may be set aside to the surviving spouse, if there be one, and if there be none, then to the minor child or minor children of the decedent. SOURCE: California Probate Code, § 640 (as amended). Amended by P.L. 33-213:3 (Dec. 15, 2016), P.L. 38-014:3 (June 17, 2025). COMMENT: Section 3109, and the remaining Sections in this subchapter, replace §§ 640-649 of the Probate Code of Guam (1970). The California versions of the corresponding statutes have been extensively reworked since their original adoption in 1931, and they now provide a far more workable – and much fairer – scheme than that included in the Probate Code of Guam (1970).