Passage of Community Property to Surviving Spouse

Without Administration; Surviving Spouse's Election of Administration.

(a)Except as provided in Section 1003 of this Title, when a married person dies intestate, or dies testate and by valid will leaves all of his interest in the community property to the surviving spouse, such interest passes to the surviving spouse subject to the provisions of Sections 1007 and 1009 of this Title, and no administration thereon shall be necessary.

(b)Notwithstanding the provisions of subsection

(a)of this Section, upon the election of the surviving spouse or the personal representative or the guardian of the estate of the surviving spouse, the interest of the deceased spouse in the community property or both the interest of the deceased spouse and the surviving spouse in the community property may be administered under the provisions of Division 3 of this Title. The election provided for herein must be made within four

(4)months after the issuance of letters testamentary or of administration, by a writing filed in the proceedings for the administration of the estate of the deceased spouse and prior to the entry of a decree under Section 3037 of this Title.

(c)Notwithstanding the provisions of subsections

(a)and

(b)of this Section, the surviving spouse or the personal representative or the guardian of the estate of the surviving spouse may file an election and agreement in the proceedings for the administration of the estate of the deceased spouse to have all or part of the interest of the surviving spouse COL120106 CH. 10 SUCCESSION TO COMMUNITY PROPERTY in the community property transferred by the surviving spouse to the trustee under the will of the deceased spouse or the trustee of an existing trust identified by the will of the deceased spouse, to be administered and distributed by the trustee. The election and agreement must be filed before the entry of the decree of final distribution in the proceedings.