California Probate Code § 11950 is the California probate statute that allows two or more beneficiaries who are entitled to undivided interests in estate property to petition the court for a partition, allotment, or other division of that property. This statute ensures that co-beneficiaries can equitably divide estate property subject to administration and avoid the distribution of undivided interests. The statute provides that:
(a) If two or more beneficiaries are entitled to the distribution of undivided interests in property and have not agreed among themselves to a partition, allotment, or other division of the property, any of them, or the personal representative at the request of any of them, may petition the court to make a partition, allotment, or other division of the property that will be equitable and will avoid the distribution of undivided interests.
(b) A proceeding under this chapter is limited to interests in the property that are subject to administration and does not include other interests except to the extent the owners of other interests in the property consent to be bound by the partition, allotment, or other division.
This section provides a mechanism for beneficiaries of an estate to equitably divide or allocate property before distribution, ensuring that the court can prevent disputes over jointly held estate assets.
Law Revision Commission Comments
The Law Revision Commission comments to Probate Code § 11950 provide as follows:
1990 Enactment
Section 11950 continues Section 11950 of the repealed Probate Code without change. Both real and personal property are subject to division under this chapter. See Section 62 (“property” defined). The partition may affect only interests in the property that are subject to administration. It should be noted that partitioned property may not be distributed except under the general provisions for distribution.
Background on Section 11950 of Repealed Code
Section 11950 was added by 1988 Cal.Stat. ch. 1199 § 91.5. The section restated former Probate Code Section 1100 (repealed by 1988 Cal.Stat. ch. 1199 § 57), making clear that the partition may affect only interests in the property that are subject to administration. For background on the provisions of this part, see the Comment to this part under the part heading. [20 Cal.L.Rev.Comm.Reports 1001 (1990)].
Relationship Between Probate Code § 11950 and Partition Actions
Although Probate Code § 11950 appears in the Probate Code rather than the Code of Civil Procedure, it serves a similar purpose to California’s partition statutes (CCP §§ 872.010 et seq.). Section 11950 specifically authorizes beneficiaries—as opposed to co-owners—to seek judicial division of estate property before distribution.
By limiting the proceeding to property “subject to administration,” this statute ensures that partition actions involving estate assets are handled within the probate proceeding itself, preventing conflicting rulings or multiple lawsuits. Once the estate is distributed and title vests in the beneficiaries, future disputes would instead fall under the traditional partition statutes.
Talkov Law Partition Attorneys Can Help
If you are a beneficiary or heir who jointly owns inherited property and wishes to divide or sell your share, Talkov Law Partition Attorneys have experience to help you through probate co-ownership disputes. Our team has successfully resolved hundreds of real property partition and inheritance disputes across California, ensuring fair outcomes for co-owners and beneficiaries alike.
Call (877) PARTITION (727-8484) or contact us online today to speak with California’s leading property division law firm.
