Does the law of intestacy preclude a common law claim for child support from the estate of the deceased father?

But the law of intestacy is distinct from child support law, as revealed by an examination of the relevant history and purposes of intestate succession law. "At common law the court had no power to direct the payment of money out of the estate of a deceased person for the support and education of his family, to the exclusion of his creditors or heirs at law. Such power to do so as the court now has comes entirely from the statute." ( In re Estate of McSwain (1917) 176 Cal. 280, 283, 168 P. 117 ; see Jacobs v. Gerecht (1970) 6 Cal.App.3d 808, 86 Cal.Rptr. 217 [affirming trial court's sustaining of demurrer to complaint alleging common law claim for child support against decedent father's estate].) The only statutory provisions for support of a minor child by a decedent's estate are found in: (1) section 6540, subdivision (a)(2), providing for a family allowance during administration of the probate estate; and (2) Family Code section 3952, providing that where "a parent chargeable with the support of a child dies leaving the child chargeable to the county," the county "may claim provision for the child's support from the parent's estate."