California Code
Probate Code - PROB
DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS

PART 1 - PRELIMINARY PROVISIONS

Section 1. - 1. This code shall be known as the Probate Code....

Section 2. - 2. (a) A provision of this code, insofar as it...

Section 3. - 3. (a) As used in this section: (1) “New law”...

Section 4. - 4. Division, part, chapter, article, and section headings do not...

Section 5. - 5. If a notice or other communication is required by...

Section 6. - 6. Unless the provision or context otherwise requires, the general...

Section 7. - 7. Whenever a reference is made to any portion of...

Section 8. - 8. Unless otherwise expressly stated: (a) “Division” means a division...

Section 9. - 9. The present tense includes the past and future tenses,...

Section 10. - 10. The singular number includes the plural, and the plural,...

Section 11. - 11. If any provision or clause of this code or...

Section 12. - 12. “Shall” is mandatory and “may” is permissive. (Enacted by...

Section 13. - 13. (a) The degree of kinship or consanguinity between two...

PART 2 - DEFINITIONS

Section 20. - 20. Unless the provision or context otherwise requires, the definitions...

Section 21. - 21. “Account,” when used to mean a contract of deposit...

Section 22. - 22. “Account in an insured credit union” means a share...

Section 23. - 23. (a) “Account in an insured savings and loan association”...

Section 24. - 24. “Beneficiary” means a person to whom a donative transfer...

Section 26. - 26. “Child” means any individual entitled to take as a...

Section 28. - 28. “Community property” means: (a) Community property heretofore or hereafter...

Section 29. - 29. “Conservatee” includes a limited conservatee. (Enacted by Stats. 1990,...

Section 30. - 30. “Conservator” includes a limited conservator. (Enacted by Stats. 1990,...

Section 32. - 32. “Devise,” when used as a noun, means a disposition...

Section 34. - 34. (a) “Devisee” means any person designated in a will...

Section 36. - 36. “Dissolution of marriage” includes divorce. (Enacted by Stats. 1990,...

Section 37. - 37. (a) “Domestic partner” means one of two persons who...

Section 38. - 38. “Family allowance” means an allowance provided for in Chapter...

Section 39. - 39. “Fiduciary” means personal representative, trustee, guardian, conservator, attorney-in-fact under...

Section 40. - 40. “Financial institution” means a state or national bank, state...

Section 42. - 42. “General personal representative” is defined in subdivision (b) of...

Section 44. - 44. “Heir” means any person, including the surviving spouse, who...

Section 45. - 45. “Instrument” means a will, a document establishing or modifying...

Section 46. - 46. “Insured account in a financial institution” means an account...

Section 48. - 48. (a) Subject to subdivision (b), “interested person” includes any...

Section 50. - 50. “Issue” of a person means all his or her...

Section 52. - 52. “Letters”: (a) As it relates to a personal representative,...

Section 54. - 54. “Parent” means any individual entitled to take as a...

Section 55. - 55. “Pay-on-death account” or “P.O.D. account” is defined in Section...

Section 56. - 56. “Person” means an individual, corporation, government or governmental subdivision...

Section 58. - 58. (a) “Personal representative” means executor, administrator, administrator with the...

Section 59. - 59. “Predeceased spouse” means a person who died before the...

Section 60. - 60. “Probate homestead” means a homestead provided for in Chapter...

Section 60.1. - 60.1. (a) “Professional fiduciary” means a person who is a...

Section 62. - 62. “Property” means anything that may be the subject of...

Section 66. - 66. “Quasi-community property” means the following property, other than community...

Section 68. - 68. “Real property” includes a leasehold interest in real property....

Section 69. - 69. “Revocable transfer on death deed” or “revocable TOD deed”...

Section 70. - 70. “Security” includes any note, stock, treasury stock, bond, debenture,...

Section 72. - 72. “Spouse” includes domestic partner, as defined in Section 37...

Section 74. - 74. “State” includes any state of the United States, the...

Section 76. - 76. A “subscribing witness” to a will means a witness...

Section 78. - 78. “Surviving spouse” does not include any of the following:...

Section 80. - 80. “Totten trust account” means an account in the name...

Section 81. - 81. “Transferor” means the testator, settlor, grantor, owner, or other...

Section 81.5. - 81.5. “Transferee” means the beneficiary, donee, or other recipient of...

Section 82. - 82. (a) “Trust” includes the following: (1) An express trust,...

Section 83. - 83. “Trust company” means an entity that has qualified to...

Section 84. - 84. “Trustee” includes an original, additional, or successor trustee, whether...

Section 86. - 86. “Undue influence” has the same meaning as defined in...

Section 88. - 88. “Will” includes codicil and any testamentary instrument which merely...