Section § 260

Explanation

This law section states that, unless there's a specific reason not to, the definitions provided in this chapter should be used to interpret the rest of this part of the code.

Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.

Section § 262

Explanation

The term 'Beneficiary' refers to someone who has the right to receive an inheritance or interest in an estate, but they can choose to refuse it.

“Beneficiary” means the person entitled, but for the person’s disclaimer, to take an interest.

Section § 263

Explanation

This law section explains who is considered the "creator of the interest" in various legal contexts. The "creator of the interest" refers to anyone who establishes or initiates a legal claim or asset. Depending on the situation, this can mean different people. For example, if someone dies without a will, they are considered the creator of the interest in that inheritance; in a will, it's the person who wrote it. In trusts, it's the settlor, and for life insurance or annuities, it's typically the policy owner. Other creators can include donors of gifts, deceased joint tenants, or owners of employee benefit plans and retirement accounts.

(a)CA Probate Code § 263(a) “Creator of the interest” means a person who establishes, declares, creates, or otherwise brings into existence an interest.
(b)CA Probate Code § 263(b) “Creator of the interest” includes, but is not limited to, the following:
(1)CA Probate Code § 263(b)(1) With respect to an interest created by intestate succession, the person dying intestate.
(2)CA Probate Code § 263(b)(2) With respect to an interest created under a will, the testator.
(3)CA Probate Code § 263(b)(3) With respect to an interest created under a trust, the settlor.
(4)CA Probate Code § 263(b)(4) With respect to an interest created by succession to a disclaimed interest, the disclaimant of the disclaimed interest.
(5)CA Probate Code § 263(b)(5) With respect to an interest created by virtue of an election to take against a will, the testator.
(6)CA Probate Code § 263(b)(6) With respect to an interest created by creation of a power of appointment, the donor.
(7)CA Probate Code § 263(b)(7) With respect to an interest created by exercise or nonexercise of a power of appointment, the donee.
(8)CA Probate Code § 263(b)(8) With respect to an interest created by an inter vivos gift, the donor.
(9)CA Probate Code § 263(b)(9) With respect to an interest created by surviving the death of a depositor of a Totten trust account or P.O.D. account, the deceased depositor.
(10)CA Probate Code § 263(b)(10) With respect to an interest created under an insurance or annuity contract, the owner, the insured, or the annuitant.
(11)CA Probate Code § 263(b)(11) With respect to an interest created by surviving the death of another joint tenant, the deceased joint tenant.
(12)CA Probate Code § 263(b)(12) With respect to an interest created under an employee benefit plan, the employee or other owner of an interest in the plan.
(13)CA Probate Code § 263(b)(13) With respect to an interest created under an individual retirement account, annuity, or bond, the owner.

Section § 264

Explanation

This section defines a 'disclaimant' as either a beneficiary who chooses to reject an inheritance or someone who does so on the beneficiary's behalf.

“Disclaimant” means a beneficiary who executes a disclaimer on his or her own behalf or a person who executes a disclaimer on behalf of a beneficiary.

Section § 265

Explanation

A "disclaimer" is a written statement where someone gives up their right to inherit or receive an interest in something as a beneficiary.

“Disclaimer” means any writing which declines, refuses, renounces, or disclaims any interest that would otherwise be taken by a beneficiary.

Section § 266

Explanation

This law section explains that an "employee benefit plan" encompasses various types of plans that provide financial benefits to employees. This includes pensions, retirement funds, death benefits, stock bonuses, and profit-sharing plans.

“Employee benefit plan” includes, but is not limited to, any pension, retirement, death benefit, stock bonus, or profit-sharing plan, system, or trust.

Section § 267

Explanation

This section defines what counts as an 'interest' in property. Basically, it covers anything from full ownership to specific rights or powers over property, like using or managing it. Interest can be created in various ways, such as through inheritance, wills, trusts, gifts, and insurance contracts. It also includes situations like surviving the death of a joint tenant or participant in a benefit plan, and through various designations or legal instruments.

(a)CA Probate Code § 267(a) “Interest” includes the whole of any property, real or personal, legal or equitable, or any fractional part, share, or particular portion or specific assets thereof, or any estate in any such property, or any power to appoint, consume, apply, or expend property, or any other right, power, privilege, or immunity relating to property.
(b)CA Probate Code § 267(b) “Interest” includes, but is not limited to, an interest created in any of the following manners:
(1)CA Probate Code § 267(b)(1) By intestate succession.
(2)CA Probate Code § 267(b)(2) Under a will.
(3)CA Probate Code § 267(b)(3) Under a trust.
(4)CA Probate Code § 267(b)(4) By succession to a disclaimed interest.
(5)CA Probate Code § 267(b)(5) By virtue of an election to take against a will.
(6)CA Probate Code § 267(b)(6) By creation of a power of appointment.
(7)CA Probate Code § 267(b)(7) By exercise or nonexercise of a power of appointment.
(8)CA Probate Code § 267(b)(8) By an inter vivos gift, whether outright or in trust.
(9)CA Probate Code § 267(b)(9) By surviving the death of a depositor of a Totten trust account or P.O.D. account.
(10)CA Probate Code § 267(b)(10) Under an insurance or annuity contract.
(11)CA Probate Code § 267(b)(11) By surviving the death of another joint tenant.
(12)CA Probate Code § 267(b)(12) Under an employee benefit plan.
(13)CA Probate Code § 267(b)(13) Under an individual retirement account, annuity, or bond.
(14)CA Probate Code § 267(b)(14) Under a transfer on death beneficiary designation in a deed or other instrument.
(15)CA Probate Code § 267(b)(15) Any other interest created by a testamentary or inter vivos instrument or by operation of law.