Preliminary Provisions and DefinitionsDefinitions
Section § 20
Section § 21
This section defines an "account" as any contract for depositing funds at a bank or credit union. This includes various types of deposit accounts, such as checking, savings, certificates of deposit, mutual capital certificates, and similar financial products.
Section § 22
This section defines an "account in an insured credit union" as a share account in a credit union. The credit union may be either federally chartered or state licensed but must be insured following Title II of the Federal Credit Union Act.
Section § 23
This section defines what an 'account in an insured savings and loan association' means. Essentially, it includes savings accounts or mutual capital certificates with federal associations or state savings associations that are insured under federal law. It also explains how certain terms like 'federal association', 'mutual capital certificate', 'savings account', and 'savings association' are defined according to the California Financial Code.
Section § 24
The term “Beneficiary” refers to someone who receives property through a gift or their successor. In the case of a person who dies without a will (intestate), a beneficiary is an heir. For someone who has a will (testate), it refers to a devisee, or someone named in the will to receive property. When it comes to trusts, a beneficiary is someone who can potentially benefit now or in the future, regardless of whether their interest is certain or conditional. For charitable trusts, a beneficiary also includes anyone who can enforce the trust's terms.
Section § 26
This section defines a 'child' as someone who is legally recognized to inherit from a parent who has died without a will, according to the rules of intestate succession.
Section § 28
This law defines 'community property' in California. It includes any property acquired during a marriage by a person living in California. It also includes personal and real property obtained during a marriage by someone living outside California, as long as it's considered community or equivalent marital property by the laws where they lived when acquiring it. Lastly, it covers property obtained during a marriage in exchange for property that qualifies as community property under the laws where the spouse lived when the original property was acquired.
Section § 29
This law clarifies that the term "conservatee" also covers individuals who are under limited conservatorships, meaning they have some restrictions placed on their rights but can still make certain decisions for themselves.
Section § 30
This law says that whenever the term “conservator” is used, it also refers to someone who is a limited conservator. A limited conservator has specific, defined responsibilities, often used in cases involving adults with disabilities who need some level of supervision but can still handle certain personal decisions.
Section § 32
The term 'devise' refers to giving away real or personal property through a will. As a noun, it means the act of this gift, and as a verb, it means the action of giving the property through a will.
Section § 34
This section explains what a 'devisee' is in the context of a will. A devisee is someone named in a will to receive a gift or property. If a will leaves something to a trust or a trustee, the trust or trustee is considered the devisee, not the beneficiaries of that trust.
Section § 36
This law makes it clear that when the term “dissolution of marriage” is used, it means the same thing as divorce.
Section § 37
This law explains what a 'domestic partner' is under the California probate code. Essentially, it refers to one of two people who have officially registered their relationship with the state, as long as they haven't legally ended it. If one partner dies and neither had officially filed for separation before the death, the surviving person is still considered a domestic partner. This status gives the surviving partner certain rights described in the probate laws.
Section § 38
A 'Family allowance' is a financial payment given to family members, as described in another section starting with Section 6540. It's designed to support the family financially during the estate administration process.
Section § 39
This law section defines the term “fiduciary” in the context of probate law. It includes roles like personal representative, trustee, guardian, conservator, attorney-in-fact through power of attorney, custodian under the California Uniform Transfer To Minors Act, or any other legal representative covered by this code.
Section § 40
Section § 42
This section indicates that the term “general personal representative” is defined in another part of the legal code, specifically in subdivision (b) of Section 58. To fully understand what a general personal representative is, one would need to refer to that section for details.
Section § 44
An "heir" is anyone who is allowed to receive a deceased person's property when there isn't a will. This can include the surviving spouse and others according to the rules of inheritance set by law.
Section § 45
In this context, the term 'instrument' refers to legal documents that include a will, trust documents, deeds, or any writings that name someone to receive a gift or property. It's essentially anything written that tells who should get property or assets.
Section § 46
An "insured account in a financial institution" is any account in a bank, a credit union, or a savings and loan association that is covered by insurance. This means it is protected against loss up to a certain amount.
Section § 48
This law defines an "interested person" in probate cases. These are individuals who might have a stake in a trust or estate and could be impacted by legal proceedings related to it. This includes heirs, beneficiaries, creditors, and anyone with claims or rights in the estate. It also includes anyone who has priority to be appointed as a personal representative and fiduciaries for those people. The specific meaning of "interested person" can change depending on the situation and the proceedings involved.
Section § 50
The term "issue" refers to a person's direct descendants across any number of generations. In other words, it's all the children, grandchildren, and further offspring of that person. Each generation's relationships are defined by legally recognizing who is considered a child or parent.
Section § 52
In the context of California probate law, "letters" refer to official documents that grant authority to certain individuals. When dealing with personal representatives, these letters include testamentary, administration, and special administration types. For guardians or conservators, the letters can be for guardianship, conservatorship, or temporary versions of these roles.
Section § 54
In this section, "parent" is defined as someone who would inherit from a child through intestate succession, meaning without a will. It focuses on the legal right of a person to be recognized as a parent based on inheritance laws.
Section § 55
This law section explains that the term “pay-on-death account” or “P.O.D. account” is defined in another part of the legal code, specifically Section 5140.
Section § 56
This section defines what counts as a 'person' for legal purposes. It includes not just individuals, but also various types of organizations and entities like corporations, government bodies, trusts, partnerships, and limited liability companies.
Section § 58
This California law defines who is considered a "personal representative" in handling someone's estate after they pass away. A personal representative could be an executor, administrator, or someone with a similar role in another place. If there's a special administrator with full responsibilities, they also count as a general personal representative; otherwise, special administrators aren't included in this general category.
Section § 59
A 'predeceased spouse' is someone who was married to the deceased but died before them. However, there are exceptions. It doesn't count if the person divorced or annulled the marriage with the deceased, and the divorce or annulment isn't recognized as valid in California, unless they later remarried each other or lived as a married couple again. Also excluded is someone who remarried someone else after the divorce or annulment, or someone involved in legal actions ending all marital property rights.
Section § 60
A 'probate homestead' is a legal term that refers to a type of homestead arrangement covered under a specific part of the probate laws, starting with Section 6520. It involves protections or provisions for a homestead during probate proceedings.
Section § 60.1
This section explains that a 'professional fiduciary' is someone defined by another part of California law. Starting January 1, 2009, you can't claim to be a professional fiduciary unless you have a specific license. This rule is to ensure that only qualified and licensed individuals offer fiduciary services to the public.
Section § 62
This law section defines 'property' as anything that can be owned. It includes real property, like land and buildings, as well as personal property such as cars, furniture, and any type of ownership interest in these items.
Section § 66
Quasi-community property refers to certain assets that aren't considered community property but would be if the deceased had lived in California when acquiring them. This includes personal property from anywhere and real estate in California bought by someone living elsewhere. If swapped for similar property, the assets fall under this category as well.
Section § 68
This law states that when you hear the term "real property," it doesn't just mean land or buildings, but also includes the right to rent or lease that property.
Section § 69
This section clarifies that a 'revocable transfer on death deed' or 'revocable TOD deed' refers to a specific type of deed explained further in Section 5614, which allows property to be transferred upon death but can be changed or revoked during the owner's lifetime.
Section § 70
This section defines what is considered a "security" in terms of financial instruments. It includes things like notes, stocks, bonds, and certificates that represent an interest or debt. It also covers interests in oil, gas, or mining projects, as well as rights to purchase these financial instruments.
Section § 72
This law clarifies that whenever the word “spouse” is used, it also includes domestic partners. This is in alignment with another law in the Family Code.
Section § 74
The term "State" in this context refers to not only any state within the United States but also includes Washington D.C., Puerto Rico, and any U.S. territories or possessions.
Section § 76
A 'subscribing witness' is someone who signs a will to confirm its authenticity, following specific rules in another section.
Section § 78
This section defines who is not considered a "surviving spouse" when it comes to inheritance and estate matters. First, if a marriage or registered domestic partnership has been dissolved or annulled, the person won't be considered a surviving spouse unless they remarried or entered into a new partnership with the deceased before death. Second, if someone gets a divorce or annulment that's not recognized by California, they still may not be a surviving spouse unless they remarry or live together again as spouses. Third, if the person marries someone else after a divorce or annulment initiated by the decedent, they lose the status of a surviving spouse. Lastly, if the person agreed to a legal order that ended marital property rights, they're not a surviving spouse.
Section § 80
This section defines a 'Totten trust account' as a bank account where one or more people are named as trustees for one or more beneficiaries. The account's title and the bank's agreement create the trust, which only includes the money in the account. There's no need to mention payment to the beneficiary in the agreement. However, this type of account doesn't include standard trust accounts linked to wills or trust agreements serving broader purposes, nor does it include accounts from professional relationships like that between an attorney and client.
Section § 81
This section defines the term "transferor" as the person who creates or signs a legal document, such as a will, trust, grant, or any similar instrument.
Section § 81.5
This law section defines a 'transferee' as the person or entity receiving a benefit, gift, or other interest through a legal document or instrument.
Section § 82
This section defines what counts as a 'trust' for legal purposes. It includes express trusts both private and charitable, and trusts set up by a court decision that function like express trusts.
However, it excludes several other arrangements such as constructive trusts not mentioned in the definition, guardianships, conservatorships, and personal representatives. Other exclusions are Totten trust accounts, certain custodial arrangements, business and investment trusts, common trust funds, voting trusts, security setups, and various forms of trusts used mainly for financial transactions like paying debts or distributing benefits.
Section § 83
This section defines a 'trust company' as a business that is officially authorized to operate a trust service in California.
Section § 84
This law explains that the term 'trustee' refers to any trustee handling a trust, whether they are the first, newly added, or a replacement trustee, and regardless of whether they were appointed or approved by a court.
Section § 86
'Undue influence' in this section means the same thing as it does in another part of California law under the Welfare and Institutions Code. The idea here is to add to the regular definition of undue influence without replacing or messing with it.
Section § 88
This law section explains that the term “will” not only refers to a person's last will but also includes any codicil (which is a supplement to a will) or any document that appoints an executor or changes or cancels a previous will.