Section § 20

Explanation
This law says that, unless a specific provision says otherwise, the definitions in this part of the code are used to understand the rest of the code.
Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code.

Section § 21

Explanation

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.

“Account,” when used to mean a contract of deposit of funds between a depositor and a financial institution, includes a checking account, savings account, certificate of deposit, share account, mutual capital certificate, and other like arrangements.

Section § 22

Explanation

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.

“Account in an insured credit union” means a share account in a credit union, either federally chartered or state licensed, that is insured under Title II of the Federal Credit Union Act (12 U.S.C. Sec. 1781, et seq.).

Section § 23

Explanation

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.

(a)CA Probate Code § 23(a) “Account in an insured savings and loan association” means a savings account or mutual capital certificate of either of the following:
(1)CA Probate Code § 23(a)(1) A federal association.
(2)CA Probate Code § 23(a)(2) A savings association doing business in this state which is an “insured institution” as defined in Title IV of the National Housing Act (12 U.S.C. Sec. 1724, et seq.).
(b)CA Probate Code § 23(b) As used in this section:
(1)CA Probate Code § 23(b)(1) “Federal association” has the meaning given that term in subdivision (b) of Section 5102 of the Financial Code.
(2)CA Probate Code § 23(b)(2) “Mutual capital certificate” has the meaning given that term in Section 5111 of the Financial Code.
(3)CA Probate Code § 23(b)(3) “Savings account” has the meaning given that term in Section 5116 of the Financial Code.
(4)CA Probate Code § 23(b)(4) “Savings association” has the meaning given that term in subdivision (a) of Section 5102 of the Financial Code.

Section § 24

Explanation

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.

“Beneficiary” means a person to whom a donative transfer of property is made or that person’s successor in interest, and:
(a)CA Probate Code § 24(a) As it relates to the intestate estate of a decedent, means an heir.
(b)CA Probate Code § 24(b) As it relates to the testate estate of a decedent, means a devisee.
(c)CA Probate Code § 24(c) As it relates to a trust, means a person who has any present or future interest, vested or contingent.
(d)CA Probate Code § 24(d) As it relates to a charitable trust, includes any person entitled to enforce the trust.

Section § 26

Explanation

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.

“Child” means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved.

Section § 28

Explanation

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.

“Community property” means:
(a)CA Probate Code § 28(a) Community property heretofore or hereafter acquired during marriage by a married person while domiciled in this state.
(b)CA Probate Code § 28(b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person while domiciled elsewhere, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time of its acquisition.
(c)CA Probate Code § 28(c) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person in exchange for real or personal property, wherever situated, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time the property so exchanged was acquired.

Section § 29

Explanation

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.

“Conservatee” includes a limited conservatee.

Section § 30

Explanation

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.

“Conservator” includes a limited conservator.

Section § 32

Explanation

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.

“Devise,” when used as a noun, means a disposition of real or personal property by will, and, when used as a verb, means to dispose of real or personal property by will.

Section § 34

Explanation

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.

(a)CA Probate Code § 34(a) “Devisee” means any person designated in a will to receive a devise.
(b)CA Probate Code § 34(b) In the case of a devise to an existing trust or trustee, or to a trustee on trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees.

Section § 36

Explanation

This law makes it clear that when the term “dissolution of marriage” is used, it means the same thing as divorce.

“Dissolution of marriage” includes divorce.

Section § 37

Explanation

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.

(a)CA Probate Code § 37(a) “Domestic partner” means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2.5 (commencing with Section 297) of the Family Code, provided that the domestic partnership has not been terminated pursuant to Section 299 of the Family Code.
(b)CA Probate Code § 37(b) Notwithstanding Section 299 of the Family Code, if a domestic partnership is terminated by the death of one of the parties and Notice of Termination was not filed by either party prior to the date of death of the decedent, the domestic partner who survives the deceased is a surviving domestic partner, and shall be entitled to the rights of a surviving domestic partner as provided in this code.

Section § 38

Explanation

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.

“Family allowance” means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6.

Section § 39

Explanation

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.

“Fiduciary” means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code.

Section § 40

Explanation
A 'financial institution' refers to entities like state or national banks, savings and loan associations, credit unions, and similar organizations.
“Financial institution” means a state or national bank, state or federal savings and loan association or credit union, or like organization.

Section § 42

Explanation

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.

“General personal representative” is defined in subdivision (b) of Section 58.

Section § 44

Explanation

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.

“Heir” means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code.

Section § 45

Explanation

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.

“Instrument” means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property.

Section § 46

Explanation

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.

“Insured account in a financial institution” means an account in a bank, an account in an insured credit union, and an account in an insured savings and loan association, to the extent that the account is insured.

Section § 48

Explanation

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.

(a)CA Probate Code § 48(a) Subject to subdivision (b), “interested person” includes any of the following:
(1)CA Probate Code § 48(a)(1) An heir, devisee, child, spouse, creditor, beneficiary, and any other person having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding.
(2)CA Probate Code § 48(a)(2) Any person having priority for appointment as personal representative.
(3)CA Probate Code § 48(a)(3) A fiduciary representing an interested person.
(b)CA Probate Code § 48(b) The meaning of “interested person” as it relates to particular persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, any proceeding.

Section § 50

Explanation

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.

“Issue” of a person means all his or her lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent.

Section § 52

Explanation

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.

“Letters”:
(a)CA Probate Code § 52(a) As it relates to a personal representative, means letters testamentary, letters of administration, letters of administration with the will annexed, or letters of special administration.
(b)CA Probate Code § 52(b) As it relates to a guardian or conservator, means letters of guardianship or conservatorship or temporary guardianship or conservatorship.

Section § 54

Explanation

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.

“Parent” means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved.

Section § 55

Explanation

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.

“Pay-on-death account” or “P.O.D. account” is defined in Section 5140.

Section § 56

Explanation

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.

“Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity.

Section § 58

Explanation

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.

(a)CA Probate Code § 58(a) “Personal representative” means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person’s status.
(b)CA Probate Code § 58(b) “General personal representative” excludes a special administrator unless the special administrator has the powers, duties, and obligations of a general personal representative under Section 8545.

Section § 59

Explanation

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.

“Predeceased spouse” means a person who died before the decedent while married to the decedent, except that the term does not include any of the following:
(a)CA Probate Code § 59(a) A person who obtains or consents to a final decree or judgment of dissolution of marriage from the decedent or a final decree or judgment of annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they (1) subsequently participate in a marriage ceremony purporting to marry each to the other or (2) subsequently live together as spouses.
(b)CA Probate Code § 59(b) A person who, following a decree or judgment of dissolution or annulment of marriage obtained by the decedent, participates in a marriage ceremony to a third person.
(c)CA Probate Code § 59(c) A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.

Section § 60

Explanation

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.

“Probate homestead” means a homestead provided for in Chapter 3 (commencing with Section 6520) of Part 3 of Division 6.

Section § 60.1

Explanation

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.

(a)CA Probate Code § 60.1(a) “Professional fiduciary” means a person who is a professional fiduciary as defined under subdivision (f) of Section 6501 of the Business and Professions Code.
(b)CA Probate Code § 60.1(b) On and after January 1, 2009, no person shall act or hold himself or herself out to the public as a professional fiduciary unless he or she is licensed as a professional fiduciary under Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code.

Section § 62

Explanation

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.

“Property” means anything that may be the subject of ownership and includes both real and personal property and any interest therein.

Section § 66

Explanation

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.

“Quasi-community property” means the following property, other than community property as defined in Section 28:
(a)CA Probate Code § 66(a) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired by a decedent while domiciled elsewhere that would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time of its acquisition.
(b)CA Probate Code § 66(b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired in exchange for real or personal property, wherever situated, that would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time the property so exchanged was acquired.

Section § 68

Explanation

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.

“Real property” includes a leasehold interest in real property.

Section § 69

Explanation

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.

“Revocable transfer on death deed” or “revocable TOD deed” means a revocable transfer on death deed as described in Section 5614.

Section § 70

Explanation

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.

“Security” includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing.

Section § 72

Explanation

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.

“Spouse” includes domestic partner, as defined in Section 37 of this code, as required by Section 297.5 of the Family Code.

Section § 74

Explanation

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.

“State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

Section § 76

Explanation

A 'subscribing witness' is someone who signs a will to confirm its authenticity, following specific rules in another section.

A “subscribing witness” to a will means a witness who signs the will as provided in Section 6110.

Section § 78

Explanation

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.

“Surviving spouse” does not include any of the following:
(a)CA Probate Code § 78(a) A person whose marriage to, or registered domestic partnership with, the decedent has been dissolved or annulled, unless, by virtue of a subsequent marriage or registered domestic partnership, the person is married to, or in a registered domestic partnership with, the decedent at the time of death.
(b)CA Probate Code § 78(b) A person who obtains or consents to a final decree or judgment of dissolution of marriage or termination of registered domestic partnership from the decedent or a final decree or judgment of annulment of their marriage or termination of registered domestic partnership, which decree or judgment is not recognized as valid in this state, unless they (1) subsequently participate in a marriage ceremony purporting to marry each to the other or (2) subsequently live together as spouses.
(c)CA Probate Code § 78(c) A person who, following a decree or judgment of dissolution or annulment of marriage or registered domestic partnership obtained by the decedent, participates in a marriage ceremony with a third person.
(d)CA Probate Code § 78(d) A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital or registered domestic partnership property rights.

Section § 80

Explanation

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.

“Totten trust account” means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account. In a Totten trust account, it is not essential that payment to the beneficiary be mentioned in the deposit agreement. A Totten trust account does not include (1) a regular trust account under a testamentary trust or a trust agreement which has significance apart from the account or (2) a fiduciary account arising from a fiduciary relation such as attorney-client.

Section § 81

Explanation

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.

“Transferor” means the testator, settlor, grantor, owner, or other person who executes an instrument.

Section § 81.5

Explanation

This law section defines a 'transferee' as the person or entity receiving a benefit, gift, or other interest through a legal document or instrument.

“Transferee” means the beneficiary, donee, or other recipient of an interest transferred by an instrument.

Section § 82

Explanation

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.

(a)CA Probate Code § 82(a) “Trust” includes the following:
(1)CA Probate Code § 82(a)(1) An express trust, private or charitable, with additions thereto, wherever and however created.
(2)CA Probate Code § 82(a)(2) A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust.
(b)CA Probate Code § 82(b) “Trust” excludes the following:
(1)CA Probate Code § 82(b)(1) Constructive trusts, other than those described in paragraph (2) of subdivision (a), and resulting trusts.
(2)CA Probate Code § 82(b)(2) Guardianships and conservatorships.
(3)CA Probate Code § 82(b)(3) Personal representatives.
(4)CA Probate Code § 82(b)(4) Totten trust accounts.
(5)CA Probate Code § 82(b)(5) Custodial arrangements pursuant to the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of any state.
(6)CA Probate Code § 82(b)(6) Business trusts that are taxed as partnerships or corporations.
(7)CA Probate Code § 82(b)(7) Investment trusts subject to regulation under the laws of this state or any other jurisdiction.
(8)CA Probate Code § 82(b)(8) Common trust funds.
(9)CA Probate Code § 82(b)(9) Voting trusts.
(10)CA Probate Code § 82(b)(10) Security arrangements.
(11)CA Probate Code § 82(b)(11) Transfers in trust for purpose of suit or enforcement of a claim or right.
(12)CA Probate Code § 82(b)(12) Liquidation trusts.
(13)CA Probate Code § 82(b)(13) Trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind.
(14)CA Probate Code § 82(b)(14) Any arrangement under which a person is nominee or escrowee for another.

Section § 83

Explanation

This section defines a 'trust company' as a business that is officially authorized to operate a trust service in California.

“Trust company” means an entity that has qualified to engage in and conduct a trust business in this state.

Section § 84

Explanation

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.

“Trustee” includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.

Section § 86

Explanation

'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.

“Undue influence” has the same meaning as defined in Section 15610.70 of the Welfare and Institutions Code. It is the intent of the Legislature that this section supplement the common law meaning of undue influence without superseding or interfering with the operation of that law.

Section § 88

Explanation

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.

“Will” includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will.