This code shall be known as the Probate Code.
Preliminary Provisions and DefinitionsPreliminary Provisions
Section § 1
This section officially names the legal framework as the Probate Code, which encompasses laws related to the handling of a person's estate after they pass away.
estate handling decedent wills
Section § 2
This law section says that if a rule in the current legal code is basically the same as an older rule about the same topic, it should be seen as a continuation of that old rule, not a new one. Also, if a rule matches a rule from a uniform act, it should be interpreted in a way that aligns with making the law consistent across different states that have adopted that rule.
(a)CA Probate Code § 2(a) A provision of this code, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be construed as a restatement and continuation thereof and not as a new enactment.
(b)CA Probate Code § 2(b) A provision of this code, insofar as it is the same in substance as a provision of a uniform act, shall be so construed as to effectuate the general purpose to make uniform the law in those states which enact that provision.
restatement continuation uniform act
Section § 3
This section explains how new laws apply to situations. A 'new law' includes any changes or additions to existing laws, while 'old law' refers to the laws before these changes. Generally, new laws take effect on their 'operative date' and apply to all relevant matters, no matter when they occurred.
Documents and actions taken before the new law's operative date are governed by the old law. However, proceedings related to these actions after the operative date are governed by the new law. Orders and actions made before the new law's operative date remain valid under old law.
Fiduciaries and officers are not liable for actions taken before the new law if those actions were proper then, even if they wouldn't be proper under the new law. If applying the new law disrupts proceedings or affects parties' rights regarding past events, the court can decide to apply either the new or old law to ease the situation.
(a)CA Probate Code § 3(a) As used in this section:
(1)CA Probate Code § 3(a)(1) “New law” means either of the following, as the case may be:
(A)CA Probate Code § 3(a)(1)(A) The act that enacted this code.
(B)CA Probate Code § 3(a)(1)(B) The act that makes a change in this code, whether effectuated by amendment, addition, or repeal of any provision of this code.
(2)CA Probate Code § 3(a)(2) “Old law” means the applicable law in effect before the operative date of the new law.
(3)CA Probate Code § 3(a)(3) “Operative date” means the operative date of the new law.
(b)CA Probate Code § 3(b) This section governs the application of a new law except to the extent otherwise expressly provided in the new law.
(c)CA Probate Code § 3(c) Subject to the limitations provided in this section, a new law applies on the operative date to all matters governed by the new law, regardless of whether an event occurred or circumstance existed before, on, or after the operative date, including, but not limited to, creation of a fiduciary relationship, death of a person, commencement of a proceeding, making of an order, or taking of an action.
(d)CA Probate Code § 3(d) If a petition, account, report, inventory, appraisal, or other document or paper is filed before the operative date, the contents, execution, and notice thereof are governed by the old law and not by the new law; but any subsequent proceedings taken after the operative date concerning the petition, account, report, inventory, appraisal, or other document or paper, including an objection or response, a hearing, an order, or other matter relating thereto is governed by the new law and not by the old law.
(e)CA Probate Code § 3(e) If an order is made before the operative date, including an order appointing a personal representative, guardian, conservator, trustee, probate referee, or any other fiduciary or officer, or any action on an order is taken before the operative date, the validity of the order or action is governed by the old law and not by the new law. Nothing in this subdivision precludes proceedings after the operative date to modify an order made, or alter a course of action commenced, before the operative date to the extent proceedings for modification of an order or alteration of a course of action of that type are otherwise provided by statute.
(f)CA Probate Code § 3(f) No personal representative, guardian, conservator, trustee, probate referee, or any other fiduciary, officer, or person is liable for any action taken before the operative date that was proper at the time the action was taken, even though the action would be improper if taken on or after the operative date, and such a person has no duty, as a result of the enactment of the new law, to take any step to alter the course of action or its consequences.
(g)CA Probate Code § 3(g) If the new law does not apply to a matter that occurred before the operative date, the old law continues to govern the matter notwithstanding its amendment or repeal by the new law.
(h)CA Probate Code § 3(h) If a party shows, and the court determines, that application of a particular provision of the new law or of the old law in the manner required by this section or by the new law would substantially interfere with the effective conduct of the proceedings or the rights of the parties or other interested persons in connection with an event that occurred or circumstance that existed before the operative date, the court may, notwithstanding this section or the new law, apply either the new law or the old law to the extent reasonably necessary to mitigate the substantial interference.
new law old law operative date
Section § 4
The titles and headings used in the code do not change or influence how the laws and their intentions are understood or applied.
Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
titles headings code interpretation
Section § 5
If a law says you need to send something by registered mail, you can use certified mail instead, and it will still count as following the rules.
If a notice or other communication is required by this code to be mailed by registered mail, the mailing of the notice or other communication by certified mail is deemed to be sufficient compliance with the requirement.
notice communication registered mail
Section § 6
This law section says that unless there's a specific reason not to, the general guidelines and rules for interpreting laws in this part should guide the interpretation of the whole code.
Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code.
interpretation general guidelines construction rules
Section § 7
This law states that when a part of the probate code or any other law is mentioned, it includes all past and future changes to that part.
Whenever a reference is made to any portion of this code or to any other law, the reference applies to all amendments and additions heretofore or hereafter made.
amendments additions probate code
Section § 8
This section explains how different parts of the legal code are organized and referred to. It defines terms like 'Division', 'Part', 'Chapter', 'Article', 'Section', and so on, showing how each fits into the larger legal structure. Essentially, it's saying that unless specified otherwise, these terms refer to specific segments within the legal text they're mentioned in. For example, 'Chapter' refers to the chapter within the specific division or part being discussed.
Unless otherwise expressly stated:
(a)CA Probate Code § 8(a) “Division” means a division of this code.
(b)CA Probate Code § 8(b) “Part” means a part of the division in which that term occurs.
(c)CA Probate Code § 8(c) “Chapter” means a chapter of the division or part, as the case may be, in which that term occurs.
(d)CA Probate Code § 8(d) “Article” means an article of the chapter in which that term occurs.
(e)CA Probate Code § 8(e) “Section” means a section of this code.
(f)CA Probate Code § 8(f) “Subdivision” means a subdivision of the section in which that term occurs.
(g)CA Probate Code § 8(g) “Paragraph” means a paragraph of the subdivision in which that term occurs.
(h)CA Probate Code § 8(h) “Subparagraph” means a subparagraph of the paragraph in which that term occurs.
code organization division part definition
Section § 9
This law means that when reading legal texts, words in one tense can also apply to actions or situations in the past or future. So, if something is written in the present tense, it might also refer to past and future events, and vice versa.
The present tense includes the past and future tenses, and the future, the present.
tense usage past tense future tense
Section § 10
This rule means that if a law uses a word in its singular form, it also applies to multiple things, and vice versa. Basically, don't worry too much about whether the word is for one thing or many; it should cover both situations.
The singular number includes the plural, and the plural, the singular.
singular plural word interpretation
Section § 11
This law section states that if any part of this code is found to be invalid in a particular situation or for a specific person, it doesn’t affect the rest of the code. The remaining parts of the code will continue to be in effect. This is because the law is designed to be severable, meaning each section can stand on its own even if one part is removed or invalidated.
If any provision or clause of this code or application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.
invalid provision severability severable code
Section § 12
This legal section clarifies the meaning of two words often used in laws. "Shall" means you must do something, while "may" means you have the option to do it but it's not required.
“Shall” is mandatory and “may” is permissive.
mandatory permissive shall
Section § 13
This law explains how to determine the degree of kinship, or consanguinity, between two people by counting the number of generations separating them. There are two types of kinship: lineal and collateral.
Lineal kinship refers to a direct line of descent like parents, children, and grandparents. To determine the degree, you count the generations from one person to another, excluding the first person and including the second. For instance, a parent and child are first-degree relatives, while a grandparent and grandchild are second-degree.
Collateral kinship refers to relatives who share a common ancestor but are not direct descendants of each other, like siblings or cousins. Here, you count generations from one person to the common ancestor and from the ancestor to the second person, excluding the first person, including the second, and counting the ancestor only once. Siblings are second-degree relatives, while first cousins are fourth-degree.
(a)CA Probate Code § 13(a) The degree of kinship or consanguinity between two persons is determined by counting the number of generations separating those persons, pursuant to subdivision (b) or (c). Each generation is called a degree.
(b)CA Probate Code § 13(b) Lineal kinship or consanguinity is the relationship between two persons, one of whom is a direct descendant of the other. The degree of kinship between those persons is determined by counting the generations separating the first person from the second person. In counting the generations, the first person is excluded and the second person is included. For example, parent and child are related in the first degree of lineal kinship or consanguinity, grandchild and grandparent are related in the second degree, and great-grandchild and great-grandparent are related in the third degree.
(c)CA Probate Code § 13(c) Collateral kinship or consanguinity is the relationship between two people who spring from a common ancestor, but neither person is the direct descendent of the other. The degree of kinship is determined by counting the generations from the first person up to the common ancestor and from the common ancestor down to the second person. In counting the generations, the first person is excluded, the second person is included, and the common ancestor is counted only once. For example, siblings are related in the second degree of collateral kinship or consanguinity, an aunt or uncle and a niece or nephew are related in the third degree, and first cousins are related in the fourth degree.
degree of kinship consanguinity lineal relationship
