California Probate Code

This code shall be known as the Probate Code.

(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) A provision of this code, insofar as it is the same in substance as a provision of a…

(a) As used in this section: (1) “New law” means either of the following, as the case may be: (A) The act that enacted this code. (B) The act that makes a change in this code, whether effectuated by amendment, addition, or repeal of any provision of this code. (2) “Old law” means the applicable law in effect before the…

Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.

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.

Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code.

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.

Unless otherwise expressly stated: (a) “Division” means a division of this code. (b) “Part” means a part of the division in which that term occurs. (c) “Chapter” means a chapter of the division or part, as the case may be, in which that term occurs. (d) “Article” means an article of the chapter in which that term occur…

The present tense includes the past and future tenses, and the future, the present.

The singular number includes the plural, and the plural, the singular.

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.

“Shall” is mandatory and “may” is permissive.

(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) Lineal kinship or consanguinity is the relationship between two persons, one of whom is a direct descen…

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

“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.

“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.).

(a) “Account in an insured savings and loan association” means a savings account or mutual capital certificate of either of the following: (1) A federal association. (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…

“Beneficiary” means a person to whom a donative transfer of property is made or that person’s successor in interest, and: (a) As it relates to the intestate estate of a decedent, means an heir. (b) As it relates to the testate estate of a decedent, means a devisee. (c) As it relates to a trust, means a person who has a…

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

“Community property” means: (a) Community property heretofore or hereafter acquired during marriage by a married person while domiciled in this state. (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…

“Conservatee” includes a limited conservatee.

“Conservator” includes a limited conservator.

“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.

(a) “Devisee” means any person designated in a will to receive a devise. (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.

“Dissolution of marriage” includes divorce.