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California Probate Code Section 21110

Legal Research Home > California Laws > Probate Code > California Probate Code Section 21110

21110.  (a) Subject to subdivision (b), if a transferee is dead when
the instrument is executed, or fails or is treated as failing to
survive the transferor or until a future time required by the
instrument, the issue of the deceased transferee take in the
transferee's place in the manner provided in Section 240. A
transferee under a class gift shall be a transferee for the purpose
of this subdivision unless the transferee's death occurred before the
execution of the instrument and that fact was known to the
transferor when the instrument was executed.
   (b) The issue of a deceased transferee do not take in the
transferee's place if the instrument expresses a contrary intention
or a substitute disposition. A requirement that the initial
transferee survive the transferor or survive for a specified period
of time after the death of the transferor constitutes a contrary
intention. A requirement that the initial transferee survive until a
future time that is related to the probate of the transferor's will
or administration of the estate of the transferor constitutes a
contrary intention.
   (c) As used in this section, "transferee" means a person who is
kindred of the transferor or kindred of a surviving, deceased, or
former spouse of the transferor.
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Last modified: March 17, 2014