California Probate Code Section 21111
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California Laws > Probate Code > California Probate Code Section 21111
21111. (a) Except as provided in subdivision (b) and subject to
Section 21110, if a transfer fails for any reason, the property is
transferred as follows:
(1) If the transferring instrument provides for an alternative
disposition in the event the transfer fails, the property is
transferred according to the terms of the instrument.
(2) If the transferring instrument does not provide for an
alternative disposition but does provide for the transfer of a
residue, the property becomes a part of the residue transferred under
(3) If the transferring instrument does not provide for an
alternative disposition and does not provide for the transfer of a
residue, or if the transfer is itself a residuary gift, the property
is transferred to the decedent's estate.
(b) Subject to Section 21110, if a residuary gift or a future
interest is transferred to two or more persons and the share of a
transferee fails for any reason, and no alternative disposition is
provided, the share passes to the other transferees in proportion to
their other interest in the residuary gift or the future interest.
(c) A transfer of "all my estate" or words of similar import is a
residuary gift for purposes of this section.
(d) If failure of a future interest results in an intestacy, the
property passes to the heirs of the transferor determined pursuant to
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Last modified: October 1, 2013