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California Probate Code Section 21115

Legal Research Home > California Laws > Probate Code > California Probate Code Section 21115

21115.  (a) Except as provided in subdivision (b), halfbloods,
adopted persons, persons born out of wedlock, stepchildren, foster
children, and the issue of these persons when appropriate to the
class, are included in terms of class gift or relationship in
accordance with the rules for determining relationship and
inheritance rights for purposes of intestate succession.
   (b) In construing a transfer by a transferor who is not the
natural parent, a person born to the natural parent shall not be
considered the child of that parent unless the person lived while a
minor as a regular member of the household of the natural parent or
of that parent's parent, brother, sister, spouse, or surviving
spouse. In construing a transfer by a transferor who is not the
adoptive parent, a person adopted by the adoptive parent shall not be
considered the child of that parent unless the person lived while a
minor (either before or after the adoption) as a regular member of
the household of the adopting parent or of that parent's parent,
brother, sister, or surviving spouse.
   (c) Subdivisions (a) and (b) shall also apply in determining:
   (1) Persons who would be kindred of the transferor or kindred of a
surviving, deceased, or former spouse of the transferor under
Section 21110.
   (2) Persons to be included as issue of a deceased transferee under
Section 21110.
   (3) Persons who would be the transferor's or other designated
person's heirs under Section 21114.
   (d) The rules for determining intestate succession under this
section are those in effect at the time the transfer is to take
effect in enjoyment.

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Last modified: March 17, 2014