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California Probate Code Section 246

Legal Research Home > California Laws > Probate Code > California Probate Code Section 246

246.  (a) Where a will, trust, or other instrument calls for
property to be distributed or taken "in the manner provided in
Section 246 of the Probate Code," the property to be distributed
shall be divided into as many equal shares as there are living
children of the designated ancestor, if any, and deceased children
who leave issue then living. Each living child of the designated
ancestor is allocated one share, and the share of each deceased child
who leaves issue then living is divided in the same manner.
   (b) Unless the will, trust, or other instrument expressly provides
otherwise, if an instrument executed on or after January 1, 1986,
calls for property to be distributed or taken "per stirpes," "by
representation," or "by right of representation," the property shall
be distributed in the manner provided in subdivision (a).
   (c) If a will, trust, or other instrument executed before January
1, 1986, calls for property to be distributed or taken "per stirpes,"
"by representation," or by "right of representation," the property
shall be distributed in the manner provided in subdivision (a),
absent a contrary intent of the transferor.

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Last modified: March 17, 2014