California Probate Code PART 2 - DEFINITIONS
- Section 20.
Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code.(Amended by Stats. 1991, Ch. 82, Sec. 1....
- Section 21.
“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...
- Section 22.
“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...
- Section 23.
(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...
- Section 24.
“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...
- Section 26.
“Child” means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved.(Enacted by Stats....
- Section 28.
“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...
- Section 29.
“Conservatee” includes a limited conservatee.(Enacted by Stats. 1990, Ch. 79.)
- Section 30.
“Conservator” includes a limited conservator.(Enacted by Stats. 1990, Ch. 79.)
- Section 32.
“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...
- Section 34.
(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...
- Section 36.
“Dissolution of marriage” includes divorce.(Enacted by Stats. 1990, Ch. 79.)
- Section 37.
(a) “Domestic partner” means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2.5 (commencing...
- Section 38.
“Family allowance” means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6.(Enacted by Stats. 1990, Ch. 79.)
- Section 39.
“Fiduciary” means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing...
- Section 40.
“Financial institution” means a state or national bank, state or federal savings and loan association or credit union, or like organization.(Enacted by Stats. 1990, Ch.
- Section 42.
“General personal representative” is defined in subdivision (b) of Section 58.(Enacted by Stats. 1990, Ch. 79.)
- Section 44.
“Heir” means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code.(Enacted by Stats....
- Section 45.
“Instrument” means a will, trust, deed, or other writing that designates a beneficiary or makes a donative transfer of property.(Enacted by Stats. 1990, Ch. 79.)
- Section 46.
“Insured account in a financial institution” means an account in a bank, an account in an insured credit union, and an account in an insured...
- Section 48.
(a) Subject to subdivision (b), “interested person” includes any of the following:(1) An heir, devisee, child, spouse, creditor, beneficiary, and any other person having a property right...
- Section 50.
“Issue” of a person means all his or her lineal descendants of all generations, with the relationship of parent and child at each generation being...
- Section 52.
“Letters”:(a) As it relates to a personal representative, means letters testamentary, letters of administration, letters of administration with the will annexed, or letters of special administration.(b) As...
- Section 54.
“Parent” means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved.(Enacted by Stats....
- Section 55.
“Pay-on-death account” or “P.O.D. account” is defined in Section 5140.(Enacted by Stats. 1990, Ch. 79.)
- Section 56.
“Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity.(Amended by Stats....
- Section 58.
(a) “Personal representative” means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person...
- Section 59.
“Predeceased spouse” means a person who died before the decedent while married to the decedent, except that the term does not include any of the...
- Section 60.
“Probate homestead” means a homestead provided for in Chapter 3 (commencing with Section 6520) of Part 3 of Division 6.(Enacted by Stats. 1990, Ch. 79.)
- Section 60.1.
(a) “Professional fiduciary” means a person who is a professional fiduciary as defined under subdivision (f) of Section 6501 of the Business and Professions Code.(b) On and...
- Section 62.
“Property” means anything that may be the subject of ownership and includes both real and personal property and any interest therein.(Enacted by Stats. 1990, Ch.
- Section 66.
“Quasi-community property” means the following property, other than community property as defined in Section 28:(a) All personal property wherever situated, and all real property situated in...
- Section 68.
“Real property” includes a leasehold interest in real property.(Enacted by Stats. 1990, Ch. 79.)
- Section 69.
“Revocable transfer on death deed” or “revocable TOD deed” means a revocable transfer on death deed as described in Section 5614.(Added by Stats. 2015, Ch....
- Section 70.
“Security” includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or...
- Section 72.
“Spouse” includes domestic partner, as defined in Section 37 of this code, as required by Section 297.5 of the Family Code.(Added by Stats. 2016, Ch....
- Section 74.
“State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the...
- Section 76.
A “subscribing witness” to a will means a witness who signs the will as provided in Section 6110.(Enacted by Stats. 1990, Ch. 79.)
- Section 78.
“Surviving spouse” does not include any of the following:(a) A person whose marriage to, or registered domestic partnership with, the decedent has been dissolved or annulled,...
- Section 80.
“Totten trust account” means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is...
- Section 81.
“Transferor” means the testator, settlor, grantor, owner, or other person who executes an instrument.(Enacted by Stats. 1990, Ch. 79.)
- Section 81.5.
“Transferee” means the beneficiary, donee, or other recipient of an interest transferred by an instrument.(Added by Stats. 1994, Ch. 806, Sec. 2. Effective January 1,
- Section 82.
(a) “Trust” includes the following:(1) An express trust, private or charitable, with additions thereto, wherever and however created.(2) A trust created or determined by a judgment or decree...
- Section 83.
“Trust company” means an entity that has qualified to engage in and conduct a trust business in this state.(Enacted by Stats. 1990, Ch. 79.)
- Section 84.
“Trustee” includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.(Enacted by Stats. 1990, Ch. 79.)
- Section 86.
“Undue influence” has the same meaning as defined in Section 15610.70 of the Welfare and Institutions Code. It is the intent of the Legislature that...
- Section 88.
“Will” includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will.(Enacted by Stats. 1990, Ch. 79.)
Last modified: October 22, 2018