California Probate Code CHAPTER 1 - General Provisions

• Section 21101.
  Unless the provision or context otherwise requires, this part applies to a will, trust, deed, and any other instrument.(Amended by Stats. 2002, Ch. 138, Sec....
• Section 21102.
  (a) The intention of the transferor as expressed in the instrument controls the legal effect of the dispositions made in the instrument.(b) The rules of construction in...
• Section 21103.
  The meaning and legal effect of a disposition in an instrument is determined by the local law of a particular state selected by the transferor...
• Section 21104.
  As used in this part, “at-death transfer” means a transfer that is revocable during the lifetime of the transferor, but does not include a joint...
• Section 21105.
  Except as otherwise provided in Sections 641 and 642, a will passes all property the testator owns at death, including property acquired after execution of...
• Section 21107.
  If an instrument directs the conversion of real property into money at the transferor’s death, the real property and its proceeds shall be deemed personal...
• Section 21108.
  The law of this state does not include (a) the common law rule of worthier title that a transferor cannot devise an interest to his...
• Section 21109.
  (a) A transferee who fails to survive the transferor of an at-death transfer or until any future time required by the instrument does not take under...
• Section 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...
• Section 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...
• Section 21112.
  A condition in a transfer of a present or future interest that refers to a person’s death “with” or “without” issue, or to a person’s...
• Section 21114.
  (a) If a statute or an instrument provides for transfer of a present or future interest to, or creates a present or future interest in, a...
• Section 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...
• Section 21117.
  At-death transfers are classified as follows:(a) A specific gift is a transfer of specifically identifiable property.(b) A general gift is a transfer from the general assets of...
• Section 21118.
  (a) If an instrument authorizes a fiduciary to satisfy a pecuniary gift wholly or partly by distribution of property other than money, property selected for that...

Last modified: October 22, 2018