DIVISION 1. PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88.]

Division 1 enacted by Stats. 1990, Ch. 79.

§§ 1–88 · 60 sections

1. PART 1. PRELIMINARY PROVISIONS §§ 1–13 · 13 sections

   • § 1 This code shall be known as the Probate Code.
   • § 2 (a) A provision of this code, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be…
   • § 3 (a) As used in this section: (1) “New law” means either of the following, as the case may be: (A) The act that enacted this code. (B) The act that makes a…
   • § 4 Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
   • § 5 If a notice or other communication is required by this code to be mailed by registered mail, the mailing of the notice or other communication by certified mail…
   • § 6 Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code.
   • § 7 Whenever a reference is made to any portion of this code or to any other law, the reference applies to all amendments and additions heretofore or hereafter…
   • § 8 Unless otherwise expressly stated: (a) “Division” means a division of this code. (b) “Part” means a part of the division in which that term occurs. (c)…
   • § 9 The present tense includes the past and future tenses, and the future, the present.
   • § 10 The singular number includes the plural, and the plural, the singular.
   • § 11 If any provision or clause of this code or application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions…
   • § 12 “Shall” is mandatory and “may” is permissive.
   • § 13 (a) The degree of kinship or consanguinity between two persons is determined by counting the number of generations separating those persons, pursuant to…
2. PART 2. DEFINITIONS §§ 20–88 · 47 sections

   • § 20 Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code.
   • § 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,…
   • § 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 II of…
   • § 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…
   • § 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…
   • § 26 “Child” means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved.
   • § 28 “Community property” means: (a) Community property heretofore or hereafter acquired during marriage by a married person while domiciled in this state. (b) All…
   • § 29 “Conservatee” includes a limited conservatee.
   • § 30 “Conservator” includes a limited conservator.
   • § 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 of real or personal…
   • § 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 a trustee on trust…
   • § 36 “Dissolution of marriage” includes divorce.
   • § 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…
   • § 38 “Family allowance” means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6.
   • § 39 “Fiduciary” means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform…
   • § 40 “Financial institution” means a state or national bank, state or federal savings and loan association or credit union, or like organization.
   • § 42 “General personal representative” is defined in subdivision (b) of Section 58.
   • § 44 “Heir” means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code.
   • § 45 “Instrument” means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative…
   • § 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 savings and loan…
   • § 48 (a) Subject to subdivision (b), “interested person” includes any of the following: (1) An heir, devisee, child, spouse, creditor, beneficiary, and any other…
   • § 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 determined…
   • § 52 “Letters”: (a) As it relates to a personal representative, means letters testamentary, letters of administration, letters of administration with the will…
   • § 54 “Parent” means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved.
   • § 55 “Pay-on-death account” or “P.O.D. account” is defined in Section 5140.
   • § 56 “Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability…
   • § 58 (a) “Personal representative” means executor, administrator, administrator with the will annexed, special administrator, successor personal representative,…
   • § 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 following: (a)…
   • § 60 “Probate homestead” means a homestead provided for in Chapter 3 (commencing with Section 6520) of Part 3 of Division 6.
   • § 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…
   • § 62 “Property” means anything that may be the subject of ownership and includes both real and personal property and any interest therein.
   • § 66 “Quasi-community property” means the following property, other than community property as defined in Section 28: (a) All personal property wherever situated,…
   • § 68 “Real property” includes a leasehold interest in real property.
   • § 69 “Revocable transfer on death deed” or “revocable TOD deed” means a revocable transfer on death deed as described in Section 5614.
   • § 70 “Security” includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or…
   • § 72 “Spouse” includes domestic partner, as defined in Section 37 of this code, as required by Section 297.5 of the Family Code.
   • § 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…
   • § 76 A “subscribing witness” to a will means a witness who signs the will as provided in Section 6110.
   • § 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…
   • § 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 established by…
   • § 81 “Transferor” means the testator, settlor, grantor, owner, or other person who executes an instrument.
   • § 81.5 “Transferee” means the beneficiary, donee, or other recipient of an interest transferred by an instrument.
   • § 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…
   • § 83 “Trust company” means an entity that has qualified to engage in and conduct a trust business in this state.
   • § 84 “Trustee” includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.
   • § 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 this…
   • § 88 “Will” includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will.