PART 2. DEFINITIONS [20. - 88.]

Part 2 enacted by Stats. 1990, Ch. 79.

§§ 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.