DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100. - 6806.]
Division 6 enacted by Stats. 1990, Ch. 79.
§§ 6100–6806 · 136 sections
PART 1. WILLS §§ 6100–6390 · 74 sections
CHAPTER 1. General Provisions §§ 6100–6105 · 7 sections
- § 6100 (a) An individual 18 or more years of age who is of sound mind may make a will. (b) A conservator may make a will for the conservatee if the conservator has…
- § 6100.5 (a) An individual is not mentally competent to make a will if, at the time of making the will, either of the following is true: (1) The individual does not…
- § 6101 A will may dispose of the following property: (a) The testator’s separate property. (b) The one-half of the community property that belongs to the testator…
- § 6102 A will may make a disposition of property to any person, including but not limited to any of the following: (a) An individual. (b) A corporation. (c) An…
- § 6103 Except as otherwise specifically provided, Chapter 1 (commencing with Section 6100), Chapter 2 (commencing with Section 6110), Chapter 3 (commencing with…
- § 6104 The execution or revocation of a will or a part of a will is ineffective to the extent the execution or revocation was procured by duress, menace, fraud, or…
- § 6105 A will, the validity of which is made conditional by its own terms, shall be admitted to probate or rejected, or denied effect after admission to probate, in…
CHAPTER 2. Execution of Wills §§ 6110–6113 · 5 sections
- § 6110 (a) Except as provided in this part, a will shall be in writing and satisfy the requirements of this section. (b) The will shall be signed by one of the…
- § 6111 (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in…
- § 6111.5 Extrinsic evidence is admissible to determine whether a document constitutes a will pursuant to Section 6110 or 6111, or to determine the meaning of a will or…
- § 6112 (a) Any person generally competent to be a witness may act as a witness to a will. (b) A will or any provision thereof is not invalid because the will is…
- § 6113 A written will is validly executed if its execution complies with any of the following: (a) The will is executed in compliance with Section 6110 or 6111 or…
CHAPTER 3. Revocation and Revival §§ 6120–6124 · 6 sections
- § 6120 A will or any part thereof is revoked by any of the following: (a) A subsequent will which revokes the prior will or part expressly or by inconsistency. (b)…
- § 6121 A will executed in duplicate or any part thereof is revoked if one of the duplicates is burned, torn, canceled, obliterated, or destroyed, with the intent and…
- § 6122 (a) Unless the will expressly provides otherwise, if after executing a will the testator’s marriage is dissolved or annulled, the dissolution or annulment…
- § 6122.1 (a) Unless the will expressly provides otherwise, if after executing a will the testator’s domestic partnership is terminated, the termination revokes all of…
- § 6123 (a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under…
- § 6124 If the testator’s will was last in the testator’s possession, the testator was competent until death, and neither the will nor a duplicate original of the will…
CHAPTER 4. Reference to Matters Outside the Will §§ 6130–6132 · 3 sections
- § 6130 A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing…
- § 6131 A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether…
- § 6132 (a) Notwithstanding any other provision, a will may refer to a writing that directs disposition of tangible personal property not otherwise specifically…
CHAPTER 6. California Statutory Will §§ 6200–6243 · 23 sections
ARTICLE 1. Definitions and Rules of Construction §§ 6200–6211 · 11 sections
- § 6200 Unless the provision or context clearly requires otherwise, these definitions and rules of construction govern the construction of this chapter.
- § 6201 “Testator” means a person choosing to adopt a California statutory will.
- § 6203 “Executor” means both the person so designated in a California statutory will and any other person acting at any time as the executor or administrator under a…
- § 6204 “Trustee” means both the person so designated in a California statutory will and any other person acting at any time as the trustee under a California…
- § 6205 “Descendants” mean children, grandchildren, and their lineal descendants of all generations, with the relationship of parent and child at each generation being…
- § 6206 A reference in a California statutory will to the “Uniform Gifts to Minors Act of any state” or the “Uniform Transfers to Minors Act of any state” includes…
- § 6207 Masculine pronouns include the feminine, and plural and singular words include each other, where appropriate.
- § 6208 (a) If a California statutory will states that a person shall perform an act, the person is required to perform that act. (b) If a California statutory will…
- § 6209 Whenever a distribution under a California statutory will is to be made to a person’s descendants, the property shall be divided into as many equal shares as…
- § 6210 “Person” includes individuals and institutions.
- § 6211 Reference to a person “if living” or who “survives me” means a person who survives the decedent by 120 hours. A person who fails to survive the decedent by 120…
ARTICLE 2. General Provisions §§ 6220–6227 · 8 sections
- § 6220 Any individual of sound mind and over the age of 18 may execute a California statutory will under the provisions of this chapter.
- § 6221 A California statutory will shall be executed only as follows: (a) The testator shall complete the appropriate blanks and shall sign the will. (b) Each witness…
- § 6222 The execution of the attestation clause provided in the California statutory will by two or more witnesses satisfies Section 8220.
- § 6223 (a) There is only one California statutory will. (b) The California statutory will includes all of the following: (1) The contents of the California statutory…
- § 6224 If more than one property disposition clause appearing in paragraphs 2 or 3 of a California statutory will is selected, no gift is made. If more than one…
- § 6225 Only the texts of property disposition clauses and the mandatory clauses shall be considered in determining their meaning. Their titles shall be disregarded.
- § 6226 (a) A California statutory will may be revoked and may be amended by codicil in the same manner as other wills. (b) Any additions to or deletions from the…
- § 6227 (a) If after executing a California statutory will the testator’s marriage is dissolved or annulled, or the testator’s registered domestic partnership is…
ARTICLE 3. Form and Full Text of Clauses §§ 6240–6243 · 4 sections
- § 6240 The following is the California Statutory Will form: QUESTIONS AND ANSWERS ABOUT THIS CALIFORNIA STATUTORY WILL The following information, in question and…
- § 6241 The mandatory clauses of the California statutory will form are as follows: (a) Intestate Disposition. If the testator has not made an effective disposition of…
- § 6242 (a) Except as specifically provided in this chapter, a California statutory will shall include only the texts of the property disposition clauses and the…
- § 6243 Except as specifically provided in this chapter, the general law of California applies to a California statutory will.
CHAPTER 7. Uniform Testamentary Additions to Trusts Act §§ 6300–6303 · 3 sections
- § 6300 (a) A devise, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established…
- § 6301 This chapter does not invalidate any devise made by a will executed prior to September 17, 1965.
- § 6303 This chapter may be cited as the Uniform Testamentary Additions to Trusts Act.
CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will §§ 6320–6330 · 11 sections
- § 6320 As used in this chapter, unless the context otherwise requires: (a)“Designation” means a designation made pursuant to Section 6321. (b) “Instrument” includes…
- § 6321 An instrument may designate as a primary or contingent beneficiary, payee, or owner a trustee named or to be named in the will of the person entitled to…
- § 6322 The designation is ineffective unless the designator’s will contains provisions creating the trust or makes a disposition valid under Section 6300.
- § 6323 Subject to the provisions of Section 6325, the benefits or rights resulting from the designation are payable or transferable directly to the trustee, without…
- § 6324 Except as otherwise provided in the designator’s will, the rights and benefits and their proceeds paid or transferred to the trustee are not subject to the…
- § 6325 (a) The court in which the proceedings are pending for administration of the estate of the decedent has jurisdiction, before or after payment or transfer of…
- § 6326 As to matters not specifically provided in Section 6325, the provisions of Division 9 (commencing with Section 15000) apply to the trust.
- § 6327 An appeal may be taken from any of the following: (a) Any order described in Part 3 (commencing with Section 1300) of Division 3 made pursuant to this chapter.…
- § 6328 If no qualified trustee makes claim to the benefits or rights or proceeds within one year after the death of the designator, or if satisfactory evidence is…
- § 6329 Enactment of this chapter does not invalidate trusts, otherwise valid, not made pursuant to the provisions of this chapter.
- § 6330 This chapter, insofar as it is substantially the same as former Chapter 10 (commencing with Section 175) of former Division 1, repealed by Section 18 of…
CHAPTER 9. Devise Subject to California Uniform Transfers to Minors Act §§ 6341–6349 · 5 sections
- § 6341 If a testator’s will provides that devised property shall be paid or delivered or transferred to a custodian subject to the California Uniform Gifts to Minors…
- § 6345 The will may provide for successor or substitute custodians and may specify the standard of compensation of the custodian.
- § 6347 (a) Except as otherwise provided in the will or ordered by a court, each custodian designated in the will and the person for whom the property is to be held…
- § 6348 Until distribution of the property pursuant to an order for distribution is completed, the court in which administration of the estate of the testator is…
- § 6349 (a) This chapter shall not be construed as providing an exclusive method for making devises to or for the benefit of minors. (b) Nothing in this chapter limits…
CHAPTER 11. Uniform International Wills Act §§ 6380–6390 · 11 sections
- § 6380 In this chapter: (a) “International will” means a will executed in conformity with Sections 6381 to 6384, inclusive. (b) “Authorized person” and “person…
- § 6381 (a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile,…
- § 6382 (a) The will shall be made in writing. It need not be written by the testator himself or herself. It may be written in any language, by hand or by any other…
- § 6383 (a) The signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet shall be signed by the testator or, if the…
- § 6384 The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this chapter for valid…
- § 6385 In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under…
- § 6386 The international will is subject to the ordinary rules of revocation of wills.
- § 6387 Sections 6380 to 6386, inclusive, derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In…
- § 6388 Individuals who have been admitted to practice law before the courts of this state and who are in good standing as active law practitioners of this state are…
- § 6389 The Secretary of State shall establish a registry system by which authorized persons may register in a central information center information regarding the…
- § 6390 After December 31, 1984, a reference in a written instrument, including a will, to the former law (repealed by Chapter 892 of the Statutes of 1984) shall be…
PART 2. INTESTATE SUCCESSION §§ 6400–6455 · 20 sections
CHAPTER 1. Intestate Succession Generally §§ 6400–6414 · 14 sections
- § 6400 Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in this part.
- § 6401 (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section…
- § 6402 Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse, under Section 6401, or the entire intestate estate…
- § 6402.5 (a) For purposes of distributing real property under this section if the decedent had a predeceased spouse who died not more than 15 years before the decedent…
- § 6403 (a) A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of intestate succession, and the heirs…
- § 6404 Part 4 (commencing with Section 6800) (escheat) applies if there is no taker of the intestate estate under the provisions of this part.
- § 6406 Except as provided in Section 6451, relatives of the halfblood inherit the same share they would inherit if they were of the whole blood.
- § 6407 Relatives of the decedent conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent.
- § 6409 (a) If a person dies intestate as to all or part of his or her estate, property the decedent gave during lifetime to an heir is treated as an advancement…
- § 6410 (a) A debt owed to the decedent is not charged against the intestate share of any person except the debtor. (b) If the debtor fails to survive the decedent,…
- § 6411 No person is disqualified to take as an heir because that person or a person through whom the person claims is or has been a person who is not a citizen or…
- § 6412 Except to the extent provided in Section 120, the estates of dower and curtesy are not recognized.
- § 6413 A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the…
- § 6414 (a) Except as provided in subdivision (b), this part does not apply where the decedent died before January 1, 1985, and the law applicable prior to January 1,…
CHAPTER 2. Parent and Child Relationship §§ 6450–6455 · 6 sections
- § 6450 Subject to the provisions of this chapter, a relationship of parent and child exists for the purpose of determining intestate succession by, through, or from a…
- § 6451 (a) An adoption severs the relationship of parent and child between an adopted person and a natural parent of the adopted person unless both of the following…
- § 6452 (a) A parent does not inherit from or through a child on the basis of the parent and child relationship if any of the following apply: (1) The parent’s…
- § 6453 For the purpose of determining whether a person is a “natural parent” as that term is used in this chapter: (a) A natural parent and child relationship is…
- § 6454 For the purpose of determining intestate succession by a person or the person’s issue from or through a foster parent or stepparent, the relationship of parent…
- § 6455 Nothing in this chapter affects or limits application of the judicial doctrine of equitable adoption for the benefit of the child or the child’s issue.
PART 3. FAMILY PROTECTION §§ 6500–6615 · 35 sections
CHAPTER 1. Temporary Possession of Family Dwelling and Exempt Property §§ 6500–6501 · 2 sections
- § 6500 Until the inventory is filed and for a period of 60 days thereafter, or for such other period as may be ordered by the court for good cause on petition…
- § 6501 A petition for an order under Section 6500 may be filed by any interested person. Notice of the hearing on the petition shall be given as provided in Section…
CHAPTER 2. Setting Aside Exempt Property Other Than Family Dwelling §§ 6510–6511 · 2 sections
- § 6510 Upon the filing of the inventory or at any subsequent time during the administration of the estate, the court in its discretion may on petition therefor set…
- § 6511 A petition for an order under Section 6510 may be filed by any interested person. Notice of the hearing on the petition shall be given as provided in Section…
CHAPTER 3. Setting Aside Probate Homestead §§ 6520–6528 · 9 sections
- § 6520 Upon the filing of the inventory or at any subsequent time during the administration of the estate, the court in its discretion may on petition therefor select…
- § 6521 The probate homestead shall be set apart for the use of one or more of the following persons: (a) The surviving spouse. (b) The minor children of the decedent.
- § 6522 (a) The probate homestead shall be selected out of the following property, giving first preference to the community and quasi-community property of, or…
- § 6523 (a) In selecting and setting apart the probate homestead, the court shall consider the needs of the surviving spouse and minor children, the liens and…
- § 6524 The property set apart as a probate homestead shall be set apart only for a limited period, to be designated in the order, and in no case beyond the lifetime…
- § 6525 (a) A petition to select and set apart a probate homestead may be filed by any interested person. (b) Notice of the hearing on the petition shall be given as…
- § 6526 (a) Property of the decedent set apart as a probate homestead is liable for claims against the estate of the decedent, subject to the probate homestead right.…
- § 6527 (a) The court may by order modify the term or conditions of the probate homestead right or terminate the probate homestead right at any time prior to entry of…
- § 6528 Nothing in this chapter terminates or otherwise affects a declaration of homestead by, or for the benefit of, a surviving spouse or minor child of the decedent…
CHAPTER 4. Family Allowance §§ 6540–6545 · 6 sections
- § 6540 (a) The following are entitled to such reasonable family allowance out of the estate as is necessary for their maintenance according to their circumstances…
- § 6541 (a) The court may grant or modify a family allowance on petition of any interested person. (b) With respect to an order for the family allowance provided for…
- § 6542 A family allowance commences on the date of the court’s order or such other time as may be provided in the court’s order, whether before or after the date of…
- § 6543 (a) A family allowance shall terminate no later than the entry of the order for final distribution of the estate or, if the estate is insolvent, no later than…
- § 6544 The costs of proceedings under this chapter shall be paid by the estate as expenses of administration.
- § 6545 Notwithstanding Chapter 2 (commencing with Section 916) of Title 13 of Part 2 of the Code of Civil Procedure, the perfecting of an appeal from an order made…
CHAPTER 6. Small Estate Set-Aside §§ 6600–6615 · 16 sections
- § 6600 (a) Subject to subdivision (b), for the purposes of this chapter, “decedent’s estate” means all the decedent’s personal property, wherever located, and all the…
- § 6601 As used in this chapter, “minor child” means a child of the decedent who was under the age of 18 at the time of the decedent’s death and who survived the…
- § 6602 A petition may be filed under this chapter requesting an order setting aside the decedent’s estate to the decedent’s surviving spouse and minor children, or…
- § 6603 The petition shall be filed in the superior court of a county in which the estate of the decedent may be administered.
- § 6604 (a) The petition shall allege that this chapter applies and request that an order be made setting aside the estate of the decedent as provided in this chapter.…
- § 6605 (a) If proceedings for the administration of the estate of the decedent are pending, a petition under this chapter shall be filed in those proceedings without…
- § 6606 (a) A petition may be filed under this chapter by any of the following: (1) The person named in the will of the decedent as executor. (2) The surviving spouse…
- § 6607 (a) Where proceedings for the administration of the estate of the decedent are not pending when the petition is filed under this chapter and the petition under…
- § 6608 If a petition is filed under this chapter, the personal representative, or the petitioner if no personal representative has been appointed, shall file with the…
- § 6609 (a) If the court determines that the net value of the decedent’s estate, over and above all liens and encumbrances at the date of death of the decedent and…
- § 6610 Upon becoming final, an order under Section 6609 shall be conclusive on all persons, whether or not they are then in being.
- § 6611 (a) Subject to the limitations and conditions specified in this section, the person or persons in whom title vested pursuant to Section 6609 are personally…
- § 6612 If a petition filed under this chapter is filed with a petition for the probate of the decedent’s will or for administration of the estate of the decedent and…
- § 6613 The attorney’s fees for services performed in connection with the filing of a petition and the obtaining of a court order under this chapter shall be…
- § 6614 Sections 6600 to 6613, inclusive, do not apply if the decedent died before July 1, 1987. If the decedent died before July 1, 1987, the case continues to be…
- § 6615 A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 640 to 647.5, inclusive,…
PART 4. ESCHEAT OF DECEDENT'S PROPERTY §§ 6800–6806 · 7 sections
- § 6800 (a) If a decedent, whether or not the decedent was domiciled in this state, leaves no one to take the decedent’s estate or any portion thereof by testate…
- § 6801 Real property in this state escheats to this state in accordance with Section 6800.
- § 6802 All tangible personal property owned by the decedent, wherever located at the decedent’s death, that was customarily kept in this state prior to the decedent’s…
- § 6803 (a) Subject to subdivision (b), all tangible personal property owned by the decedent that is subject to the control of a superior court of this state for…
- § 6804 All intangible property owned by the decedent escheats to this state in accordance with Section 6800 if the decedent was domiciled in this state at the time of…
- § 6805 (a) Subject to subdivision (b), all intangible property owned by the decedent that is subject to the control of a superior court of this state for purposes of…
- § 6806 Notwithstanding any other provision of law, a benefit consisting of money or other property distributable from a trust established under a plan providing…