Title PROB, California Prob. Code

Except as otherwise provided in this division, the general provisions in Division 3 (commencing with Section 1000) apply to proceedings under this division. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)

(a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual reti…

Notwithstanding any other provision of this part, a holder of property under an instrument of a type described in Section 5000 is not required to receive, hold, or transfer the property in compliance with a provision for a nonprobate transfer on death executed by a person who has…

(a) A holder of property under an instrument of a type described in Section 5000 may transfer the property in compliance with a provision for a nonprobate transfer on death that satisfies the terms of the instrument, whether or not the transfer is consistent with the beneficial o…

(a) Subject to the provisions of this chapter, an action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued against the decedent’s estate without the need to join as a party the decedent’s personal representative …

Notwithstanding Section 366.2 of the Code of Civil Procedure, if the limitations period otherwise applicable to the action has not expired at the time of the decedent’s death, an action under this chapter may be commenced within one year after the expiration of the limitations pe…

(a) An action under this chapter shall name as the defendant, “Estate of (name of decedent), Deceased.” Summons shall be served on a person designated in writing by the insurer or, if none, on the insurer. Further proceedings shall be in the name of the estate, but otherwise shal…

The insurer may deny or otherwise contest its liability in an action under this chapter or by an independent action. Unless the personal representative is joined as a party, a judgment in the action under this chapter or in the independent action does not adjudicate rights by or …

(a) Except as provided in subdivision (b), either the damages sought in an action under this chapter shall be within the limits and coverage of the insurance, or recovery of damages outside the limits or coverage of the insurance shall be waived. A judgment in favor of the plaint…

(a) This chapter does not apply to an action commenced before July 1, 1989. (b) The applicable law in effect before July 1, 1989, continues to apply to an action commenced before July 1, 1989, notwithstanding its repeal by Chapter 1199 of the Statutes of 1988. (Enacted by Stats. …

Except to the extent that the common law rules governing powers of appointment are modified by statute, the common law as to powers of appointment is the law of this state. (Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)

If the law existing at the time of the creation of a power of appointment and the law existing at the time of the release or exercise of the power of appointment or at the time of the assertion of a right given by this part differ, the law existing at the time of the release, exe…

(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 been so authorized by a court order pursuant to Section 2580. Nothing in this section shall impair the right of a conservat…

(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 have sufficient mental capacity to be able to do any of the following: (A) Understand the nature of the testamentary act. (B…

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 under Section 100. (c) The one-half of the testator’s quasi-community property that belongs to the testator under Section 10…

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 unincorporated association, society, lodge, or any branch thereof. (d) A county, city, city and county, or any municipal corpor…

Except as otherwise specifically provided, Chapter 1 (commencing with Section 6100), Chapter 2 (commencing with Section 6110), Chapter 3 (commencing with Section 6120), Chapter 4 (commencing with Section 6130), Chapter 6 (commencing with Section 6200), and Chapter 7 (commencing w…

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 undue influence. (Enacted by Stats. 1990, Ch. 79.)

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 conformity with the condition. (Enacted by Stats. 1990, Ch. 79.)

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. (Enacted by Stats. 1990, Ch. 79.)

(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 100. (b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-communi…

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 if there is no surviving spouse, passes as follows: (a) To the issue of the decedent, the issue taking equally if they ar…

(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 and there is no surviving spouse or issue of the decedent, the portion of the decedent’s estate attributable to the deced…

(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 are determined accordingly. If it cannot be established by clear and convincing evidence that a person who would otherwise…

Part 4 (commencing with Section 6800) (escheat) applies if there is no taker of the intestate estate under the provisions of this part. (Enacted by Stats. 1990, Ch. 79.)

Except as provided in Section 6451, relatives of the halfblood inherit the same share they would inherit if they were of the whole blood. (Amended by Stats. 1993, Ch. 529, Sec. 3. Effective January 1, 1994.)

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. (Enacted by Stats. 1990, Ch. 79.)

(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 against that heir’s share of the intestate estate only if one of the following conditions is satisfied: (1) The decedent decla…

(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, the debt is not taken into account in computing the intestate share of the debtor’s issue. (Enacted by Stats. 1990, Ch. 79.…

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 national of the United States. (Amended by Stats. 2021, Ch. 296, Sec. 54. (AB 1096) Effective January 1, 2022.)

Except to the extent provided in Section 120, the estates of dower and curtesy are not recognized. (Enacted by Stats. 1990, Ch. 79.)

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 person to the larger share. (Enacted by Stats. 1990, Ch. 79.)

(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, 1985, continues to apply where the decedent died before January 1, 1985. (b) Section 6412 applies whether the decedent di…

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 therefor, the decedent’s surviving spouse and minor children are entitled to remain in possession of the family dwelling, the we…

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 1220. (Enacted by Stats. 1990, Ch. 79.)

Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)

Subject to Section 7001, title to a decedent’s property passes on the decedent’s death to the person to whom it is devised in the decedent’s last will or, in the absence of such a devise, to the decedent’s heirs as prescribed in the laws governing intestate succession. (Enacted b…

The decedent’s property is subject to administration under this code, except as otherwise provided by law, and is subject to the rights of beneficiaries, creditors, and other persons as provided by law. (Enacted by Stats. 1990, Ch. 79.)

“Attorney” means an individual licensed to practice law in this state. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)

“Deposit” means delivery of a document by a depositor to an attorney for safekeeping or authorization by a depositor for an attorney to retain a document for safekeeping. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)

“Depositor” means a natural person who deposits the person’s document with an attorney. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)

“Document” means any of the following: (a) A signed original will, declaration of trust, trust amendment, or other document modifying a will or trust. (b) A signed original power of attorney. (c) A signed original nomination of conservator. (d) Any other signed original instrumen…

(a) At any time after a decedent’s death, any interested person may commence proceedings for administration of the estate of the decedent by a petition to the court for an order determining the date and place of the decedent’s death and for either or both of the following: (1) Ap…

Unless good cause for delay is shown, if a person named in a will as executor fails to petition the court for administration of the estate within 30 days after the person has knowledge of the death of the decedent and that the person is named as executor, the person may be held t…

(a) The petition shall contain all of the following information: (1) The date and place of the decedent’s death. (2) The street number, street, and city, or other address, and the county, of the decedent’s residence at the time of death. (3) The name, age, address, and relation t…

(a) The hearing on the petition shall be set for a day not less than 15 nor more than 30 days after the petition is filed. At the request of the petitioner made at the time the petition is filed, the hearing on the petition shall be set for a day not less than 30 nor more than 45…