California

Probate Code

2,711 sections, each with the official text and a plain-English explanation of what it means for you.

• § 5023 — (a) As used in this section “modification” means revocation of a provision for a nonprobate transfer on death in whole or part, designation of a different beneficiary, or election of a different benef
• § 5030 — (a) A spouse’s written consent to a provision for a nonprobate transfer of community property on death is revocable during the marriage.
• § 5031 — (a) If a married person executes a provision for a nonprobate transfer of community property on death with the written consent of the person’s spouse, the consenting spouse may revoke the consent by a
• § 5032 — On revocation of a spouse’s written consent to a nonprobate transfer of community property on death, the property passes in the same manner as if the consent had not been given.
• § 5040 — (a) Except as provided in subdivision (b), a nonprobate transfer to the transferor’s former spouse, in an instrument executed by the transferor before or during the marriage or registered domestic par
• § 5042 — (a) Except as provided in subdivision (b), a joint tenancy between the decedent and the decedent’s former spouse, created before or during the marriage or registered domestic partnership, is severed a
• § 5044 — (a) Nothing in this chapter affects the rights of a purchaser or encumbrancer of real property for value who in good faith relies on an affidavit or a declaration under penalty of perjury under the la
• § 5046 — Nothing in this chapter is intended to limit the court’s authority to order a party to a dissolution or annulment of marriage to maintain the former spouse as a beneficiary on any nonprobate transfer
• § 5048 — (a) This chapter, formerly Part 4 (commencing with Section 5600), is operative on January 1, 2002.
• § 5100 — This part may be cited as the California Multiple-Party Accounts Law.
• § 5120 — Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
• § 5122 — (a) “Account” means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, share account, and other l
• § 5124 — “Agent” means a person who has a present right, subject to request, to payment from an account as an attorney in fact under a power of attorney.
• § 5126 — “Beneficiary” means a person named in a Totten trust account as one for whom a party to the account is named as trustee.
• § 5128 — “Financial institution” includes: (a) A financial institution as defined in Section 40.
• § 5130 — “Joint account” means an account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship.
• § 5132 — A “multiple-party account” is any of the following types of account: (a) A joint account.
• § 5134 — (a) “Net contribution” of a party to an account as of any given time is the sum of all of the following: (1) All deposits thereto made by or for the party, less all withdrawals made by or for the part
• § 5136 — (a) “Party” means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account other than as an agent.
• § 5138 — “Payment” of sums on deposit includes all of the following: (a) A withdrawal, including payment on check or other directive of a party.
• § 5139 — “P.
• § 5140 — “P.
• § 5142 — “P.
• § 5144 — “Proof of death” includes any of the following: (a) An original or attested or certified copy of a death certificate.
• § 5146 — Except to the extent the terms of the account or deposit agreement expressly provide otherwise, a financial institution “receives” an order or notice under this part when it is received by the particu
• § 5148 — “Request” means a proper request for withdrawal, including a check or order for payment, that complies with all conditions of the account (including special requirements concerning necessary signature
• § 5150 — “Sums on deposit” means both of the following: (a) The balance payable on an account, including interest and dividends earned, whether or not included in the current balance.
• § 5152 — “Withdrawal” includes payment to a third person pursuant to a check or other directive of a party or an agent.
• § 52 — “Letters”: (a) As it relates to a personal representative, means letters testamentary, letters of administration, letters of administration with the will annexed, or letters of special administration.
• § 5201 — (a) The provisions of Chapter 3 (commencing with Section 5301) concerning beneficial ownership as between parties, or as between parties and P.
• § 5202 — Nothing in this part affects the law relating to transfers in fraud of creditors.
• § 5203 — (a) Words in substantially the following form in a signature card, passbook, contract, or instrument evidencing an account, or words to the same effect, executed before, on, or after July 1, 1990, cre
• § 5204 — (a) In addition to a power of attorney otherwise authorized by law, a special power of attorney is authorized under this section to apply to one or more accounts at a financial institution or to one o
• § 5205 — This part applies to accounts in existence on July 1, 1990, and accounts thereafter established.
• § 5301 — (a) An account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each, unless there is clear and convincing evidence of a different intent.
• § 5302 — Subject to Section 5040: (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear a
• § 5303 — (a) The provisions of Section 5302 as to rights of survivorship are determined by the form of the account at the death of a party.
• § 5304 — Any transfers resulting from the application of Section 5302 are effective by reason of the account contracts involved and this part and are not to be considered as testamentary.
• § 5305 — (a) Notwithstanding Sections 5301 to 5303, inclusive, if parties to an account are married to each other, whether or not they are so described in the deposit agreement, their net contribution to the a
• § 5306 — For the purposes of this chapter, if an account is expressly described in the deposit agreement as a “tenancy in common” account, no right of survivorship arises from the terms of the account or under
• § 5307 — For the purposes of this chapter, except to the extent the terms of the account or deposit agreement expressly provide otherwise, if the parties to an account are married to each other and the account
• § 54 — “Parent” means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved.
• § 5401 — (a) Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts.
• § 5402 — Any sums in a joint account may be paid, on request and according to its terms, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded;
• § 5403 — Any P.
• § 5404 — Any Totten trust account may be paid, on request and according to its terms, to any trustee.
• § 5405 — (a) Payment made pursuant to Section 5401, 5402, 5403, or 5404 discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial own
• § 5406 — The provisions of this chapter that apply to the payment of a Totten trust account apply to an account in the name of one or more parties as trustee for one or more other persons if the financial inst
• § 5407 — If a financial institution is required or permitted to make payment pursuant to this chapter to a person who is a minor: (a) If the minor is a party to a multiple-party account, payment may be made to
• § 55 — “Pay-on-death account” or “P.
• § 550 — (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 es
• § 5500 — (a) This part shall be known as and may be cited as the Uniform TOD Security Registration Act.
• § 5501 — For purposes of this part: (a) “Beneficiary form” means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will becom
• § 5502 — Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more individuals with right of survivorship, rather than as tenants in common,
• § 5503 — A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registerin
• § 5504 — A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner
• § 5505 — Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD,” or by the words “pay on death” or the abbreviation “POD,” after the name of the registered own
• § 5506 — The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death.
• § 5507 — On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners.
• § 5508 — (a) A registering entity is not required to offer or to accept requests for security registration in beneficiary form.
• § 5509 — (a) Any transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this part
• § 551 — Notwithstanding Section 366.
• § 5510 — (a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for (1) registrations in beneficiary form, and
• § 5511 — Nothing in this part alters the community character of community property or community rights in community property.
• § 5512 — This part applies to registrations of securities in beneficiary form made before, on, or after January 1, 1999, by decedents dying on or after January 1, 1999.
• § 552 — (a) An action under this chapter shall name as the defendant, “Estate of (name of decedent), Deceased.
• § 553 — The insurer may deny or otherwise contest its liability in an action under this chapter or by an independent action.
• § 554 — (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
• § 555 — (a) This chapter does not apply to an action commenced before July 1, 1989.
• § 56 — “Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity.
• § 5600 — (a) This part applies to a revocable transfer on death deed made by a transferor who dies on or after January 1, 2016, whether the deed was executed or recorded before, on, or after January 1, 2016.
• § 5602 — This part does not preclude use of any other method of conveying real property that is permitted by law and that has the effect of postponing enjoyment of the property until the death of the owner.
• § 5604 — (a) Except as provided in subdivision (b), nothing in this part affects the application to a revocable transfer on death deed of any other statute governing a nonprobate transfer on death, including,
• § 5605 — (a) The California Law Revision Commission shall study the effect of California’s revocable transfer on death deed and make recommendations for improvement of this part.
• § 5606 — Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
• § 5608 — “Beneficiary” means a person named in a revocable transfer on death deed as transferee of the property.
• § 5610 — (a) Except as provided in subdivision (b), “real property” means either of the following: (1) A parcel of land that is improved with one to four residential dwelling units.
• § 5612 — “Recorded” has the meaning provided in Section 1170 of the Civil Code.
• § 5614 — (a) “Revocable transfer on death deed” means an instrument created pursuant to this part that does all of the following: (1) Makes a donative transfer of real property to a named beneficiary.
• § 5614.5 — “Stock cooperative” has the same meaning as in Section 4190 of the Civil Code.
• § 5615 — “Subscribing witness” means a person who signs a revocable transfer on death deed as a witness, as provided in Section 5624.
• § 5616 — “Transferor” means an owner of real property who makes a revocable transfer on death deed of the property.
• § 5618 — “Unsecured debts” includes, but is not limited to, a transferor’s funeral expenses, expenses of a transferor’s last illness, and wage claims.
• § 5620 — An owner of real property who has the capacity to contract may make a revocable transfer on death deed of the property.
• § 5622 — The transferor shall identify the beneficiary by name in a revocable transfer on death deed.
• § 5624 — A revocable transfer on death deed is not effective unless all of the following conditions are satisfied: (a) The deed is signed by the transferor and dated.
• § 5625 — (a) Any person generally competent to be a witness may act as a witness to a revocable transfer on death deed.
• § 5626 — (a) A revocable transfer on death deed is not effective unless the deed is recorded on or before 60 days after the date it was acknowledged before a notary.
• § 5628 — (a) If a revocable transfer on death deed is recorded for the same property for which another revocable transfer on death deed is recorded, the later executed deed is the operative instrument and its
• § 5630 — A transferor who has the capacity to contract may revoke a revocable transfer on death deed at any time.
• § 5632 — (a) An instrument revoking a revocable transfer on death deed shall be executed and recorded in the same manner as execution and recordation of a revocable transfer on death deed.
• § 5642 — A revocable transfer on death deed shall be substantially in the following form.
• § 5644 — A transferor may revoke a revocable transfer on death deed by an instrument in substantially the following form: Revocation of Revocable Transfer on Death (TOD) Deed (California Probate Code Section 5
• § 5650 — During the transferor’s life, execution and recordation of a revocable transfer on death deed: (a) Does not affect the ownership rights of the transferor, and the transferor or the transferor’s agent
• § 5652 — (a) A revocable transfer on death deed transfers all of the transferor’s interest in the property on the transferor’s death according to the following rules: (1) Subject to the beneficiary’s right to
• § 5654 — (a) For the purpose of determination of eligibility for health care under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare
• § 5656 — For the purpose of application of the property taxation and documentary transfer tax provisions of the Revenue and Taxation Code: (a) Execution and recordation of, or revocation of, a revocable transf
• § 5658 — A court in which the transferor’s estate is being administered may, on the petition of the personal representative or interested person, or on its own motion, apply the doctrine of cy pres to reform a
• § 5659 — An error or ambiguity in describing property or designating a beneficiary does not invalidate a revocable transfer on death deed if the transferor’s intention can be determined by a court.
• § 5660 — (a) If a revocable transfer on death deed recorded on or before 60 days after the date it was acknowledged before a notary public and another instrument both purport to dispose of the same property: (
• § 5664 — If, at the time of the transferor’s death, title to the property described in the revocable transfer on death deed is held in joint tenancy or as community property with right of survivorship, the rev
• § 5666 — (a) Chapter 2 (commencing with Section 5010) of Part 1 applies to a revocable transfer on death deed of community property.
• § 5668 — A revocable transfer on death deed of community property with right of survivorship is subject to Section 5666, relating to a revocable transfer on death deed of community property.
• § 5670 — Notwithstanding any other statute governing priorities among creditors, a creditor of the transferor whose right is evidenced at the time of the transferor’s death by an encumbrance or lien of record
• § 5672 — Each beneficiary is personally liable to the extent provided in Section 5674 for the unsecured debts of the transferor.
• § 5674 — (a) A beneficiary is not liable under Section 5672 if proceedings for the administration of the transferor’s estate are commenced and the beneficiary satisfies the requirements of Section 5677 or 5678
• § 5677 — (a) If proceedings for the administration of the transferor’s estate are commenced, a beneficiary of a revocable transfer on death deed is personally liable to the estate for a share of the transferor
• § 5678 — (a) If proceedings for the administration of the transferor’s estate are commenced, a beneficiary who receives property from the transferor under a revocable transfer on death deed may voluntarily ret
• § 5680 — (a) The beneficiary may establish the fact of the transferor’s death under the procedure provided in Chapter 2 (commencing with Section 210) of Part 4 of Division 2.
• § 5681 — (a) After the death of the transferor, the beneficiary of a revocable transfer on death deed shall serve notice on the transferor’s heirs, along with a copy of the revocable transfer on death deed and
• § 5682 — If all of the following conditions are satisfied, a person dealing with a beneficiary of a revocable transfer on death deed of real property shall have the same rights and protections as the person wo
• § 5690 — (a) (1) An action for the disqualification of a beneficiary under Part 3.
• § 5692 — (a) A contest proceeding pursuant to Section 5690 shall not be commenced before the transferor’s death.
• § 5694 — If the court in a contest proceeding determines that a transfer of property by a revocable transfer on death deed is invalid, the court shall order the following relief: (a) If the proceeding was comm
• § 5696 — (a) Nothing in this chapter limits the application of principles of fraud, undue influence, duress, mistake, or other invalidating cause to a transfer of property by a revocable transfer on death deed
• § 5698 — Nothing in this chapter limits the application of other law that imposes a penalty or provides a remedy for the creation of a revocable transfer on death deed by means of fraud, undue influence, menac
• § 5700 — As used in this part, “gift” means a transfer of personal property made voluntarily and without consideration.
• § 5701 — Except as provided in this part, a gift in view of impending death is subject to the general law relating to gifts of personal property.
• § 5702 — (a) A gift in view of impending death is one which is made in contemplation, fear, or peril of impending death, whether from illness or other cause, and with intent that it shall be revoked if the giv
• § 5703 — A gift made during the last illness of the giver, or under circumstances which would naturally impress the giver with an expectation of speedy death, is presumed to be a gift in view of impending deat
• § 5704 — (a) A gift in view of impending death is revoked by: (1) The giver’s recovery from the illness, or escape from the peril, under the presence of which it was made.
• § 5705 — A gift in view of impending death is subject to Section 9653.
• § 58 — (a) “Personal representative” means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Sect
• § 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) A person who obtains or consents to a fi
• § 6 — Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code.
• § 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 Code.
• § 600 — 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.
• § 601 — 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 r
• § 610 — As used in this part: (a) “Appointee” means the person in whose favor a power of appointment is exercised.
• § 6100 — (a) An individual 18 or more years of age who is of sound mind may make a will.
• § 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 have sufficient mental capacity to be able t
• § 6101 — A will may dispose of the following property: (a) The testator’s separate property.
• § 6102 — A will may make a disposition of property to any person, including but not limited to any of the following: (a) An individual.
• § 6103 — 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 Sect
• § 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 undue influence.
• § 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 conformity with the condition.
• § 611 — (a) A power of appointment is “general” only to the extent that it is exercisable in favor of the powerholder, the powerholder’s estate, the powerholder’s creditors, or creditors of the powerholder’s
• § 6110 — (a) Except as provided in this part, a will shall be in writing and satisfy the requirements of this section.
• § 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 the handwriting of the testator.
• § 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 a portion of a will if the meaning is unc
• § 6112 — (a) Any person generally competent to be a witness may act as a witness to a will.
• § 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 6 (commencing with Section 6200) (Ca
• § 612 — (a) A power of appointment is “testamentary” if it is exercisable only by a will.
• § 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.
• § 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 for the purpose of revoking it, by either
• § 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 revokes all of the following: (1) Any disposi
• § 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 the following: (1) Any disposition or appo
• § 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 Section 6120 or 6121, the first will is revok
• § 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 can be found after the testator’s death,
• § 613 — A power of appointment is “imperative” where the creating instrument manifests an intent that the permissible appointees be benefited even if the powerholder fails to exercise the power.
• § 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 sufficiently to permit its identification.
• § 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 the acts and events occur before or after
• § 6132 — (a) Notwithstanding any other provision, a will may refer to a writing that directs disposition of tangible personal property not otherwise specifically disposed of by the will, except for money that
• § 62 — “Property” means anything that may be the subject of ownership and includes both real and personal property and any interest therein.
• § 620 — A power of appointment can be created only by a donor having the capacity to transfer the interest in property to which the power relates.
• § 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 California statutory will.
• § 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 statutory will.
• § 6205 — “Descendants” mean children, grandchildren, and their lineal descendants of all generations, with the relationship of parent and child at each generation being determined as provided in Section 21115.
• § 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 both the Uniform Gifts to Minors Act of any
• § 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.
• § 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 there are then living descendants of the n
• § 621 — (a) A power of appointment is created only if all of the following are satisfied: (1) There is a creating instrument.
• § 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.
• § 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.
• § 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.
• § 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.
• § 6225 — Only the texts of property disposition clauses and the mandatory clauses shall be considered in determining their meaning.
• § 6226 — (a) A California statutory will may be revoked and may be amended by codicil in the same manner as other wills.
• § 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 terminated, the dissolution, annulment, or ter
• § 6240 — The following is the California Statutory Will form: QUESTIONS AND ANSWERS ABOUT THIS CALIFORNIA STATUTORY WILL The following information, in question and answer form, is not a part of the California
• § 6241 — The mandatory clauses of the California statutory will form are as follows: (a) Intestate Disposition.
• § 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 mandatory clauses as they exist on the day the
• § 6243 — Except as specifically provided in this chapter, the general law of California applies to a California statutory will.
• § 625 — (a) A power of appointment can be exercised only by a powerholder having the capacity to transfer the interest in property to which the power relates.
• § 630 — (a) Except as otherwise provided in this part, if the creating instrument specifies requirements as to the manner, time, and conditions of the exercise of a power of appointment, the power can be exer
• § 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 by the testator, by the testator and some
• § 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.
• § 631 — (a) Where an appointment does not satisfy the formal requirements specified in the creating instrument as provided in subdivision (a) of Section 630, the court may excuse compliance with the formal re
• § 632 — If the creating instrument expressly directs that a power of appointment be exercised by an instrument that makes a specific reference to the power or to the instrument that created the power, the pow
• § 6320 — As used in this chapter, unless the context otherwise requires: (a) “Designation” means a designation made pursuant to Section 6321.
• § 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 designate the beneficiary, payee, or owner.
• § 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 becoming subject to administration, upon o
• § 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 debts of the designator to any greater exten
• § 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 benefits and rights or their proceeds to th
• § 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 furnished within such one-year period showin
• § 6329 — Enactment of this chapter does not invalidate trusts, otherwise valid, not made pursuant to the provisions of this chapter.
• § 633 — (a) If the creating instrument requires the consent of the donor or other person to exercise a power of appointment, the power can only be exercised when the required consent is contained in the instr
• § 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 842 of the Statutes of 1983, shall be c
• § 634 — A power of appointment created in favor of two or more powerholders can only be exercised when all of the powerholders unite in its exercise.