California

Probate Code

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

• § 19254 — If within 30 days after a claim is filed the trustee has refused or neglected to act on the claim, the refusal or neglect may, at the option of the claimant, be deemed equivalent to the giving of a no
• § 19255 — (a) A rejected claim is barred as to the part rejected unless the creditor brings an action on the claim or the matter is referred to a referee or to arbitration within the following times, excluding
• § 19300 — (a) Except as provided in Section 19303, after the death of the settlor all money judgments against the deceased settlor on a claim against the deceased settlor or against the trustee on a claim again
• § 19301 — When a money judgment against a trustee in a representative capacity becomes final, it conclusively establishes the validity of the claim for the amount of the judgment.
• § 19302 — (a) Notwithstanding the death of the settlor, a judgment for possession of trust property or a judgment for sale of trust property may be enforced under the Enforcement of Judgments Law (Title 9 (comm
• § 19303 — If trust property of the deceased settlor is subject to an execution lien at the time of the settlor’s death, enforcement against the property may proceed under the Enforcement of Judgments Law (Title
• § 19304 — (a) An attachment lien may be converted into a judgment lien on property in the trust estate subject to the attachment lien, with the same priority as the attachment lien, in either of the following c
• § 19320 — If it appears that a debt of the deceased settlor has been paid or is payable in whole or in part from property in the deceased settlor’s trust, then the trustee, the surviving spouse, the personal re
• § 19321 — A petition under Section 19320 shall include a statement of all of the following: (a) All debts of the deceased settlor and surviving spouse known to the petitioner that are alleged to be subject to a
• § 19322 — If it appears from the petition under Section 19320 that allocation would be affected by the value of the separate property of the surviving spouse and any community property and quasi-community prope
• § 19323 — (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on the survivin
• § 19324 — (a) The trustee, the personal representative, if any, of a deceased settlor’s probate estate, and the surviving spouse may provide for allocation of debts by agreement so long as the agreement substan
• § 19325 — On making a determination as provided in this chapter, the court shall make an order that: (a) Directs the trustee to make payment of the amounts allocated to the trust by payment to the surviving spo
• § 19326 — Notwithstanding any other statute, funeral expenses and expenses of last illness, in the absence of specific provisions in a will or trust to the contrary, shall be charged against the deceased settlo
• § 19330 — If proceedings are commenced under this part for the settlement of claims against the trust, and the time for filing claims has commenced, any action upon the liability of the surviving spouse under C
• § 19400 — Subject to Section 366.
• § 19401 — Subject to Section 19402, if the trustee filed a proposed notice to creditors pursuant to Section 19003 and published notice to creditors pursuant to Section 19040, and if the identity of the creditor
• § 19402 — (a) In any action under this chapter, subject to Section 366.
• § 19403 — Nothing in this chapter affects the rights of a purchaser or encumbrancer of property in good faith and for value from a person who is personally liable under this section.
• § 1950 — The Legislature recognizes that the right to exercise choice over matters of procreation is fundamental and may not be denied to an individual on the basis of disability.
• § 19501 — This part may be cited as the Uniform Trust Decanting Act.
• § 19502 — For purposes of this part: (a) “Appointive property” means the property or property interest subject to a power of appointment.
• § 19503 — (a) Except as otherwise provided in subdivisions (b) and (c), this part applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person hol
• § 19504 — (a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.
• § 19505 — This part applies to a trust created before, on, or after January 1, 2019, that satisfies either of the following conditions: (a) Has its principal place of administration in this state, including a t
• § 19507 — (a) In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given.
• § 19508 — (a) Notice to a person with authority to represent and bind another person under this code or a first trust instrument has the same effect as notice given directly to the person represented.
• § 19509 — (a) On application of an authorized fiduciary, a person entitled to notice under subdivision (c) of Section 19507, a beneficiary, or, with respect to a charitable interest, the Attorney General or oth
• § 1951 — (a) No person who has the ability to consent to his or her sterilization shall be sterilized pursuant to this chapter.
• § 19510 — An exercise of the decanting power shall be made in a writing signed by an authorized fiduciary.
• § 19511 — (a) For purposes of this section: (1) “Noncontingent right” means a right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur.
• § 19512 — (a) For purposes of this section, “limited distributive discretion” means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.
• § 19513 — (a) For purposes of this section: (1) “Beneficiary with a disability” means a beneficiary of a first trust who the special needs fiduciary believes may qualify for governmental benefits based on disab
• § 19514 — (a) For purposes of this section: (1) “Determinable charitable interest” means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specifi
• § 19515 — (a) An authorized fiduciary may not exercise the decanting power to the extent the first trust instrument expressly prohibits exercise of either of the following: (1) The decanting power.
• § 19516 — (a) If a first trust instrument specifies an authorized fiduciary’s compensation, the fiduciary may not exercise the decanting power to increase the fiduciary’s compensation above the specified compen
• § 19517 — (a) Except as otherwise provided in this section, a second trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first trust instrume
• § 19518 — An authorized fiduciary may not exercise the decanting power to modify a provision in a first trust instrument granting another person power to remove or replace the fiduciary unless any of the follow
• § 19519 — (a) For purposes of this section: (1) “Grantor trust” means a trust as to which a settlor of a first trust is considered the owner under Sections 671 to 677, inclusive, or Section 679 of the Internal
• § 1952 — The conservator of an adult, or any person authorized to file a petition for the appointment of a conservator under paragraphs (2) to (5), inclusive, of subdivision (a) of Section 1820, may file a pet
• § 19520 — (a) Subject to subdivision (b), a second trust may have a duration that is the same as, or different from, the duration of the first trust.
• § 19521 — An authorized fiduciary may exercise the decanting power whether or not under the first trust’s discretionary distribution standard the fiduciary would have made or could have been compelled to make a
• § 19522 — (a) If exercise of the decanting power would be effective under this part, except that the second trust instrument in part does not comply with this part, the exercise of the power is effective and th
• § 19523 — (a) For purposes of this section: (1) “Animal trust” means a trust or an interest in a trust described in Section 15212.
• § 19524 — A reference in this code to a trust instrument or terms of the trust includes a second trust instrument and the terms of the second trust.
• § 19525 — (a) For purposes of the law of this state other than this part and subject to subdivision (b), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of
• § 19526 — (a) Except as otherwise provided in subdivision (c), if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered p
• § 19527 — A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decantin
• § 19529 — This part does not limit a trustee’s ability to petition for instructions or other approval under a trust pursuant to Chapter 3 (commencing with Section 17200) of Part 5 or to petition for modificatio
• § 1953 — At least 90 days before the hearing on the petition under this chapter, notice of the time and place of the hearing and a copy of the petition shall be served on the person named in the petition and,
• § 19530 — The provisions of this part are severable.
• § 1954 — In any proceeding under this chapter, if the person named in the petition for court authorization to consent to sterilization has not retained legal counsel and does not plan to retain legal counsel,
• § 1954.5 — (a) The court shall appoint a facilitator for the person named in the petition, who shall assist the person named in the petition to do all of the following: (1) Understand the nature of the proceedin
• § 1955 — (a) The court shall request the director of the appropriate regional center for the developmentally disabled to coordinate an investigation and prepare and file a written report thereon.
• § 1956 — The person to whom the petition applies shall be present at the hearing except for reason of medical inability.
• § 1957 — To the greatest extent possible, the court shall elicit and take into account the views of the individual for whom sterilization is proposed in determining whether sterilization is to be authorized.
• § 1958 — The court may authorize the conservator of a person proposed to be sterilized to consent to the sterilization of that person only if the court finds that the petitioner has established all of the foll
• § 1959 — The fact that, due to the nature or severity of his or her disability, a person for whom an authorization to consent to sterilization is sought may be vulnerable to sexual conduct by others that would
• § 1960 — If the person named in the petition already has a conservator, the court may authorize that person to consent to sterilization or may appoint another person as limited conservator under the provisions
• § 1961 — A sterilization procedure authorized under this chapter shall not include hysterectomy or castration.
• § 1962 — (a) Any court order granting a petition under this chapter shall be accompanied by a written statement of decision pursuant to Section 632 of the Code of Civil Procedure detailing the factual and lega
• § 1963 — (a) At the conclusion of the hearing, the court, after inquiring into financial ability, may make an order based upon their ability that any one or more of the following persons pay court costs and fe
• § 1964 — An order of the court authorizing a conservator to consent to sterilization which is upheld on appeal automatically expires in one year from the final determination on appeal unless earlier terminated
• § 1965 — Any court order made pursuant to this chapter granting authority to consent to sterilization shall be stayed pending a final determination on appeal.
• § 1966 — After the filing of a first petition for sterilization pursuant to this chapter and a determination by the court that any one or more of the conditions required in Section 1958 has not been proven bey
• § 1967 — (a) The sterilization of a person in accordance with this chapter does not render the petitioner or any person participating in the conservatorship proceedings or sterilization liable, either civilly
• § 1968 — This chapter does not prohibit medical treatment or surgery required for other medical reasons and in which sterilization is an unavoidable or medically probable consequence, but is not the object of
• § 1969 — Nothing in this chapter shall infringe on the right of persons with developmental disabilities who are capable of giving consent to sterilization to give that consent without the necessity of a court
• § 1970 — (a) The Legislature finds that unwarranted petitions, applications, or motions other than discovery motions after a conservatorship has been established create an environment that can be harmful to th
• § 1980 — (a) By enacting this chapter, it is the Legislature’s intent to enact a modified version of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
• § 1981 — (a) (1) This chapter does not apply to a minor, regardless of whether the minor is or was married.
• § 1982 — In this chapter: (a) “Adult” means an individual who has attained 18 years of age.
• § 1983 — A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and Articles 2, 3, and 5.
• § 1984 — (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.
• § 1985 — (a) In a conservatorship proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing.
• § 1986 — (a) In a conservatorship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable
• § 1991 — (a) In this article: (1) “Emergency” means a circumstance that likely will result in substantial harm to a proposed conservatee’s health, safety, or welfare, and for which the appointment of a conserv
• § 1992 — For a conservatorship proceeding governed by this article, this article provides the exclusive basis for determining whether the courts of this state, as opposed to the courts of another state, have j
• § 1993 — (a) A court of this state has jurisdiction to appoint a conservator for a proposed conservatee if this state is the proposed conservatee’s home state.
• § 1994 — (a) A court of this state lacking jurisdiction under subdivisions (a) to (e), inclusive, of Section 1993 has special jurisdiction to do any of the following: (1) Appoint a temporary conservator of the
• § 1995 — Except as otherwise provided in Section 1994, a court that has appointed a conservator consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated
• § 1996 — (a) (1) A court of this state having jurisdiction under Section 1993 to appoint a conservator may decline to exercise its jurisdiction if it determines at any time that a court of another state is a m
• § 1997 — (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a conservator because of unjustifiable conduct, the court may do any of the following: (1) Decline to exerc
• § 1998 — If a petition for the appointment of a conservator of the person, conservator of the estate, or conservator of the person and estate is brought in this state and this state was not the home state of t
• § 1999 — Except for a petition for the appointment of a conservator under paragraph (1) or paragraph (2) of subdivision (a) of Section 1994, if a petition for the appointment of a conservator is filed in this
• § 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 construed as a restatement and continuation there
• § 20 — Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code.
• § 200 — If title to or an interest in real or personal property is affected by the death of a person, another person who claims an interest in the property may commence proceedings pursuant to this chapter to
• § 2001 — (a) A conservator appointed in this state may petition the court to transfer the conservatorship to another state.
• § 2002 — (a) (1) To confirm transfer of a conservatorship transferred to this state under provisions similar to Section 2001, the conservator shall petition the court in this state to accept the conservatorshi
• § 2003 — If a conservatorship is transferred under this article from a court of this state to the court of a California tribe or from the court of a California tribe to a court of this state, the order that pr
• § 201 — (a) Proceedings under this chapter shall be commenced in the superior court of the county of which the decedent was a resident at the time of death or in the superior court of any county in which the
• § 20100 — Except where the context otherwise requires, the following definitions shall govern the construction of this chapter: (a) “Estate tax” means a tax imposed by any federal or California estate tax law,
• § 20101 — (a) This chapter does not apply to persons interested in the estate of a decedent who died before January 1, 1987.
• § 2011 — If a conservator of the person has been appointed in another state and a petition for the appointment of a conservator of the person is not pending in this state, the conservator of the person appoint
• § 20110 — (a) Except as provided in subdivision (b), any estate tax shall be equitably prorated among the persons interested in the estate in the manner prescribed in this article.
• § 20111 — The proration required by this article shall be made in the proportion that the value of the property received by each person interested in the estate bears to the total value of all property received
• § 20112 — (a) In making a proration of the federal estate tax, allowances shall be made for credits allowed for state or foreign death taxes in determining the federal tax payable and for exemptions and deducti
• § 20113 — If a trust is created, or other provision made whereby a person is given an interest in the income of, an estate for years or for life in, or other temporary interest in, any property, the estate tax
• § 20114 — (a) As used in this section, “qualified real property” means qualified real property as defined in Section 2032A of the Internal Revenue Code (26 U.
• § 20114.5 — (a) As used in this section: (1) A reference to Section 4980A of the Internal Revenue Code means Section 4980A of the federal Internal Revenue Code of 1986 as amended (26 U.
• § 20115 — Where the payment of any portion of the federal estate tax is extended under the provisions of the federal estate tax law, the amount of extended tax shall be a charge against the persons who receive
• § 20116 — (a) If all property does not come into the possession of the personal representative, the personal representative is entitled, and has the duty, to recover from the persons interested in the estate th
• § 20117 — (a) If a person is charged with or required to pay an estate tax greater than the amount prorated to that person because another person does not pay the amount of estate tax prorated to the other pers
• § 2012 — If a conservator of the estate has been appointed in another state and a petition for a conservatorship of the estate is not pending in this state, the conservator appointed in the other state, after
• § 20120 — (a) The personal representative or any person interested in the estate may commence a proceeding to have a court determine the proration pursuant to this chapter.
• § 20121 — A proceeding under this article shall be commenced by filing a petition that sets forth all of the following information: (a) The jurisdictional facts.
• § 20122 — Not less than 30 days before the hearing, the petitioner shall do both of the following: (a) Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the pers
• § 20123 — (a) The court, upon making a determination as provided in this article, shall make an order: (1) Directing the personal representative to charge the prorated amounts against the persons against whom a
• § 20124 — Upon petition by the personal representative or any person interested in the estate, the court shall modify an order made pursuant to this article whenever it appears that the amount of estate tax as
• § 20125 — (a) A personal representative acting or resident in another state may commence an action in this state to recover from a person interested in the estate, who either is resident in this state or owns p
• § 2013 — If a conservator of the person and estate has been appointed in another state and a petition for a conservatorship of the person, conservatorship of the estate, or conservatorship of the person and es
• § 2014 — (a) At least 15 days before registering a conservatorship in this state, the conservator shall provide notice of an intent to register to all of the following: (1) The court supervising the conservato
• § 2015 — Upon registration of a conservatorship pursuant to this article, the court shall provide the conservator with written information concerning a conservator’s rights, duties, limitations, and responsibi
• § 2016 — (a) Upon registration of a conservatorship order from another state and the filing by the conservator of an acknowledgment of receipt of the written information required by Section 2015, the conservat
• § 2017 — (a) A third person who acts in good faith reliance on a conservatorship order registered under this article is not liable to any person for so acting if all of the following requirements are satisfied
• § 2018 — (a) A file-stamped copy of the registration documents required by Section 2011, 2012, or 2013 may be recorded in the office of any county recorder in this state.
• § 2019 — Notwithstanding any other provision of this article: (a) A conservatorship order of a court of a California tribe can be registered under Section 2011, 2012, or 2013, regardless of whether the conserv
• § 202 — If proceedings for the administration of the decedent’s estate are pending, proceedings under this chapter may be combined with the administration proceedings in the following manner: (a) The petition
• § 20200 — Except where the context otherwise requires, the following definitions shall govern the construction of this chapter: (a) “Generation-skipping transfer tax” means a tax imposed by any federal or Calif
• § 20201 — (a) This chapter does not apply to transferees of property of a decedent who died before January 1, 1987.
• § 2021 — In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it, consistent with th
• § 20210 — (a) Except as provided in subdivision (b), any generation-skipping transfer tax shall be equitably prorated among the transferees in the manner prescribed in this article.
• § 20211 — The proration required by this article shall be made in the proportion that the value of the property received by each transferee bears to the total value of all property received by all transferees,
• § 20212 — In making a proration required by this article: (a) Allowances shall be made for credits, exemptions, and deductions allowed for the purpose of determining the tax payable.
• § 20213 — If a trust is created or other provision made whereby a transferee is given an interest in income, or an estate for years or for life, or another temporary interest in property, the tax on both the te
• § 20214 — (a) If all property does not come into the possession of the trustee, the trustee is entitled, and has the duty, to recover from the transferees, the proportionate amount of the tax with which the tra
• § 20215 — (a) If a person is charged with, or required to pay, a generation-skipping transfer tax greater than the amount prorated to that person because another person does not pay the amount of generation-ski
• § 2022 — This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (Title 15 (commencing with Section 7001) of the United States Code), but does not mo
• § 20220 — (a) The trustee or any transferee may commence a proceeding to have a court determine the proration pursuant to this chapter.
• § 20221 — A proceeding under this article shall be commenced by filing a petition that sets forth all of the following information: (a) The jurisdictional facts.
• § 20222 — Not less than 30 days before the hearing the petitioner shall do both of the following: (a) Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the trust
• § 20223 — (a) The court, upon making a determination as provided in this article, shall make an order: (1) Directing the trustee to charge the prorated amounts against the transferees against whom the generatio
• § 20224 — Upon petition by the trustee or any transferee, the court shall modify an order made pursuant to this article whenever it appears that the amount of generation-skipping transfer tax as actually determ
• § 20225 — (a) A trustee acting or resident in another state may commence an action in this state to recover from a transferee, who either is resident in this state or owns property in this state, the amount of
• § 2023 — (a) On or before January 1, 2016, the Judicial Council shall develop court rules and forms as necessary for the implementation of this chapter.
• § 2024 — (a) This chapter applies to conservatorship proceedings begun on or after January 1, 2016.
• § 203 — (a) Except as provided in subdivision (b), notice of the hearing shall be given as provided in Section 1220.
• § 2031 — For the purposes of this chapter: (a) “California tribe” means an Indian tribe with jurisdiction that has tribal land located in California.
• § 2032 — Article 2 (commencing with Section 1991) does not apply to a proposed conservatee who is a member of an Indian tribe with jurisdiction.
• § 2033 — (a) If a petition for the appointment of a conservator has been filed in a court of this state and a conservator has not yet been appointed, any person entitled to notice of a hearing on the petition
• § 204 — (a) The petition and supporting affidavits may be received in evidence and acted upon by the court with the same force and effect as if the petitioner and affiants were personally present and testifie
• § 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, certificate of deposit, share account, mutual
• § 210 — If title to real property is affected by the death of a person, any person may record in the county in which the property is located any of the following documents establishing the fact of the death:
• § 2100 — Guardianships and conservatorships are governed by Division 3 (commencing with Section 1000), except to the extent otherwise expressly provided by statute, and by this division.
• § 2101 — The relationship of guardian and ward and of conservator and conservatee is a fiduciary relationship that is governed by the law of trusts, except as provided in this division.
• § 2102 — A guardian or conservator is subject to the regulation and control of the court in the performance of the duties of the office.
• § 2103 — (a) When a judgment or order made pursuant to this division becomes final, it releases the guardian or conservator and the sureties from all claims of the ward or conservatee and of any persons affect
• § 2104 — (a) A nonprofit charitable corporation may be appointed as a guardian or conservator of the person or estate, or both, if all of the following requirements are met: (1) The corporation is incorporated
• § 2104.1 — A nonprofit charitable corporation not incorporated in this state may be appointed as the guardian of a minor if all of the following requirements are met: (a) The articles of incorporation specifical
• § 2105 — (a) The court, in its discretion, may appoint for a ward or conservatee: (1) Two or more joint guardians or conservators of the person.
• § 2105.5 — (a) Except as provided in subdivision (b), where there is more than one guardian or conservator of the estate, one guardian or conservator is not liable for a breach of fiduciary duty committed by ano
• § 2106 — (a) The court, in its discretion, may appoint one guardian or conservator for several wards or conservatees.
• § 2107 — (a) Unless limited by court order, when a court of this state appoints a guardian or conservator of the person of a nonresident, the appointee has the same powers and duties as a guardian or conservat
• § 2108 — (a) Except to the extent the court for good cause determines otherwise, if a guardian of the person is nominated as provided in Article 1 (commencing with Section 1500) of Chapter 1 of Part 2 and is a
• § 2109 — (a) Subject to Section 2108, a guardian appointed under subdivision (d) of Section 1514 for particular property upon a nomination made under Section 1501 has, with respect to that property, the same p
• § 211 — (a) A document establishing the fact of death recorded pursuant to this chapter is subject to all statutory requirements for recorded documents.
• § 2110 — Unless otherwise provided in the instrument or in this division, a guardian or conservator is not personally liable on an instrument, including but not limited to a note, mortgage, deed of trust, or o
• § 21101 — Unless the provision or context otherwise requires, this part applies to a will, trust, deed, and any other instrument.
• § 21102 — (a) The intention of the transferor as expressed in the instrument controls the legal effect of the dispositions made in the instrument.
• § 21103 — The meaning and legal effect of a disposition in an instrument is determined by the local law of a particular state selected by the transferor in the instrument unless the application of that law is c
• § 21104 — As used in this part, “at-death transfer” means a transfer that is revocable during the lifetime of the transferor, but does not include a joint tenancy or joint account with right of survivorship.
• § 21105 — Except as otherwise provided in Sections 641 and 642, a will passes all property the testator owns at death, including property acquired after execution of the will.
• § 21107 — If an instrument directs the conversion of real property into money at the transferor’s death, the real property and its proceeds shall be deemed personal property from the time of the transferor’s de
• § 21108 — The law of this state does not include (a) the common law rule of worthier title that a transferor cannot devise an interest to his or her own heirs or (b) a presumption or rule of interpretation that
• § 21109 — (a) A transferee who fails to survive the transferor of an at-death transfer or until any future time required by the instrument does not take under the instrument.
• § 2111 — (a) As used in this section, “transaction” means any of the following: (1) A conveyance or lease of real property of the guardianship or conservatorship estate.
• § 2111.5 — (a) Except as provided in subdivision (b), every court official or employee who has duties or responsibilities related to the appointment of a guardian or conservator, or the processing of any documen
• § 21110 — (a) Subject to subdivision (b), if a transferee is dead when the instrument is executed, or fails or is treated as failing to survive the transferor or until a future time required by the instrument,
• § 21111 — (a) Except as provided in subdivision (b) and subject to Section 21110, if a transfer fails for any reason, the property is transferred as follows: (1) If the transferring instrument provides for an a
• § 21112 — A condition in a transfer of a present or future interest that refers to a person’s death “with” or “without” issue, or to a person’s “having” or “leaving” issue or no issue, or a condition based on w
• § 21114 — (a) If a statute or an instrument provides for transfer of a present or future interest to, or creates a present or future interest in, a designated person’s “heirs,” “heirs at law,” “next of kin,” “r
• § 21115 — (a) Except as provided in subdivision (b), halfbloods, adopted persons, persons born out of wedlock, stepchildren, foster children, and the issue of these persons when appropriate to the class, are in
• § 21117 — At-death transfers are classified as follows: (a) A specific gift is a transfer of specifically identifiable property.
• § 21118 — (a) If an instrument authorizes a fiduciary to satisfy a pecuniary gift wholly or partly by distribution of property other than money, property selected for that purpose shall be valued at its fair ma
• § 2112 — (a) (1) In addition to other remedies available under statutory or common law, if the court finds that a conservator who is a professional fiduciary licensed by the Professional Fiduciaries Bureau has
• § 21120 — The words of an instrument are to receive an interpretation that will give every expression some effect, rather than one that will render any of the expressions inoperative.
• § 21121 — All parts of an instrument are to be construed in relation to each other and so as, if possible, to form a consistent whole.
• § 21122 — The words of an instrument are to be given their ordinary and grammatical meaning unless the intention to use them in another sense is clear and their intended meaning can be ascertained.
• § 2113 — A conservator shall accommodate the desires of the conservatee, except to the extent that doing so would violate the conservator’s fiduciary duties to the conservatee or impose an unreasonable expense
• § 21131 — A specific gift passes the property transferred subject to any mortgage, deed of trust, or other lien existing at the date of death, without right of exoneration, regardless of a general directive to
• § 21132 — (a) If a transferor executes an instrument that makes an at-death transfer of securities and the transferor then owned securities that meet the description in the instrument, the transfer includes add
• § 21133 — A recipient of an at-death transfer of a specific gift has a right to the property specifically given, to the extent the property is owned by the transferor at the time the gift takes effect in posses
• § 21134 — (a) Except as otherwise provided in this section, if, after the execution of the instrument of gift, specifically given property is sold, or encumbered by a deed of trust, mortgage, or other instrumen
• § 21135 — (a) Property given by a transferor during his or her lifetime to a person is treated as a satisfaction of an at-death transfer to that person in whole or in part only if one of the following condition
• § 21139 — The rules stated in Sections 21133 to 21135, inclusive, are not exhaustive, and nothing in those sections is intended to increase the incidence of ademption under the law of this state.
• § 21140 — This part applies to all instruments, regardless of when they were executed.
• § 212 — A document establishing the fact of the death of a person recorded pursuant to this chapter is prima facie evidence of the death insofar as the document identifies real property located in the county,
• § 21200 — This chapter shall be known and may be cited as the Uniform Statutory Rule Against Perpetuities.
• § 21201 — This chapter supersedes the common law rule against perpetuities.
• § 21202 — (a) Except as provided in subdivision (b), this part applies to nonvested property interests and unexercised powers of appointment regardless of whether they were created before, on, or after January
• § 21205 — A nonvested property interest is invalid unless one of the following conditions is satisfied: (a) When the interest is created, it is certain to vest or terminate no later than 21 years after the deat
• § 21206 — A general power of appointment not presently exercisable because of a condition precedent is invalid unless one of the following conditions is satisfied: (a) When the power is created, the condition p
• § 21207 — A nongeneral power of appointment or a general testamentary power of appointment is invalid unless one of the following conditions is satisfied: (a) When the power is created, it is certain to be irre
• § 21208 — In determining whether a nonvested property interest or a power of appointment is valid under this article, the possibility that a child will be born to an individual after the individual’s death is d
• § 21209 — (a) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (1) seeks to disallow the vesting or termination of any interest or trust b
• § 21210 — Except as provided in Sections 21211 and 21212, the time of creation of a nonvested property interest or a power of appointment is determined by other applicable statutes or, if none, under general pr
• § 21211 — For purposes of this chapter: (a) If there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (1) a nonvested property interest
• § 21212 — For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created
• § 21220 — On petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 90 years allowed