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Part 2. Definitions of California Probate Code >> Division 1. >> Part 2.
Unless the provision or context otherwise requires, the
definitions in this part govern the construction of this code.
"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 capital certificate, and other like arrangements.
"Account in an insured credit union" means a share account in a
credit union, either federally chartered or state licensed, that is
insured under Title II of the Federal Credit Union Act (12 U.S.C.
Sec. 1781, et seq.).
(a) "Account in an insured savings and loan association" means
a savings account or mutual capital certificate of either of the
following:
(1) A federal association.
(2) A savings association doing business in this state which is an "insured institution" as defined in Title IV of the National Housing Act (12 U.S.C. Sec. 1724, et seq.).
(b) As used in this section:
(1) "Federal association" has the meaning given that term in subdivision (b) of Section 5102 of the Financial Code.
(2) "Mutual capital certificate" has the meaning given that term in Section 5111 of the Financial Code.
(3) "Savings account" has the meaning given that term in Section 5116 of the Financial Code.
(4) "Savings association" has the meaning given that term in subdivision (a) of Section 5102 of the Financial Code.
(1) A federal association.
(2) A savings association doing business in this state which is an "insured institution" as defined in Title IV of the National Housing Act (12 U.S.C. Sec. 1724, et seq.).
(b) As used in this section:
(1) "Federal association" has the meaning given that term in subdivision (b) of Section 5102 of the Financial Code.
(2) "Mutual capital certificate" has the meaning given that term in Section 5111 of the Financial Code.
(3) "Savings account" has the meaning given that term in Section 5116 of the Financial Code.
(4) "Savings association" has the meaning given that term in subdivision (a) of Section 5102 of the Financial Code.
"Beneficiary" means a person to whom a donative transfer of
property is made or that person's successor in interest, and:
(a) As it relates to the intestate estate of a decedent, means an heir.
(b) As it relates to the testate estate of a decedent, means a devisee.
(c) As it relates to a trust, means a person who has any present or future interest, vested or contingent.
(d) As it relates to a charitable trust, includes any person entitled to enforce the trust.
(a) As it relates to the intestate estate of a decedent, means an heir.
(b) As it relates to the testate estate of a decedent, means a devisee.
(c) As it relates to a trust, means a person who has any present or future interest, vested or contingent.
(d) As it relates to a charitable trust, includes any person entitled to enforce the trust.
"Child" means any individual entitled to take as a child under
this code by intestate succession from the parent whose relationship
is involved.
"Community property" means:
(a) Community property heretofore or hereafter acquired during marriage by a married person while domiciled in this state.
(b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person while domiciled elsewhere, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time of its acquisition.
(c) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person in exchange for real or personal property, wherever situated, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time the property so exchanged was acquired.
(a) Community property heretofore or hereafter acquired during marriage by a married person while domiciled in this state.
(b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person while domiciled elsewhere, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time of its acquisition.
(c) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person in exchange for real or personal property, wherever situated, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time the property so exchanged was acquired.
"Conservatee" includes a limited conservatee.
"Conservator" includes a limited conservator.
"Devise," when used as a noun, means a disposition of real or
personal property by will, and, when used as a verb, means to dispose
of real or personal property by will.
(a) "Devisee" means any person designated in a will to receive
a devise.
(b) In the case of a devise to an existing trust or trustee, or to a trustee on trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees.
(b) In the case of a devise to an existing trust or trustee, or to a trustee on trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees.
"Dissolution of marriage" includes divorce.
(a) "Domestic partner" means one of two persons who have filed
a Declaration of Domestic Partnership with the Secretary of State
pursuant to Division 2.5 (commencing with Section 297) of the Family
Code, provided that the domestic partnership has not been terminated
pursuant to Section 299 of the Family Code.
(b) Notwithstanding Section 299 of the Family Code, if a domestic partnership is terminated by the death of one of the parties and Notice of Termination was not filed by either party prior to the date of death of the decedent, the domestic partner who survives the deceased is a surviving domestic partner, and shall be entitled to the rights of a surviving domestic partner as provided in this code.
(b) Notwithstanding Section 299 of the Family Code, if a domestic partnership is terminated by the death of one of the parties and Notice of Termination was not filed by either party prior to the date of death of the decedent, the domestic partner who survives the deceased is a surviving domestic partner, and shall be entitled to the rights of a surviving domestic partner as provided in this code.
"Family allowance" means an allowance provided for in Chapter 4
(commencing with Section 6540) of Part 3 of Division 6.
"Fiduciary" means personal representative, trustee, guardian,
conservator, attorney-in-fact under a power of attorney, custodian
under the California Uniform Transfer To Minors Act (Part 9
(commencing with Section 3900) of Division 4), or other legal
representative subject to this code.
"Financial institution" means a state or national bank, state
or federal savings and loan association or credit union, or like
organization.
"General personal representative" is defined in subdivision (b)
of Section 58.
"Heir" means any person, including the surviving spouse, who is
entitled to take property of the decedent by intestate succession
under this code.
"Instrument" means a will, trust, deed, or other writing that
designates a beneficiary or makes a donative transfer of property.
"Insured account in a financial institution" means an account
in a bank, an account in an insured credit union, and an account in
an insured savings and loan association, to the extent that the
account is insured.
(a) Subject to subdivision (b), "interested person" includes
any of the following:
(1) An heir, devisee, child, spouse, creditor, beneficiary, and any other person having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding.
(2) Any person having priority for appointment as personal representative.
(3) A fiduciary representing an interested person.
(b) The meaning of "interested person" as it relates to particular persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, any proceeding.
(1) An heir, devisee, child, spouse, creditor, beneficiary, and any other person having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding.
(2) Any person having priority for appointment as personal representative.
(3) A fiduciary representing an interested person.
(b) The meaning of "interested person" as it relates to particular persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, any proceeding.
"Issue" of a person means all his or her lineal descendants of
all generations, with the relationship of parent and child at each
generation being determined by the definitions of child and parent.
"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.
(b) As it relates to a guardian or conservator, means letters of guardianship or conservatorship or temporary guardianship or conservatorship.
(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.
(b) As it relates to a guardian or conservator, means letters of guardianship or conservatorship or temporary guardianship or conservatorship.
"Parent" means any individual entitled to take as a parent
under this code by intestate succession from the child whose
relationship is involved.
"Pay-on-death account" or "P.O.D. account" is defined in
Section 5140.
"Person" means an individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership, limited liability company, association, or other entity.
(a) "Personal representative" means executor, administrator,
administrator with the will annexed, special administrator, successor
personal representative, public administrator acting pursuant to
Section 7660, or a person who performs substantially the same
function under the law of another jurisdiction governing the person's
status.
(b) "General personal representative" excludes a special administrator unless the special administrator has the powers, duties, and obligations of a general personal representative under Section 8545.
(b) "General personal representative" excludes a special administrator unless the special administrator has the powers, duties, and obligations of a general personal representative under Section 8545.
"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 final decree or judgment of dissolution of marriage from the decedent or a final decree or judgment of annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they (1) subsequently participate in a marriage ceremony purporting to marry each to the other or (2) subsequently live together as husband and wife.
(b) A person who, following a decree or judgment of dissolution or annulment of marriage obtained by the decedent, participates in a marriage ceremony to a third person.
(c) A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
(a) A person who obtains or consents to a final decree or judgment of dissolution of marriage from the decedent or a final decree or judgment of annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they (1) subsequently participate in a marriage ceremony purporting to marry each to the other or (2) subsequently live together as husband and wife.
(b) A person who, following a decree or judgment of dissolution or annulment of marriage obtained by the decedent, participates in a marriage ceremony to a third person.
(c) A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
"Probate homestead" means a homestead provided for in Chapter 3
(commencing with Section 6520) of Part 3 of Division 6.
(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.
(b) On and after January 1, 2009, no person shall act or hold himself or herself out to the public as a professional fiduciary unless he or she is licensed as a professional fiduciary under Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code.
(b) On and after January 1, 2009, no person shall act or hold himself or herself out to the public as a professional fiduciary unless he or she is licensed as a professional fiduciary under Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code.
"Property" means anything that may be the subject of ownership
and includes both real and personal property and any interest
therein.
"Quasi-community property" means the following property, other
than community property as defined in Section 28:
(a) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired by a decedent while domiciled elsewhere that would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time of its acquisition.
(b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired in exchange for real or personal property, wherever situated, that would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time the property so exchanged was acquired.
(a) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired by a decedent while domiciled elsewhere that would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time of its acquisition.
(b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired in exchange for real or personal property, wherever situated, that would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time the property so exchanged was acquired.
"Real property" includes a leasehold interest in real property.
"Revocable transfer on death deed" or "revocable TOD deed"
means a revocable transfer on death deed as described in Section
5614.
"Security" includes any note, stock, treasury stock, bond,
debenture, evidence of indebtedness, certificate of interest or
participation in an oil, gas, or mining title or lease or in payments
out of production under such a title or lease, collateral trust
certificate, transferable share, voting trust certificate or, in
general, any interest or instrument commonly known as a security, or
any certificate of interest or participation, any temporary or
interim certificate, receipt, or certificate of deposit for, or any
warrant or right to subscribe to or purchase, any of the foregoing.
"State" includes any state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and any territory or
possession subject to the legislative authority of the United States.
A "subscribing witness" to a will means a witness who signs the
will as provided in Section 6110.
"Surviving spouse" does not include any of the following:
(a) A person whose marriage to the decedent has been dissolved or annulled, unless, by virtue of a subsequent marriage, the person is married to the decedent at the time of death.
(b) A person who obtains or consents to a final decree or judgment of dissolution of marriage from the decedent or a final decree or judgment of annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they (1) subsequently participate in a marriage ceremony purporting to marry each to the other or (2) subsequently live together as husband and wife.
(c) A person who, following a decree or judgment of dissolution or annulment of marriage obtained by the decedent, participates in a marriage ceremony with a third person.
(d) A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
(a) A person whose marriage to the decedent has been dissolved or annulled, unless, by virtue of a subsequent marriage, the person is married to the decedent at the time of death.
(b) A person who obtains or consents to a final decree or judgment of dissolution of marriage from the decedent or a final decree or judgment of annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they (1) subsequently participate in a marriage ceremony purporting to marry each to the other or (2) subsequently live together as husband and wife.
(c) A person who, following a decree or judgment of dissolution or annulment of marriage obtained by the decedent, participates in a marriage ceremony with a third person.
(d) A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
"Totten trust account" means an account in the name of one or
more parties as trustee for one or more beneficiaries where the
relationship is established by the form of the account and the
deposit agreement with the financial institution and there is no
subject of the trust other than the sums on deposit in the account.
In a Totten trust account, it is not essential that payment to the
beneficiary be mentioned in the deposit agreement. A Totten trust
account does not include (1) a regular trust account under a
testamentary trust or a trust agreement which has significance apart
from the account or (2) a fiduciary account arising from a fiduciary
relation such as attorney-client.
"Transferor" means the testator, settlor, grantor, owner, or
other person who executes an instrument.
"Transferee" means the beneficiary, donee, or other recipient
of an interest transferred by an instrument.
(a) "Trust" includes the following:
(1) An express trust, private or charitable, with additions thereto, wherever and however created.
(2) A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust.
(b) "Trust" excludes the following:
(1) Constructive trusts, other than those described in paragraph (2) of subdivision (a), and resulting trusts.
(2) Guardianships and conservatorships.
(3) Personal representatives.
(4) Totten trust accounts.
(5) Custodial arrangements pursuant to the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of any state.
(6) Business trusts that are taxed as partnerships or corporations.
(7) Investment trusts subject to regulation under the laws of this state or any other jurisdiction.
(8) Common trust funds.
(9) Voting trusts.
(10) Security arrangements.
(11) Transfers in trust for purpose of suit or enforcement of a claim or right.
(12) Liquidation trusts.
(13) Trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind.
(14) Any arrangement under which a person is nominee or escrowee for another.
(1) An express trust, private or charitable, with additions thereto, wherever and however created.
(2) A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust.
(b) "Trust" excludes the following:
(1) Constructive trusts, other than those described in paragraph (2) of subdivision (a), and resulting trusts.
(2) Guardianships and conservatorships.
(3) Personal representatives.
(4) Totten trust accounts.
(5) Custodial arrangements pursuant to the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of any state.
(6) Business trusts that are taxed as partnerships or corporations.
(7) Investment trusts subject to regulation under the laws of this state or any other jurisdiction.
(8) Common trust funds.
(9) Voting trusts.
(10) Security arrangements.
(11) Transfers in trust for purpose of suit or enforcement of a claim or right.
(12) Liquidation trusts.
(13) Trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind.
(14) Any arrangement under which a person is nominee or escrowee for another.
"Trust company" means an entity that has qualified to engage in
and conduct a trust business in this state.
"Trustee" includes an original, additional, or successor
trustee, whether or not appointed or confirmed by a court.
"Undue influence" has the same meaning as defined in Section
15610.70 of the Welfare and Institutions Code. It is the intent of
the Legislature that this section supplement the common law meaning
of undue influence without superseding or interfering with the
operation of that law.
"Will" includes codicil and any testamentary instrument which
merely appoints an executor or revokes or revises another will.
