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CALIFORNIA CIVIL CODE
CHAPTER 2.1
CALIFORNIA STATUTORY WILLS
|56. Definitions and rules of construction
|56.1 Who may execute
|56.2 Method of execution
|56.3 Types of statutory wills; Contents
|56.4 Effect of selection of more than one, or no property
disposition clause
|56.5 Titles of property disposition clauses to be disregarded
|56.6 Revocation; Amendment; Deletions; Additions
|56.7 Form; Statutory will
|56.8 Form; Statutory Will With Trust
|56.9 Text of clause disposing of personal and household items
|56.10 Text of residuary clauses in Statutory Will
|56.11 Text of residuary clauses in Statutory Will With Trust
|56.12 Mandatory clauses
|56.13 Additional mandatory clauses in Statutory Will With Trust
|56.14 Limitations on contents o statutory will
| 56. Definitions and rules of construction. For purposes of this
chapter, the following definitions and rules of construction shall
apply unless, in a particular case,the context clearly requires
otherwise:
(a)"Testator" means any person choosing to adopt a California
statutory will.
(b)"Spouse" means the testator's husband or wife at the time the
testator signs a California statutory will.
(c)"Executor" means both the person so designated in a California
statutory will and any other person acting at any time as the ex-
ecutor or administrator under a California statutory will.
(d)"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.
(e)"Descendants" means children, grand children, and their lineal
descendants of all degrees.
(f) A class designation of "descendants" or "children" includes
(1)persons legally adopted into the class during minority and
(2) persons naturally born into the class (in or out of wedlock).
The reference to "descendants" in the plural includes a single
descendant where the context so requires.
(g) Masculine pronouns include the feminine, and plural and
singular words include each other, where appropriate.
(h) If a California statutory will states that a person shall
perform an act, the person is required to perform that act. If
a California statutory will states that a person may do an act,
the person's decision to do or not to do the act shall be made
in the exercise of the person's fiduciary powers.
-1-
FREEWILL BY C2
(i) Whenever a distribution under a California statutory will
is to be made to a person's descendants, the property is to be
divided into as many equal shares as there are then living
descendants of the nearest degree of living descendants and
deceased descendants of that same degree who leave descendants
then living; and each living descendant of the nearest degree
shall receive one share and the share of each deceased descendant
of that same degree shall be divided among his or her descendants
in the same manner.
(j)"Person" includes individuals and institutions.
|56.1. Who may execute. Any person of sound mind and over the age
of 18 may execute a California statutory will under the pro-
visions of this chapter.
|56.2. Method of execution. The only method of executing a Cal-
ifornia statutory will is for the following to occur:
(a) The testator shall do the following;
(1) Complete the appropriate blanks.
(2) Sign the will.
(b) The witnesses shall do the following;
(1) Observe the testator's signing.
(2) Sign their names in the presence of the testator.
The execution of the attestation clause provided in the Calif-
ornia statutory will by two or more witnesses shall satisfy Sec-
tion 329.
|56.3. Types of statutory wills; Contents. There are two Califor-
nia statutory wills: a California statutory will and a Califor-
nia statutory will with trust. Each will includes:(1) The contents
of the appropriate California Statutory Will Form, including the
notices that are set forth in Sections 56.7 and 56.8, and (2)
by reference, the full texts of each of the following:
(a) The definitions and rules of construction set forth in
Section 56.
(b) The clause set forth in Section 56.9.
(c) The property disposition clause adopted by the testator.
(d) The mandatory clauses set forth in Sections 56.12 and,
if applicable, 56.13.
|56.4. Effect of selection of more than one, or no property dis-
position clause. If more than one property disposition clause ap-
pearing in paragraph 2.3 of a California Statutory Will Form is
selected, or if none is selected, the property of a testator who
signs a California statutory will shall be distributed to the
testator's heirs as if the testator did not make a will.
|56.5. Titles of property disposition clauses to be disregarded.
Only the texts of the property disposition clauses and the man-
datory clauses shall be considered in determining their meaning.
Their titles shall be disregarded.
56.6. Revocation; Amendment; Deletions; Additions. (a) A Califor-
nia statutory will may be revoked and may be amended by codicil
in the same manner as other wills.(b) Any additions to or delet-
ions from the California statutory will on the face of the Calif-
ornia Statutory Will Form, other than in accordance with the in-
structions, shall be disregarded.
2
FREEWILL BY C2
|56.7. Form; Statutory Will. The following is the California Sta-
tutory Will Form:
CALIFORNIA STATUTORY WILL
NOTICE TO THE PERSON WHO SIGNS THIS WILL:
1. IT MAY BE IN YOUR BEST INTEREST TO CONSULT WITH A CALIFORNIA
LAWYER BECAUSE THIS STATUTORY WILL HAS SERIOUS LEGAL EFFECTS ON
YOUR FAMILY AND PROPERTY.
2. THIS WILL DOES NOT DISPOSE OF PROPERTY WHICH PASSES ON YOUR
DEATH TO ANY PERSON BY OPERATION OF LAW OR BY ANY CONTRACT. FOR
EXAMPLE, THE WILL DOES NOT DISPOSE OF JOINT TENANCY ASSETS OR YOUR
SPOUSE'S SHARE OF COMMUNITY PROPERTY, AND IT WILL NOT NORMALLY
APPLY TO PROCEEDS OF LIFE INSURANCE ON YOUR LIFE OR YOUR RETIRE-
MENT PLAN BENEFITS.
3. THIS WILL IS NOT DESIGNED TO REDUCE DEATH TAXES OR ANY OTHER
TAXES. YOU SHOULD DISCUSS THE TAX RESULTS OF YOUR DECISIONS WITH
A COMPETENT TAX ADVISOR.
4. YOU CANNOT CHANGE,DELETE,OR ADD WORDS TO THE FACE OF THIS CAL-
IFORNIA STATUTORY WILL. YOU MAY REVOKE THIS CALIFORNIA STATUTORY
WILL AND YOU MAY AMEND IT BY CODICIL.
5. IF THERE IS ANYTHING IN THIS WILL THAT YOU DO NOT UNDERSTAND,
YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.
6. THE FULL TEXT OF THIS CALIFORNIA STATUTORY WILL, THE DEFINI-
TIONS AND RULES OF CONSTRUCTION, THE PROPERTY DISPOSITION CLAUSES,
AND THE MANDATORY CLAUSES FOLLOW THE END OF THIS WILL AND ARE CON-
TAINED IN THE PROBATE CODE OF CALIFORNIA.
7. THE WITNESSES TO THIS WILL SHOULD NOT BE PEOPLE WHO MAY RECEIVE
PROPERTY UNDER THIS WILL. YOU SHOULD CAREFULLY READ AND FOLLOW THE
WITNESSING PROCEDURE DESCRIBED AT THE END OF THIS WILL. ALL OF THE
WITNESSES MUST WATCH YOU SIGN THIS WILL.
8. YOU SHOULD KEEP THIS WILL IN YOUR SAFE-DEPOSIT BOX OR OTHER
SAFE PLACE.
9. THIS WILL TREATS MOST ADOPTED CHILDREN AS IF THEY ARE NATURAL
CHILDREN.
10. IF YOU MARRY OR DIVORCE AFTER YOU SIGN THIS WILL, YOU SHOULD
MAKE AND SIGN A NEW WILL.
11. IF YOU HAVE CHILDREN UNDER 21 YEARS OF AGE, YOU MAY WISH TO
USE THE CALIFORNIA STATUTORY WILL WITH TRUST OR ANOTHER TYPE OF
WILL.
[A PRINTED FORM FOR A CALIFORNIA STATUTORY WILL
SHALL SET FORTH THE ABOVE NOTICE IN 10-POINT
BOLD FACE TYPE]
3
FREEWILL BY C2
CALIFORNIA STATUTORY WILL OF
__________________________________________________________________
(Insert your name)
ARTICLE 1
Declaration
This is my will and I revoke any prior wills and codicils.
ARTICLE 2
Disposition of My Property
2.1 PERSONAL AND HOUSEHOLD ITEMS. I give all my furniture, fur-
nishings, household items, personal automobiles and personal items
to my spouse, if living; otherwise they shall be divided equally
among my children who survive me.
2.2 CASH GIFT TO A PERSON OR CHARITY.I make the following cash
gift to the person or charity in the amount stated in words and
figures in the box which I have completed and signed. If I fail
to sign in the box, no gift is made. If the person mentioned does
not survive me, or the charity designated does not accept the
gift, then no gift is made. No death tax shall be paid from this
gift.
___________________________________________________________
| | |
| FULL NAME OF PERSON OR | AMOUNT OF GIFT $_______ |
| CHARITY TO RECEIVE CASH | |
| GIFT(Name only one.Please) | AMOUNT WRITTEN OUT: |
| print.) | |
| _________________________ | ___________________Dollars |
| | |
| | _________________________ |
| | Signature of Testator |
|_____________________________|_____________________________|
2.3 ALL OTHER ASSETS (MY "RESIDUARY ESTATE"). I adopt only one
Property Disposition Clause in this paragraph 2.3 by writing my
signature in the box next to the title of the Property Disposition
Clause I wish to adopt. I sign in only one box. I write the words
"not used" in the remaining boxes. If I sign more than one box or
if I fail to sign in any box, the property will go under Property
Disposition Clause (c) and I realize that means the property will
be distributed as if I did not make a will.
4
FREEWILL BY C2
PROPERTY DISPOSITION CLAUSES (Select one.)
____________________
(a) TO MY SPOUSE IF LIVING; IF NOT | |
LIVING,THEN TO MY CHILDREN AND | |
THE DESCENDANTS OF ANY DECEAS- | |
ED CHILD. |____________________|
_____________________
(b) TO MY CHILDREN AND THE DE- | |
SCENDANTS OF ANY DECEASED | |
CHILD. I LEAVE NOTHING TO MY | |
SPOUSE, IF LIVING. |_____________________|
_____________________
| |
| |
(c) TO BE DISTRIBUTED AS IF I | |
DID NOT HAVE A WILL. |_____________________|
ARTICLE 3
Nominations of Executors and Guardian
3.1 EXECUTOR (Name at least one.)
I nominate the person or institution named in the first box of this
paragraph 3.1 to serve as executor of this will. If that person or
institution does not serve, then I nominate the others to serve in
the order I list them in the other boxes.
_______________________
| |
| |
| |
FIRST EXECUTOR . |_______________________|
_______________________
| |
| |
| |
SECOND EXECUTOR. |_______________________|
5
FREEWILL BY C2
_______________________
| |
| |
| |
THIRD EXECUTOR. |_______________________|
3.2 GUARDIAN (If you have a child under 18 years of age,you should
name at least one guardian of the child's person and at least one
guardian of the child's property. The guardian of the child's per-
son and the guardian of the child's property may, but need not, be
the same. An individual can serve as guardian of either the person
or the property or as guardian of both. An institution can serve
only as guardian of the property.)
If a guardian is needed for any child of mine, then I nominate
the individual named in the first box of this paragraph 3.2 to
serve as guardian of the person of that child, and I nominate
the individual or institution named in the second box of this
paragraph 3.2 to serve as guardian of the property of that child.
If that person or institution does not serve, then the others
shall serve in the order I list them in the other boxes.
________________________
| |
| |
| |
FIRST GUARDIAN OF THE PERSON. |________________________|
________________________
| |
| |
| |
FIRST GUARDIAN OF THE PROPERTY. |________________________|
________________________
| |
| |
| |
SECOND GUARDIAN OF THE PERSON. |________________________|
________________________
| |
| |
| |
SECOND GUARDIAN OF THE PROPERTY. |________________________|
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FREEWILL BY C2
________________________
| |
| |
| |
THIRD GUARDIAN OF THE PERSON. |________________________|
________________________
| |
| |
| |
THIRD GUARDIAN OF THE PROPERTY. |________________________|
3.3 BOND
My signature in this box means that a bond is not required for
any individual executor or guardian named in this will. If I do
not sign in this box, then a bond is required for each of those
persons as set forth in the Probate Code.
_______________________
| |
| |
| |
|_______________________|
I sign my name to this California Statutory Will on _____________
Date
at______________________,_______________________.
City State
_________________________________
Signature of Testator
7
FREEWILL BY C2
STATEMENT OF WITNESS
(You must use two adult witnesses and three would be preferable.)
Each of us declares under penalty of perjury under the laws of
California that the testator signed this California statutory
will in our presence, all of us being present at the same time,
and we now, at the testator's request, in the testator's presence,
and in the presence of each other, sign below as witnesses declar-
ing that the testator appears to be of sound mind and under no
duress, fraud, or undue influence.
Signature_____________________Residence Address___________________
Print Name
Here______________________________ _________________________
Signature____________________Residence Address____________________
Print Name
Here_____________________________ _________________________
Signature____________________Residence Address____________________
Print Name
Here____________________________ _________________________
8
FREEWILL BY C2
|56.8. Form; Statutory Will With Trust. The following is the Cal-
ifornia Statutory Will With Trust Form:
CALIFORNIA STATUTORY WILL WITH TRUST
NOTICE TO THE PERSON WHO SIGNS THIS WILL:
1. THIS FORM CREATES A TRUST FOR YOUR DESCENDANTS.IF YOU DO NOT
WANT TO CREATE A TRUST, DO NOT USE THIS FORM.
2. IT MAY BE IN YOUR BEST INTEREST TO CONSULT WITH A CALIFORNIA
LAWYER BECAUSE THIS STATUTORY WILL HAS SERIOUS LEGAL EFFECTS ON
YOUR FAMILY AND PROPERTY.
3. THIS WILL DOES NOT DISPOSE OF PROPERTY WHICH PASSES ON YOUR
DEATH TO ANY PERSON BY OPERATION OF LAW OR BY ANY CONTRACT. FOR
EXAMPLE, THE WILL DOES NOT DISPOSE OF JOINT TENANCY ASSETS OR YOUR
SPOUSE'S SHARE OF COMMUNITY PROPERTY, AND IT WILL NOT NORMALLY
APPLY TO PROCEEDS OF LIFE INSURANCE ON YOUR LIFE OR YOUR RETIRE-
MENT PLAN BENEFITS.
4. THIS WILL IS NOT DESIGNED TO REDUCE DEATH TAXES OR ANY OTHER
TAXES. YOU SHOULD DISCUSS THE TAX RESULTS OF YOUR DECISIONS WITH
A COMPETENT TAX ADVISOR.
5. YOU CANNOT CHANGE,DELETE,OR ADD WORDS TO THE FACE OF THIS CAL-
IFORNIA STATUTORY WILL. YOU MAY REVOKE THIS CALIFORNIA STATUTORY
WILL AND YOU MAY AMEND IT BY CODICIL.
6. IF THERE IS ANYTHING IN THIS WILL THAT YOU DO NOT UNDERSTAND,
YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.
7. THE FULL TEXT OF THIS CALIFORNIA STATUTORY WILL, THE DEFINI-
TIONS AND RULES OF CONSTRUCTION, THE PROPERTY DISPOSITION CLAUSES,
AND THE MANDATORY CLAUSES FOLLOW THE END OF THIS WILL AND ARE CON-
TAINED IN THE PROBATE CODE OF CALIFORNIA.
8. THE WITNESSES TO THIS WILL SHOULD NOT BE PEOPLE WHO MAY RECEIVE
PROPERTY UNDER THIS WILL. YOU SHOULD CAREFULLY READ AND FOLLOW THE
WITNESSING PROCEDURE DESCRIBED AT THE END OF THIS WILL. ALL OF THE
WITNESSES MUST WATCH YOU SIGN THIS WILL.
9. YOU SHOULD KEEP THIS WILL IN YOUR SAFE-DEPOSIT BOX OR OTHER SAFE
PLACE.
10. THIS WILL TREATS MOST ADOPTED CHILDREN AS IF THEY ARE NATURAL
CHILDREN.
11. IF YOU MARRY OR DIVORCE AFTER YOU SIGN THIS WILL, YOU SHOULD
MAKE AND SIGN A NEW WILL.
l
[A PRINTED FORM FOR A CALIFORNIA STATUTORY
WILL WITH TRUST SHALL SET FORTH THE ABOVE
NOTICE IN 10-POINT BOLD FACE TYPE]
9
FREEWILL BY C2
CALIFORNIA STATUTORY WILL
WITH TRUST OF
__________________________________________________________________
(Insert your name)
ARTICLE 1
Declaration
This is my will and I revoke any prior wills and codicils.
ARTICLE 2
Disposition of My Property
2.1. PERSONAL AND HOUSEHOLD ITEMS. I give all my furniture, fur-
nishings, household items, personal automobiles and personal items
to my spouse, if living; otherwise they shall be divided equally
among my children who survive me.
2.2. CASH GIFT TO A PERSON OR CHARITY.I make the following cash
gift to the person or charity and in the amount stated in words and
figures in the box which I have completed and signed. If I fail
to sign in the box, no gift is made. If the person mentioned does
not survive me, or the charity designated does not accept the
gift, then no gift is made. No death tax shall be paid from this
gift.
___________________________________________________________
| | |
| FULL NAME OF PERSON OR | AMOUNT OF GIFT $_______ |
| CHARITY TO RECEIVE CASH | |
| GIFT(Name only one.Please) | AMOUNT WRITTEN OUT: |
| print.) | |
| _________________________ | ___________________Dollars |
| | |
| | _________________________ |
| | Signature of Testator |
|_____________________________|_____________________________|
2.3. ALL OTHER ASSETS (MY "RESIDUARY ESTATE"). I adopt only one
Property Disposition Clause in this paragraph 2.3 by writing my
signature in the box next to the title of the Property Disposition
Clause I wish to adopt. I sign in only one box. I write the words
"not used" in the remaining boxes. If I sign in more than one box
or if I fail to sign in any box, the property will be distributed
as if I did not make a will.
10
FREEWILL BY C2
PROPERTY DISPOSITION CLAUSES (Select one.)
(a) TO MY SPOUSE IF LIVING; IF NOT
LIVING,THEN IN ONE TRUST TO PRO- ____________________
VIDE FOR THE SUPPORT AND EDUCA- | |
TION OF MY CHILDREN AND THE DE- | |
SCENDANTS OF ANY DECEASED CHILD | |
UNTIL I HAVE NO LIVING CHILD UN- | |
DER 21 YEARS OF AGE. |____________________|
(b) TO MY CHILDREN AND THE DE-
SCENDANTS OF ANY DECEASED
CHILD IN ONE TRUST TO PROVIDE
FOR THEIR SUPPORT AND EDUCA- _____________________
TION UNTIL I HAVE NO LIVING | |
CHILD UNDER 21 YEARS OF AGE. | |
I LEAVE NOTHING TO MY SPOUSE, | |
IF LIVING. |_____________________|
ARTICLE 3
Nominations of Executor,Trustee and Guardian
3.1. EXECUTOR (Name at least one.)
I nominate the person or institution named in the first box of this
paragraph 3.1 to serve as executor of this will. If that person or
institution does not serve, then the others shall serve in
the order I list them in the other boxes.
_______________________
| |
| |
| |
FIRST EXECUTOR. |_______________________|
_______________________
| |
| |
| |
SECOND EXECUTOR. |_______________________|
_______________________
| |
| |
| |
THIRD EXECUTOR |_______________________|
11
FREEWILL BY C2
3.2. TRUSTEE (Name at least one.)
Because it is possible that after I die my property may be put
into a trust, I nominate the person or institution named in the first
box of this paragraph 3.2 to serve as trustee of that trust. If
that person or institution does not serve, then the others shall
serve in the order I list them in the other boxes.
______________________
| |
| |
| |
FIRST TRUSTEE. |______________________|
______________________
| |
| |
| |
SECOND TRUSTEE. |______________________|
______________________
| |
| |
| |
THIRD TRUSTEE. |______________________|
3.3. GUARDIAN (If you have a child under 18 years of age, you should
name at least one guardian of the child's person and at least one
guardian of the child's property. The guardian of the child's per-
son and the guardian of the child's property may, but need not, be
the same. An individual can serve as guardian of either the person
or the property, or as guardian of both. An institution can serve
only as guardian of the property.)
If a guardian is needed for any child of mine, then I nominate
the individual named in the first box of this paragraph 3.3 to
serve as guardian of the person of that child, and I nominate
the individual or institution named in the second box of this
paragraph 3.3 to serve as guardian of the property of that child.
If that person or institution does not serve, then the others
shall serve in the order I list them in the other boxes.
________________________
| |
| |
| |
FIRST GUARDIAN OF THE PERSON. |________________________|
________________________
| |
| |
| |
FIRST GUARDIAN OF THE PROPERTY. |________________________|
12
FREEWILL BY C2
________________________
| |
| |
| |
SECOND GUARDIAN OF THE PERSON. |________________________|
________________________
| |
| |
| |
SECOND GUARDIAN OF THE PROPERTY. |________________________|
________________________
| |
| |
| |
THIRD GUARDIAN OF THE PERSON. |________________________|
________________________
| |
| |
| |
THIRD GUARDIAN OF THE PROPERTY. |________________________|
3.3 BOND
My signature in this box means that a bond is not required for
any individual (a) executor, (b) trustee, or (c) guardian named in
this will. If I do not sign in this box, then a bond is required
for each of those persons as set forth in the Probate Code.
__________________________
| |
| |
| |
|__________________________|
I sign my name to this California Statutory Will With Trust
on___________________,at___________________,_________________.
(Date) (City) (State)
________________________________
Signature of Testator
13
FREEWILL BY C2
STATEMENT OF WITNESSES
(You must use two adult witnesses, and three witnesses would be
preferable.)
Each of us declares under penalty of perjury under the laws of
California that the testator signed this California statutory
will with trust in our presence, all of us being present at the
same time and we now, at the testator's request, in the testator's
presence, and in the presence of each other, sign below as witnesses,
declaring that the testator appears to be of sound mind and under
no duress, fraud, or undue influence.
Signature________________________Residence Address ___________
Print Name
Here_____________________________ ___________________________
Signature_________________________Residence Address:___________
Print Name
Here:____________________________ ___________________________
Signature_________________________Residence Address:___________
Print Name
Here:____________________________ __________________________
14
FREEWILL BY C2
|56.9. Text of clause disposing of personal and household items.
The following is the full text of paragraph 2.1 of both Califor-
nia Statutory Will Forms appearing in this chapter:
If my spouse survives me, I give my spouse all my books,jew-
elry, clothing, personal automobiles, household furnishings and
effects, and other tangible articles of a household or personal
use. If my spouse does not survive me, the executor shall dis-
tribute those items among my children who survive me, and shall
distribute those items in as nearly equal shares as feasible in
the executor's discretion. If none of my children survive me, the
items described in this paragraph shall become part of the re-
siduary estate.
56.10. Text of residuary clauses in Statutory Will. The following
are the full texts of the property disposition clauses referred
to in paragraph 2.3 of the California Statutory Will Form set
forth in Section 56.7:
(a) TO MY SPOUSE IF LIVING; IF NOT LIVING, THEN TO MY CHILDREN
AND THE DESCENDANTS OF ANY DECEASED CHILD.
If my spouse survives me, then I give all my residuary estate
to my spouse. If my spouse does not survive me, then I give all
my residuary estate to my descendants who survive me.
(b) TO MY CHILDREN AND THE DESCENDANTS OF ANY DECEASED CHILD.
I LEAVE NOTHING TO MY SPOUSE, IF LIVING.
I give all my residuary estate to my descendants who survive
me. I leave nothing to my spouse, even if my spouse survives me.
(c) TO BE DISTRIBUTED AS IF I DID NOT HAVE A WILL:
The executor shall distribute my residuary estate to my heirs
at law, their identities and respective shares to be determined
according to the laws of the State of California in effect on the
date of my death and relating to the succession of separate pro-
perty not acquired from a parent, grandparent, or predeceased
spouse.
|56.11. Text of residuary clauses in Statutory Will With Trust.
The following are the full texts of the property disposition
clauses referred to in paragraph 2.3 of the California Statutory
Will With Trust Form set forth in Section 56.8:
(a) TO MY SPOUSE IF LIVING; IF NOT LIVING, THEN IN ONE TRUST TO
PROVIDE FOR THE SUPPORT AND EDUCATION OF MY CHILDREN AND THE
DESCENDANTS OF ANY DECEASED CHILD UNTIL I HAVE NO LIVING CHILD
UNDER 21 YEARS OF AGE.
(1) If my spouse survives me, then I give all my residuary es-
tate to my spouse.
(2) If my spouse does not survive me and if any child of mine
under 21 years of age survives me, then I give all my residuary
estate to the trustee, in trust, on the following terms:
15
FREEWILL BY C2
(A) As long as any child of mine under 21 years of age is liv-
ing, the trustee shall distribute from time to time to or for
the benefit of any one or more of my children and the descendants
of any deceased child (the beneficiaries) of any age as much, or
all, of the (i) principal or (ii) net income of the trust, or
(iii) both, as the trustee deems necessary for their health, sup-
port, maintenance, and education of my descendants. Any undistri-
buted income shall be accumulated and added to the principal."Ed-
ucation" includes, but is not limited to, college, graduate,
postgraduate, and vocational studies, and reasonably related living
expenses. Consistent with the trustee's fiduciary duties, the
trustee may distribute trust income or principal in equal or un-
equal shares and to any one or more of the beneficiaries to the
exclusion of other beneficiaries. In deciding on distributions
the trustee may take into account, so far as known to the trustee,
the beneficiaries' other income, outside resources, or sources
of support, including the capacity for gainful employment of a
beneficiary who has completed his or her education.
(B) The trust shall terminate when there is no living child
of mine under 21 years of age. The trustee shall distribute any
remaining principal and accumulated net income of the trust to
my descendants who are then living.
(3) If my spouse does not survive me and if no child of mine
under 21 years of age survives me, then I give all my residuary
estate to my descendants who survive me.
(b) TO MY CHILDREN AND THE DESCENDANTS OF ANY DECEASED CHILD IN
ONE TRUST TO PROVIDE FOR THEIR SUPPORT AND EDUCATION UNTIL I HAVE
NO LIVING CHILD UNDER 21 YEARS OF AGE. I LEAVE NOTHING TO MY
SPOUSE, IF LIVING.
(1) I give all my residuary estate to the trustee, in trust, on
the following terms:
(A) As long as any child of mine under 21 years of age is liv-
ing, the trustee shall distribute from time to time to or for
the benefit of any one or more of my children and the descendants
of any deceased child (the beneficiaries) of any age as much, or
all, of the (i) principal, or (ii) net income of the trust, or
(iii) both, as the trustee deems necessary for their health,
support, maintenance, and education. Any undistributed income
shall be accumulated and added to the principal. "Education" in-
cludes, but is not limited to, college, graduate, postgraduate,
and vocational studies, and reasonably related living expenses.
Consistent with the trustee's fiduciary duties, the trustee may
distribute trust income or principal in equal or unequal shares and
to any one or more of the beneficiaries to the exclusion of other
beneficiaries. In deciding on distributions the trustee may take
into account, so far as known to the trustee, the beneficiaries'
other income, outside resources, or sources of support, including
the capacity for gainful employment of a beneficiary who has comp-
leted his or her education.
(B) The trust shall terminate when there is no living child
of mine under 21 years of age. The trustee shall distribute any
remaining principal and accumulated net income of the trust to
my descendants who are then living.
(2) If no child of mine under 21 years of age survives me, then
I give all my residuary estate to my descendants who survive me.
(3) I leave nothing to my spouse, even if my spouse survives
me.
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|56.12 Mandatory clauses. The mandatory clauses of all California
statutory wills are as follows:
(a) INTESTATE DISPOSITION. If the testator has not made an ef-
fective disposition of the residuary estate, the executor shall
distribute it to the testator's heirs at law, their identities
and respective shares to be determined according to the laws of
the State of California in effect on the date of the testator's
death and relating to the succession of separate property not ac-
quired from a parent, grandparent, or predeceased spouse.
(b) POWERS OF EXECUTOR.
(1) In addition to any powers now or hereafter conferred upon
executors by law, including all powers granted under the Inde-
pendent Administration of Estates Act, the executor shall have
the power to: (A) sell estate assets as public or private sale,
for cash or on credit terms, (B) lease estate assets without re-
striction as to duration, and (C) invest any surplus moneys of
the estate in real or personal property, as the executor deems
advisable.
(2) The executor may distribute estate assets otherwise dis-
tributable to a minor beneficiary to (A) the guardian of the mi-
nor's person or estate, (B) any adult person with whom the minor
resides and who has the care, custody or control of the minor, or
(C) a custodian, serving on behalf of the minor under the Uniform
Gifts to Minors Act of any state.
The executor is free of liability and is discharged from any
further accountability for distributing assets in compliance with
the provisions of this paragraph.
(3) On any distribution of assets from the estate, the executor
shall have the discretion to partition, allot, and distribute the
assets (1) in kind, including undivided interests in an asset or
in any part of it, or (2) partly in cash and partly in kind, or
(3) entirely in cash. If a distribution is being made to more
than one beneficiary, the executor shall have the discretion to
distribute assets among them on a pro rata or non-pro rata basis,
with the assets valued as of the date of distribution.
(c) POWERS OF GUARDIAN. A guardian of the person nominated in
the California statutory will shall have the same authority with
respect to the person of the ward as a parent having legal cus-
tody of a child would have. A guardian of the estate nominated
in a California statutory will shall have all of the powers con-
ferred by law. All powers granted to guardians in this paragraph
may be exercised without court authorization.
|56.13 Additional mandatory clauses in Statutory Will With Trust.
In addition to the mandatory clauses contained in Section 56.12,
the California Statutory Will With Trust Form shall also incor-
porate the following mandatory clauses:
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(a) INEFFECTIVE DISPOSITION. If, at the termination of any
trust created in the California statutory will with trust, there
is no effective disposition of the remaining trust assets, then
the trustee shall distribute those assets to the testator's then
living heirs at law, their identities and respective shares to be
determined as though the testator had died on the date of the
trust's termination and according to the laws of the State of
California then in effect and relating to the succession of sep-
arate property not acquired from a parent, grandparent, or pre-
deceased spouse.
(b) POWERS OF TRUSTEE. (1) In addition to any powers now or
hereafter conferred upon trustees by law, the trustee shall have
all the powers listed in Section 1120.2. The trustee may exer-
cise those powers without court authorization.
(2) In addition to the powers granted in the foregoing para-
graph, the trustee may:
(A) Hire and pay from the trust the fees of investment advi-
sors, accountants, tax advisors, agents, attorneys, and other as-
sistants for the administration of the trust and for the manage-
ment of any trust asset and for any litigation affecting the
trust.
(B) On any distribution of assets from the trust, the trustee
shall have the discretion to partition, allot, and distribute the
assets (i) in kind, including undivided interests in an asset or
in any part of it, or (ii) partly in cash and partly in kind, or
(iii) entirely in cash. If a distribution is being made to more
than one beneficiary, the trustee shall have the discretion to
distribute assets among them on a pro rata or non-pro rata basis,
with the assets valued as of the date of distribution.
(C) The trustee may, upon termination of the trust, distribute
assets to a custodian for a minor beneficiary under the Uniform
Gifts to Minors Act of any state.
The trustee is free of liability and is discharged from any
further accountability for distributing assets in compliance with
the provisions of this paragraph.
(c) TRUST ADMINISTRATIVE PROVISIONS. The following provisions
shall apply to any trust created by a California statutory will
with trust:
(1) The interests of trust beneficiaries shall not be transfer-
able by voluntary or involuntary assignment or by operation of
law and shall be free from the claims of creditors and from at-
tachment, execution, bankruptcy, or other legal process to the
fullest extent permissible by law.
(2) Any trustee serving hereunder shall be entitled to reason-
able compensation for ordinary and extraordinary services, and
for all services in connection with the complete or partial ter-
mination of any trust created by this will.
(3) All persons who have any interest in a trust under a Cali-
fornia statutory will with trust are bound by all discretionary
determinations the trustee makes in good faith under the author-
ity granted in the California statutory will with trust.
|56.14. Limitation on contents of statutory will. Except as
specifically provided in other parts of this chapter, a Califor-
nia statutory will shall include only the texts of the property
disposition clauses and the mandatory clauses as they exist on
the day the California statutory will is executed.
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DIVISION 2
Succession
Chapter
1. Community Property. |201-206.
2. Separate Property. |220-258.
|200. Definition. Succession is the acquisition of title to the
property of one who dies without disposing of it by will.
CHAPTER 1
Community Property
|201. Succession: Death of spouse: Ownership of survivor: Dis-
posal by will of decedent.
|201.5. "Quasi-community property": Succession.
|201.6. Election of surviving spouse where non-domiciliary decedent
spouse leaves will disposing of non-community real property
in state.
|201.7. Election of surviving spouse where will provides for spouse,
and spouse has right under |201.5 to take against the
will.
|201.8. Restoration to decedent's estate of property transferred
to another in which surviving spouse had expectancy.
|202. Spouse dying intestate; Spouse disposing of community by
will of community property or quasi-community property
to surviving spouse.
|203. Power of surviving spouse over community or quasi-community
reality: Notice of claim of interest.e
|204. Disposing by will of community or quasi-community proper-
ty to other than surviving spouse.
|205. Liability for debts existing at time of death.
|206. Revocable trust.
|201. Succession: Death of spouse: Ownership of survivor:
Disposal by will of decedent. Upon the death of either husband or
wife, one-half of the community property belongs to the surviv-
ing spouse; the other half is subject to the testamentary dis-
position of the decedent, and in the absence thereof goes to the
surviving spouse, subject to the provisions of sections 202 and
203 of this code.
|201.5. "Quasi-community property"; Succession. Upon the death of
any married person domiciled in this state, one-half of the fol-
lowing property in his or her estate shall belong to the surviv-
ing spouse and the other one-half of such property is subject to
the testamentary disposition of the decedent, and, in the absence
thereof, goes to the surviving spouse subject to the provisions
of Sections 202 and 203:
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(a) All personal property wherever situated, and all real prop-
erty situated in this state, heretofore or hereafter acquired by
the decedent while domiciled elsewhere which 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 prop-
erty situated in this state, heretofore or hereafter acquired in
exchange for real or personal property, wherever situated, which
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.
All such property is subject to the debts of the decedent as
provided by law.
As used in this section, personal property does not include and
real property does include, leasehold interests in real property.
For purposes of this chapter, and for purposes of Article 3
(commencing with Section 650) of Chapter 10 of Division 3, the
property defined in this section shall be known as "quasi-
community property."
|201.6. Election of surviving spouse where non-domiciliary deced-
ent spouse leaves will disposing of non-community real property in
state. Upon the death of any married person not domiciled in
this State who leaves a valid will disposing of real property in
this State which is not the community property of the decedent
and the surviving spouse, the surviving spouse has the same right
to elect to take a portion of or interest in such property
against the will of the decedent as though the property were sit-
uated in the decedent's domicile at death. As used in this sec-
tion real property includes leasehold interests in real property.
|201.7. Election of surviving spouse where will provides for
spouse, and spouse has right under |201.5 to take against will.
Whenever a decedent has made provision by a valid will for the
surviving spouse and the spouse also has a right under Section
201.5 of this code to take property of the decedent against the
will, the surviving spouse shall be required to elect whether to
take under the will or to take against the will unless it appears
by the will that the testator intended that the surviving spouse
might take both under the will and against it.
|201.8. Restoration to decedent's estate of property transferred
to another in which surviving spouse had expectancy. Whenever
any married person dies domiciled in this State who has made a
transfer to a person other than the surviving spouse, without
receiving in exchange a consideration of substantial value, of
property in which the surviving spouse had an expectancy under
Section 201.5 of this code at the time of such transfer, the sur-
viving spouse may require the transferee to restore to the dece-
dent's estate one-half of such property, its value, or its pro-
ceeds, if the decedent had a substantial quantum of ownership or
control of the property at death. If the decedent has provided
for the surviving spouse by will, however, the spouse cannot re-
quire such restoration unless the spouse has made an irrevocable
election to take against the will under Section 201.5 of this
code rather than to take under the will. All property restored
to the decedent's estate hereunder shall go to the surviving
spouse pursuant to Section 201.5 of this code as though such
transfer had not been made.
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|202. Spouse dying intestate; Spouse disposing of community by
will of community property or quasi-community property to survi-
ving spouse. (a) Except as provided in Section 204, when a hus-
band or wife dies intestate, or dies testate and by his or her
will bequeaths or devises all or a part of his or her interest
in the community property or quasi-community property to the sur-
viving spouse, it passes to the survivor subject to the provi-
sions of Sections 203 and 205, and no administration is necess-
ary.
(b) Notwithstanding subdivision (a), upon the election of the
surviving spouse or the personal representative, guardian of the
estate, or conservator of the property of the surviving spouse,
the interest of the deceased spouse in the community property or
quasi-community property, or both, the interest of the deceased
spouse and the surviving spouse in the community property or
quasi-community property, or both, may be administered under Div-
ision 3 (commencing with Section 300). The election must be made
within four months after the issuance of letters testamentary or
of administration, or within such further time as the court may
allow upon a showing of good cause, by a writing specifically
evidencing the election filed in the proceedings for the adminis-
tration of the estate of the deceased spouse and prior to the
entry of an order under Section 655.
(c) Notwithstanding subdivision (a) or (b), the surviving
spouse or the personal representative, guardian of the estate, or
conservator of the property of tr months after the issuance of letters testamentary or
of administration, or within such further time as the court may
allow upon a showing of good cause, by a writing specifically
evidencing the election filed in the proceedings for the adminis-
tration of the estate of the deceased spouse and prior to the
entry of an order under Section 655.
(c) Notwithstanding subdivision (a) or (b), the surviving
spouse or the personal representative, guardian of the estate, or
conservator of the property of tnd distributed by the trustee. The
election and agreement must be filed before the entry of the de-
cree of final distribution in the proceedings.
|203. Power of the surviving spouse over community or quasi-com-
munity realty; Notice of claim of interest. After 40 days from
the death of a spouse, the surviving spouse or the personal rep-
resentative, guardian of the estate, or conservator of the prop-
erty of the surviving spouse shall have full power to sell, lease,
mortgage or otherwise deal with and dispose of the community or
quasi-community real property, unless a notice is recorded in the
county in which the property is situated to the effect that an in-
terest in the property is claimed by another under the will of
the deceased spouse. The notice must also (1) describe the prop-
erty in which an interest is claimed, and (2) set forth the name
or names of the owner or owners of the record title to the prop-
erty. There shall be endorsed on the notice instructions that it
shall be indexed by the recorder in the name or names of the own-
er or owners of the record title to the property, as grantor or
grantors, and in the name of the person claiming an interest in
the property, as grantee. The right, title, and interest of any
grantee, purchaser, encumbrancer, or lessee shall be as free of
rights of devises or creditors of the deceased spouse to the
same extent as if the property had been owned as the separate
property of the surviving spouse.
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|204. Disposing by will of community or quasi-community property
to other than surviving spouse. When a deceased spouse disposes
by will of all or part of his or her interest in the community pro-
perty or quasi-community property to someone other than the surviving
spouse or when the will of a deceased spouse contains a trust or limits
the surviving spouse to a qualified ownership in the property, that
part of the interest of the deceased spouse in the community property
or quasi-community property disposed of to someone other than the
surviving spouse, disposed of in trust, or limiting the surviving
spouse to a qualified ownership in the property shall be subject
to administration under Division 3 (commencing with Section 300).
A will that provides for a devise or bequest of community prop-
erty or quasi-community property to the surviving spouse if such
spouse survives the deceased spouse by a specified period of time
shall not be considered to create such a qualified ownership as
to fall within the provision of this section, if the specified
period of time has expired.
|205. (Effective until July 1, 1983) Liability for debts existing
at time of death. (a) Except as provided by Section 951.1, upon
the death of a married person, the surviving spouse is personally
liable for the debts of the deceased spouse chargeable against
the community property and the debts of the deceased spouse
chargeable against the separate property of the deceased spouse
to the extent such separate property is characterized as quasi-com-
munity property under Section 201.5 by the provisions of Title 8
(commencing with Section 5100) of Part 5 of Division 4 of the Civil
Code, unless the interests of both spouses in the community prop-
erty or quasi-community property, or both, are administered under
Division 3 (commencing with Section 300). The personal liability
shall not exceed the value at the date of death, less the amount
of any liens and encumbrances, of the interest of the surviving
spouse (1) in the community property immediately prior to the
death and (2) in quasi-property arising by virtue of the death
which in not exempt from execution plus the interest of the de-
ceased spouse in such property passing to the surviving spouse
without administration.
(b) If proceeding are commenced in this state for the admin-
istration of the estate of the deceased spouse and the time for
filing or presenting claims has commenced, any action upon the
liability of the surviving spouse pursuant to subdivision (a)
shall be barred to the same extent as provided for under Arti-
cle 1 (commencing with Section 700) of Chapter 12 of Division
3 except as to the following:
(1) Creditors who had commenced judicial proceedings for the
enforcement of the debts and had served the surviving spouse
with process prior to the expiration of the time for filing or
presenting claims.
(2) Creditors who secure the acknowledgment in writing of the
liability of the surviving spouse for the debts.
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(3) Creditors who file a timely claim in the proceedings.
(c) Except as provided by subdivision (b), any debt described
in subdivision (a) may be enforced against the surviving spouse
in the same manner as it could have been enforced against the
deceased spouse if the deceased spouse had not died. In any ac-
tion based upon the debt, the surviving spouse may assert any de-
fenses, counterclaims, or setoffs which would have been available
to the deceased spouse if the deceased spouse had not died.
|205. (Operative July 1, 1983) Liability for debts existing at
time of death. (a) Except as provided by Section 951.1, upon the
death of a married person, the surviving spouse is personally
liable for the debts of the deceased spouse chargeable against
the community property and the debts of the deceased spouse
chargeable against the separate property of the deceased spouse
to the extent such separate property is characterized as quasi-
community property under Section 201.5 by the provisions of Title
8 (commencing with Section 5100) of Part 5 of Division 4 of the
Civil Code, unless the interests of both spouses in the community
property or quasi-community property, or both, are administered
under Division 3 (commencing with Section 300). The personal
liability shall not exceed the value at the date of death, less
the amount of any liens and encumbrances, of the interest of the
surviving spouse (1) in the community property immediately prior
to the death and (2) in quasi-community property arising by vir-
tue of the death which is not exempt from enforcement of a money
judgment plus the interest of the deceased spouse in such proper-
ty passing to the surviving spouse without administration.
(b) If proceedings are commenced in this state for the adminis-
tration of the estate of the deceased spouse and the time for
filing or presenting claims has commenced, any action upon the
liability of the surviving spouse pursuant to subdivision (a)
shall be barred to the same extent as provided for claims under
Article 1 (commencing with Section 700) of Chapter 12 of Division
3 except as to the following:
(1) Creditors who had commenced judicial proceedings for the
enforcement of the debts and had served the surviving spouse with
process prior to the expiration of the time for filing or presen-
ting claims.
(2) Creditors who secure the acknowledgment in writing of the
liability of the surviving spouse for the debts.
(3) Creditors who file a timely claim in the proceedings.
(c) Except as provided by subdivision (b), any debt described
in subdivision (a) may be enforced against the surviving spouse
in the same manner as it could have been enforced against the de-
ceased spouse if the deceased spouse had not died. In any action
based upon the debt, the surviving spouse may assert any defen-
ses, counterclaims, or setoffs which would have been available to
the deceased spouse if the deceased spouse had not died.
|206. Revocable trust. Notwithstanding the provisions of Sec-
tions 201,202,203,204 and 205, community property held in a revo-
cable trust described in Section 5113.5 of the Civil Code shall
be governed by the provisions, if any, in the trust for disposi-
tion in the event of death.
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CHAPTER 2
Separate Property
Article
1. Particular Provisions. ||220-230
2. Escheat of Decedents' Property. ||231-236
3. General Provisions. ||250-258
ARTICLE 1
Particular Provisions
|220. Succession: Subject to contract and code.
|221. Surviving spouse, issue.
|222. No surviving spouse but issue of decedent:Shares of takers.
|223. Surviving spouse but no issue :Parents and their issue.
|224. Surviving spouse, but neither issue nor immediate family.
|225. No surviving spouse nor issue: Parents: Brothers and sisters
or their descendants.
|226. No surviving spouse nor issue nor immediate family:Next of
kin.
|227. Minor unmarried decedent: Parent's other children and their
issue.
|228. Repealed.
|229. No spouse nor issue: property of predeceased spouse.
|230. When next of kin take there being no one to take under
sections 228,229.
|220. Succession: Subject to contract and code. The separate pro-
perty of a person who dies without disposing of it by will is
succeeded to and must be distributed as hereinafter provided,
subject to the limitation of any marriage or other contract, and
to the provisions of section 201.5 and Division III of this code.
|221. Surviving spouse, issue. If the decedent leaves a surviving
spouse, and only one child or the lawful of a deceased child, the
estate goes one-half to the surviving spouse and one-half to the
the child or issue. if the decedent leaves a surviving spouse, and
more than one child living or one child living and the lawful issue
of one or more deceased children, the estate goes one-third to the
surviving spouse and the remainder in equal shares to his child-
ren and to the lawful issue of any deceased child, by right of
representation; but if there is no child of decedent living at
his death, the remainder goes to all of his lineal descendants;
and if all of the descendants are in the same degree of kindred
to the decedent they share equally, otherwise they take by right
of representation.
|222. No surviving spouse but issue of decedent:Shares of Takers.
If the decedent leaves no surviving spouse, but leaves issue , the
whole estate goes to such issue; and if all of the descendants
are in the same degree of kindred to the decedent they share
equally, otherwise they take by right of representation.
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|223. Surviving spouse but no issue: Parents and their issue. If
the decedent leaves a surviving spouse and no issue, the estate
goes one-half to the surviving spouse and one-half to the dece-
dent's parents in equal shares, or if either is dead to the sur-
vivor, or if both are dead to their issue and the issue of either
of them, by right of representation.
|224. Surviving spouse but neither issue nor immediate family.
If the decedent leaves a surviving spouse and neither issue,
parent, brother, sister, nor descendant of a deceased brother,
or sister, the whole estate goes to the surviving spouse.
|225. No surviving spouse nor issue:Parents: Brothers and sisters
or their descendants. If the decedent leaves neither issue nor
spouse, the estate goes to his parents in equal shares, or if
either is dead to the survivor, or if both are dead in equal
shares to his brothers and sisters and to the descendants of
deceased brothers and sisters by right of representation.
|226. No surviving spouse nor issue nor immediate family: Next of
kin. If the decedent leaves neither issue, spouse, parent, bro-
ther, sister, nor descendant of a deceased brother or sister,
the estate goes to the next of kin in equal degree, excepting
that, when there are two or more collateral kindred in equal
degree, but claiming through different ancestors, those who
claim through the nearest ancestor must be preferred to those
claiming through an ancestor more remote.
|227. Minor unmarried descendant: Parent's other children and
their issue. If the decedent dies under age without having been
married, all the estate that came to the decedent by succession
from a parent goes in equal shares to the other children of the
same parent and to the issue of any other of such children who
are dead, by right of representation, or if all the children of
such parent are dead, and any of them has left issue, to such
issue; and if all the issue are in the same degree of kindred to
the decedent, they share equally, otherwise they take by right of
representation.
|228. Repealed.
|229. No spouse nor issue; Property of predeceased spouse. (a) If
the decedent leaves no living spouse or issue and there are issue
of the decedent's predeceased spouse, the portion of the dece-
dent's estate attributable to the decedent's predeceased spouse
shall go in equal shares to the children of the predeceased
spouse and to their descendents by right of representation, and
if none, then to the parents of the predeceased spouse, in equal
shares, or if either is dead to the survivor, or if both are
dead, in equal shares to the brothers and sisters of the prede-
ceased spouse and to their descendents by right of representation.
(b) For the purpose of this section, the "portion of the dece-
dent's estate attributable to the decedent's predeceased spouse"
shall mean:
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(1) One-half of the community property in existence at the time
of the death of the predeceased spouse.
(2) One-half of any community property, in existence at the time
of the death of the predeceased spouse, which was given to the de-
cedent by the predeceased spouse by way of gift, descent, devise,
or bequest.
(3) That portion of any community property in which the pre-
deceased spouse had any incident of ownership and which vested
in the decedent upon the death of the predeceased spouse by right
of survivorship.
(4) That portion of any property which, because of the death of
the predeceased spouse, became vested in the decedent and was set
aside as a probate homestead.
(5) Any separate property of the predeceased spouse which came
to the decedent by gift, descent, devise, or bequest of the pre-
deceased spouse or which vested in the decedent upon the death
of the predeceased spouse by right of survivorship.
(c) Notwithstanding subdivision (a), if the decedent leaves
neither issue nor spouse, that portion of the decedent's estate
created by gift, descent, devise, or bequest from the separate
property of a parent or grandparent shall go to the parent or
grandparent who made such gift, devise, or bequest or from whom
the property descended, or if such parent or grandparent is dead,
such property shall go in equal shares to the heirs of such de-
ceased parent or grandparent.
(d) That portion of decedent's estate not otherwise subject to
this section shall be distributed pursuant to the provisions of
this article, except that if a portion of the decedent's estate
would otherwise escheat to the state because there is no rela-
tive, including next of kin, such portion of the estate shall
be distributed as provided by subdivision (a) along with
any portion of the decedents estate attributable to the decedents
predeceased spouse.
(e) If any of the property subject to the provisions of this sec-
tion would otherwise escheat to this state because there is no
relative, including next of kin, of one of the spouses to succeed
to such portion of the estate, such property shall be distributed
in accordance with the provisions of Section 296.4.
|230. When next of kin take there being no one to take under sec-
tions 228,229. If there is no one to succeed to any portion of
the property in any of the contingencies provided for the last two
sections, according to the provisions of those sections, such
portion goes to the next of kin of the decedent in the manner
hereinabove provided for succession by next of kin.
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ARTICLE 2
Escheat of Decedents' Property
|231. Escheat to state: Exception of monies held by trust fund.
|232. Same: Real property
|233. Same: Tangible personal property.
|234. Same: Tangible personal property subject to control of
superior court for purposes of administration and dispo-
sition under Division 3: Escheat to another jurisdiction.
|235. Same: Intangible property.
|236. Same: Intangible property subject to control of the super-
ior court for purposes of administration and disposition
under Division 3: Exception.
|231. Escheat to state: Exception of monies held by trust fund.
(a)If a decedent , whether or not he was domiciled in this state,
leaves no one to take his estate or any portion thereof by test-
tate succession, and no one other than a government or governmental
subdivision or agency to take his estate or a portion thereof by
intestate succession, under the laws of this state or of any
other jurisdiction, the same escheats at the time of his death
in accordance with this article.
(b) Property passing to the state under this article, whether held
by the state or its officers, is subject to the same charges and
trusts to which it would have been subject if it had passed by
succession, and is also subject to the provisions of Title 10
(commencing with Section 1300) of Part 3 of the Code of Civil
Procedure relating to escheated estates.
(c) Notwithstanding any other provision of law, a benefit con-
sisting of monies or other property distributable from a trust
established under a plan providing health the state under this article, whether held
by the state or its officers, is subject to the same charges and
trusts to which it would have been subject if it had passed by
succession, and is also subject to the provisions of Title 10
(commencing with Section 1300) of Part 3 of the Code of Civil
Procedure relating to escheated estates.
(c) Notwithstanding any other provision of law, a benefit con-
sisting of monies or other property distributable from a trust
established under a plan providing healthfit shall pass to the
state and escheat to the state under this article.
|232. Same: Real Property. Real Property in this state escheats
to this state in accordance with Section 231.
|233. Same Tangible personal property. All tangible personal
property owned by the decedent, wherever located at the dece-
dent's death, that was customarily kept in this state prior to
his death, escheats to this state in accordance with Section 231.
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|234. Same: Tangible personal property subject to control of
superior court for purposes of administration and disposition
under Division 3: Escheat to another jurisdiction. (a) Subject
to subdivision (b), all tangible personal property owned by the
decedent that is subject to the control of superior court of this
state for purposes of administration and disposition under Divi-
sion 3 (commencing with Section 300) of this code escheats to
this state in accordance with Section 231.
(b) The property described in subdivision (a) does not escheat
to this state but goes to another jurisdiction if the other jur-
isdiction claims the property and establishes that:
(1) The other jurisdiction is entitled to the property under
its laws;
(2) The decedent customarily kept the property in that jur-
isdiction prior to his death;and
(3) This state has the right to escheat and take tangible
personal property being administered as part of the de-
cedent's estate in that jurisdiction if the decedent
customarily kept the property in this state prior to his death.
|235. Same: Intangible property. All intangible property owned
by the decedent escheats to this state in accordance with Sec-
tion 231 if the decedent was domiciled in this state at the time
of his death.
|236. Same: Intangible property subject to control of superior
court for purposes of administration and disposition under Div-
ision 3: Exception. (a) Subject to subdivision (b), all intang-
ible property owned by the decedent that is subject to the con-
trol of a superior court of this state for purposes of adminis-
tration and disposition under Division 3 (commencing with Sec-
tion 300) of this code escheats to this state in accordance with
Section 231 whether or not the decedent was domiciled in this
state at his death.
(b) The property described in subdivision (a) does not escheat
to this state but goes to another jurisdiction if the other jur-
isdiction claims the property and establishes that:
(1) The other jurisdiction is entitled to the property
under its laws;
(2) The decedent was domiciled in that jurisdiction at
his death; and
(3) This state has the right to escheat and take intangible
property being administered as part of the decedent's es-
tate in that jurisdiction if the decedent was domiciled in
this state at his death.
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ARTICLE 3
General Provisions
|250. "Right of representation": Status of posthumous child.
|251. Degree of kindred.
|252. Lineal consanguinity: Computation of degrees.
|253. Collateral consanguinity: Computation of degrees.
|254. Kindred of the half blood: Ancestral property.
|255. Necessity of existence of parent and child relationship.
|257. Adopted child: Inheritance rights: Succession to child's
estate.
|258. Right of person who causes decedent's death to succeed or
take under will.
|250. "Right of representation": Status of posthumous child.
Inheritance or succession "by right of representation" takes place
when the descendants of a deceased person take the same share or
right in the estate of another that such deceased person would
have taken as an heir if living. A posthumous child is considered
as living at the death of the parent.
|251. Degree of kindred. The degree of kindred is established by
the number of generations, and each generation is called a de-
gree.
|252. Lineal consanguinity: Computation of degrees. Lineal con-
sanguinity, or the direct line of consanguinity, is the relation-
ship between persons one of whom is a descendant of the other.
The direct line is divided into a direct line descending, which
connects a person with those who descend from him, and a direct
line ascending, which connects a person with those from whom he
descends. In the direct line there are as many degrees as there
are generations. Thus, the child is, with regard to the parent,
in the first degree; the grandchild, with regard to the grandpar-
ent, in the second; and vice versa as to the parent and grandpar-
ent with regard to their respective children and grandchildren.
|253. Collateral consanguinity: Computation of degrees. Collat-
eral consanguinity is the relationship between people who spring
from a common ancestor, but are not in a direct line. The degree
is established by counting the generation from one relative up to
the common ancestor and from the common ancestor to the other re-
lative. In such computation the first relative is excluded, the
other included, and the ancestor counted but once. Thus, bro-
thers are related in the second degree, uncle and nephew in the
third degree, cousins german in the fourth, and so on.
|254. Kindred of the half blood: Ancestral property. Kindred of
the half blood inherit equally with those of the whole blood in
the same degree, unless the inheritance came to the intestate by
descent, devise, or gift of some one of his ancestors, in which
case all those who are not of the blood of such ancestor must be
excluded from such inheritance in favor of those who are.
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|255. Necessity of existence of parent and child relationship.
(a) The rights of succession by a child, as set forth in this
division, are dependent upon the existence, prior to the death of
the decedent, of a parent and child relationship between such
child and the decedent.
(b) The right of succession by issue through a deceased child
of a decedent, as set forth in this division, are dependent upon
the existence, prior to the death of the deceased child, of a
parent and child relationship between such issue and a deceased
child and upon the existence prior to the death of the decedent
or the deceased child of a parent and child relationship between
such deceased child and the decedent.
(c) The rights of succession to a child's estate by a parent
and all persons who would take an intestate share of the dece-
dent's estate through such parent, as set forth in this division,
are dependent upon the existence, prior to the death of the dece-
dent, of a parent and child relationship between the parent and
the decedent child.
(d) For purposes of this division, a parent and child relation-
ship exists where such relationship is (1) presumed and not re-
butted pursuant to, or (2) established pursuant to, Part 7 (com-
mencing with Section 7000) of Division 4 of the Civil Code.
|256. [Repealed by Stats 1974 ch 1244.]
|257. Adopted child: Inheritance rights: Succession to child's
estate. An adopted child shall be deemed a descendent of one who
has adopted him, the same as a natural child, for all purposes of
succession by, from or through the adopting parent the same as a
natural parent. An adopted child does not succeed to the estate
of a natural parent when the relationship between them has been
severed by adoption, nor does such natural parent succeed to the
estate of such adopted child, nor does such adopted child succeed
to the estate of a relative of the natural parent, nor does any
relative of the natural parent succeed to the estate of an adopt-
ed child.
|258. Right of person who causes decedent's death to succeed or
take under will. No person who has unlawfully and intentionally
caused the death of a decedent, and no person who has caused the
death of a decedent in the perpetration or attempt to perpetrate
arson, rape, robbery, burglary, mayhem, or any act punishable un-
der Section 288, Penal Code, shall be entitled to succeed to any
portion of the estate or to take under any will of the decedent;
but the portion thereof to which he would otherwise be entitled
to succeed goes to the other persons entitled thereto under the
provisions of this chapter or under the will of the decedent. A
conviction or acquittal on a charge of murder or voluntary man-
slaughter shall be a conclusive determination of the unlawfulness
or lawfulness of a causing of death, for the purposes of this
section.
||259-259.2. [Repealed by Stats 1974 ch 425.]
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THE END
