RELATED CODES, RULES AND REGS
...Probate Code
§3 Transition between old and new law
§24 "Beneficiary"
§40 Financial institution
§37 Rights of surviving domestic partner
§58 Personal representative and general personal representative defined
§69 Revocable transfer on death (TOD) deed
§78 Surviving spouse
§100 Disposition of community property at death
§101 Quasi-community property upon death
§102 Transfer of quasi community property in estate
§104 Community property; trust
§104.5 Transfer of property to revocable trust
§140 Contracts for wills: definition of waiver by surviving spouse
§141 Waiver by surviving spouse: rights waivable
§142 Waiver by surviving spouse: formalities required
§143 Waiver by surviving spouse: when not enforceable
§144 Waiver by surviving spouse: scope of court discretion to enforce
§145 Waiver by surviving spouse: effect of waiver of all rights or complete property settlement
§146 "Agreement" defined; alteration, amendment, or revocation of waiver
§147 Validity of waivers, agreements, or property settlements made before or after 12-31-84
§240 Division of property into equal shares
§249.5 Child conceived after death deemed born in decedent's lifetime; conditions
§249.6 Time limits for property distribution; notice
§249.7 Distribution where no timely notice
§250 Probate: killer of deceased: no inheritance rights
§251 Joint tenancy rights of survivorship; murder
§252 Named beneficiary of bond, life insurance, etc.
§254 Judgment of conviction conclusive
§259 Restrictions on receiving estate property and on service as fiduciary by person liable for abuse or neglect of elder or dependent adult decedent
§260 Construction of chapter
§262 Beneficiary
§263 Creator of the interest
§264 Disclaimant
§265 Disclaimer
§266 Employee benefit plan
§267 Interest
§601 Controlling law
§652 Appointment of whole or part of appointive property to one or more appointees
§810 Legislative findings, declarations regarding legal capacity
§811 Determination of unsound mind or incapacity
§812 Capacity to make decisions
§850 Petition for order; who may file
§856.5 No petition grant if court decides matter should be determined by civil action
§859 Remedies for wrongfully taking, concealing, or disposing of property belonging to specified persons
§1003.5 Public guardian as guardian ad litem
§1220 Persons given notice of hearing
§1300 When an appeal may be taken
§1301 Appealable orders: protective proceedings
§1301.5 Appeal
§1302 Appealable orders: power of attorney
§1302.5 Appealable orders: advance health care directive
§1303 Appealable orders: decedent's estate
§1304 Appealable orders: trust
§1310 Effect of appeal; appointment or exercise of powers of fiduciary or guardian
§1311 Reversal of fiduciary's appointment; effect
§1312 Appeal from order concerning inheritance tax
§1419.5 Custodial parent defined
§1449 Definitions re Indian, extended family member, parent
§1459 Legislative findings and declaration re Indian children
§1459.5 ICWA application
§1460 Hearing; notice
§1460.2 ICWA compliance where proposed ward may be Indian child
§1470 Appointment of private counsel; compensation and expenses
§1474 Appointment of counsel for Indian child
§1500 Nomination of guardian of minor child
§1500.1 Validity of consent to nomination of guardian by Indian child's parent
§1510 Minors: guardianship: petition
§1510.1 Appointment of guardian of the person
§1513 Proposed guardianship—investigation, report, recommendation
§1514 Appointment of guardian
§1514.5 Family court to provide information upon request to probate guardianship court
§1516.5 Proceeding to have child declared free from parental custody, brought in guardianship proceeding
§1601 Order terminating guardianship
§1602 Termination of guardianship; visitation; best interest of ward; procedure
§1610 Frivolous motions after establishment of guardianship
§1611 Frivolous petitions; determination of vexatious litigant
§1810 Nomination of conservator by proposed conservatee
§1811 Nomination by spouse, domestic partner or adult relative of proposed conservatee
§1812 Selection of conservator by court discretion; order of preference for appointment
§1813 Conditions for appointment of spouse as conservator; counsel to advise conservatee; disclosure of separation, divorce actions
§1813.1 Conditions for appointment of domestic partner as conservator; counsel to advise conservatee; disclosure of partnership termination actions
§1901 Estate; conservator
§2201 Venue
§2204 Venue; transfer
§2205 Exclusive jurisdiction
§2250 Petition for temporary guardian or conservator
§2351 Powers of conservator
§2353 Consenting to medical treatment of ward
§2580 Petition for court order to authorize proposed actions
§2950 Legislative intent regarding financial abuse of mentally impaired elder adults
§2951 Definitions governing construction of chapter
§2952 Conditions for issuance of elder declaration
§2953 Payment of public guardian's reasonable costs
§2954 Form of declaration
§2955 Other authorized proceeding by public guardian not restricted by section
§3002 Community property
§3057 Spouse; conservator
§3071 Transaction; consent
§3072 Transaction; conservator
§3073 Conservator; consent
§3088 Conservatee; maintenance
§3301 Repealed
§3302 Repealed
§3600 Applicability
§3900 Cited as
§3901 Definitions
§3902 Custodianships; residence change; personal jurisdiction
§3903 Custodian nomination; procedure; revocability
§3905 Irrevocable transfers to custodian
§4716 Domestic partner has same authority as spouse to make health care decision for incapacitated partner
§5000 Contracts for wills: enforceability of various instruments not meeting formalities of a will
§5002 C-P: Nonprobate transfers: Surviving spouse
§5003 C-P: Nonprobate transfers: Holder of property
§5010 C-P: Nonprobate transfers: Written consent
§5011 C-P: Nonprobate transfers: Rights subject to
§5012 C-P: Nonprobate transfers: Relevance
§5013 C-P: Nonprobate transfers: No limitation
§5014 C-P: Nonprobate transfers: Application
§5015 C-P: Nonprobate transfers: No limitation on invalidating causes
§5020 C-P: Nonprobate transfers: Execution without written consent
§5021 C-P: Nonprobate transfers: Proceeding to set aside
§5022 C-P: Nonprobate transfers: Consent not transmutation of interest
§5023 C-P: Nonprobate transfers: Modification
§5030 C-P: Nonprobate transfers: Revocation of consent
§5031 C-P: Nonprobate transfers: Revocation by writing
§5032 C-P: Nonprobate transfers: Revocation of consent: passage of property
§5040 Nonprobate transfer to former spouse; conditions for failure; exceptions
§5042 Joint tenancy with former spouse; severance; exceptions
§5044 Good faith purchaser, encumbrancer; reliance on sworn affidavit or declaration; contents
§5046 [Former §5603] Court's authority to order former spouse remain as beneficiary on nonprobate transfer or joint tenancy
§5048 Operative date and application
§5100 California Multiple-Party Accounts Law
§5122 Account: definition of
§5124 Agent: definition of
§5126 Beneficiary: definition of
§5128 Financial institution: definition of
§5130 Joint account: definition of
§5132 Multiple-party account: definition of
§5134 Net contribution: definition of
§5136 Party: definition of
§5138 Payment: definition of
§5139 P.O.D.: definition of
§5140 P.O.D. account: definition of
§5142 P.O.D. payee: definition of
§5144 Proof of death: definition of
§5146 Receipt by financial institution: definition of
§5148 Request: definition of
§5150 Sums on deposit: definition of
§5152 Withdrawal: definition of
§5201 Governing provisions
§5203 Multiple party accounts: wording needed to create
§5204 Multiple party accounts: special power of attorney relating to
§5205 Application
§5301 Multiple party accounts: proportional ownership prior to testator's death
§5302 Multiple party accounts: ownership after testator's death
§5303 Multiple party bank account; altering interests
§5304 Nontestamentary transfers
§5305 Community property: character of account owned by married couple presumed to be
§5306 Tenancy-in-common accounts: no right of survivorship
§5307 Community-property accounts: ownership governed by community property law
§5401 Multiple-party accounts
§5405 Payment as discharge from all claims
§6100 Who can make a will
§6100.5 Mental competence of person making will
§6101 Property disposed of by will
§6102 Class of persons who may receive property
§6103 Application of chapters
§6104 Effect of duress on execution or revocation
§6105 Conditional validity of will
§6110 Signing and witnessing will
§6111 Holographic wills
§6111.5 Extrinsic evidence admissible
§6112 Qualification of witnesses
§6113 Valid execution
§6120 Revocation: Acts constituting
§6121 Revocation: Duplicate wills
§6122 Effect of dissolution or annulment of marriage
§6122.1 Termination of domestic partnership revokes will provisions re domestic partner; effective date
§6123 Revocation by second will
§6124 Revocation by destruction of will
§6132 Will may refer to writing directing disposition of tangible personal property
§6147 Repealed
§6300 Devise by will to trust
§6400 Property subject to intestate succession
§6401 Intestate share of surviving spouse
§6402 Intestate estate not to surviving spouse
§6402.5 Predeceased spouse's interest in estate
§6403 Person who fails to survive decedent by 120 hours deemed predeceased
§6404 Escheat provisions apply
§6406 Inheritance by relatives of halfblood
§6407 Inheritance by unborn relatives
§6408 Repealed
§6409 Advance gifts to heirs
§6410 Debts to decedent
§6411 Aliens inheriting
§6412 Dower and curtesy not recognized
§6413 Multiple relationships entitled to single share
§6414 Application of part; January 1, 1985
§6450 Intestate succession; parent and child relationship
§6451 Severance of natural parent and child relationship; exceptions
§6452 Inheritance through parent and child relationship
§6453 Determining who is a natural parent
§6454 Intestate succession through foster parent
§6455 No limitation of equitable adoption
§6500 Possession of family dwelling on temporary basis
§6501 Petition for order for possession of family dwelling
§6520 Setting aside of probate homestead
§6522 Property out of which probate homestead selected
§6540 Family allowance entitlement
§6541 Family allowance: petition and notice
§6542 Family allowance: commencement date
§6543 Family allowance: termination and limits
§6544 Family allowance: Costs
§6545 Perfection of appeal; stay of proceedings
§6600 Decedent's estate
§6602 Petition to set aside small estate
§7660 Estates in control of public administrator; summary disposition
§8110 Manner and time for service; persons to be served
§8252 Trial; burdens of proof
§8460 Appointment of administrator if decedent dies intestate
§8461 Priority for appointment as administrator
§8462 Priority of relatives of decedent
§8463 Surviving spouse party to action
§8870 Citation to appear for interrogatories or to be examined concerning property
§8871 Interrogatories; penalty of perjury; filing
§8872 Examination of witnesses
§8873 Citation to appear and account under oath re decedent's property and person's actions
§9000 Claim defined
§9353 Bar of claims rejected in whole or in part; exceptions
§9391 Enforcement of lien
§9860 Repealed
§11420 Priority of debt payments
§11623 Authority under Independent Administration of Estates Act; preliminary distributions
§11700 Petition
§11701 Notice of hearing
§11702 Written statement of interest
§11703 Attorney General deemed to be a person entitled to distribution
§11704 Hearing
§11705 Court order
§13550 Personal liability of surviving spouse
§13551 Limitation on PC 13550 liability
§13552 Commencement of proceedings for administration of estate of deceased spouse; ac-tions on liability of surviving spouse
§15206 Statute of Frauds
§15301 Beneficiary's interest in principal; transfer; satisfaction of money judgment
§15304 Where settlor is beneficiary
§15305 Claims for child or spousal support from trust beneficiary
§15306.5 Creditors' rights; orders
§15307 Amounts in excess of education and support needs; application to satisfaction of money judgment
§15401 Trusts revocable by settlor; manner
§15402 Power to revoke trust instrument includes power to modify
§15407 Trust termination; powers of trustee
§15660.5 Public guardian as trustee
§15800 While trust revocable, person with power to revoke has rights of beneficiaries; duties of trustee
§16002 Trustee's duty to beneficiaries; trustee administering two trusts
§16003 Duty to deal impartially with multiple beneficiaries
§16004 Duty not to use trust property for own profit, or other purpose adverse to beneficiary
§16040 Standard of care in administering trust
§16041 Standard of care not affected by receipt of compensation
§16042 Public guardian's deposit or investment of trust property; terms and conditions
§16045 Uniform Prudent Investor Act
§16046 Duty of trustee to comply with rule; settlor's expansion or restriction of rule
§16047 Trustee: prudent investor standard re trust investments and management; evaluation
§16048 Trustee's duty to diversify investments of trust unless prudent not to
§16049 Review of assets, decisions re disposition, to comply with requirements of Act
§16050 Appropriate and reasonable costs
§16051 Determination of compliance with rule; timing
§16052 Delegation of investment and management functions
§16053 Terms authorizing investments permitted under Act
§16054 Application
§16061.7 Trustee's duty to serve notification of changes; contents; liability; waiver of notification void as against public policy
§16061.8 Time limits for contesting trust
§16064 Exceptions to duty to account to beneficiary
§16069 Exceptions to duty to account, provide trust terms or requested information to beneficiary
§17200 Petition to determine existence or internal affairs of trust
§18200 Revocable trusts; creditors' rights in settlor's lifetime
§19001 Settlor's property subject to claims of creditors; payment priority
§19400 Personal liability of trust beneficiary where no estate proceeding and creditors' notices not filed, published
§21110 Transferee's issue take place after his death; contrary intention in instrument
§21115 Half-bloods, adoptees and those born out of wedlock, stepchildren, foster children, and issue
§21140 Application
§21303 [Repealed]
§21310 No contest clause: definitions
§21311 Enforcement of no contest clauses; types of contests
§21312 Intent of transferor; clause strictly construed
§21313 Common law
§21314 Part applies notwithstanding contrary provision in instrument
§21315 Applicable dates
§21320 [Repealed]
§21360 Scope of definitions
§21362 Care custodian
§21364 Cohabitant
§21366 Dependent adult
§21368 Domestic partner
§21370 Independent attorney
§21374 Person related by blood or affinity
§21380 Donative transfer presumed product of fraud or undue influence; persons
§21382 Exceptions to section 21832 presumption
§21384 Independent review of instrument; private counseling re consequences of transfer
§21385 PC §21104 at-death transfers between spouses not subject to FC §721 or presumptions of undue influence thereby created
§21386 Failure of donative transfer; consequences
§21388 No liability for transferring without notice of contest
§21390 Part applies even if contrary provision in the instrument
§21392 Application
§21600 Application of part
§21601 Decedent's testamentary instruments; estate
§21610 Omitted surviving spouse's shares in estate
§21611 Conditions for spouse's not receiving shares of estate
§21612 Satisfaction of share
§21620 Omitted child's share of estate
§21621 Conditions for child not receiving shares of estate
§21622 Omitted unknown child's share of estate
§21623 Satisfaction of shares
§21630 Limitations
§21700 Contracts for wills: formalities required