reglab/housing_qa huggingface dataset:
CA Prob Code § 220 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 5 - SIMULTANEOUS DEATH|CHAPTER 1 - General Provisions|Section 220.

220.  Except as otherwise provided in this chapter, if the title to property or the devolution of property depends upon priority of death and it cannot be established by clear and convincing evidence that one of the persons survived the other, the property of each person shall be administered or distributed, or otherwise dealt with, as if that person had survived the other.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 221 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 5 - SIMULTANEOUS DEATH|CHAPTER 1 - General Provisions|Section 221.

221.  (a) This chapter does not apply in any case where Section 103, 6211, or 6403 applies.(b) This chapter does not apply in the case of a trust, deed, or contract of insurance, or any other situation, where (1) provision is made dealing explicitly with simultaneous deaths or deaths in a common disaster or otherwise providing for distribution of property different from the provisions of this chapter or (2) provision is made requiring one person to survive another for a stated period in order to take property or providing for a presumption as to survivorship that results in a distribution of property different from that provided by this chapter.(Amended by Stats. 2002, Ch. 138, Sec. 3. Effective January 1, 2003.)
CA Prob Code § 222 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 5 - SIMULTANEOUS DEATH|CHAPTER 1 - General Provisions|Section 222.

222.  (a) If property is so disposed of that the right of a beneficiary to succeed to any interest in the property is conditional upon surviving another person and it cannot be established by clear and convincing evidence that the beneficiary survived the other person, the beneficiary is deemed not to have survived the other person.(b) If property is so disposed of that one of two or more beneficiaries would have been entitled to the property if he or she had survived the others, and it cannot be established by clear and convincing evidence that any beneficiary survived any other beneficiary, the property shall be divided into as many equal portions as there are beneficiaries and the portion of each beneficiary shall be administered or distributed, or otherwise dealt with, as if that beneficiary had survived the other beneficiaries.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 223 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 5 - SIMULTANEOUS DEATH|CHAPTER 1 - General Provisions|Section 223.

223.  (a) As used in this section, “joint tenants” includes owners of property held under circumstances that entitled one or more to the whole of the property on the death of the other or others.(b) If property is held by two joint tenants and both of them have died and it cannot be established by clear and convincing evidence that one survived the other, the property held in joint tenancy shall be administered or distributed, or otherwise dealt with, one-half as if one joint tenant had survived and one-half as if the other joint tenant had survived.(c) If property is held by more than two joint tenants and all of them have died and it cannot be established by clear and convincing evidence that any of them survived the others, the property held in joint tenancy shall be divided into as many portions as there are joint tenants and the share of each joint tenant shall be administered or distributed, or otherwise dealt with, as if that joint tenant had survived the other joint tenants.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 224 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 5 - SIMULTANEOUS DEATH|CHAPTER 1 - General Provisions|Section 224.

224.  If the insured and a beneficiary under a policy of life or accident insurance have died and it cannot be established by clear and convincing evidence that the beneficiary survived the insured, the proceeds of the policy shall be administered or distributed, or otherwise dealt with, as if the insured had survived the beneficiary, except if the policy is community or quasi-community property of the insured and the spouse of the insured and there is no alternative beneficiary except the estate or personal representative of the insured, the proceeds shall be distributed as community property under Section 103.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 226 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 5 - SIMULTANEOUS DEATH|CHAPTER 1 - General Provisions|Section 226.

226.  This chapter does not apply where a person the priority of whose death is in issue died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where none of the persons the priority of whose death is in issue died on or after January 1, 1985.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 230 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 5 - SIMULTANEOUS DEATH|CHAPTER 2 - Proceedings to Determine Survival|Section 230.

230.  A petition may be filed under this chapter for any one or more of the following purposes:(a) To determine for the purposes of Section 103, 220, 222, 223, 224, 6211, 6242, 6243, 6403, 21109, 21110 or other provision of this code whether one person survived another.(b) To determine for the purposes of Section 673 whether issue of an appointee survived the donee.(c) To determine for the purposes of Section 24611 of the Education Code whether a person has survived in order to receive benefits payable under the system.(d) To determine for the purposes of Section 21509 of the Government Code whether a person has survived in order to receive money payable under the system.(Amended by Stats. 2002, Ch. 138, Sec. 4. Effective January 1, 2003.)
CA Prob Code § 231 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 5 - SIMULTANEOUS DEATH|CHAPTER 2 - Proceedings to Determine Survival|Section 231.

231.  A petition may be filed under this chapter by any of the following:(a) The personal representative of any person the priority of whose death is in issue under the applicable provision referred to in Section 230.(b) Any other person interested in the estate of any such person.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 232 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 5 - SIMULTANEOUS DEATH|CHAPTER 2 - Proceedings to Determine Survival|Section 232.

232.  (a) The petition shall be filed in the estate proceeding in which the person filing the petition received his or her appointment or in the estate proceeding for the estate in which the person filing the petition claims an interest. (b) The court that first acquires jurisdiction under this section has exclusive jurisdiction for the purposes of this chapter.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 233 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 5 - SIMULTANEOUS DEATH|CHAPTER 2 - Proceedings to Determine Survival|Section 233.

233.  Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons:(a) The personal representative of each person the priority of whose death is in issue if there is a personal representative for the person.(b)  Each known devisee of each person the priority of whose death is in issue.(c)  Each known heir of each person the priority of whose death is in issue. (d) All persons (or their attorneys if they have appeared by attorneys) who have requested special notice as provided in Section 1250 in the proceeding in which the petition is filed or who have given notice of appearance in person or by attorney in that proceeding.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 234 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 5 - SIMULTANEOUS DEATH|CHAPTER 2 - Proceedings to Determine Survival|Section 234.

234.  If the court determines that the named persons are dead and that it has not been established by clear and convincing evidence that one person survived another, the court shall make an order to that effect. If the court determines that the named persons are dead and that there is clear and convincing evidence that one person survived another, the court shall make an order setting forth the order in which the persons died. The order, when it becomes final, is a binding determination of the facts set forth in the order and is conclusive as against the personal representatives of the deceased persons named in the order and against all persons claiming by, through, or under any of the deceased persons.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 240 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 6 - DISTRIBUTION AMONG HEIRS OR BENEFICIARIES|CHAPTER 1 - Intestate Distribution System|Section 240.

240.  If a statute calls for property to be distributed or taken in the manner provided in this section, the property shall be divided into as many equal shares as there are living members of the nearest generation of issue then living and deceased members of that generation who leave issue then living, each living member of the nearest generation of issue then living receiving one share and the share of each deceased member of that generation who leaves issue then living being divided in the same manner among his or her then living issue.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 241 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 6 - DISTRIBUTION AMONG HEIRS OR BENEFICIARIES|CHAPTER 1 - Intestate Distribution System|Section 241.

241.  Section 240 does not apply where the death of the decedent in the case of intestate succession or of the testator, settlor, or other transferor occurred before January 1, 1985, and the law applicable prior to January 1, 1985, shall continue to apply where the death occurred before January 1, 1985.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 245 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 6 - DISTRIBUTION AMONG HEIRS OR BENEFICIARIES|CHAPTER 2 - Distribution Under a Will, Trust, or Other Instrument|Section 245.

245.  (a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 240 of the Probate Code,” or where a will, trust, or other instrument that expresses no contrary intention provides for issue or descendants to take without specifying the manner, the property to be distributed shall be distributed in the manner provided in Section 240.(b) Use of the following words without more, as applied to issue or descendants, is not an expression of contrary intention:(1) “Per capita” when living members of the designated class are not all of the same generation.(2) Contradictory wording, such as “per capita and per stirpes” or “equally and by right of representation.”(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 246 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 6 - DISTRIBUTION AMONG HEIRS OR BENEFICIARIES|CHAPTER 2 - Distribution Under a Will, Trust, or Other Instrument|Section 246.

246.  (a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 246 of the Probate Code,” the property to be distributed shall be divided into as many equal shares as there are living children of the designated ancestor, if any, and deceased children who leave issue then living. Each living child of the designated ancestor is allocated one share, and the share of each deceased child who leaves issue then living is divided in the same manner.(b) Unless the will, trust, or other instrument expressly provides otherwise, if an instrument executed on or after January 1, 1986, calls for property to be distributed or taken “per stirpes,” “by representation,” or “by right of representation,” the property shall be distributed in the manner provided in subdivision (a).(c) If a will, trust, or other instrument executed before January 1, 1986, calls for property to be distributed or taken “per stirpes,” “by representation,” or by “right of representation,” the property shall be distributed in the manner provided in subdivision (a), absent a contrary intent of the transferor.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 247 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 6 - DISTRIBUTION AMONG HEIRS OR BENEFICIARIES|CHAPTER 2 - Distribution Under a Will, Trust, or Other Instrument|Section 247.

247.  (a)  Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 247 of the Probate Code,” the property to be distributed shall be divided into as many equal shares as there are living members of the nearest generation of issue then living and deceased members of that generation who leave issue then living. Each living member of the nearest generation of issue then living is allocated one share, and the remaining shares, if any, are combined and then divided and allocated in the same manner among the remaining issue as if the issue already allocated a share and their descendants were then deceased.(b) Unless the will, trust, or other instrument expressly provides otherwise, if an instrument executed on or after January 1, 1986, calls for property to be distributed or taken “per capita at each generation,” the property shall be distributed in the manner provided in subdivision (a).(c) If a will, trust, or other instrument executed before January 1, 1986, calls for property to be distributed or taken “per capita at each generation,” the property shall be distributed in the manner provided in subdivision (a), absent a contrary intent of the transferor.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 248 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 6 - DISTRIBUTION AMONG HEIRS OR BENEFICIARIES|CHAPTER 3 - Identity of Heirs|Section 248.

248.  When title to real or personal property, or any interest therein, vests, other than by laws of succession, on the heirs, heirs of the body, issue, or children of any person, without other description, or means of identification of the persons embraced in the description, any person interested in the property as the heir, heir of the body, issue, or child, or his or her successor in interest, or the personal representative of any interested person or of his or her successor in interest, may file a verified petition in the superior court of the county in which the property or any part thereof is situated, setting forth briefly the deraignment of title of petitioner, a description of the property affected, and so far as known to the petitioner, the names, ages, and residences of the heirs, heirs of the body, issue or children whose identity is sought to be determined, and if any is dead or if the residence of any is unknown, stating the facts, and requesting that a decree be entered determining and establishing the identity of the persons embraced in the general description.(Added by Stats. 1992, Ch. 871, Sec. 1. Effective January 1, 1993.)
CA Prob Code § 248.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 6 - DISTRIBUTION AMONG HEIRS OR BENEFICIARIES|CHAPTER 3 - Identity of Heirs|Section 248.5.

248.5.  The clerk shall set the petition for hearing by the court and give notice thereof in the manner provided in Sections 1230 and 1260. The petitioner shall cause notice of the hearing to be given in the manner specified in Sections 1220 and 1260.(Added by Stats. 1992, Ch. 871, Sec. 1. Effective January 1, 1993.)
CA Prob Code § 249 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 6 - DISTRIBUTION AMONG HEIRS OR BENEFICIARIES|CHAPTER 3 - Identity of Heirs|Section 249.

249.  At any time before the hearing any person interested in the property may answer the petition and deny any of the matters contained therein. The court shall hear the proofs offered by the petitioner and by any person contesting and shall make a decree conformable to the proofs. The decree shall be prima facie evidence of the facts determined thereby, and shall be conclusive in favor of anyone acting thereon in good faith without notice of any conflicting interest.(Added by Stats. 1992, Ch. 871, Sec. 1. Effective January 1, 1993.)
CA Prob Code § 249.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 6 - DISTRIBUTION AMONG HEIRS OR BENEFICIARIES|CHAPTER 3 - Identity of Heirs|Section 249.5.

249.5.  For purposes of determining rights to property to be distributed upon the death of a decedent, a child of the decedent conceived and born after the death of the decedent shall be deemed to have been born in the lifetime of the decedent, and after the execution of all of the decedent’s testamentary instruments, if the child or his or her representative proves by clear and convincing evidence that all of the following conditions are satisfied:(a) The decedent, in writing, specifies that his or her genetic material shall be used for the posthumous conception of a child of the decedent, subject to the following:(1) The specification shall be signed by the decedent and dated.(2) The specification may be revoked or amended only by a writing, signed by the decedent and dated.(3) A person is designated by the decedent to control the use of the genetic material.(b) The person designated by the decedent to control the use of the genetic material has given written notice by certified mail, return receipt requested, that the decedent’s genetic material was available for the purpose of posthumous conception. The notice shall have been given to a person who has the power to control the distribution of either the decedent’s property or death benefits payable by reason of the decedent’s death, within four months of the date of issuance of a certificate of the decedent’s death or entry of a judgment determining the fact of the decedent’s death, whichever event occurs first.(c) The child was in utero using the decedent’s genetic material and was in utero within two years of the date of issuance of a certificate of the decedent’s death or entry of a judgment determining the fact of the decedent’s death, whichever event occurs first. This subdivision does not apply to a child who shares all of his or her nuclear genes with the person donating the implanted nucleus as a result of the application of somatic nuclear transfer technology commonly known as human cloning.(Amended by Stats. 2005, Ch. 285, Sec. 1. Effective January 1, 2006.)
CA Prob Code § 249.7 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 6 - DISTRIBUTION AMONG HEIRS OR BENEFICIARIES|CHAPTER 3 - Identity of Heirs|Section 249.7.

249.7.  If the written notice required pursuant to Section 249.5 is not given in a timely manner to any person who has the power to control the distribution of either the decedent’s property or death benefits payable by reason of the decedent’s death, that person may make the distribution in the manner provided by law as if any child of the decedent conceived after the death of the decedent had predeceased the decedent without heirs. Any child of a decedent conceived after the death of the decedent, or that child’s representative, shall be barred from making a claim against either the person making the distribution or the recipient of the distribution when the claim is based on wrongful distribution and written notice has not been given in a timely manner pursuant to Section 249.5 to the person making that distribution.(Added by Stats. 2004, Ch. 775, Sec. 7. Effective January 1, 2005.)
CA Prob Code § 249.8 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 6 - DISTRIBUTION AMONG HEIRS OR BENEFICIARIES|CHAPTER 3 - Identity of Heirs|Section 249.8.

249.8.  Notwithstanding Section 249.6, any interested person may file a petition in the manner prescribed in Section 248 or 17200 requesting a distribution of property of the decedent or death benefits payable by reason of decedent’s death that are subject to the delayed distribution provisions of Section 249.6. The court may order distribution of all, or a portion of, the property or death benefits, if at the hearing it appears that distribution can be made without any loss to any interested person, including any loss, either actual or contingent, to a decedent’s child who is conceived after the death of the decedent. The order for distribution shall be stayed until any bond required by the court is filed.(Amended by Stats. 2005, Ch. 285, Sec. 3. Effective January 1, 2006.)
CA Prob Code § 260 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 1 - Definitions|Section 260.

260.  Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 262 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 1 - Definitions|Section 262.

262.  “Beneficiary” means the person entitled, but for the person’s disclaimer, to take an interest.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 263 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 1 - Definitions|Section 263.

263.  (a) “Creator of the interest” means a person who establishes, declares, creates, or otherwise brings into existence an interest.(b) “Creator of the interest” includes, but is not limited to, the following:(1) With respect to an interest created by intestate succession, the person dying intestate.(2) With respect to an interest created under a will, the testator.(3) With respect to an interest created under a trust, the settlor.(4) With respect to an interest created by succession to a disclaimed interest, the disclaimant of the disclaimed interest.(5) With respect to an interest created by virtue of an election to take against a will, the testator.(6) With respect to an interest created by creation of a power of appointment, the donor.(7) With respect to an interest created by exercise or nonexercise of a power of appointment, the donee.(8) With respect to an interest created by an inter vivos gift, the donor.(9) With respect to an interest created by surviving the death of a depositor of a Totten trust account or P.O.D. account, the deceased depositor.(10) With respect to an interest created under an insurance or annuity contract, the owner, the insured, or the annuitant.(11) With respect to an interest created by surviving the death of another joint tenant, the deceased joint tenant.(12) With respect to an interest created under an employee benefit plan, the employee or other owner of an interest in the plan.(13) With respect to an interest created under an individual retirement account, annuity, or bond, the owner.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 264 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 1 - Definitions|Section 264.

264.  “Disclaimant” means a beneficiary who executes a disclaimer on his or her own behalf or a person who executes a disclaimer on behalf of a beneficiary.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 265 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 1 - Definitions|Section 265.

265.  “Disclaimer” means any writing which declines, refuses, renounces, or disclaims any interest that would otherwise be taken by a beneficiary.(Enacted by Stats. 1990, Ch. 79.)