reglab/housing_qa huggingface dataset:
CA Prob Code § 266 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 1 - Definitions|Section 266.

266.  “Employee benefit plan” includes, but is not limited to, any pension, retirement, death benefit, stock bonus, or profit-sharing plan, system, or trust.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 267 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 1 - Definitions|Section 267.

267.  (a) “Interest” includes the whole of any property, real or personal, legal or equitable, or any fractional part, share, or particular portion or specific assets thereof, or any estate in any such property, or any power to appoint, consume, apply, or expend property, or any other right, power, privilege, or immunity relating to property.(b) “Interest” includes, but is not limited to, an interest created in any of the following manners:(1) By intestate succession.(2) Under a will.(3) Under a trust.(4) By succession to a disclaimed interest.(5) By virtue of an election to take against a will.(6) By creation of a power of appointment.(7) By exercise or nonexercise of a power of appointment.(8) By an inter vivos gift, whether outright or in trust.(9) By surviving the death of a depositor of a Totten trust account or P.O.D. account.(10) Under an insurance or annuity contract.(11) By surviving the death of another joint tenant.(12) Under an employee benefit plan.(13) Under an individual retirement account, annuity, or bond.(14) Under a transfer on death beneficiary designation in a deed or other instrument. (15) Any other interest created by a testamentary or inter vivos instrument or by operation of law.(Amended by Stats. 2015, Ch. 293, Sec. 5. (AB 139) Effective January 1, 2016.)
CA Prob Code § 275 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 2 - General Provisions|Section 275.

275.  A beneficiary may disclaim any interest, in whole or in part, by filing a disclaimer as provided in this part.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 276 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 2 - General Provisions|Section 276.

276.  A disclaimer on behalf of a conservatee shall be made by the conservator of the estate of the conservatee pursuant to a court order obtained under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 of Division 4 authorizing or requiring the conservator to execute and file the disclaimer.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 277 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 2 - General Provisions|Section 277.

277.  (a) A disclaimer on behalf of a minor shall be made by the guardian of the estate of the minor if one has been appointed or, if none has been appointed, by a guardian ad litem of the minor. A disclaimer by a guardian is not effective unless made pursuant to a court order obtained under this section.(b) A disclaimer on behalf of a decedent shall be made by the personal representative of the decedent. Except as provided in Part 6 (commencing with Section 10400) of Division 7, a disclaimer by a guardian or personal representative is not effective unless made pursuant to a court order obtained under this section. (c) A petition for an order authorizing or requiring a guardian or personal representative to execute and file a disclaimer shall be filed in the superior court in the county in which the estate of the minor or decedent is administered or, if there is no administration, the superior court in any county in which administration would be proper. The petition may be filed by the guardian, personal representative, or other interested person.(d) The petition shall:(1) Identify the creator of the interest.(2) Describe the interest to be disclaimed.(3) State the extent of the disclaimer.(4) Identify the person or persons the petitioner believes would take the interest in the event of the disclaimer.(e) Notice of the hearing on the petition shall be given as follows:(1) If the petition is for an order authorizing or requiring the guardian of the estate of a minor to execute and file the disclaimer, notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1 of Division 4 to all of the persons required to be given notice under that chapter.(2) If the petition is for an order authorizing or requiring the personal representative of a decedent to execute and file the disclaimer, notice of the hearing on the petition shall be given as provided in Section 1220.(3) If the petition is for an order authorizing or requiring a guardian ad litem of a minor to execute and file the disclaimer, notice of the hearing on the petition shall be given to the persons and in the manner that the court shall by order direct.(f) After hearing, the court in its discretion may make an order authorizing or requiring the guardian or personal representative to execute and file the disclaimer if the court determines, taking into consideration all of the relevant circumstances, that the minor or decedent as a prudent person would disclaim the interest if he or she had the capacity to do so.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 278 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 2 - General Provisions|Section 278.

278.  The disclaimer shall be in writing, shall be signed by the disclaimant, and shall:(a) Identify the creator of the interest.(b) Describe the interest to be disclaimed.(c) State the disclaimer and the extent of the disclaimer.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 279 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 2 - General Provisions|Section 279.

279.  (a) A disclaimer to be effective shall be filed within a reasonable time after the person able to disclaim acquires knowledge of the interest.(b) In the case of any of the following interests, a disclaimer is conclusively presumed to have been filed within a reasonable time if it is filed within nine months after the death of the creator of the interest or within nine months after the interest becomes indefeasibly vested, whichever occurs later:(1) An interest created under a will.(2) An interest created by intestate succession.(3) An interest created pursuant to the exercise or nonexercise of a testamentary power of appointment.(4) An interest created by surviving the death of a depositor of a Totten trust account or P.O.D. account.(5) An interest created under a life insurance or annuity contract.(6) An interest created by surviving the death of another joint tenant.(7) An interest created under an employee benefit plan.(8) An interest created under an individual retirement account, annuity, or bond.(9) An interest created under a transfer on death beneficiary designation in a deed or other instrument.(c) In the case of an interest created by a living trust, an interest created by the exercise of a presently exercisable power of appointment, an outright inter vivos gift, a power of appointment, or an interest created or increased by succession to a disclaimed interest, a disclaimer is conclusively presumed to have been filed within a reasonable time if it is filed within nine months after whichever of the following times occurs latest:(1) The time of the creation of the trust, the exercise of the power of appointment, the making of the gift, the creation of the power of appointment, or the disclaimer of the disclaimed property.(2) The time the first knowledge of the interest is acquired by the person able to disclaim.(3) The time the interest becomes indefeasibly vested.(d) In case of an interest not described in subdivision (b) or (c), a disclaimer is conclusively presumed to have been filed within a reasonable time if it is filed within nine months after whichever of the following times occurs later:(1) The time the first knowledge of the interest is acquired by the person able to disclaim.(2) The time the interest becomes indefeasibly vested.(e) In the case of a future estate, a disclaimer is conclusively presumed to have been filed within a reasonable time if it is filed within whichever of the following times occurs later:(1) Nine months after the time the interest becomes an estate in possession.(2) The time specified in subdivision (b), (c), or (d), whichever is applicable.(f) If the disclaimer is not filed within the time provided in subdivision (b), (c), (d), or (e), the disclaimant has the burden of establishing that the disclaimer was filed within a reasonable time after the disclaimant acquired knowledge of the interest.(Amended by Stats. 2015, Ch. 293, Sec. 6. (AB 139) Effective January 1, 2016.)
CA Prob Code § 280 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 2 - General Provisions|Section 280.

280.  (a) A disclaimer shall be filed with any of the following:(1) The superior court in the county in which the estate of the decedent is administered or, if there is no administration of the decedent’s estate, the superior court in any county in which administration of the estate of the decedent would be proper.(2) The trustee, personal representative, other fiduciary, or person responsible for distributing the interest to the beneficiary.(3) Any other person having custody or possession of or legal title to the interest.(4) The creator of the interest.(b) If a disclaimer made pursuant to this part affects real property or an obligation secured by real property and the disclaimer is acknowledged and proved in like manner as a grant of real property, the disclaimer may be recorded in like manner and with like effect as a grant of real property, and all statutory provisions relating to the recordation or nonrecordation of conveyances of real property and to the effect thereof apply to the disclaimer with like effect, without regard to the date when the disclaimer was filed pursuant to subdivision (a). Failure to file a disclaimer pursuant to subdivision (a) which is recorded pursuant to this subdivision does not affect the validity of any transaction with respect to the real property or the obligation secured thereby, and the general laws on recording and its effect govern any such transaction.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 281 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 2 - General Provisions|Section 281.

281.  A disclaimer, when effective, is irrevocable and binding upon the beneficiary and all persons claiming by, through, or under the beneficiary, including creditors of the beneficiary.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 282 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 2 - General Provisions|Section 282.

282.  (a) Unless the creator of the interest provides for a specific disposition of the interest in the event of a disclaimer, the interest disclaimed shall descend, go, be distributed, or continue to be held (1) as to a present interest, as if the disclaimant had predeceased the creator of the interest or (2) as to a future interest, as if the disclaimant had died before the event determining that the taker of the interest had become finally ascertained and the taker’s interest indefeasibly vested. A disclaimer relates back for all purposes to the date of the death of the creator of the disclaimed interest or the determinative event, as the case may be.(b) Notwithstanding subdivision (a), where the disclaimer is filed on or after January 1, 1985:(1) The beneficiary is not treated as having predeceased the decedent for the purpose of determining the generation at which the division of the estate is to be made under Part 6 (commencing with Section 240) or other provision of a will, trust, or other instrument.(2) The beneficiary of a disclaimed interest is not treated as having predeceased the decedent for the purpose of applying subdivision (d) of Section 6409 or subdivision (b) of Section 6410.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 283 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 2 - General Provisions|Section 283.

283.  A disclaimer is not a voidable transfer by the beneficiary under the Uniform Voidable Transactions Act (Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 of the Civil Code).(Amended by Stats. 2015, Ch. 44, Sec. 26. (SB 161) Effective January 1, 2016.)
CA Prob Code § 284 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 2 - General Provisions|Section 284.

284.  A person who could file a disclaimer under this part may instead file a written waiver of the right to disclaim. The waiver shall specify the interest to which the waiver applies. Upon being filed as provided in Section 280, the waiver is irrevocable and is binding upon the beneficiary and all persons claiming by, through, or under the beneficiary.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 285 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 2 - General Provisions|Section 285.

285.  (a) A disclaimer may not be made after the beneficiary has accepted the interest sought to be disclaimed.(b) For the purpose of this section, a beneficiary has accepted an interest if any of the following occurs before a disclaimer is filed with respect to that interest:(1) The beneficiary, or someone acting on behalf of the beneficiary, makes a voluntary assignment, conveyance, encumbrance, pledge, or transfer of the interest or part thereof, or contracts to do so; provided, however, that a beneficiary will not have accepted an interest if the beneficiary makes a gratuitous conveyance or transfer of the beneficiary’s entire interest in property to the person or persons who would have received the property had the beneficiary made an otherwise qualified disclaimer pursuant to this part.(2) The beneficiary, or someone acting on behalf of the beneficiary, executes a written waiver under Section 284 of the right to disclaim the interest.(3) The beneficiary, or someone acting on behalf of the beneficiary, accepts the interest or part thereof or benefit thereunder.(4) The interest or part thereof is sold at a judicial sale.(c) An acceptance does not preclude a beneficiary from thereafter disclaiming all or part of an interest if both of the following requirements are met:(1) The beneficiary became entitled to the interest because another person disclaimed an interest.(2) The beneficiary or other person acting on behalf of the beneficiary at the time of the acceptance had no knowledge of the interest to which the beneficiary so became entitled.(d) The acceptance by a joint tenant of the joint tenancy interest created when the joint tenancy is created is not an acceptance by the joint tenant of the interest created when the joint tenant survives the death of another joint tenant.(Amended by Stats. 1994, Ch. 806, Sec. 3. Effective January 1, 1995.)
CA Prob Code § 286 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 2 - General Provisions|Section 286.

286.  The right to disclaim exists regardless of any limitation imposed on the interest of a beneficiary in the nature of an expressed or implied spendthrift provision or similar restriction.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 287 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 2 - General Provisions|Section 287.

287.  An interest created before January 1, 1984, that has not been accepted may be disclaimed after December 31, 1983, in the manner provided in this part, but no interest that arose before January 1, 1984, in a person other than the beneficiary may be destroyed or diminished by any action of the disclaimant taken pursuant to this part.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 288 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 2 - General Provisions|Section 288.

288.  This part does not limit or abridge any right a person may have under any other law to assign, convey, or release any property or interest, but after December 31, 1983, an interest that would otherwise be taken by a beneficiary may be declined, refused, renounced, or disclaimed only as provided in this part.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 295 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS|CHAPTER 3 - Disclaimers Effective Under Federal Law|Section 295.

295.  Notwithstanding any other provision of this part, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the beneficiary, then the disclaimer or transfer is effective as a disclaimer under this part.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 370 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW|CHAPTER 2 - Appointment of Substitute Fiduciary|Section 370.

370.  If a fiduciary is engaged in war service, on petition of the fiduciary, a cofiduciary, or an interested person, the court may do any one or more of the following:(a) Appoint a substitute fiduciary. If there is a qualified and acting cofiduciary, the court is not required to appoint a substitute fiduciary but may vest in the cofiduciary the powers of the original fiduciary engaged in war service. (b) Order a suspension of the powers and duties of the original fiduciary for the period the original fiduciary is engaged in war service and until further order of the court.(c) Order an account by the original fiduciary.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 371 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW|CHAPTER 2 - Appointment of Substitute Fiduciary|Section 371.

371.  A substitute fiduciary has all the powers, including discretionary powers, that the original fiduciary had, except powers that the court determines are purely personal to the original fiduciary, and is subject to the same duties as the original fiduciary.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 372 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW|CHAPTER 2 - Appointment of Substitute Fiduciary|Section 372.

372.  Except as otherwise ordered by the court, a substitute fiduciary shall give a bond in the manner and to the extent provided by law for the original fiduciary.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 373 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW|CHAPTER 2 - Appointment of Substitute Fiduciary|Section 373.

373.  After the expiration of an original fiduciary’s war service, if the estate has not been closed, the original fiduciary, on petition, is entitled to reinstatement as fiduciary. On reinstatement, the substitute fiduciary may, in the discretion of the court, be removed and may be discharged on conditions prescribed by the court.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 374 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW|CHAPTER 2 - Appointment of Substitute Fiduciary|Section 374.

374.  A substitute fiduciary or an original fiduciary reinstated under Section 373 is not liable for the acts or omissions of the predecessor fiduciary.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 400 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 12 - PROBATE REFEREES|CHAPTER 1 - Appointment and Revocation|Section 400.

400.  (a) The Controller shall appoint at least one person in each county to act as a probate referee for the county.(b) If there are fewer than three qualified applicants to serve in a county, the Controller may designate a probate referee from another county or make an interim appointment, to serve until the vacancy has been filled by a qualified applicant.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 401 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 12 - PROBATE REFEREES|CHAPTER 1 - Appointment and Revocation|Section 401.

401.  (a) Appointment shall be from among persons passing a qualification examination. A person who passes the examination is eligible for appointment for a period of five years from the date of the examination.(b) Appointment shall be on the basis of merit without regard to sex, race, religious creed, color, national origin, ancestry, marital status, or political affiliation.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 402 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 12 - PROBATE REFEREES|CHAPTER 1 - Appointment and Revocation|Section 402.

402.  (a) The qualification examination for applicants for appointment to act as a probate referee shall be held at times and places within the state determined by the Controller.(b) The Controller may contract with another agency to administer the qualification examination. Administration of the examination shall include:(1) Development of standards for passage of the examination.(2) Preparation of examination questions.(3) Giving the examination.(4) Scoring the examination.(c) Each applicant shall pay a fee for taking the qualification examination. The agency administering the examination shall transmit to the Controller a list of candidates who have received a passing score in the examination. The list is a public record.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 403 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 12 - PROBATE REFEREES|CHAPTER 1 - Appointment and Revocation|Section 403.

403.  (a) The term of office of a probate referee is four years, expiring June 30. A person may be appointed to complete the unexpired term of office of a probate referee whose appointment is revoked or is otherwise terminated. For a period of five years from the date of expiration of the term of office, a person who had been appointed to act as a probate referee is eligible for reappointment. (b) If the Controller increases the number of probate referees in a county, the Controller shall stagger the terms of the new appointees so that one-quarter, or as close to one-quarter as possible, of the terms of the probate referees in that county expire on June 30 of each succeeding year.(Enacted by Stats. 1990, Ch. 79.)