reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH › CHAPTER 1 - Surviving Spouse s Waiver of Rights › Section 147.

147. (a) Subject to subdivisions (c) and (d), a waiver, agreement, or property settlement made after December 31, 1984, is invalid insofar as it affects the rights listed in subdivision (a) of Section 141 unless it satisfies the requirements of this chapter.
(b) Nothing in this chapter affects the validity or effect of any waiver, agreement, or property settlement made prior to January 1, 1985, and the validity and effect of such waiver, agreement, or property settlement shall continue to be determined by the law applicable to the waiver, agreement, or settlement prior to January 1, 1985.
(c) Nothing in this chapter affects the validity or effect of any premarital property agreement, whether made prior to, on, or after January 1, 1985, insofar as the premarital property agreement affects the rights listed in subdivision (a) of Section 141, and the validity and effect of such premarital property agreement shall be determined by the law otherwise applicable to the premarital property agreement. Nothing in this subdivision limits the enforceability under this chapter of a waiver made under this chapter by a person intending to marry that is otherwise enforceable under this chapter.
(d) Nothing in this chapter limits any right one spouse otherwise has to revoke a consent or election to disposition of his or her half of the community or quasi-community property under the will of the other spouse.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 4 - ESTABLISHING AND REPORTING FACT OF DEATH › CHAPTER 1 - Proceedings to Establish Death › Section 200.

200. If title to or an interest in real or personal property is affected by the death of a person, another person who claims an interest in the property may commence proceedings pursuant to this chapter to establish the fact of the death.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 4 - ESTABLISHING AND REPORTING FACT OF DEATH › CHAPTER 1 - Proceedings to Establish Death › Section 201.

201. (a) Proceedings under this chapter shall be commenced in the superior court of the county of which the decedent was a resident at the time of death or in the superior court of any county in which the property is located.
(b) Proceedings under this chapter shall be commenced by filing a petition that sets forth all of the following information:
(1) The jurisdictional facts.
(2) A particular description of the affected property and of the interest of the petitioner in the property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 4 - ESTABLISHING AND REPORTING FACT OF DEATH › CHAPTER 1 - Proceedings to Establish Death › Section 202.

202. If proceedings for the administration of the decedent’s estate are pending, proceedings under this chapter may be combined with the administration proceedings in the following manner:
(a) The petition shall be filed in the administration proceedings by the person affected or by the personal representative.
(b) The petition shall be filed at any time before the filing of a petition for final distribution. The petition may be included in a petition for probate of the will of the decedent or for letters.
(c) The petition shall be filed without any additional fee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 4 - ESTABLISHING AND REPORTING FACT OF DEATH › CHAPTER 1 - Proceedings to Establish Death › Section 203.

203. (a) Except as provided in subdivision (b), notice of the hearing shall be given as provided in Section 1220.
(b) If the person who commenced the proceedings files an affidavit with the petition stating that the person has no reason to believe there is any opposition to, or contest of, the petition, the court may act ex parte.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 4 - ESTABLISHING AND REPORTING FACT OF DEATH › CHAPTER 1 - Proceedings to Establish Death › Section 204.

204. (a) The petition and supporting affidavits may be received in evidence and acted upon by the court with the same force and effect as if the petitioner and affiants were personally present and testified to the facts set forth.
(b) The court may render judgment establishing the fact of the death. The judgment is prima facie evidence of the fact of the death. The presumption established by this subdivision is a presumption affecting the burden of producing evidence.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 4 - ESTABLISHING AND REPORTING FACT OF DEATH › CHAPTER 2 - Recording Evidence of Death › Section 210.

210. If title to real property is affected by the death of a person, any person may record in the county in which the property is located any of the following documents establishing the fact of the death:
(a) An affidavit of death executed by a person having knowledge of the facts. The affidavit shall include a particular description of the real property and an attested or certified copy of a record of the death made and filed in a designated public office as required by law. For purposes of this subdivision, a certified copy issued in this state shall include any copy issued pursuant to Section 103525 of, subdivision (a) of Section 103526 of, or paragraph (1) of subdivision (b) of Section 103526 of, the Health and Safety Code.
(b) A certified copy of a court order that determines the fact of death made pursuant to Chapter 1 (commencing with Section 200) or pursuant to another statute that provides for a determination of the fact of death.
(Amended by Stats. 2013, Ch. 78, Sec. 4. (AB 464) Effective January 1, 2014.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 4 - ESTABLISHING AND REPORTING FACT OF DEATH › CHAPTER 2 - Recording Evidence of Death › Section 211.

211. (a) A document establishing the fact of death recorded pursuant to this chapter is subject to all statutory requirements for recorded documents.
(b) The county recorder shall index a document establishing the fact of death recorded pursuant to this chapter in the index of grantors and grantees. The index entry shall be for the grantor, and for the purpose of this index, the person whose death is established shall be deemed to be the grantor.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 4 - ESTABLISHING AND REPORTING FACT OF DEATH › CHAPTER 2 - Recording Evidence of Death › Section 212.

212. A document establishing the fact of the death of a person recorded pursuant to this chapter is prima facie evidence of the death insofar as the document identifies real property located in the county, title to which is affected by the death. The presumption established by this section is a presumption affecting the burden of producing evidence.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 4 - ESTABLISHING AND REPORTING FACT OF DEATH › CHAPTER 3 - Reporting Fact of Death › Section 215.

215. Where a deceased person has received or may have received health care under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or was the surviving spouse of a person who received that health care, the estate attorney, or if there is no estate attorney, the beneficiary, the personal representative, or the person in possession of property of the decedent shall give the Director of Health Care Services notice of the decedent’s death not later than 90 days after the date of death. The notice shall include a copy of the decedent’s death certificate. The notice shall be given as provided in Section 1215, addressed to the director at the Sacramento office of the director.
(Amended by Stats. 2014, Ch. 71, Sec. 135. (SB 1304) Effective January 1, 2015.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 4 - ESTABLISHING AND REPORTING FACT OF DEATH › CHAPTER 3 - Reporting Fact of Death › Section 216.

216. (a) For the purposes of this section “confined” means to be confined in a prison or facility under the jurisdiction of the Department of Corrections and Rehabilitation, or its Division of Juvenile Facilities, or confined in any county or city jail, road camp, industrial farm, or other local correctional facility.
(b) The estate attorney, or if there is no estate attorney, the beneficiary, the personal representative, or the person in possession of property of the decedent shall give the Director of the California Victim Compensation Board notice of a decedent’s death not later than 90 days after the date of death in either of the following circumstances:
(1) The deceased person has an heir or beneficiary who is confined.
(2) The estate attorney, or if there is no estate attorney, the beneficiary, the personal representative, or the person in possession of property of the decedent, knows that an heir or beneficiary has previously been confined.
(c) The notice shall be given as provided in Section 1215 and shall include all of the following:
(1) The name, date of birth, and location of incarceration, or current address if no longer incarcerated, of the decedent’s heir or beneficiary.
(2) The heir’s or beneficiary’s CDCR number if incarcerated in a Department of Corrections and Rehabilitation facility or booking number if incarcerated in a county facility.
(3) A copy of the decedent’s death certificate.
(4) The probate case number, and the name of the superior court hearing the case.
(d) Nothing in this section shall be interpreted as requiring the estate attorney, the beneficiary, the personal representative, or the person in possession of property of the decedent to conduct an additional investigation to determine whether a decedent has an heir or beneficiary who has been confined in a prison or facility under the jurisdiction of the Department of Corrections and Rehabilitation, or its Division of Juvenile Facilities, or confined in any county or city jail, road camp, industrial farm, or other local correctional facility.
(Amended by Stats. 2016, Ch. 31, Sec. 260. (SB 836) Effective June 27, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 4 - ESTABLISHING AND REPORTING FACT OF DEATH › CHAPTER 3 - Reporting Fact of Death › Section 217.

217. (a) A business that receives an oral or written request from a family member, attorney, or personal representative of a deceased person to cancel that person’s services may not require an in-person cancellation.
(b) For purposes of this section, “services” include, but are not limited to, gas, electrical, water, sewage, cable, satellite, telephone, or cellular telephone service.
(Added by Stats. 2007, Ch. 14, Sec. 1. Effective January 1, 2008.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 7 - EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT › Section 250.

250. (a) A person who feloniously and intentionally kills the decedent is not entitled to any of the following:
(1) Any property, interest, or benefit under a will of the decedent, or a trust created by or for the benefit of the decedent or in which the decedent has an interest, including any general or special power of appointment conferred by the will or trust on the killer and any nomination of the killer as executor, trustee, guardian, or conservator or custodian made by the will or trust.
(2) Any property of the decedent by intestate succession.
(3) Any of the decedent’s quasi-community property the killer would otherwise acquire under Section 101 or 102 upon the death of the decedent.
(4) Any property of the decedent under Division 5 (commencing with Section 5000).
(5) Any property of the decedent under Part 3 (commencing with Section 6500) of Division 6.
(b) In the cases covered by subdivision (a):
(1) The property interest or benefit referred to in paragraph (1) of subdivision (a) passes as if the killer had predeceased the decedent and Section 21110 does not apply.
(2) Any property interest or benefit referred to in paragraph (1) of subdivision (a) which passes under a power of appointment and by reason of the death of the decedent passes as if the killer had predeceased the decedent, and Section 673 does not apply.
(3) Any nomination in a will or trust of the killer as executor, trustee, guardian, conservator, or custodian which becomes effective as a result of the death of the decedent shall be interpreted as if the killer had predeceased the decedent.
(Amended by Stats. 2015, Ch. 293, Sec. 4. (AB 139) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 7 - EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT › Section 251.

251. A joint tenant who feloniously and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent’s property and the killer has no rights by survivorship. This section applies to joint tenancies in real and personal property, joint and multiple-party accounts in financial institutions, and any other form of coownership with survivorship incidents.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 7 - EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT › Section 252.

252. A named beneficiary of a bond, life insurance policy, or other contractual arrangement who feloniously and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy, or other contractual arrangement, and it becomes payable as though the killer had predeceased the decedent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 7 - EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT › Section 253.

253. In any case not described in Section 250, 251, or 252 in which one person feloniously and intentionally kills another, any acquisition of property, interest, or benefit by the killer as a result of the killing of the decedent shall be treated in accordance with the principles of this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 7 - EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT › Section 254.

254. (a) A final judgment of conviction of felonious and intentional killing is conclusive for purposes of this part.
(b) In the absence of a final judgment of conviction of felonious and intentional killing, the court may determine by a preponderance of evidence whether the killing was felonious and intentional for purposes of this part. The burden of proof is on the party seeking to establish that the killing was felonious and intentional for the purposes of this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 7 - EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT › Section 255.

255. This part does not affect the rights of any person who, before rights under this part have been adjudicated, purchases from the killer for value and without notice property which the killer would have acquired except for this part, but the killer is liable for the amount of the proceeds or the value of the property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 7 - EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT › Section 256.

256. An insurance company, financial institution, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this part, unless prior to payment it has received at its home office or principal address written notice of a claim under this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 7 - EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT › Section 257.

257. This part does not apply where the decedent was killed before January 1, 1985; and the law applicable prior to January 1, 1985, continues to apply where the decedent was killed before January 1, 1985.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 7 - EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT › Section 258.

258. A person who feloniously and intentionally kills the decedent is not entitled to bring an action for wrongful death of the decedent or to benefit from the action brought by the decedent’s personal representative. The persons who may bring an action for wrongful death of the decedent and to benefit from the action are determined as if the killer had predeceased the decedent.
(Added by Stats. 1992, Ch. 178, Sec. 29.5. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 7 - EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT › Section 259.

259. (a) Any person shall be deemed to have predeceased a decedent to the extent provided in subdivision (c) where all of the following apply:
(1) It has been proven by clear and convincing evidence that the person is liable for physical abuse, neglect, or financial abuse of the decedent, who was an elder or dependent adult.
(2) The person is found to have acted in bad faith.
(3) The person has been found to have been reckless, oppressive, fraudulent, or malicious in the commission of any of these acts upon the decedent.
(4) The decedent, at the time those acts occurred and thereafter until the time of his or her death, has been found to have been substantially unable to manage his or her financial resources or to resist fraud or undue influence.
(b) Any person shall be deemed to have predeceased a decedent to the extent provided in subdivision (c) if that person has been convicted of a violation of Section 236 of the Penal Code or any offense described in Section 368 of the Penal Code.
(c) Any person found liable under subdivision (a) or convicted under subdivision (b) shall not (1) receive any property, damages, or costs that are awarded to the decedent’s estate in an action described in subdivision (a) or (b), whether that person’s entitlement is under a will, a trust, or the laws of intestacy; or (2) serve as a fiduciary as defined in Section 39, if the instrument nominating or appointing that person was executed during the period when the decedent was substantially unable to manage his or her financial resources or resist fraud or undue influence. This section shall not apply to a decedent who, at any time following the act or acts described in paragraph (1) of subdivision (a), or the act or acts described in subdivision (b), was substantially able to manage his or her financial resources and to resist fraud or undue influence within the meaning of subdivision (b) of Section 1801 of the Probate Code and subdivision (b) of Section 39 of the Civil Code.
(d) For purposes of this section, the following definitions shall apply:
(1) “Physical abuse” as defined in Section 15610.63 of the Welfare and Institutions Code.
(2) “Neglect” as defined in Section 15610.57 of the Welfare and Institutions Code.
(3) “False imprisonment” as defined in Section 368 of the Penal Code.
(4) “Financial abuse” as defined in Section 15610.30 of the Welfare and Institutions Code.
(e) Nothing in this section shall be construed to prohibit the severance and transfer of an action or proceeding to a separate civil action pursuant to Section 801.
(Amended by Stats. 2011, Ch. 308, Sec. 9. (SB 647) Effective January 1, 2012.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)