reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 3 - Revocation and Revival › Section 6122.1.

6122.1. (a) Unless the will expressly provides otherwise, if after executing a will the testator’s domestic partnership is terminated, the termination revokes all of the following:
(1) Any disposition or appointment of property made by the will to the former domestic partner.
(2) Any provision of the will conferring a general or special power of appointment on the former domestic partner.
(3) Any provision of the will nominating the former domestic partner as executor, trustee, conservator, or guardian.
(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator establishing another domestic partnership with the former domestic partner.
(c) In case of revocation by termination of a domestic partnership:
(1) Property prevented from passing to a former domestic partner because of the revocation passes as if the former domestic partner failed to survive the testator.
(2) Other provisions of the will conferring some power or office on the former domestic partner shall be interpreted as if the former domestic partner failed to survive the testator.
(d) This section shall apply only to wills executed on or after January 1, 2002.
(Added by Stats. 2001, Ch. 893, Sec. 51. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 3 - Revocation and Revival › Section 6123.

6123. (a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under Section 6120 or 6121, the first will is revoked in whole or in part unless it is evident from the circumstances of the revocation of the second will or from the testator’s contemporary or subsequent declarations that the testator intended the first will to take effect as executed.
(b) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 3 - Revocation and Revival › Section 6124.

6124. If the testator’s will was last in the testator’s possession, the testator was competent until death, and neither the will nor a duplicate original of the will can be found after the testator’s death, it is presumed that the testator destroyed the will with intent to revoke it. This presumption is a presumption affecting the burden of producing evidence.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 4 - Reference to Matters Outside the Will › Section 6130.

6130. A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 4 - Reference to Matters Outside the Will › Section 6131.

6131. A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether the acts and events occur before or after the execution of the will or before or after the testator’s death. The execution or revocation of a will of another person is such an event.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 1 - Definitions and Rules of Construction › Section 6200.

6200. Unless the provision or context clearly requires otherwise, these definitions and rules of construction govern the construction of this chapter.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 1 - Definitions and Rules of Construction › Section 6201.

6201. “Testator” means a person choosing to adopt a California statutory will.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 1 - Definitions and Rules of Construction › Section 6203.

6203. “Executor” means both the person so designated in a California statutory will and any other person acting at any time as the executor or administrator under a California statutory will.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 1 - Definitions and Rules of Construction › Section 6204.

6204. “Trustee” means both the person so designated in a California statutory will and any other person acting at any time as the trustee under a California statutory will.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 1 - Definitions and Rules of Construction › Section 6205.

6205. “Descendants” mean children, grandchildren, and their lineal descendants of all generations, with the relationship of parent and child at each generation being determined as provided in Section 21115. A reference to “descendants” in the plural includes a single descendant where the context so requires.
(Amended by Stats. 2002, Ch. 138, Sec. 7. Effective January 1, 2003.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 1 - Definitions and Rules of Construction › Section 6206.

6206. A reference in a California statutory will to the “Uniform Gifts to Minors Act of any state” or the “Uniform Transfers to Minors Act of any state” includes both the Uniform Gifts to Minors Act of any state and the Uniform Transfers to Minors Act of any state. A reference to a “custodian” means the person so designated in a California statutory will or any other person acting at any time as a custodian under a Uniform Gifts to Minors Act or Uniform Transfers to Minors Act.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 1 - Definitions and Rules of Construction › Section 6207.

6207. Masculine pronouns include the feminine, and plural and singular words include each other, where appropriate.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 1 - Definitions and Rules of Construction › Section 6208.

6208. (a) If a California statutory will states that a person shall perform an act, the person is required to perform that act.
(b) If a California statutory will states that a person may do an act, the person’s decision to do or not to do the act shall be made in the exercise of the person’s fiduciary powers.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 1 - Definitions and Rules of Construction › Section 6209.

6209. Whenever a distribution under a California statutory will is to be made to a person’s descendants, the property shall be divided into as many equal shares as there are then living descendants of the nearest degree of living descendants and deceased descendants of that same degree who leave descendants then living; and each living descendant of the nearest degree shall receive one share and the share of each deceased descendant of that same degree shall be divided among his or her descendants in the same manner.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 1 - Definitions and Rules of Construction › Section 6210.

6210. “Person” includes individuals and institutions.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 1 - Definitions and Rules of Construction › Section 6211.

6211. Reference to a person “if living” or who “survives me” means a person who survives the decedent by 120 hours. A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of a California statutory will, and the beneficiaries are determined accordingly. If it cannot be established by clear and convincing evidence that a person who would otherwise be a beneficiary has survived the decedent by 120 hours, it is deemed that the person failed to survive for the required period. The requirement of this section that a person who survives the decedent must survive the decedent by 120 hours does not apply if the application of the 120-hour survival requirement would result in the escheat of property to the state.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 2 - General Provisions › Section 6220.

6220. Any individual of sound mind and over the age of 18 may execute a California statutory will under the provisions of this chapter.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 2 - General Provisions › Section 6221.

6221. A California statutory will shall be executed only as follows:
(a) The testator shall complete the appropriate blanks and shall sign the will.
(b) Each witness shall observe the testator’s signing and each witness shall sign his or her name in the presence of the testator.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 2 - General Provisions › Section 6222.

6222. The execution of the attestation clause provided in the California statutory will by two or more witnesses satisfies Section 8220.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 2 - General Provisions › Section 6223.

6223. (a) There is only one California statutory will.
(b) The California statutory will includes all of the following:
(1) The contents of the California statutory will form set out in Section 6240, excluding the questions and answers at the beginning of the California statutory will.
(2) By reference, the full texts of each of the following:
(A) The definitions and rules of construction set forth in Article 1 (commencing with Section 6200).
(B) The property disposition clauses adopted by the testator. If no property disposition clause is adopted, Section 6224 shall apply.
(C) The mandatory clauses set forth in Section 6241.
(c) Notwithstanding this section, any California statutory will or California statutory will with trust executed on a form allowed under prior law shall be governed by the law that applied prior to January 1, 1992.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 2 - General Provisions › Section 6224.

6224. If more than one property disposition clause appearing in paragraphs 2 or 3 of a California statutory will is selected, no gift is made. If more than one property disposition clause in paragraph 5 of a California statutory will form is selected, or if none is selected, the residuary estate of a testator who signs a California statutory will shall be distributed to the testator’s heirs as if the testator did not make a will.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 2 - General Provisions › Section 6225.

6225. Only the texts of property disposition clauses and the mandatory clauses shall be considered in determining their meaning. Their titles shall be disregarded.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 2 - General Provisions › Section 6226.

6226. (a) A California statutory will may be revoked and may be amended by codicil in the same manner as other wills.
(b) Any additions to or deletions from the California statutory will on the face of the California statutory will form, other than in accordance with the instructions, shall be given effect only where clear and convincing evidence shows that they would effectuate the clear intent of the testator. In the absence of such a showing, the court either may determine that the addition or deletion is ineffective and shall be disregarded, or may determine that all or a portion of the California statutory will is invalid, whichever is more likely to be consistent with the intent of the testator.
(c) Notwithstanding Section 6110, a document executed on a California statutory will form is valid as a will if all of the following requirements are shown to be satisfied by clear and convincing evidence:
(1) The form is signed by the testator.
(2) The court is satisfied that the testator knew and approved of the contents of the will and intended it to have testamentary effect.
(3) The testamentary intent of the maker as reflected in the document is clear.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 2 - General Provisions › Section 6227.

6227. (a) If after executing a California statutory will the testator’s marriage is dissolved or annulled, or the testator’s registered domestic partnership is terminated, the dissolution, annulment, or termination revokes any disposition of property made by the will to the former spouse and any nomination of the former spouse as executor, trustee, guardian, or custodian made by the will. If any disposition or nomination is revoked solely by this section, it is revived by the testator’s remarriage to, or entry into a subsequent registered domestic partnership with, the former spouse.
(b) In case of revocation by dissolution or annulment:
(1) Property prevented from passing to a former spouse because of the revocation passes as if the former spouse failed to survive the testator.
(2) Provisions nominating the former spouse as executor, trustee, guardian, or custodian shall be interpreted as if the former spouse failed to survive the testator.
(c) For purposes of this section, dissolution or annulment means any dissolution or annulment that would exclude the spouse as a surviving spouse within the meaning of Section 78. A decree of legal separation which does not terminate the status of spouses is not a dissolution or annulment for purposes of this section.
(d) This section applies to any California statutory will, without regard to the time when the will was executed, but this section does not apply to any case where the final judgment of dissolution or annulment of marriage occurs before January 1, 1985; and, if the final judgment of dissolution or annulment of marriage occurs before January 1, 1985, the case is governed by the law that applied prior to January 1, 1985.
(Amended by Stats. 2016, Ch. 50, Sec. 87. (SB 1005) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 3 - Form and Full Text of Clauses › Section 6241.

6241. The mandatory clauses of the California statutory will form are as follows:
(a) Intestate Disposition. If the testator has not made an effective disposition of the residuary estate, the executor shall distribute it to the testator’s heirs at law, their identities and respective shares to be determined according to the laws of the State of California in effect on the date of the testator’s death relating to intestate succession of property not acquired from a predeceased spouse.
(b) Powers of Executor.
(1) In addition to any powers now or hereafter conferred upon executors by law, including all powers granted under the Independent Administration of Estates Act, the executor shall have the power to:
(A) Sell estate assets at public or private sale, for cash or on credit terms.
(B) Lease estate assets without restriction as to duration.
(C) Invest any surplus moneys of the estate in real or personal property, as the executor deems advisable.
(2) The executor may distribute estate assets otherwise distributable to a minor beneficiary to one of the following:
(A) The guardian of the minor’s person or estate.
(B) Any adult person with whom the minor resides and who has the care, custody, or control of the minor.
(C) A custodian of the minor under the Uniform Transfers to Minors Act as designated in the California statutory will form.
The executor is free of liability and is discharged from any further accountability for distributing assets in compliance with the provisions of this paragraph.
(3) On any distribution of assets from the estate, the executor shall have the discretion to partition, allot, and distribute the assets in the following manner:
(A) In kind, including undivided interest in an asset or in any part of it.
(B) Partly in cash and partly in kind.
(C) Entirely in cash.
If a distribution is being made to more than one beneficiary, the executor shall have the discretion to distribute assets among them on a pro rata or non pro rata basis, with the assets valued as of the date of distribution.
(c) Powers of Guardian. A guardian of the person nominated in the California statutory will shall have the same authority with respect to the person of the ward as a parent having legal custody of a child would have. All powers granted to guardians in this paragraph may be exercised without court authorization.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 3 - Form and Full Text of Clauses › Section 6242.

6242. (a) Except as specifically provided in this chapter, a California statutory will shall include only the texts of the property disposition clauses and the mandatory clauses as they exist on the day the California statutory will is executed.
(b) Sections 6205, 6206, and 6227 apply to every California statutory will, including those executed before January 1, 1985. Section 6211 applies only to California statutory wills executed after July 1, 1991.
(c) Notwithstanding Section 6222, and except as provided in subdivision (b), a California statutory will is governed by the law that applied prior to January 1, 1992, if the California statutory will is executed on a form that (1) was prepared for use under former Sections 56 to 56.14, inclusive, or former Sections 6200 to 6248, inclusive, of the Probate Code, and (2) satisfied the requirements of law that applied prior to January 1, 1992.
(d) A California statutory will does not fail to satisfy the requirements of subdivision (a) merely because the will is executed on a form that incorporates the mandatory clauses of Section 6241 that refer to former Section 1120.2. If the will incorporates the mandatory clauses with a reference to former Section 1120.2, the trustee has the powers listed in Article 2 (commencing with Section 16220) of Chapter 2 of Part 4 of Division 9.
(Amended by Stats. 2004, Ch. 183, Sec. 279. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 6 - California Statutory Will › ARTICLE 3 - Form and Full Text of Clauses › Section 6243.

6243. Except as specifically provided in this chapter, the general law of California applies to a California statutory will.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 7 - Uniform Testamentary Additions to Trusts Act › Section 6300.

6300. (a) A devise, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established by the testator, by the testator and some other person, or by some other person (including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testator’s will and its terms are set forth in a written instrument (other than a will) executed before, concurrently with, or within 60 days after the execution of the testator’s will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the trust property). The devise is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.
(b) Unless the testator’s will provides otherwise, the property so devised (1) is not deemed to be held under a testamentary trust of the testator but becomes a part of the trust to which it is given and (2) shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator (regardless of whether made before or after the execution of the testator’s will).
(c) Unless otherwise provided in the will, a revocation or termination of the trust before the death of the testator causes the devise to lapse.
(Amended by Stats. 2017, Ch. 33, Sec. 1. (AB 309) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 7 - Uniform Testamentary Additions to Trusts Act › Section 6301.

6301. This chapter does not invalidate any devise made by a will executed prior to September 17, 1965.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 7 - Uniform Testamentary Additions to Trusts Act › Section 6303.

6303. This chapter may be cited as the Uniform Testamentary Additions to Trusts Act.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 8 - Nonprobate Transfer to Trustee Named in Decedent s Will › Section 6320.

6320. As used in this chapter, unless the context otherwise requires:
(a)“Designation” means a designation made pursuant to Section 6321.
(b) “Instrument” includes all of the following:
(1)An insurance, annuity, or endowment contract (including any agreement issued or entered into by the insurer in connection therewith, supplemental thereto, or in settlement thereof).
(2)A pension, retirement benefit, death benefit, stock bonus, profit-sharing or employees’ saving plan, employee benefit plan, or contract created or entered into by an employer for the benefit of some or all of his or her employees.
(3)A self-employed retirement plan, or an individual retirement annuity or account, established or held pursuant to the Internal Revenue Code.
(4) A multiple-party account, as defined in Section 5132.
(5) Any other written instrument of a type described in Section 5000.
(Amended by Stats. 1992, Ch. 178, Sec. 31.4. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 8 - Nonprobate Transfer to Trustee Named in Decedent s Will › Section 6321.

6321. An instrument may designate as a primary or contingent beneficiary, payee, or owner a trustee named or to be named in the will of the person entitled to designate the beneficiary, payee, or owner. The designation shall be made in accordance with the provisions of the contract or plan or, in the absence of such provisions, in a manner approved by the insurer if an insurance, annuity, or endowment contract is involved, and by the trustee, custodian, or person or entity administering the contract or plan, if any. The designation may be made before or after the execution of the designator’s will and is not required to comply with the formalities for execution of a will.
(Amended by Stats. 1992, Ch. 178, Sec. 31.6. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 8 - Nonprobate Transfer to Trustee Named in Decedent s Will › Section 6322.

6322. The designation is ineffective unless the designator’s will contains provisions creating the trust or makes a disposition valid under Section 6300.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 8 - Nonprobate Transfer to Trustee Named in Decedent s Will › Section 6323.

6323. Subject to the provisions of Section 6325, the benefits or rights resulting from the designation are payable or transferable directly to the trustee, without becoming subject to administration, upon or at any time after admission of the designator’s will to probate. A designation pursuant to this chapter does not have the effect of naming a trustee of a separate inter vivos trust but the rights and benefits or the proceeds thereof when paid to the trustee are, or become a part of, the testamentary trust or trusts established pursuant to the designator’s will or shall be added to an inter vivos trust or trusts if the disposition is governed by Section 6300.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 8 - Nonprobate Transfer to Trustee Named in Decedent s Will › Section 6324.

6324. Except as otherwise provided in the designator’s will, the rights and benefits and their proceeds paid or transferred to the trustee are not subject to the debts of the designator to any greater extent than if they were paid or transferred to a named beneficiary, payee, or owner other than the estate of the designator.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 8 - Nonprobate Transfer to Trustee Named in Decedent s Will › Section 6325.

6325. (a) The court in which the proceedings are pending for administration of the estate of the decedent has jurisdiction, before or after payment or transfer of benefits and rights or their proceeds to the trustee, to:
(1) Determine the validity of the trust.
(2) Determine the terms of the trust.
(3) Fill vacancies in the office of trustee.
(4) Require a bond of a trustee in its discretion and in such amount as the court may determine for the faithful performance of duties as trustee, subject to the provisions of Article 3 (commencing with Section 1570) of Chapter 16 of Division 1.1 of the Financial Code and Section 15602 of this code.
(5) Grant additional powers to the trustee, as provided in Section 16201.
(6) Instruct the trustee.
(7) Fix or allow payment of compensation of a trustee as provided in Sections 15680 to 15683, inclusive.
(8) Hear and determine adverse claims to the trust property by the personal representative, surviving spouse, or other third person.
(9) Determine the identity of the trustee and the trustee’s acceptance or rejection of the office and, upon request, furnish evidence of trusteeship to a trustee.
(10) Order postponement of the payment or transfer of the benefits and rights or their proceeds.
(11) Authorize or direct removal of the trust or trust property to another jurisdiction pursuant to the procedure provided in Chapter 5 (commencing with Section 17400) of Part 5 of Division 9.
(12) Make any order incident to the foregoing or to the accomplishment of the purposes of this chapter.
(b) The personal representative of the designator’s estate, any trustee named in the will or designation or successor to such trustee, or any person interested in the estate or trust may petition the court for an order under this section. Notice of hearing of the petition shall be given in the manner provided in Section 17203, except as the court may otherwise order.
(Amended by Stats. 2014, Ch. 71, Sec. 138. (SB 1304) Effective January 1, 2015.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 8 - Nonprobate Transfer to Trustee Named in Decedent s Will › Section 6326.

6326. As to matters not specifically provided in Section 6325, the provisions of Division 9 (commencing with Section 15000) apply to the trust.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 8 - Nonprobate Transfer to Trustee Named in Decedent s Will › Section 6327.

6327. An appeal may be taken from any of the following:
(a) Any order described in Part 3 (commencing with Section 1300) of Division 3 made pursuant to this chapter.
(b) An order making or refusing to make a determination specified in paragraph (1), (2), or (8) of subdivision (a) of Section 6325.
(c) As provided in Section 1304 for an order made pursuant to Section 6326.
(Amended by Stats. 2003, Ch. 32, Sec. 6. Effective January 1, 2004.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 8 - Nonprobate Transfer to Trustee Named in Decedent s Will › Section 6328.

6328. If no qualified trustee makes claim to the benefits or rights or proceeds within one year after the death of the designator, or if satisfactory evidence is furnished within such one-year period showing that no trustee can qualify to receive them, payment or transfer may be made, unless the designator has otherwise provided, by the obligor to the personal representative of the designator or to those thereafter entitled, and the obligor is discharged from liability.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 8 - Nonprobate Transfer to Trustee Named in Decedent s Will › Section 6329.

6329. Enactment of this chapter does not invalidate trusts, otherwise valid, not made pursuant to the provisions of this chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 8 - Nonprobate Transfer to Trustee Named in Decedent s Will › Section 6330.

6330. This chapter, insofar as it is substantially the same as former Chapter 10 (commencing with Section 175) of former Division 1, repealed by Section 18 of Chapter 842 of the Statutes of 1983, shall be construed as a restatement and continuation thereof and not as a new enactment. After December 31, 1984, a reference in a written instrument to the previously existing provisions relating to the subject matter of this chapter shall be deemed to be a reference to the corresponding provisions of this chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 9 - Devise Subject to California Uniform Transfers to Minors Act › Section 6341.

6341. If a testator’s will provides that devised property shall be paid or delivered or transferred to a custodian subject to the California Uniform Gifts to Minors Act or the California Uniform Transfers to Minors Act:
(a) All of the provisions of the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900) of Division 4, including, but not limited to, the definitions and the provisions concerning powers, rights, and immunities contained in that act, are applicable to the devise during the period prior to distribution of the property.
(b) Unless the will clearly requires otherwise, if the person named as the beneficiary for whose benefit the custodial property is to be held attains the age at which the custodianship was to terminate prior to the order of distribution, the devise shall be deemed to be a direct devise to the person named as the beneficiary for whose benefit the custodial property was to be held.
(c) The personal representative of the testator’s estate, upon entry of an order for distribution, shall make distribution pursuant to the order for distribution by transferring the devised property in the form and manner provided by the California Uniform Transfers to Minors Act.
(d) If a vacancy in the custodianship exists prior to full distribution of the devised property by the personal representative, a successor custodian shall be appointed for any undistributed property in the manner provided by the California Uniform Transfers to Minors Act.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 9 - Devise Subject to California Uniform Transfers to Minors Act › Section 6345.

6345. The will may provide for successor or substitute custodians and may specify the standard of compensation of the custodian.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 9 - Devise Subject to California Uniform Transfers to Minors Act › Section 6347.

6347. (a) Except as otherwise provided in the will or ordered by a court, each custodian designated in the will and the person for whom the property is to be held shall be deemed a devisee for the purpose of receiving notices which may be required or permitted to be sent to a devisee in the estate of the testator.
(b) Unless required by the will or ordered by the court, a custodian does not have a duty to participate in the proceedings in the estate on behalf of the minor, and in no event does the custodian have a duty to so participate until the custodian has filed a written notice of acceptance of the office of custodian with the clerk of the court in which administration of the estate of the testator is pending.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 9 - Devise Subject to California Uniform Transfers to Minors Act › Section 6348.

6348. Until distribution of the property pursuant to an order for distribution is completed, the court in which administration of the estate of the testator is pending has exclusive jurisdiction over all proceedings and matters concerning undistributed property, including, but not limited to, the appointment, declination, resignation, removal, bonding, and compensation of, and the delivery or transfer of the undistributed property to, a custodian. After distribution of any property is completed, the court has no further jurisdiction over the distributed property and the property shall be held subject to the California Uniform Transfers to Minors Act.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 9 - Devise Subject to California Uniform Transfers to Minors Act › Section 6349.

6349. (a) This chapter shall not be construed as providing an exclusive method for making devises to or for the benefit of minors.
(b) Nothing in this chapter limits any provision of the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900) of Division 4.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 11 - Uniform International Wills Act › Section 6380.

6380. In this chapter:
(a) “International will” means a will executed in conformity with Sections 6381 to 6384, inclusive.
(b) “Authorized person” and “person authorized to act in connection with international wills” means a person who by Section 6388, or by the laws of the United States including members of the diplomatic and consular service of the United States designated by Foreign Service Regulations, is empowered to supervise the execution of international wills.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 11 - Uniform International Wills Act › Section 6381.

6381. (a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of this chapter.
(b) The invalidity of the will as an international will does not affect its formal validity as a will of another kind.
(c) This chapter does not apply to the form of testamentary dispositions made by two or more persons in one instrument.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 11 - Uniform International Wills Act › Section 6382.

6382. (a) The will shall be made in writing. It need not be written by the testator himself or herself. It may be written in any language, by hand or by any other means.
(b) The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the testator’s will and that the testator knows the contents thereof. The testator need not inform the witnesses, or the authorized person, of the contents of the will.
(c) In the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge his or her signature.
(d) If the testator is unable to sign, the absence of the testator’s signature does not affect the validity of the international will if the testator indicates the reason for his or her inability to sign and the authorized person makes note thereof on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator’s name for the testator if the authorized person makes note of this also on the will, but it is not required that any person sign the testator’s name for the testator.
(e) The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 11 - Uniform International Wills Act › Section 6383.

6383. (a) The signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet shall be signed by the testator or, if the testator is unable to sign, by the person signing on his or her behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered.
(b) The date of the will shall be the date of its signature by the authorized person. That date shall be noted at the end of the will by the authorized person.
(c) The authorized person shall ask the testator whether the testator wishes to make a declaration concerning the safekeeping of the will. If so and at the express request of the testator, the place where the testator intends to have the will kept shall be mentioned in the certificate provided for in Section 6384.
(d) A will executed in compliance with Section 6382 is not invalid merely because it does not comply with this section.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 11 - Uniform International Wills Act › Section 6384.

6384. The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this chapter for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate shall be substantially in the following form:
CERTIFICATE
(Convention of October 26, 1973)
1.I, _____ (name, address, and capacity) _____ ,
a person authorized to act in connection with international wills,
2.certify that on _____ (date) _____ at _____ (place) _____
3. _____ (testator) (name, address, date and place of birth) _____
in my presence and that of the witnesses
4.(a) _____ (name, address, date and place of birth) _____
(b) _____ (name, address, date and place of birth) _____
has declared that the attached document is his will and that he knows the
contents thereof.
5.I furthermore certify that:
6.(a)in my presence and in that of the witnesses
(1)the testator has signed the will or has acknowledged his signature
previously affixed.
(2)following a declaration of the testator stating that he was unable
to sign his will for the following reason ________________, I
have mentioned this declaration on the will,*
and the signature has been affixed by
_____ (name and address)* _____
7.(b)the witnesses and I have signed the will;
8.(c)each page of the will has been signed by
_________________ and numbered;*
9.(d)I have satisfied myself as to the identity of the testator and of the
witnesses as designated above;
10.(e)the witnesses met the conditions requisite to act as such according
to the law under which I am acting;
11.  (f)  the testator has requested me to include the following statement
concerning the safekeeping of his will:*
12.
PLACE OF EXECUTION
13.
DATE
14.
SIGNATURE and, if
necessary, SEAL
__________
*to be completed if appropriate
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 11 - Uniform International Wills Act › Section 6385.

6385. In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this chapter. The absence or irregularity of a certificate does not affect the formal validity of a will under this chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 11 - Uniform International Wills Act › Section 6387.

6387. Sections 6380 to 6386, inclusive, derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this chapter, regard shall be had to its international origin and to the need for uniformity in its interpretation.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 11 - Uniform International Wills Act › Section 6388.

6388. Individuals who have been admitted to practice law before the courts of this state and who are in good standing as active law practitioners of this state are authorized persons in relation to international wills.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 11 - Uniform International Wills Act › Section 6389.

6389. The Secretary of State shall establish a registry system by which authorized persons may register in a central information center information regarding the execution of international wills, keeping that information in strictest confidence until the death of the maker and then making it available to any person desiring information about any will who presents a death certificate or other satisfactory evidence of the testator’s death to the center. Information that may be received, preserved in confidence until death, and reported as indicated is limited to the name, social security or other individual identifying number established by law, if any, address, date and place of birth of the testator, and the intended place of deposit or safekeeping of the instrument pending the death of the maker. The Secretary of State, at the request of the authorized person, may cause the information it receives about execution of any international will to be transmitted to the registry system of another jurisdiction as identified by the testator, if that other system adheres to rules protecting the confidentiality of the information similar to those established in this state.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 11 - Uniform International Wills Act › Section 6390.

6390. After December 31, 1984, a reference in a written instrument, including a will, to the former law (repealed by Chapter 892 of the Statutes of 1984) shall be deemed to be a reference to the corresponding provision of this chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 1 - Intestate Succession Generally › Section 6400.

6400. Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 2 - INTESTATE SUCCESSION › CHAPTER 1 - Intestate Succession Generally › Section 6401.

6401. (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100.
(b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101.
(c) As to separate property, the intestate share of the surviving spouse is as follows:
(1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister.
(2) One-half of the intestate estate in the following cases:
(A) Where the decedent leaves only one child or the issue of one deceased child.
(B) Where the decedent leaves no issue, but leaves a parent or parents or their issue or the issue of either of them.
(3) One-third of the intestate estate in the following cases:
(A) Where the decedent leaves more than one child.
(B) Where the decedent leaves one child and the issue of one or more deceased children.
(C) Where the decedent leaves issue of two or more deceased children.
(Amended by Stats. 2014, Ch. 913, Sec. 32. (AB 2747) Effective January 1, 2015.)