reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 12 - MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE › CHAPTER 2 - Ballistics Identification System › Section 34350.

34350. (a) The Attorney General shall conduct a study to evaluate ballistics identification systems to determine the feasibility and potential benefits to law enforcement of utilizing a statewide ballistics identification system capable of maintaining a database of ballistic images and information from test fired and sold firearms. The study shall include an evaluation of ballistics identification systems currently used by state and federal law enforcement agencies and the firearms industry. The Attorney General shall consult with law enforcement agencies, firearms industry representatives, private technology providers, and other appropriate parties in conducting the study.
(b) In evaluating ballistics identification systems to determine the feasibility of utilizing a statewide system as required pursuant to subdivision (a), the Attorney General shall consider, at a minimum, the following:
(1) The development of methods by which firearm manufacturers, importers, and dealers may potentially capture ballistic images from firearms prior to sale in California and forward that information to the Attorney General.
(2) The development of methods by which the Attorney General will receive, store, and make available to law enforcement ballistic images submitted by firearm manufacturers, importers, and dealers prior to sale in California.
(3) The potential financial costs to the Attorney General of implementing and operating a statewide ballistics identification system, including the process for receipt of information from firearm manufacturers, importers, and dealers.
(4) The capability of a ballistics identification system maintaining a database of ballistic images and information from test fired firearms for all firearms sold in California.
(5) The compatibility of a ballistics identification system with ballistics identification systems that are currently used by law enforcement agencies in California.
(6) A method to ensure that state and local law enforcement agencies can forward ballistic identification information to the Attorney General for inclusion in a statewide ballistics identification system.
(7) The feasibility and potential benefits to law enforcement of requiring firearm manufacturers, importers, and dealers to provide the Attorney General with ballistic images from any, or a selected number of, test fired firearms prior to the sale of those firearms in California.
(c) The Attorney General shall submit a report to the Legislature with the results of the study not later than June 1, 2001. In the event the report includes a determination that a ballistics identification system and database is feasible and would benefit law enforcement, the report shall also recommend a strategy for implementation.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 12 - MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE › CHAPTER 2 - Ballistics Identification System › Section 34355.

34355. (a) Section 34350 does not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a handgun, and commencing January 1, 2014, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(Amended by Stats. 2011, Ch. 745, Sec. 76. (AB 809) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 12 - MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE › CHAPTER 2 - Ballistics Identification System › Section 34360.

34360. Section 34350 does not apply to the loan of a firearm if all of the following conditions are satisfied:
(a) The loan is made by an authorized law enforcement representative of a city, county, or city and county, or of the state or federal government.
(b) The loan is made to a peace officer employed by that agency and authorized to carry a firearm.
(c) The loan is made for the carrying and use of that firearm by that peace officer in the course and scope of the officer’s duties.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 12 - MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE › CHAPTER 2 - Ballistics Identification System › Section 34365.

34365. (a) Section 34350 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(Amended by Stats. 2011, Ch. 745, Sec. 77. (AB 809) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 12 - MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE › CHAPTER 2 - Ballistics Identification System › Section 34370.

34370. (a) Section 34350 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(Amended by Stats. 2011, Ch. 745, Sec. 78. (AB 809) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 12 - MISCELLANEOUS DUTIES OF THE DEPARTMENT OF JUSTICE › CHAPTER 3 - Firearm and Ammunition Excise Tax Certificates of Registration › Section 34400.

34400. (a) The department may revoke any ammunition vendor license or remove any firearms dealer or firearms manufacturer from any centralized list maintained by the department pursuant to Sections 26715, 28450, and 29060, upon notification from the California Department of Tax and Fee Administration that either of the following events has occurred:
(1) After providing notice and the opportunity for a hearing, the California Department of Tax and Fee Administration has revoked the licensee’s certificate of registration, pursuant to Section 36037 of the Revenue and Taxation Code, for violating any of the provisions of Part 16 (commencing with Section 36001) of Division 2 of the Revenue and Taxation Code.
(2) After providing notice and the opportunity for a hearing, the California Department of Tax and Fee Administration has revoked or suspended the licensee’s seller’s permit, pursuant to Section 6070 of the Revenue and Taxation Code, for violating any of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code.
(b) The Department of Justice may reinstate an ammunition vendor license that has been revoked pursuant to subdivision (a), or reinstate on any centralized list maintained by the department pursuant to Sections 26715, 28450, and 29060, a firearms dealer or manufacturer that was removed from the centralized list pursuant to subdivision (a) if the California Department of Tax and Fee Administration has reinstated the licensee’s certificate of registration or the seller’s permit, as applicable.
(c) The Department of Justice’s authority under this section to revoke or reinstate an ammunition vendor license, or to remove or reinstate a firearms dealer or firearms manufacturer from a centralized list shall be in addition to the Department of Justice’s authority to revoke or reinstate an ammunition vendor license or to remove or reinstate a firearms dealer or firearms manufacturer from a centralized list under any other statute or authority.
(d) The Department of Justice may prescribe, adopt, and enforce rules and regulations, including emergency regulations as necessary, relating to the administration and enforcement of this section.
(Added by Stats. 2023, Ch. 231, Sec. 6. (AB 28) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 2.

2. (a) A provision of this code, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be construed as a restatement and continuation thereof and not as a new enactment.
(b) A provision of this code, insofar as it is the same in substance as a provision of a uniform act, shall be so construed as to effectuate the general purpose to make uniform the law in those states which enact that provision.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 5.

5. If a notice or other communication is required by this code to be mailed by registered mail, the mailing of the notice or other communication by certified mail is deemed to be sufficient compliance with the requirement.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 8.

8. Unless otherwise expressly stated:
(a) “Division” means a division of this code.
(b) “Part” means a part of the division in which that term occurs.
(c) “Chapter” means a chapter of the division or part, as the case may be, in which that term occurs.
(d) “Article” means an article of the chapter in which that term occurs.
(e) “Section” means a section of this code.
(f) “Subdivision” means a subdivision of the section in which that term occurs.
(g) “Paragraph” means a paragraph of the subdivision in which that term occurs.
(h) “Subparagraph” means a subparagraph of the paragraph in which that term occurs.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 11.

11. If any provision or clause of this code or application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 13.

13. (a) The degree of kinship or consanguinity between two persons is determined by counting the number of generations separating those persons, pursuant to subdivision (b) or (c). Each generation is called a degree.
(b) Lineal kinship or consanguinity is the relationship between two persons, one of whom is a direct descendant of the other. The degree of kinship between those persons is determined by counting the generations separating the first person from the second person. In counting the generations, the first person is excluded and the second person is included. For example, parent and child are related in the first degree of lineal kinship or consanguinity, grandchild and grandparent are related in the second degree, and great-grandchild and great-grandparent are related in the third degree.
(c) Collateral kinship or consanguinity is the relationship between two people who spring from a common ancestor, but neither person is the direct descendent of the other. The degree of kinship is determined by counting the generations from the first person up to the common ancestor and from the common ancestor down to the second person. In counting the generations, the first person is excluded, the second person is included, and the common ancestor is counted only once. For example, siblings are related in the second degree of collateral kinship or consanguinity, an aunt or uncle and a niece or nephew are related in the third degree, and first cousins are related in the fourth degree.
(Added by Stats. 2009, Ch. 348, Sec. 4. (SB 308) Effective January 1, 2010.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 20.

20. Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code.
(Amended by Stats. 1991, Ch. 82, Sec. 1. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 21.

21. “Account,” when used to mean a contract of deposit of funds between a depositor and a financial institution, includes a checking account, savings account, certificate of deposit, share account, mutual capital certificate, and other like arrangements.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 22.

22. “Account in an insured credit union” means a share account in a credit union, either federally chartered or state licensed, that is insured under Title II of the Federal Credit Union Act (12 U.S.C. Sec. 1781, et seq.).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 23.

23. (a) “Account in an insured savings and loan association” means a savings account or mutual capital certificate of either of the following:
(1) A federal association.
(2) A savings association doing business in this state which is an “insured institution” as defined in Title IV of the National Housing Act (12 U.S.C. Sec. 1724, et seq.).
(b) As used in this section:
(1) “Federal association” has the meaning given that term in subdivision (b) of Section 5102 of the Financial Code.
(2) “Mutual capital certificate” has the meaning given that term in Section 5111 of the Financial Code.
(3) “Savings account” has the meaning given that term in Section 5116 of the Financial Code.
(4) “Savings association” has the meaning given that term in subdivision (a) of Section 5102 of the Financial Code.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 24.

24. “Beneficiary” means a person to whom a donative transfer of property is made or that person’s successor in interest, and:
(a) As it relates to the intestate estate of a decedent, means an heir.
(b) As it relates to the testate estate of a decedent, means a devisee.
(c) As it relates to a trust, means a person who has any present or future interest, vested or contingent.
(d) As it relates to a charitable trust, includes any person entitled to enforce the trust.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 28.

28. “Community property” means:
(a) Community property heretofore or hereafter acquired during marriage by a married person while domiciled in this state.
(b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person while domiciled elsewhere, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time of its acquisition.
(c) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person in exchange for real or personal property, wherever situated, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time the property so exchanged was acquired.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 34.

34. (a) “Devisee” means any person designated in a will to receive a devise.
(b) In the case of a devise to an existing trust or trustee, or to a trustee on trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 37.

37. (a) “Domestic partner” means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2.5 (commencing with Section 297) of the Family Code, provided that the domestic partnership has not been terminated pursuant to Section 299 of the Family Code.
(b) Notwithstanding Section 299 of the Family Code, if a domestic partnership is terminated by the death of one of the parties and Notice of Termination was not filed by either party prior to the date of death of the decedent, the domestic partner who survives the deceased is a surviving domestic partner, and shall be entitled to the rights of a surviving domestic partner as provided in this code.
(Added by Stats. 2001, Ch. 893, Sec. 13. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 39.

39. “Fiduciary” means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code.
(Amended by Stats. 1997, Ch. 724, Sec. 2. Effective January 1, 1998.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 45.

45. “Instrument” means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property.
(Amended by Stats. 2019, Ch. 56, Sec. 1. (SB 308) Effective January 1, 2020.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 46.

46. “Insured account in a financial institution” means an account in a bank, an account in an insured credit union, and an account in an insured savings and loan association, to the extent that the account is insured.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 48.

48. (a) Subject to subdivision (b), “interested person” includes any of the following:
(1) An heir, devisee, child, spouse, creditor, beneficiary, and any other person having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding.
(2) Any person having priority for appointment as personal representative.
(3) A fiduciary representing an interested person.
(b) The meaning of “interested person” as it relates to particular persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, any proceeding.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 52.

52. “Letters”:
(a) As it relates to a personal representative, means letters testamentary, letters of administration, letters of administration with the will annexed, or letters of special administration.
(b) As it relates to a guardian or conservator, means letters of guardianship or conservatorship or temporary guardianship or conservatorship.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 56.

56. “Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity.
(Amended by Stats. 1994, Ch. 1010, Sec. 202. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 58.

58. (a) “Personal representative” means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person’s status.
(b) “General personal representative” excludes a special administrator unless the special administrator has the powers, duties, and obligations of a general personal representative under Section 8545.
(Amended by Stats. 2004, Ch. 888, Sec. 1. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 59.

59. “Predeceased spouse” means a person who died before the decedent while married to the decedent, except that the term does not include any of the following:
(a) A person who obtains or consents to a final decree or judgment of dissolution of marriage from the decedent or a final decree or judgment of annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they (1) subsequently participate in a marriage ceremony purporting to marry each to the other or (2) subsequently live together as spouses.
(b) A person who, following a decree or judgment of dissolution or annulment of marriage obtained by the decedent, participates in a marriage ceremony to a third person.
(c) A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
(Amended by Stats. 2016, Ch. 50, Sec. 76. (SB 1005) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 60.1.

60.1. (a) “Professional fiduciary” means a person who is a professional fiduciary as defined under subdivision (f) of Section 6501 of the Business and Professions Code.
(b) On and after January 1, 2009, no person shall act or hold himself or herself out to the public as a professional fiduciary unless he or she is licensed as a professional fiduciary under Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code.
(Amended by Stats. 2007, Ch. 354, Sec. 70. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 66.

66. “Quasi-community property” means the following property, other than community property as defined in Section 28:
(a) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired by a decedent while domiciled elsewhere that would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time of its acquisition.
(b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired in exchange for real or personal property, wherever situated, that would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time the property so exchanged was acquired.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 69.

69. “Revocable transfer on death deed” or “revocable TOD deed” means a revocable transfer on death deed as described in Section 5614.
(Added by Stats. 2015, Ch. 293, Sec. 3. (AB 139) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 70.

70. “Security” includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 72.

72. “Spouse” includes domestic partner, as defined in Section 37 of this code, as required by Section 297.5 of the Family Code.
(Added by Stats. 2016, Ch. 50, Sec. 77. (SB 1005) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 78.

78. “Surviving spouse” does not include any of the following:
(a) A person whose marriage to, or registered domestic partnership with, the decedent has been dissolved or annulled, unless, by virtue of a subsequent marriage or registered domestic partnership, the person is married to, or in a registered domestic partnership with, the decedent at the time of death.
(b) A person who obtains or consents to a final decree or judgment of dissolution of marriage or termination of registered domestic partnership from the decedent or a final decree or judgment of annulment of their marriage or termination of registered domestic partnership, which decree or judgment is not recognized as valid in this state, unless they (1) subsequently participate in a marriage ceremony purporting to marry each to the other or (2) subsequently live together as spouses.
(c) A person who, following a decree or judgment of dissolution or annulment of marriage or registered domestic partnership obtained by the decedent, participates in a marriage ceremony with a third person.
(d) A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital or registered domestic partnership property rights.
(Amended by Stats. 2016, Ch. 50, Sec. 78. (SB 1005) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 80.

80. “Totten trust account” means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account. In a Totten trust account, it is not essential that payment to the beneficiary be mentioned in the deposit agreement. A Totten trust account does not include (1) a regular trust account under a testamentary trust or a trust agreement which has significance apart from the account or (2) a fiduciary account arising from a fiduciary relation such as attorney-client.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 81.5.

81.5. “Transferee” means the beneficiary, donee, or other recipient of an interest transferred by an instrument.
(Added by Stats. 1994, Ch. 806, Sec. 2. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 82.

82. (a) “Trust” includes the following:
(1) An express trust, private or charitable, with additions thereto, wherever and however created.
(2) A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust.
(b) “Trust” excludes the following:
(1) Constructive trusts, other than those described in paragraph (2) of subdivision (a), and resulting trusts.
(2) Guardianships and conservatorships.
(3) Personal representatives.
(4) Totten trust accounts.
(5) Custodial arrangements pursuant to the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of any state.
(6) Business trusts that are taxed as partnerships or corporations.
(7) Investment trusts subject to regulation under the laws of this state or any other jurisdiction.
(8) Common trust funds.
(9) Voting trusts.
(10) Security arrangements.
(11) Transfers in trust for purpose of suit or enforcement of a claim or right.
(12) Liquidation trusts.
(13) Trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind.
(14) Any arrangement under which a person is nominee or escrowee for another.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 86.

86. “Undue influence” has the same meaning as defined in Section 15610.70 of the Welfare and Institutions Code. It is the intent of the Legislature that this section supplement the common law meaning of undue influence without superseding or interfering with the operation of that law.
(Added by Stats. 2013, Ch. 668, Sec. 1. (AB 140) Effective January 1, 2014.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 1 - EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY › Section 100.

100. (a) Upon the death of a person who is married or in a registered domestic partnership, one-half of the community property belongs to the surviving spouse and the other one-half belongs to the decedent.
(b) Notwithstanding subdivision (a), spouses may agree in writing to divide their community property on the basis of a non pro rata division of the aggregate value of the community property or on the basis of a division of each individual item or asset of community property, or partly on each basis. Nothing in this subdivision shall be construed to require this written agreement in order to permit or recognize a non pro rata division of community property.
(Amended by Stats. 2016, Ch. 50, Sec. 79. (SB 1005) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 1 - EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY › Section 101.

101. (a) Upon the death of a person who is married or in a registered domestic partnership, and is domiciled in this state, one-half of the decedent’s quasi-community property belongs to the surviving spouse and the other one-half belongs to the decedent.
(b) Notwithstanding subdivision (a), spouses may agree in writing to divide their quasi-community property on the basis of a non pro rata division of the aggregate value of the quasi-community property, or on the basis of a division of each individual item or asset of quasi-community property, or partly on each basis. Nothing in this subdivision shall be construed to require this written agreement in order to permit or recognize a non pro rata division of quasi-community property.
(Amended by Stats. 2016, Ch. 50, Sec. 80. (SB 1005) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 1 - EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY › Section 102.

102. (a) The decedent’s surviving spouse may require the transferee of property in which the surviving spouse had an expectancy under Section 101 at the time of the transfer to restore to the decedent’s estate one-half of the property if the transferee retains the property or, if not, one-half of its proceeds or, if none, one-half of its value at the time of transfer, if all of the following requirements are satisfied:
(1) The decedent died domiciled in this state.
(2) The decedent made a transfer of the property to a person other than the surviving spouse without receiving in exchange a consideration of substantial value and without the written consent or joinder of the surviving spouse.
(3) The transfer is any of the following types:
(A) A transfer under which the decedent retained at the time of death the possession or enjoyment of, or the right to income from, the property.
(B) A transfer to the extent that the decedent retained at the time of death a power, either alone or in conjunction with any other person, to revoke or to consume, invade, or dispose of the principal for the decedent’s own benefit.
(C) A transfer whereby property is held at the time of the decedent’s death by the decedent and another with right of survivorship.
(b) Nothing in this section requires a transferee to restore to the decedent’s estate any life insurance, accident insurance, joint annuity, or pension payable to a person other than the surviving spouse.
(c) All property restored to the decedent’s estate under this section belongs to the surviving spouse pursuant to Section 101 as though the transfer had not been made.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 1 - EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY › Section 103.

103. Except as provided by Section 224, if spouses die leaving community or quasi-community property and it cannot be established by clear and convincing evidence that one spouse survived the other:
(a) One-half of the community property and one-half of the quasi-community property shall be administered or distributed, or otherwise dealt with, as if one spouse had survived and as if that one-half belonged to that spouse.
(b) The other one-half of the community property and the other one-half of the quasi-community property shall be administered or distributed, or otherwise dealt with, as if the other spouse had survived and as if that one-half belonged to that spouse.
(Amended by Stats. 2016, Ch. 50, Sec. 81. (SB 1005) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 1 - EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY › Section 104.

104. Notwithstanding Section 100, community property held in a revocable trust described in Section 761 of the Family Code is governed by the provisions, if any, in the trust for disposition in the event of death.
(Amended by Stats. 1992, Ch. 163, Sec. 119. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 1 - EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY › Section 104.5.

104.5. Transfer of community and quasi-community property to a revocable trust shall be presumed to be an agreement, pursuant to Sections 100 and 101, that those assets retain their character in the aggregate for purposes of any division provided by the trust. This section shall apply to all transfers prior to, on, or after January 1, 2000.
(Added by Stats. 1999, Ch. 263, Sec. 1. Effective January 1, 2000.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 1 - EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY › Section 105.

105. This part does not apply where the decedent died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where the decedent died before January 1, 1985.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 2 - SURVIVING SPOUSE'S RIGHT IN CALIFORNIA REAL PROPERTY OF NONDOMICILIARY DECEDENT › Section 120.

120. If a married person dies not domiciled in this state and leaves a valid will disposing of real property in this state which is not the community property of the decedent and the surviving spouse, the surviving spouse has the same right to elect to take a portion of or interest in such property against the will of the decedent as though the property were located in the decedent’s domicile at death.
(Enacted by Stats. 1990, Ch. 79.)
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 140.

140. As used in this chapter, “waiver” means a waiver by the surviving spouse of any of the rights listed in subdivision (a) of Section 141, whether signed before or during marriage.
(Enacted by Stats. 1990, Ch. 79.)
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 141.

141. (a) The right of a surviving spouse to any of the following may be waived in whole or in part by a waiver under this chapter:
(1) Property that would pass from the decedent by intestate succession.
(2) Property that would pass from the decedent by testamentary disposition in a will executed before the waiver.
(3) A probate homestead.
(4) The right to have exempt property set aside.
(5) Family allowance.
(6) The right to have an estate set aside under Chapter 6 (commencing with Section 6600) of Part 3 of Division 6.
(7) The right to elect to take community or quasi-community property against the decedent’s will.
(8) The right to take the statutory share of an omitted spouse.
(9) The right to be appointed as the personal representative of the decedent’s estate.
(10) An interest in property that is the subject of a nonprobate transfer on death under Part 1 (commencing with Section 5000) of Division 5.
(b) Nothing in this chapter affects or limits the waiver or manner of waiver of rights other than those referred to in subdivision (a), including, but not limited to, the right to property that would pass from the decedent to the surviving spouse by nonprobate transfer upon the death of the decedent, such as the survivorship interest under a joint tenancy, a Totten trust account, or a pay-on-death account.
(Amended by Stats. 1992, Ch. 51, Sec. 2. Effective January 1, 1993.)
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 142.

142. (a) A waiver under this chapter shall be in writing and shall be signed by the surviving spouse.
(b) Subject to subdivision (c), a waiver under this chapter is enforceable only if it satisfies the requirements of subdivision (a) and is enforceable under either Section 143 or Section 144.
(c) Enforcement of the waiver against the surviving spouse is subject to the same defenses as enforcement of a contract, except that:
(1) Lack of consideration is not a defense to enforcement of the waiver.
(2) A minor intending to marry may make a waiver under this chapter as if married, but the waiver becomes effective only upon the marriage.
(Enacted by Stats. 1990, Ch. 79.)
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 143.

143. (a) Subject to Section 142, a waiver is enforceable under this section unless the surviving spouse proves either of the following:
(1) A fair and reasonable disclosure of the property or financial obligations of the decedent was not provided to the surviving spouse prior to the signing of the waiver unless the surviving spouse waived such a fair and reasonable disclosure after advice by independent legal counsel.
(2) The surviving spouse was not represented by independent legal counsel at the time of signing of the waiver.
(b) Subdivision (b) of Section 721 of the Family Code does not apply if the waiver is enforceable under this section.
(Amended by Stats. 1992, Ch. 163, Sec. 120. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
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 144.

144. (a) Except as provided in subdivision (b), subject to Section 142, a waiver is enforceable under this section if the court determines either of the following:
(1) The waiver at the time of signing made a fair and reasonable disposition of the rights of the surviving spouse.
(2) The surviving spouse had, or reasonably should have had, an adequate knowledge of the property and financial obligations of the decedent and the decedent did not violate the duty imposed by subdivision (b) of Section 721 of the Family Code.
(b) If, after considering all relevant facts and circumstances, the court finds that enforcement of the waiver pursuant to subdivision (a) would be unconscionable under the circumstances existing at the time enforcement is sought, the court may refuse to enforce the waiver, enforce the remainder of the waiver without the unconscionable provisions, or limit the application of the unconscionable provisions to avoid an unconscionable result.
(c) Except as provided in paragraph (2) of subdivision (a), subdivision (b) of Section 721 of the Family Code does not apply if the waiver is enforceable under this section.
(Amended by Stats. 1992, Ch. 163, Sec. 121. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
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 145.

145. Unless the waiver or property settlement provides to the contrary, a waiver under this chapter of “all rights” (or equivalent language) in the property or estate of a present or prospective spouse, or a complete property settlement entered into after or in anticipation of separation or dissolution or annulment of marriage, is a waiver by the spouse of the rights described in subdivision (a) of Section 141.
(Enacted by Stats. 1990, Ch. 79.)
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 146.

146. (a) As used in this section, “agreement” means a written agreement signed by each spouse or prospective spouse altering, amending, or revoking a waiver under this chapter.
(b) Except as provided in subdivisions (c) and (d) of Section 147, unless the waiver specifically otherwise provides, a waiver under this chapter may not be altered, amended, or revoked except by a subsequent written agreement signed by each spouse or prospective spouse.
(c) Subject to subdivision (d), the agreement is enforceable only if it satisfies the requirements of subdivision (b) and is enforceable under either subdivision (e) or subdivision (f).
(d) Enforcement of the agreement against a party to the agreement is subject to the same defenses as enforcement of any other contract, except that:
(1) Lack of consideration is not a defense to enforcement of the agreement.
(2) A minor intending to marry may enter into the agreement as if married, but the agreement becomes effective only upon the marriage.
(e) Subject to subdivision (d), an agreement is enforceable under this subdivision unless the party to the agreement against whom enforcement is sought proves either of the following:
(1) A fair and reasonable disclosure of the property or financial obligations of the other spouse was not provided to the spouse against whom enforcement is sought prior to the signing of the agreement unless the spouse against whom enforcement is sought waived such a fair and reasonable disclosure after advice by independent legal counsel.
(2) The spouse against whom enforcement is sought was not represented by independent legal counsel at the time of signing of the agreement.
(f) Subject to subdivisions (d) and (g), an agreement is enforceable under this subdivision if the court determines that the agreement at the time of signing made a fair and reasonable disposition of the rights of the spouses.
(g) If, after considering all relevant facts and circumstances, the court finds that enforcement of the agreement pursuant to subdivision (f) would be unconscionable under the circumstances existing at the time enforcement is sought, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provisions, or limit the application of the unconscionable provisions to avoid an unconscionable result.
(h) Subdivision (b) of Section 721 of the Family Code does not apply if the agreement is enforceable under this section.
(Amended by Stats. 1992, Ch. 163, Sec. 122. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)