Amended by Stats. 1991, Ch. 82, Sec. 1. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.
Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code.
Part 2 - DEFINITIONS
California Probate Code — §§ 20-88
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Sections (47)
Enacted by Stats. 1990, Ch. 79.
“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.
“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.
(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.
“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.
“Child” means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved.
Enacted by Stats. 1990, Ch. 79.
“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.
“Conservatee” includes a limited conservatee.
Enacted by Stats. 1990, Ch. 79.
“Conservator” includes a limited conservator.
Enacted by Stats. 1990, Ch. 79.
“Devise,” when used as a noun, means a disposition of real or personal property by will, and, when used as a verb, means to dispose of real or personal property by will.
Enacted by Stats. 1990, Ch. 79.
(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.
“Dissolution of marriage” includes divorce.
Added by Stats. 2001, Ch. 893, Sec. 13. Effective January 1, 2002.
(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.
Enacted by Stats. 1990, Ch. 79.
“Family allowance” means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6.
Amended by Stats. 1997, Ch. 724, Sec. 2. Effective January 1, 1998.
“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.
Enacted by Stats. 1990, Ch. 79.
“Financial institution” means a state or national bank, state or federal savings and loan association or credit union, or like organization.
Enacted by Stats. 1990, Ch. 79.
“General personal representative” is defined in subdivision (b) of Section 58.
Enacted by Stats. 1990, Ch. 79.
“Heir” means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code.
Amended by Stats. 2019, Ch. 56, Sec. 1. (SB 308) Effective January 1, 2020.
“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.
Enacted by Stats. 1990, Ch. 79.
“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.
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