California Probate Code

probate code Probate Code

division 1 Preliminary Provisions and Definitions

parts 1 – 2
1. Preliminary Provisions
2. Definitions

division 2 General Provisions

parts 1 – 9
1. Effect of Death of Married Person on Community and Quasi-community Property
2. Surviving Spouse's Right in California Real Property of Nondomiciliary Decedent
3. Contractual Arrangements Relating to Rights at Death
4. Establishing and Reporting Fact of Death
5. Simultaneous Death
6. Distribution Among Heirs or Beneficiaries
7. Effect of Homicide or Abuse of an Elder or Dependent Adult
8. Disclaimer of Testamentary and Other Interests
9. Trust Company As Fiduciary
10. Immediate Steps Concerning Decedent's Tangible Personal Property and Safe Deposit Box
11. Fiduciaries' Wartime Substitution Law
12. Probate Referees
13. Litigation Involving Decedent
14. Powers of Appointment
15. Deposit of Estate Planning Documents With Attorney
16. Jurisdiction
17. Legal Mental Capacity
18. Right to Trial
19. Conveyance or Transfer of Property Claimed to Belong to Decedent or Other Person

division 3 General Provisions of a Procedural Nature

parts 1 – 3
1. General Provisions
2. Notices and Citations
3. Appeals

division 4 Guardianship, Conservatorship, and Other Protective Proceedings

parts 1 – 9
1. Definitions and General Provisions
2. Guardianship
3. Conservatorship
4. Provisions Common to Guardianship and Conservatorship
5. Public Guardian
6. Management or Disposition of Community Property Where Spouse Lacks Legal Capacity
7. Capacity Determinations and Health Care Decisions for Adult Without Conservator
8. Other Protective Proceedings
9. California Uniform Transfers to Minors Act

division 4.5 Powers of Attorney

parts 1 – 4
1. Definitions and General Provisions
2. Powers of Attorney Generally
3. Uniform Statutory Form Power of Attorney
4. Judicial Proceedings Concerning Powers of Attorney

division 4.7 Health Care Decisions

parts 1 – 5
1. Definitions and General
2. Uniform Health Care Decisions Act
3. Judicial Proceedings
4. Request Regarding Resuscitative Measures
5. Advance Health Care Directive Registry

division 5 Nonprobate Transfers

parts 1 – 5
1. Provisions Relating to Effect of Death
2. Multiple-party Accounts
3. Uniform Tod Security Registration Act
4. Revocable Transfer on Death Deed
5. Gifts in View of Impending Death

division 6 Wills and Intestate Succession

parts 1 – 4
1. Wills
2. Intestate Succession
3. Family Protection
4. Escheat of Decedent's Property

division 7 Administration of Estates of Decedents

parts 1 – 9
1. General Provisions
2. Opening Estate Administration
3. Inventory and Appraisal
4. Creditor Claims
5. Estate Management
6. Independent Administration of Estates
7. Compensation of Personal Representative and Attorney for the Personal Representative
8. Accounts
9. Payment of Debts
10. Distribution of Estate
11. Closing Estate Administration
12. Administration of Estates of Missing Persons Presumed Dead
13. Nondomiciliary Decedents

division 8 Disposition of Estate Without Administration

parts 1 – 2
1. Collection or Transfer of Small Estate Without Administration
2. Passage of Property to Surviving Spouse Without Administration

division 9 Trust Law

parts 1 – 8
1. General Provisions
2. Creation, Validity, Modification, and Termination of Trusts
3. Trustees and Beneficiaries
4. Trust Administration
5. Judicial Proceedings Concerning Trusts
6. Rights of Third Persons
7. Uniform Prudent Management of Institutional Funds Act
8. Payment of Claims, Debts, and Expenses From Revocable Trust of Deceased Settlor

division 10 Proration of Taxes

chapters 1 – 2
1. Proration of Estate Taxes
2. Proration of Taxes on Generation-skipping Transfer

division 11 Construction of Wills, Trusts, and Other Instruments

parts 1 – 7
1. Rules for Interpretation of Instruments
2. Perpetuities
3. No Contest Clause
3.7. Presumption of Fraud or Undue Influence
4. Abatement
5. Compliance With Internal Revenue Code
6. Family Protection: Omitted Spouses and Children
7. Contracts Regarding Testamentary or Intestate Succession