California Probate Code 21402 – (a) Shares of beneficiaries abate in the following …
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(a) Shares of beneficiaries abate in the following order:
(1) Property not disposed of by the instrument.
Terms Used In California Probate Code 21402
- 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. See California Probate Code 45
- Intestate: Dying without leaving a will.
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81
(2) Residuary gifts.
(3) General gifts to persons other than the transferor‘s relatives.
(4) General gifts to the transferor’s relatives.
(5) Specific gifts to persons other than the transferor’s relatives.
(6) Specific gifts to the transferor’s relatives.
(b) For purposes of this section, a “relative” of the transferor is a person to whom property would pass from the transferor under Section 6401 or 6402 (intestate succession) if the transferor died intestate and there were no other person having priority.
(Enacted by Stats. 1990, Ch. 79.)