California Probate Code 21114 – (a) If a statute or an instrument provides for transfer of a …
(a) If a statute or an instrument provides for transfer of a present or future interest to, or creates a present or future interest in, a designated person‘s “heirs,” “heirs at law,” “next of kin,” “relatives,” or “family,” or words of similar import, the transfer is to the persons, including the state under Section 6800, and in the shares that would succeed to the designated person’s intestate estate under the intestate succession law of the transferor‘s domicile, if the designated person died when the transfer is to take effect in enjoyment. If the designated person’s surviving spouse is living but is remarried at the time the transfer is to take effect in enjoyment, the surviving spouse is not an heir of the designated person for purposes of this section.
(b) As used in this section, “designated person” includes the transferor.
Terms Used In California Probate Code 21114
- Heir: means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. See California Probate Code 44
- 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
- Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
- Statute: A law passed by a legislature.
- Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81
(Amended by Stats. 2002, Ch. 138, Sec. 23. Effective January 1, 2003.)