§ 21380 (a) A provision of an instrument making a donative transfer to …
§ 21382 Section 21380 does not apply to any of the following instruments or …
§ 21384 (a) A donative transfer is not subject to Section 21380 if the …
§ 21385 (a) An at-death transfer, as defined in Section 21104, between …
§ 21386 If a donative transfer fails under this part, the instrument making …
§ 21388 (a) A person is not liable for transferring property pursuant to …
§ 21390 This part applies notwithstanding a contrary provision in an …
§ 21392 (a) This part shall apply to instruments that become irrevocable …

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Terms Used In California Codes > Probate Code > Division 11 > Part 3.7 > Chapter 2 - Operation and Effect of Presumption

  • Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:

    California Probate Code 24

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • City: includes "city and county" and "incorporated town. See California Streets and Highways Code 15
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Construction: includes :

    California Streets and Highways Code 29

  • County: includes "city and county. See California Streets and Highways Code 14
  • Dependent: A person dependent for support upon another.
  • Domestic partner: means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2. See California Probate Code 37
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • maintenance: includes any of the following:

    California Streets and Highways Code 27

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
  • Probate: Proving a will
  • 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
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • 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
  • Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81
  • Trust: includes the following:

    California Probate Code 82

  • Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88