§ 20 Unless the provision or context otherwise requires, the definitions …
§ 21 “Account,” when used to mean a contract of deposit of funds between a …
§ 22 “Account in an insured credit union” means a share account in a …
§ 23 (a) “Account in an insured savings and loan association” means a …
§ 24 “Beneficiary” means a person to whom a donative transfer of property …
§ 26 “Child” means any individual entitled to take as a child under this …
§ 28 “Community property” means:(a) Community property heretofore or …
§ 29 “Conservatee” includes a limited conservatee.
§ 30 “Conservator” includes a limited conservator.
§ 32 “Devise,” when used as a noun, means a disposition of real or …
§ 34 (a) “Devisee” means any person designated in a will to receive a …
§ 36 “Dissolution of marriage” includes divorce.
§ 37 (a) “Domestic partner” means one of two persons who have filed a …
§ 38 “Family allowance” means an allowance provided for in Chapter 4 …
§ 39 “Fiduciary” means personal representative, trustee, guardian, …
§ 40 “Financial institution” means a state or national bank, state or …
§ 42 “General personal representative” is defined in subdivision (b) of …
§ 44 “Heir” means any person, including the surviving spouse, who is …
§ 45 “Instrument” means a will, a document establishing or modifying a …
§ 46 “Insured account in a financial institution” means an account in a …
§ 48 (a) Subject to subdivision (b), “interested person” includes any …
§ 50 “Issue” of a person means all his or her lineal descendants of all …
§ 52 “Letters”:(a) As it relates to a personal representative, means …
§ 54 “Parent” means any individual entitled to take as a parent under this …
§ 55 “Pay-on-death account” or “P.O.D. account” is defined in Section …
§ 56 “Person” means an individual, corporation, government or governmental …
§ 58 (a) “Personal representative” means executor, administrator, …
§ 59 “Predeceased spouse” means a person who died before the decedent …
§ 60 “Probate homestead” means a homestead provided for in Chapter 3 …
§ 60.1 (a) “Professional fiduciary” means a person who is a …
§ 62 “Property” means anything that may be the subject of ownership and …
§ 66 “Quasi-community property” means the following property, other than …
§ 68 “Real property” includes a leasehold interest in real property.
§ 69 “Revocable transfer on death deed” or “revocable TOD deed” means a …
§ 70 “Security” includes any note, stock, treasury stock, bond, debenture, …
§ 72 “Spouse” includes domestic partner, as defined in Section 37 of this …
§ 74 “State” includes any state of the United States, the District of …
§ 76 A “subscribing witness” to a will means a witness who signs the will …
§ 78 “Surviving spouse” does not include any of the following:(a) A …
§ 80 “Totten trust account” means an account in the name of one or more …
§ 81 “Transferor” means the testator, settlor, grantor, owner, or other …
§ 81.5 “Transferee” means the beneficiary, donee, or other recipient of an …
§ 82 (a) “Trust” includes the following:(1) An express trust, …
§ 83 “Trust company” means an entity that has qualified to engage in and …
§ 84 “Trustee” includes an original, additional, or successor trustee, …
§ 86 “Undue influence” has the same meaning as defined in Section 15610.70 …
§ 88 “Will” includes codicil and any testamentary instrument which merely …

Terms Used In California Codes > Probate Code > Division 1 > Part 2 - DEFINITIONS

  • 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. See California Probate Code 21
  • 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. See California Probate Code 22
  • Account in an insured savings and loan association: means a savings account or mutual capital certificate of either of the following:

    California Probate Code 23

  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bonds: means bonds, notes, bond anticipation notes, and any other evidence of indebtedness, and also includes certificates of participation or lease-purchase agreements. See California Government Code 9117
  • Child: means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved. See California Probate Code 26
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • 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.
  • Community property: means :

    California Probate Code 28

  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conservatee: includes a limited conservatee. See California Probate Code 29
  • Conservator: includes a limited conservator. See California Probate Code 30
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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. See California Probate Code 32
  • Devise: To gift property by will.
  • Devisee: means any person designated in a will to receive a devise. See California Probate Code 34
  • Dissolution of marriage: includes divorce. See California Probate Code 36
  • 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
  • Donee: The recipient of a gift.
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Federal association: has the meaning given that term in subdivision (b) of Section 5102 of the Financial Code. See California Probate Code 23
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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. See California Probate Code 39
  • Financial institution: means a state or national bank, state or federal savings and loan association or credit union, or like organization. See California Probate Code 40
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • interested person: includes any of the following:

    California Probate Code 48

  • Intestate: Dying without leaving a will.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease financing: means the financial undertaking authorized by this article under which the lessee shall lease the project from the lessor and the rental payments to be paid by the lessee, and any other authorized or appropriated funds, shall be used to secure the repayment of the bonds and the proceeds of the bonds shall be applied to pay the costs of the project and related costs as authorized by this article. See California Government Code 9117
  • Lessee: means the Legislature, acting through its authorized representative as provided for in this article. See California Government Code 9117
  • Lessor: means the State Public Works Board acting pursuant to the State Building Construction Act of 1955, Part 10b (commencing with Section 15800) of Division 3 of Title 2, a joint exercise of powers agency established between the lessee and any qualifying entity of government and acting pursuant to the Joint Exercise of Powers Act, Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, or any other person, corporation, partnership, or other entity serving as the lessor under the lease financing. See California Government Code 9117
  • Mutual capital certificate: has the meaning given that term in Section 5111 of the Financial Code. See California Probate Code 23
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Probate Code 54
  • 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
  • Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Professional fiduciary: means a person who is a professional fiduciary as defined under subdivision (f) of Section 6501 of the Business and Professions Code. See California Probate Code 60.1
  • Project: means the property and the buildings on the property bounded by 10th, 11th, N, and O Streets in the City of Sacramento, consisting of two connecting buildings located at 1020 N Street and 1021 O Street in the City of Sacramento, and the remodeling and rehabilitation of these buildings or destruction and removal of these buildings and the construction of new buildings on this property for use as legislative office facilities, and includes all aspects of the project from initial planning to completion and occupancy by the Legislature. See California Government Code 9117
  • 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
  • Quorum: The number of legislators that must be present to do business.
  • Real property: includes a leasehold interest in real property. See California Probate Code 68
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Savings account: has the meaning given that term in Section 5116 of the Financial Code. See California Probate Code 23
  • Savings association: has the meaning given that term in subdivision (a) of Section 5102 of the Financial Code. See California Probate Code 23
  • Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See California Probate Code 70
  • Spouse: includes domestic partner, as defined in Section 37 of this code, as required by Section 297. 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
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • Statute: A law passed by a legislature.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Totten trust account: means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account. See California Probate Code 80
  • Treasurer: means the Treasurer of the State of California. See California Government Code 9117
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust: includes the following:

    California Probate Code 82

  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
  • Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88