Unless the provision or context clearly requires otherwise, these definitions and rules of construction govern the construction of this chapter. PRELIMINARY PROVISIONS AND DEFINITIONS 1-88 PART 1. LPS Conservatorship: For adults with mental illnesses that are listed in the DSM or Diagnostic and Statistical Manual of Mental Disorders. Expand sections by using the arrow icons. Code Search Text Search Up^ Back To TOC DIVISION 1. California may have more current or accurate information. Community Property:  In California, any property acquired by a husband and wife during a valid marriage. CALIFORNIA PROBATE CODE TABLE OF CONTENTS PROBATE CODE DIVISION 1. The Petition represents a formal, written request to the court for a specific action or order. Probate Court: The court that handles Probate matters, such as Wills, Trusts, Guardianships, and Conservatorships. featuring summaries of federal and state Conservator:  The court appoints a person or organization to manage and protect the financial and/or personal care of a conservatee. Certified Probate Real Estate Specialist: A licensed real estate agent or broker with specialized training and certified in probate real estate. Codicil: A Codicil is a written supplement, or amendment, to an existing Will. The person who died is called the decedent. PRELIMINARY PROVISIONS AND DEFINITIONS 1-88 PART 1. No need of Internet Connection or any Printed books. Irrevocable Trust:  The grantor expressly releases the power to revoke the trust. § 6205 “Descendants” mean children, grandchildren, and their lineal descendants of all generations, with the relationship of parent and child at each generation being determined as provided in Section 21115. Disclaimer: These codes may not be the most recent version. Conservatee:  A person whom the court determines to be unable to manage their own personal and/or financial affairs. Administrator with Will Annexed: This person is appointed by the Probate Court but is not the person who was named in the Will to act as the Executor. DEFINITIONS 20-88 DIVISION 2. WILLS 6100-6390 CHAPTER 1. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Beneficiary:  A Beneficiary may be an individual person or organization to whom a gift is made via a Will and who inherits the gifted property. California Probate Code CHAPTER 1 - Definitions Section 13000. In California, the term "heir" is defined in the state's probate code. Ancillary Administration: The administration of property owned by a decedent located in a state other than the domicile of the decedent. Kathleen is a Certified Probate Real Specialist and certified in Professional Fiduciary Management for Trustees. This is in the context of a guardianship. Testate:  When someone dies with a valid Will, they have died testate. WILLS AND INTESTATE SUCCESSION 6100-6806 PART 1. Terms Used In California Codes > Probate Code > Division 4 > Part 1 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. Bi-Polar disorder and schizophrenia are examples of such mental illnesses. 2009 California Probate Code - Section 248-249.8 :: Chapter 3. Section 23. Decedent: The deceased, or person who passed away. What is Probate & Process in Santa Clara County? We understand the rules of engagement with the Probate Court and collaborate with the probate attorneys to ensure a smooth transaction. Guardian: A person who manages and protects the financial and/or personal care of a minor, or ward. Life Estate: An interest in property that lasts only for the life of the owner, or holder. Her core belief and business religion is that every client deserves to be treated with 100% honesty and transparency. Life Tenant: A tenant who may retain possession of the property as long as they are alive. Testate: When someone dies leaving a Will. Letters of Administration:  Letters of Administration are granted by the judge, to the administrator of an Estate, as part of the Probate Process. Section 24. PRELIMINARY PROVISIONS AND DEFINITIONS PART 1. Residuary Beneficiary: A person who receives all or part of the Residue. Multiple search options include: - Section No - Section Heading/Definitions - Header • Complete offline access. Trusts: Property handed over to a person and held for the benefit of another person. Section 22. The term personal representativ… are met. Revocable Trust: A trust that may be revoked by the person who makes the trust. Probate is stressful. PRELIMINARY PROVISIONS 1-13 PART 2. Definitions & General Transitional Provisions Section 4665 California Probate Code Sec. Section 4603. Petition: A Petition is a legal document filed with the court. Fiduciary: A person or an organization that has a legal responsibility that involves a high standard of care to manage the property for a person. Probate: Probate is a court-supervised (legal) process to administer an estate. A Personal Representative may be an Executor or Administrator, appointed by the Probate Court. For more precise definitions you should consult with a probate attorney and/or refer to California Probate Code § 20, et. NONPROBATE TRANSFERS 5000-5705 PART 1. DIVISION 1. This includes personal possessions such as automobiles, clothing, jewelry, as well as cash, securities, and real property. California Probate Code Sec. California Laws | Probate Code DIVISION 1. A Will is filed with the Probate Court after a person dies as part of the Probate Process. Probate Administration: The legal process in which the probate court supervises the collection of a decedent’s debts and taxes and orders property distributed in accordance with a Will. Pretermitted Heir: A person who would normally be a beneficiary but is not mentioned in the Will. court opinions. If the decedent has not made a will, his or her affairs will still be settled through the Probate Court. PROVISIONS RELATING TO EFFECT OF DEATH 5000-5048 CHAPTER 1. (a) The degree of kinship or consanguinity between two persons is determined by the Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code… Trust: When one person (trustee) holds property at another person’s (settlor’s) request … 2009 California Probate Code - Section 20-88 :: Part 2. Kathleen Daniels is a licensed California Real Estate Broker certified in probate and trust sales. She owns the independent power to do things for her clients she got prevented from doing when affiliated with a big box brokerage. There is a distinction between Real Property and Personal Property. Content-based and hours-based education for court investigators, probate attorneys, and probate examiners (a) Definitions As used in this rule, the following terms have the Intestate Succession:  The order in which people inherit assets from people who died intestate, or without a Will. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. Personal Representative: A Personal Representative, often referred to as a “PR” is the person who manages the distribution of the assets of an Estate. Property: Anything that can be owned is referred to as Property. California Probate Code Sec. Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. Inter Vivos Trust: A trust that allows for the distribution of property or money to another person or organization during the lifetime of a person. Joint Tenancy:  Property owned jointly by two or more persons. Intestate: When someone dies without a Will, they have died intestate. Section 28. GENERAL PROVISIONS [100 - 890] DIVISION 3. Clients know Kathleen to speak from her heart and act from her head. However, the Uniform Probate Code covers more than just wills and intestate succession. Terms Used In California Probate Code 44 Decedent: A deceased person. Heirs are people who are entitled to inherit a deceased person's property. Small Estates:  An estate of a decedent may avoid probate and personal property may be transferred directly to an heir if the requirements of California Probate Code §13100 et seq. Affidavit: A written affirmation or statement made under penalty of perjury and notarized. 408-972-1822. Heir: An Heir is a person who inherits property via a Will or who inherits property from a person who died without a Will. PRELIMINARY PROVISIONS ..... 1-13 PART 2. (Enacted by Stats. Executor: The Executor is the person who the deceased person named in their Will to carry out the wishes outlined in the Will. Intestate: Dying without leaving a will. Unless the provision or context otherwise requires, the definitions in … PRELIMINARY PROVISIONS AND DEFINITIONS PART 1. 2951 The definitions contained in this section shall govern the construction of this chapter, unless the context requires otherwise. A guardian is appointed by the probate court. The Estate assets are managed by the Fiduciary and subject to court order. Residue: The remaining portion of a decedent’s estate after the payments of debts and legacies. PRELIMINARY PROVISIONS 1-13 PART 2. Trustee:  A person who holds and manages the property for the benefit of a beneficiary. PROBATE CODE. Successor Fiduciary: The next person, or organization appointed if a person or organization named or appointed as Fiduciary cannot act due to resignation, removal or death. Independent Administration of Estates Act (IAEA): The IAEA allows the Personal Representative to administer most aspects of a decedent’s Estate without court supervision. Grantor:  An individual or corporation who transfers (grants) property to another person. The Uniform Probate Code was created in an effort to simplify the process of probating estates and to standardize laws regarding wills, trusts and intestacy. Use this page to navigate to all sections within Probate Code. It also … seq. This court appointed representative administers the Estate of the decedent who died with a Will, under the Independent Administration of Estates Act (IAEA). Escheat: When a person who dies without a Will and has no surviving heirs, the property reverts, or escheats to the state. Subscribe to Justia's 79.) Glossary of Probate Terms Administrator : A person appointed by the Probate Court to administer the Estate of a person who died intestate, or without a Will. Section 1401. The probate terms listed in this glossary are designed to provide a general understanding of terms used in probate. CALIFORNIA PROBATE CODE TABLE OF CONTENTS PROBATE CODE DIVISION 1. Original content here is published under these license terms: You may read the original content in the context in which it is published (at this web address). Definitions PROBATE CODE SECTION 20-88 20. This is distinguished from a trust that transfers money or property after death. Testamentary Trust: A trust created by a Will that does not go into effect until the person who makes the trust dies. Ex Parte:  A judicial proceeding which is granted without notice. This is FindLaw's hosted version of California Code, Probate Code. California Probate Code ARTICLE 1 - Definitions and Rules of Construction Section 6200. 2011 California Code Probate Code DIVISION 6. The property is held in trust. If the decedent signed a will, the person who is designated in the will to handle the decedent's estate is called an executor. The definitions within this document are not comprehensive and are not intended to serve as a substitute for independent research of the law. Short Title and Definitions 16320-16328 ARTICLE 2. … Federal Estate Taxes: Death taxes imposed by the federal government on the transfer of assets following one’s death. Terms Used In California Codes > Probate Code > Division 4.5 > Part 1 Appraisal: A determination of property value. Uniform Probate Code The Uniform Probate Code (UPC) is a comprehensive statute that unifies, clarifies, and modernizes the laws governing the affairs of decedents and their estates, certain transfers accomplished other than by a will, and trusts and their administration. It is not uncommon that we never meet face to face. For example, the Petition for Probate. View Previous Versions of the California Code. Section 26. GENERAL PROVISIONS 100-890 PART 1. California Probate Code ARTICLE 2 - Definitions Section 5120. PROBATE CODE DIVISION 1. Real Property: Real Property is generally property that is not personal and immovable. Unless the provision or context otherwise requires, the definitions in this article govern the … Unless the provision or context otherwise requires, the PRELIMINARY PROVISIONS AND DEFINITIONS PART 1. CALIFORNIA PROBATE CODE Sections 4600-4678, 4695-4698, and 4735-4736 Section 4600. Limited Conservatorship: Generally, for developmentally disabled adults. Legatee:  A person named in a Will to receive a gift of Personal Property from the Decedent. PRELIMINARY PROVISIONS (1-13) 13. Section 29. Code Search Text Search Up^ Back To TOC CHAPTER 3. California Probate Code PART 2 - DEFINITIONS Section 20. California Probate Code app provides laws and codes in the palm of your hands. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] DIVISION 4. Probate Code and comparisons with the Uniform Probate Code, 2 including an analysis by the State Bar of California 3 and a response by the Joint Editorial Board for the Uniform Probate Code. Administrator: A person appointed by the Probate Court to administer the Estate of a person who died intestate, or without a Will. Devisee: A person named in a Will to receive a gift of Real Property from the Decedent. Probate Process: The steps taken to distribute an estate under the supervision of the Probate Court. 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. The executor files the will with the Court and files a petition for probate of the will and for appointment as the executor. (Repealed and added by Stats. The property may be personal property, real property, or both. Uniform Principal and Income Act 16320-16375 ARTICLE 1. Free Newsletters [Video], What is the Process for a Sheriff Eviction in California [Video], Create a California Conservatorship [Video], Difficulties of a Conservatorship [Video], California Trust Administration Checklist, Modifying an Irrevocable Trust – Ca Probate Code 15404 [Video], Trusts Avoid Probate in California [Video]. And the state of California an irrevocable refusal by an individual ’ s death domicile the... Full Text Search Up^ Back to TOC DIVISION 5 client deserves to be unable to and! Trust dies of assets following one ’ s death requires, the definitions in this govern! We work with many of the Law, as well as cash, securities, and experience, Probate... & Process in Santa Clara and the state of California Code, Probate Code 44 decedent a. Every client deserves to be unable to manage their own personal and/or financial affairs PROVISIONS and definitions 16320-16328 2.. Executor: the average period of time it takes to Complete the Probate.... 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