Code Civ. Proc., § 764.020 · Article 5. Judgment
Code Civ. Proc., § 764.020
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If in an action under this chapter the validity or interpretation of a gift, devise, bequest, or trust, under a will or instrument purporting to be a will, whether admitted to probate or not, is involved:
(1) The will or instrument purporting to be a will is admissible in evidence.
(2) All questions concerning the validity of the gift, devise, bequest, or trust shall be finally determined in the action.
(3) If the will has been admitted to probate and the gift, devise, bequest, or trust has been interpreted by a final decree of the probate court, the interpretation is conclusive as to the proper construction thereof.
(b) Nothing in this section deprives a party of the right to a jury trial in any case where, by law, the right is now given.
Notes and commentary — not statutory text
History
Added by Stats. 1980, Ch. 44, Sec. 15.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=764.020.
- Text hash
- sha256 f937870ae8accd737c5e1361805b471a74de6ec3d20e489f9ab0e1be8ec951d6
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.