Prob. Code, § 21110 · Chapter 1. General Provisions
Prob. Code, § 21110
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Subject to subdivision (b), if a transferee is dead when the instrument is executed, or fails or is treated as failing to survive the transferor or until a future time required by the instrument, the issue of the deceased transferee take in the transferee’s place in the manner provided in Section 240. A transferee under a class gift shall be a transferee for the purpose of this subdivision unless the transferee’s death occurred before the execution of the instrument and that fact was known to the transferor when the instrument was executed.
(b) The issue of a deceased transferee do not take in the transferee’s place if the instrument expresses a contrary intention or a substitute disposition. A requirement that the initial transferee survive the transferor or survive for a specified period of time after the death of the transferor constitutes a contrary intention. A requirement that the initial transferee survive until a future time that is related to the probate of the transferor’s will or administration of the estate of the transferor constitutes a contrary intention.
(c) As used in this section, “transferee” means a person who is kindred of the transferor or kindred of a surviving, deceased, or former spouse of the transferor, but does not mean a spouse of the transferor.
Notes and commentary — not statutory text
History
Amended by Stats. 2018, Ch. 71, Sec. 1. (AB 1960) Effective January 1, 2019.
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=PROB§ionNum=21110.
- Text hash
- sha256 18ded14c59dd845dd56d92f1ae253bcfebcd1557a6f500ee9bc329850db975b8
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Probate Code
Cited by 8 provisions
Provisions in this library whose text cites Prob. Code, § 21110. Each shows the citation as that text prints it.
Probate Code
- Prob. Code, § 230Printed as Section 103, 220, 222, 223, 224, 6211, 6242, 6243, 6403, 21109, 21110
- Prob. Code, § 250Printed as Section 21110
- Prob. Code, § 5652Printed as Section 21110
- Prob. Code, § 15212Printed as Section 21110
- Prob. Code, § 21111Printed as Section 21110
- Prob. Code, § 21115Printed as Section 21110
- Prob. Code, § 21135Printed as Sections 21110 and 21111
California Rules of Court
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.