Prob. Code, § 21385 · Chapter 2. Operation and Effect of Presumption
Prob. Code, § 21385
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) An at-death transfer, as defined in Section 21104, between spouses by will, revocable trust, beneficiary form, or other instrument is not subject to Section 721 of the Family Code or any presumptions of undue influence created by that section.
(b) This section does not limit the application of any other statutory or common law presumptions of undue influence that may apply to an at-death transfer between spouses.
Notes and commentary — not statutory text
History
Added by Stats. 2019, Ch. 43, Sec. 2. (AB 327) Effective January 1, 2020.
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=21385.
- Text hash
- sha256 1ec695b8b33a5f4e2f91ca210b81c197311da3d8f3602181df9cc55b0d429c4e
- 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
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