Prob. Code, § 245 · Chapter 2. Distribution Under a Will, Trust, or Other Instrument
Prob. Code, § 245
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 240 of the Probate Code,” or where a will, trust, or other instrument that expresses no contrary intention provides for issue or descendants to take without specifying the manner, the property to be distributed shall be distributed in the manner provided in Section 240.
(b) Use of the following words without more, as applied to issue or descendants, is not an expression of contrary intention:
(1) “Per capita” when living members of the designated class are not all of the same generation.
(2) Contradictory wording, such as “per capita and per stirpes” or “equally and by right of representation.”
Notes and commentary — not statutory text
History
Enacted by Stats. 1990, Ch. 79.
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=245.
- Text hash
- sha256 ce6d3603ae03a5229319736f6a909fd0bc155cd82a44847406ce5236bfda4a59
- 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
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