Prob. Code, § 6122.1 · Chapter 3. Revocation and Revival
Prob. Code, § 6122.1
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Unless the will expressly provides otherwise, if after executing a will the testator’s domestic partnership is terminated, the termination revokes all of the following:
(1) Any disposition or appointment of property made by the will to the former domestic partner.
(2) Any provision of the will conferring a general or special power of appointment on the former domestic partner.
(3) Any provision of the will nominating the former domestic partner as executor, trustee, conservator, or guardian.
(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator establishing another domestic partnership with the former domestic partner.
(c) In case of revocation by termination of a domestic partnership:
(1) Property prevented from passing to a former domestic partner because of the revocation passes as if the former domestic partner failed to survive the testator.
(2) Other provisions of the will conferring some power or office on the former domestic partner shall be interpreted as if the former domestic partner failed to survive the testator.
(d) This section shall apply only to wills executed on or after January 1, 2002.
Notes and commentary — not statutory text
History
Added by Stats. 2001, Ch. 893, Sec. 51. Effective January 1, 2002.
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=6122.1.
- Text hash
- sha256 b51483e69ff560f245d649df87504cee33aafe7889be6cf8337acd9fb9c0300d
- 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
Cited by 1 provision
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Probate Code
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