Public-domain · open source
OpenJurist

Cal. Prob. Code § 246

Distribution Under a Will, Trust, or Other Instrument

Applied in 2 court decisions — leading case 56 Cal. App. 4th 235 - De Paul v. Irwin (1997)

Most recently applied in 56 Cal. App. 4th 235 - Estate of Anderson (July 1997)

Enacted by Stats. 1990, Ch. 79.

(a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 246 of the Probate Code,” the property to be distributed shall be divided into as many equal shares as there are living children of the designated ancestor, if any, and deceased children who leave issue then living. Each living child of the designated ancestor is allocated one share, and the share of each deceased child who leaves issue then living is divided in the same manner.

(b) Unless the will, trust, or other instrument expressly provides otherwise, if an instrument executed on or after January 1, 1986, calls for property to be distributed or taken “per stirpes,” “by representation,” or “by right of representation,” the property shall be distributed in the manner provided in subdivision (a).

(c) If a will, trust, or other instrument executed before January 1, 1986, calls for property to be distributed or taken “per stirpes,” “by representation,” or by “right of representation,” the property shall be distributed in the manner provided in subdivision (a), absent a contrary intent of the transferor.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.