California Statutory Wills

Probate Code Division 6, Part 1, Chapter 6 deals with California statutory wills. Article 1 contains definitions and rules of construction. 

Section 6200 provides that these definitions and rules of construction govern the construction of this chapter.

Section 6201 defines the term “testator.”

Section 6203 defines the term “executor.”

Section 6204 defines the term “trustee.”

Section 6205 defines the term “descendents.”

Section 6206 defines the term “Uniform Gifts to Minors Act of any state.”

Section 6207 states that masculine pronouns include the feminine, and plural and singular words include each other, where appropriate.

Section 6208 provides that if a California statutory will states that a person wo;; perform an act, the person is required to perform that act.

Section 6209 states that, whenever a distribution under a California statutory will is to be made to a person’s descendants, the property must be divided into as many equal shares as there are then living descendants of the nearest degree of living descendants and deceased descendants of that same degree who leave descendants then living.

Section 6210 defines the term “person.”

Section 6211 defines the terms “if living” and “survives me.”

Article 2 contains general provisions. Section 6220 provides that any individual of sound mind and over the age of 18 may execute a California statutory will under the provisions of this chapter.

Section 6221 requires a California statutory will to be executed only as specified.

Section 6222 states that the execution of the attestation clause provided in the California statutory will by two or more witnesses satisfies the law.

Section 6223 specifies that there is only one California statutory will, which includes two specified items.

Section 6224 provides that, if more than one property disposition clause appearing in paragraphs 2 or 3 of a California statutory will is selected, no gift is made.

Section 6225 states that only the texts of property disposition clauses and the mandatory clauses must be considered in determining their meaning. Their titles are disregarded.

Section 6226 says that a California statutory will may be revoked and may be amended by codicil in the same manner as other wills. Any additions to or deletions from the California statutory will on the face of the California statutory will form are given effect only where clear and convincing evidence shows that they would effectuate the clear intent of the testator.

Section 6227 provides that, if after executing a California statutory will the testator’s marriage is dissolved or annulled, the dissolution, annulment, or termination revokes any disposition of property made by the will to the former spouse and any nomination of the former spouse as executor, trustee, guardian, or custodian made by the will.

If any disposition or nomination is revoked solely by this section, it is revived by the testator’s remarriage to, or entry into a subsequent registered domestic partnership with, the former spouse. In case of revocation by dissolution or annulment, two specified actions occur. The term “dissolution or annulment” is defined.