DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS 21101-21700›PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS 21101-21140›CHAPTER 1. General Provisions 21101-21118

§ 21109

California Probate Code · 2020-11 edition · updated 2026-10-04 · California

(a) A transferee who fails to survive the transferor of an at-death transfer or until any future time required by the instrument does not take under the instrument.

(b) If it cannot be determined by clear and convincing evidence that the transferee survived until a future time required by the instrument, it is deemed that the transferee did not survive until the required future time.

(Amended by Stats. 2002, Ch. 138, Sec. 18. Effective January 1, 2003.)

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California Probate Code

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