DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS 21101-21700›PART 3.7. Presumption of Fraud or Undue Influence 21360-21392›CHAPTER 2. Operation and Effect of Presumption 21380-21392

§ 21385

California Probate Code · 2026-09 edition · updated 2026-10-03 · California

(a) An at-death transfer, as defined in Section 21104, between spouses by will, revocable trust, beneficiary form, or other instrument is not subject to Section 721 of the Family Code or any presumptions of undue influence created by that section.

(b) This section does not limit the application of any other statutory or common law presumptions of undue influence that may apply to an at-death transfer between spouses.

(Added by Stats. 2019, Ch. 43, Sec. 2. (AB 327) Effective January 1, 2020.)

Get a plain-English answer with a citation back to this text.

Ask AI about this code

Export this section

▸Contents — California Probate Code

California Probate Code

GoCodebook provides public access, search, citation, multilingual explanation, and practical interpretation of legally adopted building regulations. It is not a substitute for the official ICC or California code publications.