California § 245. 245. (Enacted by Stats. 1990, Ch. 79.)

California Statutes

§ 245. — 245. (Enacted by Stats. 1990, Ch. 79.)

California § 245.

JurisdictionCalifornia

Code PROBProbate Code - PROB

Div. 2.DIVISION 2. GENERAL PROVISIONS

Part 6.PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES

Ch. 2.CHAPTER 2. Distribution Under a Will, Trust, or Other Instrument

This text of California § 245. (245. (Enacted by Stats. 1990, Ch. 79.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cal. Probate Code - PROB Code § 245. (2026).

Text

(a)Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 240 of the Probate Code,” or where a will, trust, or other instrument that expresses no contrary intention provides for issue or descendants to take without specifying the manner, the property to be distributed shall be distributed in the manner provided in Section 240.

(b)Use of the following words without more, as applied to issue or descendants, is not an expression of contrary intention:

(1)“Per capita” when living members of the designated class are not all of the same generation.

(2)Contradictory wording, such as “per capita and per stirpes” or “equally and by right of representation.”

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(a)
Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 240 of the Probate Code,” or where a will, trust, or other instrument that expresses no contrary intention provides for issue or descendants to take without specifying the manner, the property to be distributed shall be distributed in the manner provided in Section 240.
(b)
Use of the following words without more, as applied to issue or descendants, is not an expression of contrary intention:
(1)
“Per capita” when living members of the designated class are not all of the same generation.
(2)
Contradictory wording, such as “per capita and per stirpes” or “equally and by right of representation.”