California § 246. 246. (Enacted by Stats. 1990, Ch. 79.)

California Statutes

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

California § 246.

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 § 246. (246. (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 § 246. (2026).

Text

(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 t

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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 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.