Statute · California Probate Code
Cal. Prob. Code § 245 — Distribution Under a Will, Trust, or Other Instrument
Cal. Prob. Code § 245
- Type
- Statute
- Source
- California Probate Code
- Jurisdiction
- California
- Current through
- Nov 2, 2026 (California Legislative Counsel)
(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…
Citator
Cal. Prob. Code § 245 — Distribution Under a Will, Trust, or Other Instrument is in force in the current edition of the Code, and nothing recorded condemns it.
(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.”