California Probate Code Section 24

Share

Legal Definition

“Beneficiary” means a person to whom a donative transfer of property is made or that person’s successor in interest, and:

(a) As it relates to the intestate estate of a decedent, means an heir.

(b) As it relates to the testate estate of a decedent, means a devisee.

(c) As it relates to a trust, means a person who has any present or future interest, vested or contingent.

(d) As it relates to a charitable trust, includes any person entitled to enforce the trust.

Basic Definition

Section 24: “Beneficiary” means a person to whom a donative transfer of property is made or that person’s successor in interest.

In-Depth Overview & Use Cases

Section 24 of the California Probate Code defines “beneficiary” in various contexts, including heirs of intestate estates, devisees under a will, and individuals with interests in trusts. It encompasses both vested and contingent interests and includes persons enforcing charitable trusts. This definition aids in categorizing parties involved in estate administration.

Application & Relevance

Probate attorneys rely on this section to identify and clarify the roles of individuals entitled to inherit or enforce trust provisions. It ensures proper administration of estates and legal protections for beneficiaries, especially in disputes over inheritance or fiduciary duties.

Legal Scenario

Trust Disputes

Probate Code Impact

Section 24 is crucial in identifying beneficiaries in trust disputes. It determines who can challenge trust provisions, especially in cases where a trust’s terms are unclear or contested.

Legal Scenario

Trust Administration Attorney

Probate Code Impact

In trust administration, this section ensures that the trustee knows who the legitimate beneficiaries are and helps resolve any disputes that arise regarding inheritance rights. It’s essential for ensuring proper asset distribution and legal protections.

Questions

What does “beneficiary” mean under California Probate Code Section 24?

Beneficiary refers to any person entitled to receive property through a donative transfer, which can include heirs (intestate estate), devisees (testate estate), and trust beneficiaries.

How does Section 24 distinguish between beneficiaries in intestate and testate estates?

It distinguishes beneficiaries in intestate estates as heirs, while in testate estates, beneficiaries are referred to as devisees.

Why is Section 24 important in trust administration?

This section helps probate attorneys identify and clarify the roles of individuals involved in estate administration, ensuring that beneficiaries’ rights are protected.

Challenging a trust or will?

RMO attorneys provide personal and efficient services for trust and will contests.
Serving clients across California and Texas

Related Articles

Insights and advice on trust and probate estate litigation from our blog.