Terms Used In California Codes > Probate Code > Division 4 > Part 1 - DEFINITIONS AND GENERAL PROVISIONS

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• arterial or collector street section: is a street section with more than one traffic lane in each direction either before or after the proposed improvement, or a street section on which more than 70 percent of the average daily vehicle trips do not originate or end within the proposed assessment district. See California Streets and Highways Code 5871
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:

  California Probate Code 24

• block: as used in this chapter , if so designated by the superintendent of streets. See California Streets and Highways Code 5870
• Child: means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved. See California Probate Code 26
• City: includes "city and county" and "incorporated town. See California Streets and Highways Code 15
• Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community property: means :

  California Probate Code 28

• Conservatee: includes a limited conservatee. See California Probate Code 29
• Conservator: includes a limited conservator. See California Probate Code 30
• Construction: includes :

  California Streets and Highways Code 29

• County: includes "city and county. See California Streets and Highways Code 14
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Domestic partner: means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2. See California Probate Code 37
• Driveway: means a paved portion of a public street providing an unobstructed passage from the roadway to an offstreet area used for driving, servicing, parking, or otherwise accommodating motor vehicles. See California Streets and Highways Code 5870
• easement: means a burden or servitude upon land, whether or not attached to other land as an incident or appurtenance, that allows the holder of the burden or servitude to do acts upon the land. See California Civil Code 887.010
• Efficiency improvements: means permanent improvements fixed to residential, commercial, industrial, agricultural, or other real property. See California Streets and Highways Code 5898.20
• facing: as used in this chapter , means "abutting" in the case of property adjoining an alley improvement. See California Streets and Highways Code 5871
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Probate Code 39
• Financial institution: means a state or national bank, state or federal savings and loan association or credit union, or like organization. See California Probate Code 40
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign: means not organized under the laws of this State, whether or not admitted. See California Insurance Code 27
• gutters: shall include only above-ground structures appurtenant to sidewalks and curbs. See California Streets and Highways Code 5871
• Heir: means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. See California Probate Code 44
• Indian child custody proceeding: means a "child custody proceeding" within the meaning of Section 1903 of the Indian Child Welfare Act (25 U. See California Probate Code 1449
• Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
• Inter vivos: Transfer of property from one living person to another living person.
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Legislative body: means the governing body of a public agency. See California Streets and Highways Code 5898.20
• maintenance: includes any of the following:

  California Streets and Highways Code 27

• Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage: includes a trust deed, "mortgagor" includes a trustor under such trust deed, "mortgagee" includes a beneficiary under such trust deed, or a trustee exercising powers or performing duties granted to or imposed upon him thereunder, and "lien" in respect to real or personal property includes a charge or incumbrance arising out of a trust deed. See California Insurance Code 29
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Probate Code 54
• parking lane: means a paved area adjacent to the curb which is used exclusively for on-street parking. See California Streets and Highways Code 5871
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
• Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
• Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Probate: Proving a will
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Professional fiduciary: means a person who is a professional fiduciary as defined under subdivision (f) of §. See California Probate Code 60.1
• Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
• public agency: means a city, county, city and county, municipal utility district, community services district, sanitary district, sanitation district, or water district, as defined in §. See California Streets and Highways Code 5898.20
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See California Probate Code 70
• sidewalks or curbs: includes "gutters" "driveways" "pavement" to the centerline of the street, "full pavement" in alleys, "storm and sanitary drainage facilities" "water mains" "pipes" " conduits" "tunnels" "hydrants" and "other necessary works and appliances for providing water service" "paving to provide a parking lane on arterial or collector street sections" "parkway trees" and "street lighting facilities. See California Streets and Highways Code 5871
• Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
• State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
• State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• superintendent of streets: includes any other person or persons who may be designated by the legislative body to perform any of the duties of the superintendent of streets set forth in this chapter. See California Streets and Highways Code 5871
• terms of the trust: includes , but is not limited to, signatures, amendments, disclaimers, and any directions or instructions to the trustee that affect the disposition of the trust. See California Probate Code 16060.5
• Testator: A male person who leaves a will at death.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust: includes the following:

  California Probate Code 82

• Trustee: A person or institution holding and administering property in trust.
• Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
• Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.