SECTIONS 220-226 - California Statutes

PROBATE CODE

SECTION 220-226

220. Except as otherwise provided in this chapter, if the title to
property or the devolution of property depends upon priority of death
and it cannot be established by clear and convincing evidence that
one of the persons survived the other, the property of each person
shall be administered or distributed, or otherwise dealt with, as if
that person had survived the other.

221. (a) This chapter does not apply in any case where Section 103,
6211, or 6403 applies.
(b) This chapter does not apply in the case of a trust, deed, or
contract of insurance, or any other situation, where (1) provision is
made dealing explicitly with simultaneous deaths or deaths in a
common disaster or otherwise providing for distribution of property
different from the provisions of this chapter or (2) provision is
made requiring one person to survive another for a stated period in
order to take property or providing for a presumption as to
survivorship that results in a distribution of property different
from that provided by this chapter.

222. (a) If property is so disposed of that the right of a
beneficiary to succeed to any interest in the property is conditional
upon surviving another person and it cannot be established by clear
and convincing evidence that the beneficiary survived the other
person, the beneficiary is deemed not to have survived the other
person.
(b) If property is so disposed of that one of two or more
beneficiaries would have been entitled to the property if he or she
had survived the others, and it cannot be established by clear and
convincing evidence that any beneficiary survived any other
beneficiary, the property shall be divided into as many equal
portions as there are beneficiaries and the portion of each
beneficiary shall be administered or distributed, or otherwise dealt
with, as if that beneficiary had survived the other beneficiaries.

223. (a) As used in this section, "joint tenants" includes owners
of property held under circumstances that entitled one or more to the
whole of the property on the death of the other or others.
(b) If property is held by two joint tenants and both of them have
died and it cannot be established by clear and convincing evidence
that one survived the other, the property held in joint tenancy shall
be administered or distributed, or otherwise dealt with, one-half as
if one joint tenant had survived and one-half as if the other joint
tenant had survived.
(c) If property is held by more than two joint tenants and all of
them have died and it cannot be established by clear and convincing
evidence that any of them survived the others, the property held in
joint tenancy shall be divided into as many portions as there are
joint tenants and the share of each joint tenant shall be
administered or distributed, or otherwise dealt with, as if that
joint tenant had survived the other joint tenants.

224. If the insured and a beneficiary under a policy of life or
accident insurance have died and it cannot be established by clear
and convincing evidence that the beneficiary survived the insured,
the proceeds of the policy shall be administered or distributed, or
otherwise dealt with, as if the insured had survived the beneficiary,
except if the policy is community or quasi-community property of the
insured and the spouse of the insured and there is no alternative
beneficiary except the estate or personal representative of the
insured, the proceeds shall be distributed as community property
under Section 103.

226. This chapter does not apply where a person the priority of
whose death is in issue died before January 1, 1985, and the law
applicable prior to January 1, 1985, continues to apply where none of
the persons the priority of whose death is in issue died on or after
January 1, 1985.