SECTIONS 13401-13411 - California Statutes

REVENUE AND TAXATION CODE

SECTION 13401-13411

13401. Except where the context otherwise requires, the definitions
given in this chapter govern construction of this part.

13402. "Estate" or "property" means the real or personal property
or interest therein included in the gross estate of a decedent or
transferor, and includes all of the following:
(a) All intangible personal property included in the gross estate
of a resident decedent within or without the state or subject to the
jurisdiction thereof.
(b) All intangible personal property in California included in the
gross estate of a nonresident decedent of the United States,
including all stock of a corporation organized under the laws of
California or which has its principal place of business or does the
major part of its business in California or of a federal corporation
or national bank which has its principal place of business or does
the major part of its business in California, excluding, however,
savings accounts in savings and loan associations operating under the
authority of the Division of Savings and Loan or the Federal Home
Loan Bank board and bank deposits, unless those deposits are held and
used in connection with a business conducted or operated, in whole
or in part, in California.

13403. "Personal representative" means the personal representative
of the decedent or, if there is no personal representative appointed,
qualified and acting within this state, any person who is in actual
or constructive possession of any property included in the gross
estate of the decedent.

13404. "Transfer" means the inclusion of any property or other
interest included in the gross estate of a decedent.

13405. "Decedent" or "transferor" means any person whose death
gives rise to a transfer.

13406. "Transferee" means any person to whom a transfer is made,
and includes any legatee, devisee, heir, next of kin, grantee, donee,
vendee, assignee, successor, survivor, or beneficiary.

13407. "Resident" or "resident decedent" means a decedent who was
domiciled in California at his or her death.

13408. "Nonresident" or "nonresident decedent" means a decedent who
was domiciled outside of California at his or her death.

13409. "Gross estate" means "gross estate" as defined in Section
2031 of the United States Internal Revenue Code of 1954, as amended
or renumbered.

13410. "Taxable estate" means the "taxable estate" as defined in
Section 2051 of the United States Internal Revenue Code of 1954, as
amended or renumbered.

13411. "Federal credit" means the maximum amount of the credit for
state death taxes allowed by Section 2011 of the United States
Internal Revenue Code of 1954, as amended or renumbered in respect to
a decedent's taxable estate.