California Codes
Cal. Probate Code § 21109 (2026)
✓ current as of May 2026
Find cases:
SyfertCases citing this section
CA-LEGleginfo.legislature.ca.gov
JustiaCode on Justia
CornellLII Search
CasesGoogle Scholar
(a)A transferee who fails to survive the transferor of an at-death transfer or until any future time required by the instrument does not take under the instrument.
(b)If it cannot be determined by clear and convincing evidence that the transferee survived until a future time required by the instrument, it is deemed that the transferee did not survive until the required future time.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2014–2024 · leading case: In Re Elijah & Mary Stiny Trusts (E.D. Ark. 2024).
In Re Elijah & Mary Stiny Trusts (E.D. Ark. 2024). “CAL. PROB. CODE §§ 21109 & 21110(a). The anti-lapse statute does not apply; Mrs.”
Lidstrom v. Wilson-Blank CA2/1 (Cal. Ct. App. 2014). “In any event, Probate Code section 21109 is inapplicable because it concerns only “an at-death transfer,” which Probate Code section 21104 defines as limited to transfers that are revocable during the lifetime of the transferor.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.