Cal. Codes » Probate Code / DIVISION 2. GENERAL PROVISIONS / PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES / CHAPTER 1. Intestate Distribution System
California Codes

Cal. Probate Code § 240 (2026)

Intestate Distribution System

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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If a statute calls for property to be distributed or taken in the manner provided in this section, the property shall be divided into as many equal shares as there are living members of the nearest generation of issue then living and deceased members of that generation who leave issue then living, each living member of the nearest generation of issue then living receiving one share and the share of each deceased member of that generation who leaves issue then living being divided in the same manner among his or her then living issue.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1987–2023 · leading case: Arnold Davis v. Guam, 932 F.3d 822 (9th Cir. 2019).
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Arnold Davis v. Guam, 932 F.3d 822 (9th Cir. 2019). “§ 14-2103 (requiring passing of property based on lineage in the absence of a surviving spouse); Cal. Prob. Code §§ 240 , 6402 (same); Unif.”
Est. of Hawkins, 194 Cal. App. 3d 102 (Cal. Ct. App. 1987). “) [2] In 1985, Probate Code section 240 was amended (see Stats.”
Tendick v. Douglas, 194 Cal. App. 3d 102 (Cal. Ct. App. 1987). “) In 1985, Probate Code section 240 was amended (see Stats.”
Childress v. Barnes, No. A159217 (Cal. Ct. App. Dec. 15, 2020). “failed to dismiss the action “for not being brought to trial within five years after commencement,” the “real property was sold in the name of the referee (Phillip Campbell) and not the name of the owner(s) of record,” and the “judgment or order obtained, contained fraud,…”
Bronte v. Albarez, No. D079499 (Cal. Ct. App. Jan. 31, 2023). “” (Prob. Code, § 240.) 4 amended, the invalidity petition sought orders to have the 2018 trust declared invalid, the 2014 trust declared valid, and Albarez held liable for financial elder abuse and damages.”
Davis v. Guam, No. 1:11-cv-00035 (D. Guam July 30, 2019). “§ 14-2103 (requiring passing of property based on lineage in the absence of a surviving spouse); Cal. Prob. Code §§ 240 , 6402 (same); Unif.”
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