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English: This instrument brings into force new rules relating to non-contentious probate matters. They replace the existing non-contentious probate rules made in 1954 (as amended) and reflect changes in law and practice since that time.
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The California Codes are 29 legal codes enacted by the California State Legislature, which, alongside uncodified acts, form the general statutory law of California. The official codes are maintained by the California Office of Legislative Counsel for the legislature.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
In the United States, attestation clauses were formally introduced into probate law with the promulgation of the first version of the Model Probate Code in the 1940s. Statutes that authorize self-proved wills typically provide that a will that contains this language will be admitted to probate without affidavits from the attesting witnesses. [2]
Drafting of the Uniform Probate Code began in 1964. The final version of the original UPC was promulgated in 1969 as a joint project between NCCUSL and the Real Property, Probate and Trust Law Section of the American Bar Association. Richard V. Wellman served as Chief Reporter on the project.
Bernard Witkin's Summary of California Law, a legal treatise popular with California judges and lawyers. The Constitution of California is the foremost source of state law. . Legislation is enacted within the California Statutes, which in turn have been codified into the 29 California Co
However, §58 permits courts to accept wills as valid that do not fulfill the formal validity requirements of the law, provided the court is satisfied the will represents the testamentary intentions of the deceased. The law explicitly allows for electronic documents, as well as handwritten changes to existing wills. [37] [38]