Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code.

“Account,” when used to mean a contract of deposit of funds between a depositor and a financial institution, includes a checking account, savings account, certificate of deposit, share account, mutual capital certificate, and other like arrangements.

“Account in an insured credit union” means a share account in a credit union, either federally chartered or state licensed, that is insured under Title II of the Federal Credit Union Act (12 U.S.C. Sec. 1781, et seq.).

“Beneficiary” means a person to whom a donative transfer of property is made or that person’s successor in interest, and:

“Child” means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved.

“Community property” means:

“Conservatee” includes a limited conservatee.

“Conservator” includes a limited conservator.

“Devise,” when used as a noun, means a disposition of real or personal property by will, and, when used as a verb, means to dispose of real or personal property by will.

“Dissolution of marriage” includes divorce.

“Family allowance” means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6.

“Fiduciary” means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code.

“Financial institution” means a state or national bank, state or federal savings and loan association or credit union, or like organization.

“General personal representative” is defined in subdivision (b) of Section 58.

“Heir” means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code.

“Instrument” means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property.

“Insured account in a financial institution” means an account in a bank, an account in an insured credit union, and an account in an insured savings and loan association, to the extent that the account is insured.

“Issue” of a person means all his or her lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent.

“Letters”:

“Parent” means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved.

“Pay-on-death account” or “P.O.D. account” is defined in Section 5140.

“Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity.

“Predeceased spouse” means a person who died before the decedent while married to the decedent, except that the term does not include any of the following:

decedent, participates in a marriage ceremony to a third person.

“Probate homestead” means a homestead provided for in Chapter 3 (commencing with Section 6520) of Part 3 of Division 6.

“Property” means anything that may be the subject of ownership and includes both real and personal property and any interest therein.

“Quasi-community property” means the following property, other than community property as defined in Section 28:

“Real property” includes a leasehold interest in real property.

“Revocable transfer on death deed” or “revocable TOD deed” means a revocable transfer on death deed as described in Section 5614.

“Security” includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing.

“Spouse” includes domestic partner, as defined in Section 37 of this code, as required by Section 297.5 of the Family Code.

“State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

A “subscribing witness” to a will means a witness who signs the will as provided in Section 6110.

“Surviving spouse” does not include any of the following:

judgment is not recognized as valid in this state, unless they (1) subsequently participate in a marriage ceremony purporting to marry each to the other or (2) subsequently live together as spouses.

“Totten trust account” means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account. In a Totten trust account, it is not essential that payment to the beneficiary be mentioned in the deposit agreement. A Totten trust account does not include (1) a regular trust account under a testamentary trust or a trust agreement which has significance apart from the account or (2) a fiduciary account arising from a fiduciary relation such as attorney-client.

“Transferor” means the testator, settlor, grantor, owner, or other person who executes an instrument.

“Transferee” means the beneficiary, donee, or other recipient of an interest transferred by an instrument.

“Trust company” means an entity that has qualified to engage in and conduct a trust business in this state.

“Trustee” includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.

“Undue influence” has the same meaning as defined in Section 15610.70 of the Welfare and Institutions Code. It is the intent of the Legislature that this section supplement the common law meaning of undue influence without superseding or interfering with the operation of that law.

“Will” includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will.