ARTICLE 6. Statements Relating to Wills and to Claims Against Estates [1260. - 1261.]

Cal. Evidence Code - EVID 6.

in effect

Cal. Evidence Code - EVID § 1260. Section 1260.

(a) Except as provided in subdivision (b), evidence of any of the following statements made by a declarant who is unavailable as a witness is not made inadmissible by the hearsay rule: (1) That the declarant has or has not made a will or established or amended a revocable trust. (2) That the declarant has or has not revoked his or her will, revocable trust, or an amendment to a revocable trust. (3) That identifies the declarant’s will, revocable trust, or an amendment to a revocable trust. (b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances that indicate its lack of trustworthiness.

Cal. Evidence Code - EVID § 1261. Section 1261.

(a) Evidence of a statement is not made inadmissible by the hearsay rule when offered in an action upon a claim or demand against the estate of the declarant if the statement was made upon the personal knowledge of the declarant at a time when the matter had been recently perceived by him and while his recollection was clear. (b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026