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HomeEvidence CodeDiv. 10Ch. 2Art. 6§ 1261 Declarant Statements In Estate Claims

§ 1261 Declarant Statements In Estate Claims

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1261 Declarant Statements In Estate Claims

Key Takeaways

  • •If someone dies, their words about what they saw or knew can be used in court, even if it's hearsay.
  • •The words must be about something they saw or knew well, not just rumors.
  • •If the words seem untrustworthy, they can't be used in court.

Example

A man tells his friend, 'I saw my neighbor steal my bike.' Then the man dies. Later, his friend tells the court what the man said.

The man's words can be used in court because he saw it himself and remembered it clearly. But if he was joking or lying, the court won't allow it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1261 Declarant Statements In Estate Claims

(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. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

hearsay rulepersonal knowledgerecently perceivedrecollection was clearlack of trustworthiness

Related Statutes

  • § 1260 Will And Trust Statements
  • § 1242 Dying Declarations Admissibility
  • § 1310 Family History Statements
  • § 1323 Boundary Statement Evidence
  • § 1220 Admissions Against Party

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1261.
View Official Source