Cal. Probate Code § 254 : California Probate Code — General Provisions — Final judgment conclusive; absence of final judgment Date: 31 Aug 2016 TEXT PDF Current through the 2016 Legislative Session (a) A final judgment of conviction of felonious and intentional killing is conclusive for purposes of this part. (b) In the absence of a final judgment of conviction of felonious and intentional killing, the court may determine by a preponderance of evidence whether the killing was felonious and intentional for purposes of this part. The burden of proof is on the party seeking to establish that the killing was felonious and intentional for the purposes of this part. Ca. Prob. Code § 254