California Probate Code

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• California Probate Code Section 1
  This code shall be known as the Probate Code.
• California Probate Code Section 2
  (a) A provision of this code, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall...
• California Probate Code Section 3
  (a) As used in this section: (1) "New law" means either of the following, as the case may be: (A) The act that enacted this...
• California Probate Code Section 4
  Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
• California Probate Code Section 5
  If a notice or other communication is required by this code to be mailed by registered mail, the mailing of the notice or other communication...
• California Probate Code Section 6
  Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code.
• California Probate Code Section 7
  Whenever a reference is made to any portion of this code or to any other law, the reference applies to all amendments and additions heretofore...
• California Probate Code Section 8
  Unless otherwise expressly stated: (a) "Division" means a division of this code. (b) "Part" means a part of the division in which that term occurs....
• California Probate Code Section 9
  The present tense includes the past and future tenses, and the future, the present.
• California Probate Code Section 10
  The singular number includes the plural, and the plural, the singular.
• California Probate Code Section 11
  If any provision or clause of this code or application thereof to any person or circumstances is held invalid, the invalidity does not affect other...
• California Probate Code Section 12
  "Shall" is mandatory and "may" is permissive.
• California Probate Code Section 20
  Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code.
• California Probate Code Section 21
  "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...
• California Probate Code Section 22
  "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...
• California Probate Code Section 23
  (a) "Account in an insured savings and loan association" means a savings account or mutual capital certificate of either of the following: (1) A federal...
• California Probate Code Section 24
  "Beneficiary" means a person to whom a donative transfer of property is made or that person's successor in interest, and: (a) As it relates to...
• California Probate Code Section 26
  "Child" means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved.
• California Probate Code Section 28
  "Community property" means: (a) Community property heretofore or hereafter acquired during marriage by a married person while domiciled in this state. (b) All personal property...
• California Probate Code Section 29
  "Conservatee" includes a limited conservatee.
• California Probate Code Section 30
  "Conservator" includes a limited conservator.
• California Probate Code Section 32
  "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...
• California Probate Code Section 34
  (a) "Devisee" means any person designated in a will to receive a devise. (b) In the case of a devise to an existing trust or...
• California Probate Code Section 36
  "Dissolution of marriage" includes divorce.
• California Probate Code Section 37
  (a) "Domestic partner" means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2.5...
• California Probate Code Section 38
  "Family allowance" means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6.
• California Probate Code Section 39
  "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...
• California Probate Code Section 40
  "Financial institution" means a state or national bank, state or federal savings and loan association or credit union, or like organization.
• California Probate Code Section 42
  "General personal representative" is defined in subdivision (b) of Section 58.
• California Probate Code Section 44
  "Heir" means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code.
• California Probate Code Section 45
  "Instrument" means a will, trust, deed, or other writing that designates a beneficiary or makes a donative transfer of property.
• California Probate Code Section 46
  "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...
• California Probate Code Section 48
  (a) Subject to subdivision (b), "interested person" includes any of the following: (1) An heir, devisee, child, spouse, creditor, beneficiary, and any other person having...
• California Probate Code Section 50
  "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...
• California Probate Code Section 52
  "Letters": (a) As it relates to a personal representative, means letters testamentary, letters of administration, letters of administration with the will annexed, or letters of...
• California Probate Code Section 54
  "Parent" means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved.
• California Probate Code Section 55
  "Pay-on-death account" or "P.O.D. account" is defined in Section 5140.
• California Probate Code Section 56
  "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity.
• California Probate Code Section 58
  (a) "Personal representative" means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a...
• California Probate Code Section 59
  "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...
• California Probate Code Section 60
  "Probate homestead" means a homestead provided for in Chapter 3 (commencing with Section 6520) of Part 3 of Division 6.
• California Probate Code Section 60.1
  (a) "Professional fiduciary" means a person who is a professional fiduciary as defined under subdivision (f) of Section 6501 of the Business and Professions Code....
• California Probate Code Section 62
  "Property" means anything that may be the subject of ownership and includes both real and personal property and any interest therein.
• California Probate Code Section 66
  "Quasi-community property" means the following property, other than community property as defined in Section 28: (a) All personal property wherever situated, and all real property...
• California Probate Code Section 68
  "Real property" includes a leasehold interest in real property.
• California Probate Code Section 70
  "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...
• California Probate Code Section 74
  "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...
• California Probate Code Section 76
  A "subscribing witness" to a will means a witness who signs the will as provided in Section 6110.
• California Probate Code Section 78
  "Surviving spouse" does not include any of the following: (a) A person whose marriage to the decedent has been dissolved or annulled, unless, by virtue...
• California Probate Code Section 80
  "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...
• California Probate Code Section 81
  "Transferor" means the testator, settlor, grantor, owner, or other person who executes an instrument.
• California Probate Code Section 81.5
  "Transferee" means the beneficiary, donee, or other recipient of an interest transferred by an instrument.
• California Probate Code Section 82
  (a) "Trust" includes the following: (1) An express trust, private or charitable, with additions thereto, wherever and however created. (2) A trust created or determined...
• California Probate Code Section 83
  "Trust company" means an entity that has qualified to engage in and conduct a trust business in this state.
• California Probate Code Section 84
  "Trustee" includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.
• California Probate Code Section 88
  "Will" includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will.
• California Probate Code Section 100
  (a) Upon the death of a married person, one-half of the community property belongs to the surviving spouse and the other half belongs to the...
• California Probate Code Section 101
  (a) Upon the death of a married person domiciled in this state, one-half of the decedent's quasi-community property belongs to the surviving spouse and the...
• California Probate Code Section 102
  (a) The decedent's surviving spouse may require the transferee of property in which the surviving spouse had an expectancy under Section 101 at the time...
• California Probate Code Section 103
  Except as provided by Section 224, if a husband and wife die leaving community or quasi-community property and it cannot be established by clear and...
• California Probate Code Section 104
  Notwithstanding Section 100, community property held in a revocable trust described in Section 761 of the Family Code is governed by the provisions, if any,...
• California Probate Code Section 104.5
  Transfer of community and quasi-community property to a revocable trust shall be presumed to be an agreement, pursuant to Sections 100 and 101, that those...
• California Probate Code Section 105
  This part does not apply where the decedent died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply...
• California Probate Code Section 120
  If a married person dies not domiciled in this state and leaves a valid will disposing of real property in this state which is not...
• California Probate Code Section 140
  As used in this chapter, "waiver" means a waiver by the surviving spouse of any of the rights listed in subdivision (a) of Section 141,...
• California Probate Code Section 141
  (a) The right of a surviving spouse to any of the following may be waived in whole or in part by a waiver under this...
• California Probate Code Section 142
  (a) A waiver under this chapter shall be in writing and shall be signed by the surviving spouse. (b) Subject to subdivision (c), a waiver...
• California Probate Code Section 143
  (a) Subject to Section 142, a waiver is enforceable under this section unless the surviving spouse proves either of the following: (1) A fair and...
• California Probate Code Section 144
  (a) Except as provided in subdivision (b), subject to Section 142, a waiver is enforceable under this section if the court determines either of the...
• California Probate Code Section 145
  Unless the waiver or property settlement provides to the contrary, a waiver under this chapter of "all rights" (or equivalent language) in the property or...
• California Probate Code Section 146
  (a) As used in this section, "agreement" means a written agreement signed by each spouse or prospective spouse altering, amending, or revoking a waiver under...
• California Probate Code Section 147
  (a) Subject to subdivisions (c) and (d), a waiver, agreement, or property settlement made after December 31, 1984, is invalid insofar as it affects the...
• California Probate Code Section 200
  If title to or an interest in real or personal property is affected by the death of a person, another person who claims an interest...
• California Probate Code Section 201
  (a) Proceedings under this chapter shall be commenced in the superior court of the county of which the decedent was a resident at the time...
• California Probate Code Section 202
  If proceedings for the administration of the decedent's estate are pending, proceedings under this chapter may be combined with the administration proceedings in the following...
• California Probate Code Section 203
  (a) Except as provided in subdivision (b), notice of the hearing shall be given as provided in Section 1220. (b) If the person who commenced...
• California Probate Code Section 204
  (a) The petition and supporting affidavits may be received in evidence and acted upon by the court with the same force and effect as if...
• California Probate Code Section 210
  If title to real property is affected by the death of a person, any person may record in the county in which the property is...
• California Probate Code Section 211
  (a) A document establishing the fact of death recorded pursuant to this chapter is subject to all statutory requirements for recorded documents. (b) The county...
• California Probate Code Section 212
  A document establishing the fact of the death of a person recorded pursuant to this chapter is prima facie evidence of the death insofar as...
• California Probate Code Section 215
  Where a deceased person has received or may have received health care under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section...
• California Probate Code Section 216
  When a deceased person has an heir who is confined in a prison or facility under the jurisdiction of the Department of Corrections or the...
• California Probate Code Section 217
  (a) A business that receives an oral or written request from a family member, attorney, or personal representative of a deceased person to cancel that...
• California Probate Code Section 220
  Except as otherwise provided in this chapter, if the title to property or the devolution of property depends upon priority of death and it cannot...
• California Probate Code Section 221
  (a) This chapter does not apply in any case where Section 103, 6211, or 6403 applies. (b) This chapter does not apply in the case...
• California Probate Code Section 222
  (a) If property is so disposed of that the right of a beneficiary to succeed to any interest in the property is conditional upon surviving...
• California Probate Code Section 223
  (a) As used in this section, "joint tenants" includes owners of property held under circumstances that entitled one or more to the whole of the...
• California Probate Code Section 224
  If the insured and a beneficiary under a policy of life or accident insurance have died and it cannot be established by clear and convincing...
• California Probate Code Section 226
  This chapter does not apply where a person the priority of whose death is in issue died before January 1, 1985, and the law applicable...
• California Probate Code Section 230
  A petition may be filed under this chapter for any one or more of the following purposes: (a) To determine for the purposes of Section...
• California Probate Code Section 231
  A petition may be filed under this chapter by any of the following: (a) The personal representative of any person the priority of whose death...
• California Probate Code Section 232
  (a) The petition shall be filed in the estate proceeding in which the person filing the petition received his or her appointment or in the...
• California Probate Code Section 233
  Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) The personal representative...
• California Probate Code Section 234
  If the court determines that the named persons are dead and that it has not been established by clear and convincing evidence that one person...
• California Probate Code Section 240
  If a statute calls for property to be distributed or taken in the manner provided in this section, the property shall be divided into as...
• California Probate Code Section 241
  Section 240 does not apply where the death of the decedent in the case of intestate succession or of the testator, settlor, or other transferor...
• California Probate Code Section 245
  (a) Where a will, trust, or other instrument calls for property to be distributed or taken "in the manner provided in Section 240 of the...
• California Probate Code Section 246
  (a) Where a will, trust, or other instrument calls for property to be distributed or taken "in the manner provided in Section 246 of the...
• California Probate Code Section 247
  (a) Where a will, trust, or other instrument calls for property to be distributed or taken "in the manner provided in Section 247 of the...
• California Probate Code Section 248
  When title to real or personal property, or any interest therein, vests, other than by laws of succession, on the heirs, heirs of the body,...
• California Probate Code Section 248.5
  The clerk shall set the petition for hearing by the court and give notice thereof in the manner provided in Sections 1230 and 1260. The...
• California Probate Code Section 249
  At any time before the hearing any person interested in the property may answer the petition and deny any of the matters contained therein. The...
• California Probate Code Section 249.5
  For purposes of determining rights to property to be distributed upon the death of a decedent, a child of the decedent conceived and born after...
• California Probate Code Section 249.6
  (a) Upon timely receipt of the notice required by Section 249.5 or actual knowledge by a person who has the power to control the distribution...
• California Probate Code Section 249.7
  If the written notice required pursuant to Section 249.5 is not given in a timely manner to any person who has the power to control...
• California Probate Code Section 249.8
  Notwithstanding Section 249.6, any interested person may file a petition in the manner prescribed in Section 248 or 17200 requesting a distribution of property of...
• California Probate Code Section 250
  (a) A person who feloniously and intentionally kills the decedent is not entitled to any of the following: (1) Any property, interest, or benefit under...
• California Probate Code Section 251
  A joint tenant who feloniously and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share...
• California Probate Code Section 252
  A named beneficiary of a bond, life insurance policy, or other contractual arrangement who feloniously and intentionally kills the principal obligee or the person upon...
• California Probate Code Section 253
  In any case not described in Section 250, 251, or 252 in which one person feloniously and intentionally kills another, any acquisition of property, interest,...
• California Probate Code Section 254
  (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...
• California Probate Code Section 255
  This part does not affect the rights of any person who, before rights under this part have been adjudicated, purchases from the killer for value...
• California Probate Code Section 256
  An insurance company, financial institution, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of...
• California Probate Code Section 257
  This part does not apply where the decedent was killed before January 1, 1985; and the law applicable prior to January 1, 1985, continues to...
• California Probate Code Section 258
  A person who feloniously and intentionally kills the decedent is not entitled to bring an action for wrongful death of the decedent or to benefit...
• California Probate Code Section 259
  (a) Any person shall be deemed to have predeceased a decedent to the extent provided in subdivision (c) where all of the following apply: (1)...
• California Probate Code Section 260
  Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
• California Probate Code Section 262
  "Beneficiary" means the person entitled, but for the person's disclaimer, to take an interest.
• California Probate Code Section 263
  (a) "Creator of the interest" means a person who establishes, declares, creates, or otherwise brings into existence an interest. (b) "Creator of the interest" includes,...
• California Probate Code Section 264
  "Disclaimant" means a beneficiary who executes a disclaimer on his or her own behalf or a person who executes a disclaimer on behalf of a
• California Probate Code Section 265
  "Disclaimer" means any writing which declines, refuses, renounces, or disclaims any interest that would otherwise be taken by a beneficiary.
• California Probate Code Section 266
  "Employee benefit plan" includes, but is not limited to, any pension, retirement, death benefit, stock bonus, or profit-sharing plan, system, or trust.
• California Probate Code Section 267
  (a) "Interest" includes the whole of any property, real or personal, legal or equitable, or any fractional part, share, or particular portion or specific assets...
• California Probate Code Section 275
  A beneficiary may disclaim any interest, in whole or in part, by filing a disclaimer as provided in this part.
• California Probate Code Section 276
  A disclaimer on behalf of a conservatee shall be made by the conservator of the estate of the conservatee pursuant to a court order obtained...
• California Probate Code Section 277
  (a) A disclaimer on behalf of a minor shall be made by the guardian of the estate of the minor if one has been appointed...
• California Probate Code Section 278
  The disclaimer shall be in writing, shall be signed by the disclaimant, and shall: (a) Identify the creator of the interest. (b) Describe the interest...
• California Probate Code Section 279
  (a) A disclaimer to be effective shall be filed within a reasonable time after the person able to disclaim acquires knowledge of the interest. (b)...
• California Probate Code Section 280
  (a) A disclaimer shall be filed with any of the following: (1) The superior court in the county in which the estate of the decedent...
• California Probate Code Section 281
  A disclaimer, when effective, is irrevocable and binding upon the beneficiary and all persons claiming by, through, or under the beneficiary, including creditors of the
• California Probate Code Section 282
  (a) Unless the creator of the interest provides for a specific disposition of the interest in the event of a disclaimer, the interest disclaimed shall...
• California Probate Code Section 283
  A disclaimer is not a fraudulent transfer by the beneficiary under Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division...
• California Probate Code Section 284
  A person who could file a disclaimer under this part may instead file a written waiver of the right to disclaim. The waiver shall specify...
• California Probate Code Section 285
  (a) A disclaimer may not be made after the beneficiary has accepted the interest sought to be disclaimed. (b) For the purpose of this section,...
• California Probate Code Section 286
  The right to disclaim exists regardless of any limitation imposed on the interest of a beneficiary in the nature of an expressed or implied spendthrift...
• California Probate Code Section 287
  An interest created before January 1, 1984, that has not been accepted may be disclaimed after December 31, 1983, in the manner provided in this...
• California Probate Code Section 288
  This part does not limit or abridge any right a person may have under any other law to assign, convey, or release any property or...
• California Probate Code Section 295
  Notwithstanding any other provision of this part, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to...
• California Probate Code Section 300
  A trust company may be appointed to act as a personal representative, guardian or conservator of an estate, or trustee, in the same manner as...
• California Probate Code Section 301
  (a) A trust company appointed to act as a personal representative, or guardian or conservator of an estate, may not be required to give a...
• California Probate Code Section 330
  (a) Except as provided in subdivision (b), a public administrator, government official, law enforcement agency, the hospital or institution in which a decedent died, or...
• California Probate Code Section 331
  (a) This section applies only to a safe deposit box in a financial institution held by the decedent in the decedent's sole name, or held...
• California Probate Code Section 350
  This part may be cited as the Fiduciaries' Wartime Substitution Law.
• California Probate Code Section 351
  Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
• California Probate Code Section 352
  "Consultant" means a person, other than a trustee, designated in a trust to advise or direct the trustee concerning the trust, or whose consent or...
• California Probate Code Section 353
  "Estate" means a trust estate, a decedent's estate, a guardianship or conservatorship estate, or other property that is the subject of a donative transfer.
• California Probate Code Section 354
  "Interested person" means, in addition to the meaning given that term in Section 48, a person having a property right in or claim against a...
• California Probate Code Section 355
  "Original fiduciary" means a fiduciary who is replaced by a substitute fiduciary or who makes a delegation of power under this part.
• California Probate Code Section 356
  A fiduciary or consultant is engaged in war service for the purpose of this part in each of the following cases: (a) Where the person...
• California Probate Code Section 360
  This part applies to all fiduciaries and consultants, whether appointed or acting before, on, or after July 1, 1989.
• California Probate Code Section 361
  This part does not apply to the extent an otherwise valid provision in an instrument provides a different or contrary rule or is otherwise inconsistent...
• California Probate Code Section 365
  Proceedings under this part are in the court having jurisdiction over the estate or, if none, any court in which jurisdiction of the estate is
• California Probate Code Section 366
  Notice of a hearing under this part shall be mailed at least 15 days before the hearing to each fiduciary and consultant and to the...
• California Probate Code Section 370
  If a fiduciary is engaged in war service, on petition of the fiduciary, a cofiduciary, or an interested person, the court may do any one...
• California Probate Code Section 371
  A substitute fiduciary has all the powers, including discretionary powers, that the original fiduciary had, except powers that the court determines are purely personal to...
• California Probate Code Section 372
  Except as otherwise ordered by the court, a substitute fiduciary shall give a bond in the manner and to the extent provided by law for...
• California Probate Code Section 373
  After the expiration of an original fiduciary's war service, if the estate has not been closed, the original fiduciary, on petition, is entitled to reinstatement...
• California Probate Code Section 374
  A substitute fiduciary or an original fiduciary reinstated under Section 373 is not liable for the acts or omissions of the predecessor fiduciary.
• California Probate Code Section 380
  (a) A fiduciary who is or will be engaged in war service may delegate the fiduciary's powers, including discretionary powers, to a fiduciary who is...
• California Probate Code Section 381
  The right of delegation does not exist to the extent the court determines that powers to be delegated are purely personal to the original fiduciary.
• California Probate Code Section 382
  After the expiration of the original fiduciary's war service, the court may, on petition of the original fiduciary, authorize the original fiduciary to resume the...
• California Probate Code Section 383
  The original fiduciary is not liable for the acts or omissions of the delegate.
• California Probate Code Section 385
  (a) A consultant who is or will be engaged in war service may delegate the powers of the consultant, including discretionary powers, to a coconsultant...
• California Probate Code Section 386
  If a consultant who is engaged in war service does not delegate the consultant's powers, the court, on petition of the trustee or an interested...
• California Probate Code Section 387
  If a consultant has delegated or the court has suspended the powers of the consultant, the court may, on petition by the consultant within six...
• California Probate Code Section 388
  A consultant who delegates powers under this article is not liable for the acts or omissions of the delegate.
• California Probate Code Section 400
  (a) The Controller shall appoint at least one person in each county to act as a probate referee for the county. (b) If there are...
• California Probate Code Section 401
  (a) Appointment shall be from among persons passing a qualification examination. A person who passes the examination is eligible for appointment for a period of...
• California Probate Code Section 402
  (a) The qualification examination for applicants for appointment to act as a probate referee shall be held at times and places within the state determined...
• California Probate Code Section 403
  (a) The term of office of a probate referee is four years, expiring June 30. A person may be appointed to complete the unexpired term...
• California Probate Code Section 404
  (a) The Controller shall establish and may amend standards of training, performance, and ethics of probate referees. The standards are a public record. (b) The...
• California Probate Code Section 405
  Notwithstanding Section 404, the Controller may, at the Controller's pleasure, revoke the appointment of a person to act as a probate referee. Under this section,...
• California Probate Code Section 406
  (a) The authority of a person to act as a probate referee ceases immediately upon expiration of the person's term of office, revocation of the...
• California Probate Code Section 407
  (a) As used in this section, "prohibited political activity" means directly or indirectly soliciting, receiving, or contributing, or being in any manner involved in soliciting,...
• California Probate Code Section 408
  The appointment of a probate referee by the Controller before July 1, 1989, is not invalidated by the repeal of the law under which the...
• California Probate Code Section 450
  Upon designation by the court, the probate referee has all the powers of a referee of the superior court and all other powers provided in...
• California Probate Code Section 451
  (a) For the purpose of appraisal of property in the estate, the probate referee may require, and may issue a subpoena to compel, the appearance...
• California Probate Code Section 452
  (a) The probate referee may: (1) Examine and take the testimony under oath of a person appearing before the referee. (2) Require, and issue a...
• California Probate Code Section 453
  (a) On petition of a person required to appear before the probate referee pursuant to this chapter, the court may make a protective order to...
• California Probate Code Section 550
  (a) Subject to the provisions of this chapter, an action to establish the decedent's liability for which the decedent was protected by insurance may be...
• California Probate Code Section 551
  Notwithstanding Section 366.2 of the Code of Civil Procedure, if the limitations period otherwise applicable to the action has not expired at the time of...
• California Probate Code Section 552
  (a) An action under this chapter shall name as the defendant, "Estate of (name of decedent), Deceased." Summons shall be served on a person designated...
• California Probate Code Section 553
  The insurer may deny or otherwise contest its liability in an action under this chapter or by an independent action. Unless the personal representative is...
• California Probate Code Section 554
  (a) Except as provided in subdivision (b), either the damages sought in an action under this chapter shall be within the limits and coverage of...
• California Probate Code Section 555
  (a) This chapter does not apply to an action commenced before July 1, 1989. (b) The applicable law in effect before July 1, 1989, continues...
• California Probate Code Section 600
  Except to the extent that the common law rules governing powers of appointment are modified by statute, the common law as to powers of appointment...
• California Probate Code Section 601
  If the law existing at the time of the creation of a power of appointment and the law existing at the time of the release...
• California Probate Code Section 610
  As used in this part: (a) "Appointee" means the person in whose favor a power of appointment is exercised. (b) "Appointive property" means the property...
• California Probate Code Section 611
  (a) A power of appointment is "general" only to the extent that it is exercisable in favor of the donee, the donee's estate, the donee's...
• California Probate Code Section 612
  (a) A power of appointment is "testamentary" if it is exercisable only by a will. (b) A power of appointment is "presently exercisable" at the...
• California Probate Code Section 613
  A power of appointment is "imperative" where the creating instrument manifests an intent that the permissible appointees be benefited even if the donee fails to...
• California Probate Code Section 620
  A power of appointment can be created only by a donor having the capacity to transfer the interest in property to which the power relates.
• California Probate Code Section 625
  (a) A power of appointment can be exercised only by a donee having the capacity to transfer the interest in property to which the power...
• California Probate Code Section 630
  (a) Except as otherwise provided in this part, if the creating instrument specifies requirements as to the manner, time, and conditions of the exercise of...
• California Probate Code Section 631
  (a) Where an appointment does not satisfy the formal requirements specified in the creating instrument as provided in subdivision (a) of Section 630, the court...
• California Probate Code Section 632
  If the creating instrument expressly directs that a power of appointment be exercised by an instrument that makes a specific reference to the power or...
• California Probate Code Section 633
  (a) If the creating instrument requires the consent of the donor or other person to exercise a power of appointment, the power can only be...
• California Probate Code Section 634
  A power of appointment created in favor of two or more donees can only be exercised when all of the donees unite in its exercise....
• California Probate Code Section 635
  Nothing in this chapter affects the power of a court of competent jurisdiction to remedy a defective exercise of an imperative power of appointment.
• California Probate Code Section 640
  (a) The exercise of a power of appointment requires a manifestation of the donee's intent to exercise the power. (b) A manifestation of the donee's...
• California Probate Code Section 641
  (a) A general residuary clause in a will, or a will making general disposition of all the testator's property, does not exercise a power of...
• California Probate Code Section 642
  If a power of appointment existing at the donee's death, but created after the execution of the donee's will, is exercised by the will, the...
• California Probate Code Section 650
  (a) The donee of a general power of appointment may make an appointment: (1) Of all of the appointive property at one time, or several...
• California Probate Code Section 651
  Subject to the limitations imposed by the creating instrument, the donee of a special power may make any of the types of appointment permissible for...
• California Probate Code Section 652
  (a) Except as provided in subdivision (b), the donee of a special power of appointment may appoint the whole or any part of the appointive...
• California Probate Code Section 660
  (a) The donee of a power of appointment that is presently exercisable, whether general or special, can contract to make an appointment to the same...
• California Probate Code Section 661
  (a) Unless the creating instrument otherwise provides, a general or special power of appointment that is a discretionary power, whether testamentary or otherwise, may be...
• California Probate Code Section 662
  (a) A release on behalf of a minor donee shall be made by the guardian of the estate of the minor pursuant to an order...
• California Probate Code Section 670
  An exercise of a power of appointment is not void solely because it is more extensive than authorized by the power, but is valid to...
• California Probate Code Section 671
  (a) Unless the creating instrument or the donee, in writing, manifests a contrary intent, where the donee dies without having exercised an imperative power of...
• California Probate Code Section 672
  (a) Except as provided in subdivision (b), if the donee of a discretionary power of appointment fails to appoint the property, releases the entire power,...
• California Probate Code Section 673
  (a) Except as provided in subdivision (b), if an appointment by will or by instrument effective only at the death of the donee is ineffective...
• California Probate Code Section 674
  (a) Unless the creating instrument expressly provides otherwise, if a permissible appointee dies before the exercise of a special power of appointment, the donee has...
• California Probate Code Section 680
  The donor of a power of appointment cannot nullify or alter the rights given creditors of the donee by Sections 682, 683, and 684 by...
• California Probate Code Section 681
  Property covered by a special power of appointment is not subject to the claims of creditors of the donee or of the donee's estate or...
• California Probate Code Section 682
  (a) To the extent that the property owned by the donee is inadequate to satisfy the claims of the donee's creditors, property subject to a...
• California Probate Code Section 683
  Property subject to an unexercised general power of appointment created by the donor in the donor's favor, whether or not presently exercisable, is subject to...
• California Probate Code Section 684
  For the purposes of Sections 682 and 683, a person to whom the donee owes an obligation of support shall be considered a creditor of...
• California Probate Code Section 690
  The statutory rule against perpetuities provided by Part 2 (commencing with Section 21200) of Division 11 applies to powers of appointment governed by this part.
• California Probate Code Section 695
  (a) Unless the power to revoke is in the creating instrument or exists pursuant to Section 15400, the creation of a power of appointment is...
• California Probate Code Section 700
  Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
• California Probate Code Section 701
  "Attorney" means an individual licensed to practice law in this state.
• California Probate Code Section 702
  "Deposit" means delivery of a document by a depositor to an attorney for safekeeping or authorization by a depositor for an attorney to retain a...
• California Probate Code Section 703
  "Depositor" means a natural person who deposits the person's document with an attorney.
• California Probate Code Section 704
  "Document" means any of the following: (a) A signed original will, declaration of trust, trust amendment, or other document modifying a will or trust. (b)...
• California Probate Code Section 710
  If a document is deposited with an attorney, the attorney, and a successor attorney that accepts transfer of the document, shall use ordinary care for...
• California Probate Code Section 711
  If a document deposited with an attorney is lost or destroyed, the attorney shall give notice of the loss or destruction to the depositor by...
• California Probate Code Section 712
  Notwithstanding failure of an attorney to satisfy the standard of care required by Section 710 or 716, the attorney is not liable for loss or...
• California Probate Code Section 713
  The acceptance by an attorney of a document for deposit imposes no duty on the attorney to do either of the following: (a) Inquire into...
• California Probate Code Section 714
  (a) If so provided in a written agreement signed by the depositor, an attorney may charge the depositor for compensation and expenses incurred in safekeeping...
• California Probate Code Section 715
  An attorney may give written notice to a depositor, and obtain written acknowledgment from the depositor, in the following form: NOTICE AND ACKNOWLEDGMENT To: _____________________...
• California Probate Code Section 716
  Notwithstanding Section 710, if an attorney has given written notice to the depositor, and has obtained written acknowledgment from the depositor, in substantially the form...
• California Probate Code Section 720
  A depositor may terminate a deposit on demand, in which case the attorney shall deliver the document to the depositor.
• California Probate Code Section 730
  An attorney with whom a document has been deposited, or to whom a document has been transferred pursuant to this article, may terminate the deposit...
• California Probate Code Section 731
  An attorney may terminate the deposit by one of the following methods: (a) Personal delivery of the document to the depositor. (b) Mailing the document...
• California Probate Code Section 732
  (a) An attorney may terminate a deposit under this section if the attorney has mailed notice to reclaim the document to the depositor's last known...
• California Probate Code Section 733
  (a) An attorney transferring one or more documents under Section 732 shall mail notice of the transfer to the State Bar of California. The notice...
• California Probate Code Section 734
  (a) In cases not governed by subdivision (b) or (c), after the death of the depositor an attorney may terminate a deposit by personal delivery...
• California Probate Code Section 735
  (a) If the attorney is deceased or lacks legal capacity, a deposit may be terminated as provided in this article by the attorney' s law...
• California Probate Code Section 800
  The court in proceedings under this code is a court of general jurisdiction and the court, or a judge of the court, has the same...
• California Probate Code Section 801
  The court, on its own motion or on the motion of any interested party, may order that an action or proceeding not specifically provided in...
• California Probate Code Section 810
  The Legislature finds and declares the following: (a) For purposes of this part, there shall exist a rebuttable presumption affecting the burden of proof that...
• California Probate Code Section 811
  (a) A determination that a person is of unsound mind or lacks the capacity to make a decision or do a certain act, including, but...
• California Probate Code Section 812
  Except where otherwise provided by law, including, but not limited to, Section 813 and the statutory and decisional law of testamentary capacity, a person lacks...
• California Probate Code Section 813
  (a) For purposes of a judicial determination, a person has the capacity to give informed consent to a proposed medical treatment if the person is...
• California Probate Code Section 825
  Except as otherwise expressly provided in this code, there is no right to a jury trial in proceedings under this code.
• California Probate Code Section 850
  (a) The following persons may file a petition requesting that the court make an order under this part: (1) A guardian, conservator, or any claimant,...
• California Probate Code Section 851
  (a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the...
• California Probate Code Section 852
  An interested person may request time for filing a response to the petition for discovery proceedings, or for other preparation for the hearing, and the...
• California Probate Code Section 853
  A person having or claiming title to or an interest in the property which is the subject of the petition may, at or prior to...
• California Probate Code Section 854
  If a civil action is pending with respect to the subject matter of a petition filed pursuant to this chapter and jurisdiction has been obtained...
• California Probate Code Section 855
  An action brought under this part may include claims, causes of action, or matters that are normally raised in a civil action to the extent...
• California Probate Code Section 856
  Except as provided in Sections 853 and 854, if the court is satisfied that a conveyance, transfer, or other order should be made, the court...
• California Probate Code Section 856.5
  The court may not grant a petition under this chapter if the court determines that the matter should be determined by a civil action.
• California Probate Code Section 857
  (a) The order is prima facie evidence of the correctness of the proceedings and of the authority of the personal representative or other fiduciary or...
• California Probate Code Section 858
  If a proceeding has been brought under this part by a conservator on behalf of a conservatee, or by a guardian on behalf of a...
• California Probate Code Section 859
  If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to the estate of a decedent,...
• California Probate Code Section 1000
  Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and proceedings under Title...
• California Probate Code Section 1001
  (a) The Judicial Council may provide by rule for the practice and procedure under this code. Unless disapproved by the Judicial Council, a court may...
• California Probate Code Section 1002
  Unless it is otherwise provided by this code or by rules adopted by the Judicial Council, either the superior court or the court on appeal...
• California Probate Code Section 1003
  (a) The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian...
• California Probate Code Section 1003.5
  The public guardian shall not be appointed as a guardian ad litem pursuant to Section 1003 unless the court, after reasonable notice and inquiry, finds...
• California Probate Code Section 1004
  If a proceeding under this code affects the title to or the right of possession of real property, notice of the pendency of the proceeding...
• California Probate Code Section 1020
  Except as provided in Section 1023, a petition, objection, response, report, or account filed pursuant to this code shall be in writing, signed by all...
• California Probate Code Section 1021
  (a) All of the following shall be verified: (1) A petition, report, or account filed pursuant to this code. (2) An objection or response filed...
• California Probate Code Section 1022
  An affidavit or verified petition shall be received as evidence when offered in an uncontested proceeding under this code.
• California Probate Code Section 1023
  If a petitioner, objector, or respondent is absent from the county or for some other cause is unable to sign or verify a petition, objection,...
• California Probate Code Section 1040
  This chapter governs the hearing of all matters under this code, except where the statute that provides for the hearing of the matter prescribes a...
• California Probate Code Section 1041
  When a petition, report, account, or other matter that requires a hearing is filed with the court clerk, the clerk shall set the matter for
• California Probate Code Section 1042
  A hearing under this code shall be on notice unless the statute that provides for the hearing dispenses with notice.
• California Probate Code Section 1043
  (a) An interested person may appear and make a response or objection in writing at or before the hearing. (b) An interested person may appear...
• California Probate Code Section 1044
  The petitioner or other party affirming is the plaintiff and the party objecting or responding is the defendant.
• California Probate Code Section 1045
  The court may continue or postpone any hearing, from time to time, in the interest of justice.
• California Probate Code Section 1046
  The court shall hear and determine any matter at issue and any response or objection presented, consider evidence presented, and make appropriate orders.
• California Probate Code Section 1047
  Except as otherwise provided in this code, an order made in a proceeding under this code need not recite the existence of facts, or the...
• California Probate Code Section 1048
  (a) Except as provided in subdivision (b), orders shall be either entered at length in the minute book of the court or signed by the...
• California Probate Code Section 1049
  An order may be enforced as provided in Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure.
• California Probate Code Section 1050
  The judgment roll in a proceeding under this code consists of the following papers, where applicable: (a) In all cases: (1) The petition, application, report,...
• California Probate Code Section 1051
  (a) In the absence of a stipulation to the contrary between parties who have filed pleadings in a proceeding under this code, there shall be...
• California Probate Code Section 1060
  This chapter governs all accounts to be filed with the court. Except as specifically provided elsewhere in this code, or unless good cause is shown...
• California Probate Code Section 1060.5
  This chapter shall be operative on and after July 1, 1997.
• California Probate Code Section 1061
  (a) All accounts shall state the period covered by the account and contain a summary showing all of the following, to the extent applicable: (1)...
• California Probate Code Section 1062
  The summary shall be supported by detailed schedules showing the following: (a) Receipts, showing the nature or purpose of each item, the source of the...
• California Probate Code Section 1063
  (a) In all accounts, there shall be an additional schedule showing the estimated market value of the assets on hand as of the end of...
• California Probate Code Section 1064
  (a) The petition for approval of the account or a report accompanying the petition shall contain all of the following: (1) A description of all...
• California Probate Code Section 1200
  (a) Except as otherwise provided in this code, this part governs notice required or permitted under this code. (b) This part does not apply to...
• California Probate Code Section 1201
  If a person is required to give notice, the person required to give the notice need not give the notice to himself or herself or...
• California Probate Code Section 1202
  Where the court determines that the notice otherwise required is insufficient in the particular circumstances, the court may require that further or additional notice, including...
• California Probate Code Section 1203
  (a) Subject to subdivision (b), unless the particular provision governing the notice of hearing provides that the time for giving notice may not be shortened,...
• California Probate Code Section 1204
  A person, including a guardian ad litem, guardian, conservator, trustee, or other fiduciary, may waive notice by a writing signed by the person or the...
• California Probate Code Section 1205
  If a hearing is continued or postponed, no further notice of the continued or postponed hearing is required unless ordered by the court.
• California Probate Code Section 1206
  (a) Subject to subdivision (b), where notice is required to be given to known heirs or known devisees, notice shall be given to the following...
• California Probate Code Section 1207
  (a) Subject to subdivision (b), where notice is required to be given to a decedent's beneficiaries, devisees, or heirs, notice need not be given to...
• California Probate Code Section 1208
  (a) Except as provided in subdivision (b), if notice is required to be given to a trust or trustee, notice to trust beneficiaries is not...
• California Probate Code Section 1209
  (a) Where notice is required to be given to the State of California, the notice shall be given to the Attorney General. (b) Where notice...
• California Probate Code Section 1210
  If an interested person has a guardian or conservator of the estate who resides in this state, personal service on the guardian or conservator of...
• California Probate Code Section 1211
  If a notice is required by this code and no other type of notice is prescribed by law, by the Judicial Council, or by the...
• California Probate Code Section 1212
  Unless the court dispenses with the notice, if the address of the person to whom a notice or other paper is required to be mailed...
• California Probate Code Section 1213
  (a) The following persons shall mail a notice, as described in Section 1211, to a surety who has filed a court bond in a proceeding:...
• California Probate Code Section 1214
  If a notice or other paper is required or permitted to be mailed, delivered, served, or otherwise given to a person who is represented by...
• California Probate Code Section 1215
  Unless otherwise expressly provided: (a) If a notice or other paper is required or permitted to be mailed to a person, the notice or other...
• California Probate Code Section 1216
  (a) If a notice or other paper is required or permitted to be mailed to a person, it may be delivered personally to that person....
• California Probate Code Section 1217
  If a notice or other paper is required to be served or otherwise given and no other manner of giving the notice or other paper...
• California Probate Code Section 1220
  (a) When notice of hearing is required to be given as provided in this section: (1) At least 15 days before the time set for...
• California Probate Code Section 1221
  Where notice of hearing is required but no other period or manner is prescribed by statute, unless the period or manner of giving the notice...
• California Probate Code Section 1230
  Where notice of hearing is required to be posted as provided in this section: (a) At least 15 days before the time set for the...
• California Probate Code Section 1240
  Where use of a citation is authorized or required by statute, a citation may be issued by the court clerk on the application of any...
• California Probate Code Section 1241
  The citation shall be directed to the person to be cited, signed by the court clerk, and issued under the seal of the court. The...
• California Probate Code Section 1242
  The citation shall be served on the person cited in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part...
• California Probate Code Section 1250
  (a) At any time after the issuance of letters in a proceeding under this code for the administration of a decedent's estate, any person interested...
• California Probate Code Section 1251
  A request for special notice under this chapter may be modified or withdrawn in the same manner as provided for the making of the initial
• California Probate Code Section 1252
  (a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant to Section 1250 for special notice of...
• California Probate Code Section 1260
  (a) If notice of a hearing is required, proof of giving notice of the hearing shall be made to the satisfaction of the court at...
• California Probate Code Section 1261
  Proof of mailing may be made in the manner prescribed in Section 1013a of the Code of Civil Procedure.
• California Probate Code Section 1262
  Proof of publication may be made by the affidavit of the publisher or printer, or the foreman or principal clerk of the publisher or printer,...
• California Probate Code Section 1263
  Proof of posting may be made by the affidavit of the person who posted the notice.
• California Probate Code Section 1264
  Proof of notice by personal delivery may be made by the affidavit of the person making the delivery showing the time and place of delivery...
• California Probate Code Section 1265
  Proof of notice, however given, may be made by evidence presented at the hearing.
• California Probate Code Section 1300
  In all proceedings governed by this code, an appeal may be taken from the making of, or the refusal to make, any of the following...
• California Probate Code Section 1301
  With respect to guardianships, conservatorships, and other protective proceedings, the grant or refusal to grant the following orders is appealable: (a) Granting or revoking of...
• California Probate Code Section 1302
  With respect to a power of attorney governed by the Power of Attorney Law (Division 4.5 (commencing with Section 4000)), an appeal may be taken...
• California Probate Code Section 1302.5
  With respect to an advance health care directive governed by the Health Care Decisions Law (Division 4.7 (commencing with Section 4600)), an appeal may be...
• California Probate Code Section 1303
  With respect to a decedent's estate, the grant or refusal to grant the following orders is appealable: (a) Granting or revoking letters to a personal...
• California Probate Code Section 1304
  With respect to a trust, the grant or denial of the following orders is appealable: (a) Any final order under Chapter 3 (commencing with Section...
• California Probate Code Section 1310
  (a) Except as provided in subdivisions (b), (c), (d), and (e), an appeal pursuant to Chapter 1 (commencing with Section 1300) stays the operation and...
• California Probate Code Section 1311
  If an order appointing a fiduciary is reversed on appeal for error, all acts of the fiduciary performed after issuance of letters and prior to...
• California Probate Code Section 1312
  Notwithstanding the repeal of former Section 1297 by Chapter 1199 of the Statutes of 1988, an appeal may be taken from an order or the...
• California Probate Code Section 1400
  The portion of this division consisting of Part 1 (commencing with Section 1400), Part 2 (commencing with Section 1500), Part 3 (commencing with Section 1800),...
• California Probate Code Section 1401
  Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
• California Probate Code Section 1403
  "Absentee" means either of the following: (a) A member of a uniformed service covered by United States Code, Title 37, Chapter 10, who is determined...
• California Probate Code Section 1418
  "Court," when used in connection with matters in the guardianship or conservatorship proceeding, means the court in which such proceeding is pending.
• California Probate Code Section 1419
  "Court investigator" means the person referred to in Section 1454.
• California Probate Code Section 1419.5
  "Custodial parent" means the parent who either (a) has been awarded sole legal and physical custody of the child in another proceeding, or (b) with...
• California Probate Code Section 1420
  "Developmental disability" means a disability which originates before an individual attains age 18, continues, or can be expected to continue, indefinitely, and constitutes a substantial...
• California Probate Code Section 1424
  "Interested person" includes, but is not limited to: (a) Any interested state, local, or federal entity or agency. (b) Any interested public officer or employee...
• California Probate Code Section 1430
  "Petition" includes an application or request in the nature of a petition.
• California Probate Code Section 1431
  "Proceedings to establish a limited conservatorship" include proceedings to modify or revoke the powers or duties of a limited conservator.
• California Probate Code Section 1440
  "Secretary concerned" has the same meaning as provided in United States Code, Title 37, Section 101.
• California Probate Code Section 1446
  "Single-premium deferred annuity" means an annuity offered by an admitted life insurer for the payment of a one-time lump-sum premium and for which the insurer...
• California Probate Code Section 1449
  (a) As used in this division, unless the context otherwise requires, the terms "Indian," "Indian child," "Indian child's tribe," "Indian custodian," "Indian tribe," "reservation," and...
• California Probate Code Section 1452
  Except as otherwise specifically provided in this division, there is no right to trial by jury in proceedings under this division.
• California Probate Code Section 1453
  A motion for a new trial may be made only in cases in which, under the provisions of this division, a right to jury trial...
• California Probate Code Section 1454
  (a) The court shall appoint a court investigator when one is required for the purposes of a proceeding under this division. The person appointed as...
• California Probate Code Section 1455
  Any petition for instructions or to grant a guardian or a conservator any power or authority under this division, which may be filed by a...
• California Probate Code Section 1456
  (a) In addition to any other requirements that are part of the judicial branch education program, on or before January 1, 2008, the Judicial Council...
• California Probate Code Section 1456.5
  Each court shall ensure compliance with the requirements of filing the inventory and appraisal and the accountings required by this division. Courts may comply with...
• California Probate Code Section 1457
  In order to assist relatives and friends who may seek appointment as a nonprofessional conservator or guardian the Judicial Council shall, on or before January...
• California Probate Code Section 1458
  (a) On or before January 1, 2008, the Judicial Council shall report to the Legislature the findings of a study measuring court effectiveness in conservatorship...
• California Probate Code Section 1459
  (a) The Legislature finds and declares the following: (1) There is no resource that is more vital to the continued existence and integrity of recognized...
• California Probate Code Section 1459.5
  (a) The Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) shall apply to the following guardianship or conservatorship proceedings under this division when...
• California Probate Code Section 1460
  (a) Subject to Sections 1202 and 1203, if notice of hearing is required under this division but the applicable provision does not fix the manner...
• California Probate Code Section 1460.1
  Notwithstanding any other provision of this division, no notice is required to be given to any child under the age of 12 years if the...
• California Probate Code Section 1460.2
  (a) If the court or petitioner knows or has reason to know that the proposed ward or conservatee may be an Indian child, notice shall...
• California Probate Code Section 1461
  (a) As used in this section, "director" means: (1) The Director of Mental Health when the state hospital referred to in subdivision (b) is under...
• California Probate Code Section 1461.4
  (a) The petitioner shall mail or personally serve a notice of the hearing and a copy of the petition to the director of the regional...
• California Probate Code Section 1461.5
  Notice of the time and place of hearing on a petition, report, or account, and a notice of the filing of an inventory, together with...
• California Probate Code Section 1461.7
  Unless the court for good cause dispenses with such notice, notice of the time and place of the hearing on a petition, report, or account,...
• California Probate Code Section 1467
  If service is made by mail pursuant to this division in the manner authorized in Section 415.30 of the Code of Civil Procedure, the service...
• California Probate Code Section 1469
  Where a provision of this division applies the provisions of this code applicable to personal representatives to proceedings under this division, a reference to Section...
• California Probate Code Section 1470
  (a) The court may appoint private legal counsel for a ward, a proposed ward, a conservatee, or a proposed conservatee in any proceeding under this...
• California Probate Code Section 1471
  (a) If a conservatee, proposed conservatee, or person alleged to lack legal capacity is unable to retain legal counsel and requests the appointment of counsel...
• California Probate Code Section 1472
  (a) If a person is furnished legal counsel under Section 1471: (1) The court shall, upon conclusion of the matter, fix a reasonable sum for...
• California Probate Code Section 1474
  If an Indian custodian or biological parent of an Indian child lacks the financial ability to retain counsel and requests the appointment of counsel in...
• California Probate Code Section 1488
  If before January 1, 1981, an adult has in a signed writing nominated a person to serve as guardian if a guardian is in the...
• California Probate Code Section 1489
  If, before January 1, 1981, a parent or other person has in a signed writing appointed a person to serve as the guardian of the...
• California Probate Code Section 1490
  When used in any statute of this state with reference to an adult or to the person of a married minor, "guardian" means the conservator...
• California Probate Code Section 1500
  Subject to Section 1502, a parent may nominate a guardian of the person or estate, or both, of a minor child in either of the...
• California Probate Code Section 1500.1
  (a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et...
• California Probate Code Section 1501
  Subject to Section 1502, a parent or any other person may nominate a guardian for property that a minor receives from or by designation of...
• California Probate Code Section 1502
  (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing...
• California Probate Code Section 1510
  (a) A relative or other person on behalf of the minor, or the minor if 12 years of age or older, may file a petition...
• California Probate Code Section 1511
  (a) Except as provided in subdivisions (f) and (g), at least 15 days before the hearing on the petition for the appointment of a guardian,...
• California Probate Code Section 1512
  Within 10 days after the petitioner in the guardianship proceeding becomes aware of any proceeding not disclosed in the guardianship petition affecting the custody of...
• California Probate Code Section 1513
  (a) Unless waived by the court, a court investigator, probation officer, or domestic relations investigator may make an investigation and file with the court a...
• California Probate Code Section 1513.1
  (a) Each court or county shall assess (1) the parent, parents, or other person charged with the support and maintenance of the ward or proposed...
• California Probate Code Section 1513.2
  (a) To the extent resources are available, the court shall implement procedures, as described in this section, to ensure that every guardian annually completes and...
• California Probate Code Section 1514
  (a) Upon hearing of the petition, if it appears necessary or convenient, the court may appoint a guardian of the person or estate of the...
• California Probate Code Section 1514.5
  Notwithstanding any other provision of law, except provisions of law governing the retention and storage of data, a family law court shall, upon request from...
• California Probate Code Section 1515
  Notwithstanding any other provision of this part, no guardian of the person may be appointed for a minor who is married or whose marriage has...
• California Probate Code Section 1516
  (a) In each case involving a petition for guardianship of the person, the petitioner shall mail a notice of the hearing and a copy of...
• California Probate Code Section 1516.5
  (a) A proceeding to have a child declared free from the custody and control of one or both parents may be brought in the guardianship...
• California Probate Code Section 1517
  This part does not apply to guardianships resulting from the selection and implementation of a permanent plan pursuant to Section 366.25 or 366.26 of the...
• California Probate Code Section 1540
  This article does not apply in any of the following cases: (a) Where the petition is for guardianship of the estate exclusively. (b) Where the...
• California Probate Code Section 1541
  In addition to the other required contents of the petition for appointment of a guardian, the petition shall include both of the following: (a) A...
• California Probate Code Section 1542
  In each case involving a petition for guardianship of the person, the petitioner shall mail a notice of the hearing and a copy of the...
• California Probate Code Section 1543
  (a) If the petition as filed or as amended states that an adoption petition has been filed, a report with respect to the suitability of...
• California Probate Code Section 1600
  (a) A guardianship of the person or estate or both terminates when the ward attains majority or dies. (b) A guardianship of the person terminates...
• California Probate Code Section 1601
  Upon petition of the guardian, a parent, the ward, or, in the case of an Indian child custody proceeding, an Indian custodian or the ward's...
• California Probate Code Section 1602
  (a) The Legislature hereby finds and declares that guardians perform a critical and important role in the lives of minors, frequently assuming a parental role...
• California Probate Code Section 1610
  (a) The Legislature finds and declares that it is in the best interests of children to be raised in a permanent, safe, stable, and loving...
• California Probate Code Section 1611
  If a person files a petition for visitation, termination of the guardianship, or instruction to the guardian that is unmeritorious, or intended to harass or...
• California Probate Code Section 1800
  It is the intent of the Legislature in enacting this chapter to do the following: (a) Protect the rights of persons who are placed under...
• California Probate Code Section 1800.3
  (a) If the need therefor is established to the satisfaction of the court and the other requirements of this chapter are satisfied, the court may...
• California Probate Code Section 1801
  Subject to Section 1800.3: (a) A conservator of the person may be appointed for a person who is unable to provide properly for his or...
• California Probate Code Section 1802
  Subject to Section 1800.3, a conservator of the person or estate, or both, may be appointed for a person who voluntarily requests the appointment and...
• California Probate Code Section 1803
  A conservator of the estate may be appointed for a person who is an absentee as defined in Section 1403.
• California Probate Code Section 1804
  Subject to Section 1800.3, a conservator of the estate may be appointed for a person who is missing and whose whereabouts is unknown.
• California Probate Code Section 1810
  If the proposed conservatee has sufficient capacity at the time to form an intelligent preference, the proposed conservatee may nominate a conservator in the petition...
• California Probate Code Section 1811
  (a) Subject to Section 1813, the spouse, domestic partner, or an adult child, parent, brother, or sister of the proposed conservatee may nominate a conservator...
• California Probate Code Section 1812
  (a) Subject to Sections 1810 and 1813, the selection of a conservator of the person or estate, or both, is solely in the discretion of...
• California Probate Code Section 1813
  (a) The spouse of a proposed conservatee may not petition for the appointment of a conservator for a spouse or be appointed as conservator of...
• California Probate Code Section 1813.1
  (a) (1) The domestic partner of a proposed conservatee may not petition for the appointment of a conservator for a domestic partner or be appointed...
• California Probate Code Section 1820
  (a) A petition for the appointment of a conservator may be filed by any of the following: (1) The proposed conservatee. (2) The spouse or...
• California Probate Code Section 1821
  (a) The petition shall request that a conservator be appointed for the person or estate, or both, shall specify the name, address, and telephone number...
• California Probate Code Section 1822
  (a) At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing...
• California Probate Code Section 1823
  (a) If the petition is filed by a person other than the proposed conservatee, the clerk shall issue a citation directed to the proposed conservatee...
• California Probate Code Section 1824
  The citation and a copy of the petition shall be served on the proposed conservatee at least 15 days before the hearing. Service shall be...
• California Probate Code Section 1825
  (a) The proposed conservatee shall be produced at the hearing except in the following cases: (1) Where the proposed conservatee is out of the state...
• California Probate Code Section 1826
  Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following: (a) Conduct the following interviews: (1) The...
• California Probate Code Section 1827
  The court shall hear and determine the matter of the establishment of the conservatorship according to the law and procedure relating to the trial of...
• California Probate Code Section 1827.5
  (a) In the case of any proceeding to establish a limited conservatorship for a person with developmental disabilities, within 30 days after the filing of...
• California Probate Code Section 1828
  (a) Except as provided in subdivision (c), prior to the establishment of a conservatorship of the person or estate, or both, the court shall inform...
• California Probate Code Section 1828.5
  (a) At the hearing on the petition for appointment of a limited conservator for an allegedly developmentally disabled adult, the court shall do each of...
• California Probate Code Section 1829
  Any of the following persons may appear at the hearing to support or oppose the petition: (a) The proposed conservatee. (b) The spouse or registered...
• California Probate Code Section 1830
  (a) The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of: (1) The conservator. (2) The conservatee's attorney,...
• California Probate Code Section 1834
  (a) Before letters are issued, the conservator (other than a trust company or a public conservator) shall file an acknowledgment of receipt of (1) a...
• California Probate Code Section 1835
  (a) Every superior court shall provide all private conservators with written information concerning a conservator's rights, duties, limitations, and responsibilities under this division. (b) The...
• California Probate Code Section 1840
  Except as otherwise provided in this article, a conservator for an absentee (Section 1403) shall be appointed as provided in Article 3 (commencing with Section
• California Probate Code Section 1841
  In addition to the other required contents of the petition, if the proposed conservatee is an absentee: (a) The petition, and any notice required by...
• California Probate Code Section 1842
  In addition to the persons and entities to whom notice of hearing is required under Section 1822, if the proposed conservatee is an absentee, a...
• California Probate Code Section 1843
  No citation is required under Section 1823 to the proposed conservatee if the proposed conservatee is an absentee.
• California Probate Code Section 1844
  (a) An official written report or record complying with Section 1283 of the Evidence Code that a proposed conservatee is an absentee shall be received...
• California Probate Code Section 1845
  (a) Except as otherwise provided in this article, a conservator of the estate of a person who is missing and whose whereabouts is unknown shall...
• California Probate Code Section 1846
  In addition to the other required contents of the petition, if the proposed conservatee is a person who is missing and whose whereabouts is unknown,...
• California Probate Code Section 1847
  In addition to the persons and entities to whom notice of hearing is required under Section 1822, if the proposed conservatee is a person who...
• California Probate Code Section 1848
  In a proceeding to appoint a conservator of the estate of a person who is missing and whose whereabouts is unknown, the following acts are...
• California Probate Code Section 1849
  A conservator of the estate of a person who is missing and whose whereabouts is unknown may be appointed only if the court finds all...
• California Probate Code Section 1849.5
  (a) A petition may be filed under this article regardless of when the proposed conservatee became missing or how long the proposed conservatee has been...
• California Probate Code Section 1850
  (a) Except as provided in subdivision (b), each conservatorship initiated pursuant to this part shall be reviewed by the court as follows: (1) At the...
• California Probate Code Section 1850.5
  (a) Notwithstanding Section 1850, each limited conservatorship for a developmentally disabled adult, as defined in subdivision (d) of Section 1801, shall be reviewed by the...
• California Probate Code Section 1851
  (a) When court review is required pursuant to Section 1850, the court investigator shall, without prior notice to the conservator except as ordered by the...
• California Probate Code Section 1851.2
  Each court shall coordinate investigations with the filing of accountings, so that investigators may review accountings before visiting conservatees, if feasible.
• California Probate Code Section 1851.5
  Each court shall assess each conservatee in the county for any investigation or review conducted by a court investigator with respect to that person. The...
• California Probate Code Section 1852
  If the conservatee wishes to petition the court for termination of the conservatorship or for removal of the existing conservator or for the making, modification,...
• California Probate Code Section 1853
  (a) If the court investigator is unable to locate the conservatee, the court shall order the court investigator to serve notice upon the conservator of...
• California Probate Code Section 1860
  (a) A conservatorship continues until terminated by the death of the conservatee or by order of the court. (b) If a conservatorship is established for...
• California Probate Code Section 1860.5
  (a) A limited conservatorship continues until the authority of the conservator is terminated by one of the following: (1) The death of the limited conservator....
• California Probate Code Section 1861
  (a) A petition for the termination of the conservatorship may be filed by any of the following: (1) The conservator. (2) The conservatee. (3) The...
• California Probate Code Section 1862
  Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460)...
• California Probate Code Section 1863
  (a) The court shall hear and determine the matter according to the law and procedure relating to the trial of civil actions, including trial by...
• California Probate Code Section 1864
  (a) In the case of the conservatorship of an absentee as defined in Section 1403, the petition to terminate the conservatorship may also be filed...
• California Probate Code Section 1865
  If the conservatee has been disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code, upon termination of the conservatorship, the court...
• California Probate Code Section 1870
  As used in this article, unless the context otherwise requires, "transaction" includes, but is not limited to, making a contract, sale, transfer, or conveyance, incurring...
• California Probate Code Section 1871
  Nothing in this article shall be construed to deny a conservatee any of the following: (a) The right to control an allowance provided under Section...
• California Probate Code Section 1872
  (a) Except as otherwise provided in this article, the appointment of a conservator of the estate is an adjudication that the conservatee lacks the legal...
• California Probate Code Section 1873
  (a) In the order appointing the conservator or upon a petition filed under Section 1874, the court may, by order, authorize the conservatee, subject to...
• California Probate Code Section 1874
  (a) After a conservator has been appointed, a petition requesting an order under Section 1873 may be filed by any of the following: (1) The...
• California Probate Code Section 1875
  A transaction that affects real property of the conservatorship estate, entered into by a person acting in good faith and for a valuable consideration and...
• California Probate Code Section 1876
  The provisions of this article relating to the legal capacity of a conservatee to bind or obligate the conservatorship estate, and the provisions of any...
• California Probate Code Section 1880
  If the court determines that there is no form of medical treatment for which the conservatee has the capacity to give an informed consent, the...
• California Probate Code Section 1881
  (a) A conservatee shall be deemed unable to give informed consent to any form of medical treatment pursuant to Section 1880 if, for all medical...
• California Probate Code Section 1890
  (a) An order of the court under Section 1880 may be included in the order of appointment of the conservator if the order was requested...
• California Probate Code Section 1891
  (a) A petition may be filed under this article requesting that the court make an order under Section 1880 or that the court modify or...
• California Probate Code Section 1892
  Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460)...
• California Probate Code Section 1893
  The conservatee shall be produced at the hearing except in the following cases: (a) Where the conservatee is out of state when served and is...
• California Probate Code Section 1894
  If the petition alleges that the conservatee is not willing to attend the hearing or upon receipt of an affidavit or certificate attesting to the...
• California Probate Code Section 1895
  (a) The conservatee, the spouse, the domestic partner, any relative, or any friend of the conservatee, the conservator, or any other interested person may appear...
• California Probate Code Section 1896
  (a) If the court determines that the order requested in the petition is proper, the court shall make the order. (b) The court, in its...
• California Probate Code Section 1897
  An order of the court under Section 1880 continues in effect until the earliest of the following times: (1) The time specified in the order,...
• California Probate Code Section 1898
  An order of the court under Section 1880 may be modified or revoked upon a petition made, noticed, and heard by the court in the...
• California Probate Code Section 1900
  The appointment of a conservator of the person or estate or both does not affect the capacity of the conservatee to marry or to enter...
• California Probate Code Section 1901
  (a) The court may by order determine whether the conservatee has the capacity to enter into a valid marriage, as provided in Part 1 (commencing...
• California Probate Code Section 1910
  If the court determines the conservatee is not capable of completing an affidavit of voter registration in accordance with Section 2150 of the Elections Code,...
• California Probate Code Section 1950
  The Legislature recognizes that the right to exercise choice over matters of procreation is fundamental and may not be denied to an individual on the...
• California Probate Code Section 1951
  (a) No person who has the ability to consent to his or her sterilization shall be sterilized pursuant to this chapter. (b) For the purposes...
• California Probate Code Section 1952
  The conservator of an adult, or any person authorized to file a petition for the appointment of a conservator under paragraphs (2) to (5), inclusive,...
• California Probate Code Section 1953
  At least 90 days before the hearing on the petition under this chapter, notice of the time and place of the hearing and a copy...
• California Probate Code Section 1954
  In any proceeding under this chapter, if the person named in the petition for court authorization to consent to sterilization has not retained legal counsel...
• California Probate Code Section 1954.5
  (a) The court shall appoint a facilitator for the person named in the petition, who shall assist the person named in the petition to do...
• California Probate Code Section 1955
  (a) The court shall request the director of the appropriate regional center for the developmentally disabled to coordinate an investigation and prepare and file a...
• California Probate Code Section 1956
  The person to whom the petition applies shall be present at the hearing except for reason of medical inability. Emotional or psychological instability is not...
• California Probate Code Section 1957
  To the greatest extent possible, the court shall elicit and take into account the views of the individual for whom sterilization is proposed in determining...
• California Probate Code Section 1958
  The court may authorize the conservator of a person proposed to be sterilized to consent to the sterilization of that person only if the court...
• California Probate Code Section 1959
  The fact that, due to the nature or severity of his or her disability, a person for whom an authorization to consent to sterilization is...
• California Probate Code Section 1960
  If the person named in the petition already has a conservator, the court may authorize that person to consent to sterilization or may appoint another...
• California Probate Code Section 1961
  A sterilization procedure authorized under this chapter shall not include hysterectomy or castration. However, if the report prepared under Section 1955 indicates that hysterectomy or...
• California Probate Code Section 1962
  (a) Any court order granting a petition under this chapter shall be accompanied by a written statement of decision pursuant to Section 632 of the...
• California Probate Code Section 1963
  (a) At the conclusion of the hearing, the court, after inquiring into financial ability, may make an order based upon their ability that any one...
• California Probate Code Section 1964
  An order of the court authorizing a conservator to consent to sterilization which is upheld on appeal automatically expires in one year from the final...
• California Probate Code Section 1965
  Any court order made pursuant to this chapter granting authority to consent to sterilization shall be stayed pending a final determination on appeal.
• California Probate Code Section 1966
  After the filing of a first petition for sterilization pursuant to this chapter and a determination by the court that any one or more of...
• California Probate Code Section 1967
  (a) The sterilization of a person in accordance with this chapter does not render the petitioner or any person participating in the conservatorship proceedings or...
• California Probate Code Section 1968
  This chapter does not prohibit medical treatment or surgery required for other medical reasons and in which sterilization is an unavoidable or medically probable consequence,...
• California Probate Code Section 1969
  Nothing in this chapter shall infringe on the right of persons with developmental disabilities who are capable of giving consent to sterilization to give that...
• California Probate Code Section 2100
  Guardianships and conservatorships are governed by Division 3 (commencing with Section 1000), except to the extent otherwise expressly provided by statute, and by this division....
• California Probate Code Section 2101
  The relationship of guardian and ward and of conservator and conservatee is a fiduciary relationship that is governed by the law of trusts, except as...
• California Probate Code Section 2102
  A guardian or conservator is subject to the regulation and control of the court in the performance of the duties of the office.
• California Probate Code Section 2103
  (a) When a judgment or order made pursuant to this division becomes final, it releases the guardian or conservator and the sureties from all claims...
• California Probate Code Section 2104
  (a) A nonprofit charitable corporation may be appointed as a guardian or conservator of the person or estate, or both, if all of the following...
• California Probate Code Section 2105
  (a) The court, in its discretion, may appoint for a ward or conservatee: (1) Two or more joint guardians or conservators of the person. (2)...
• California Probate Code Section 2105.5
  (a) Except as provided in subdivision (b), where there is more than one guardian or conservator of the estate, one guardian or conservator is not...
• California Probate Code Section 2106
  (a) The court, in its discretion, may appoint one guardian or conservator for several wards or conservatees. (b) The appointment of one guardian or conservator...
• California Probate Code Section 2107
  (a) Unless limited by court order, a guardian or conservator of the person of a nonresident has the same powers and duties as a guardian...
• California Probate Code Section 2108
  (a) Except to the extent the court for good cause determines otherwise, if a guardian of the person is nominated as provided in Article 1...
• California Probate Code Section 2109
  (a) Subject to Section 2108, a guardian appointed under subdivision (d) of Section 1514 for particular property upon a nomination made under Section 1501 has,...
• California Probate Code Section 2110
  Unless otherwise provided in the instrument or in this division, a guardian or conservator is not personally liable on an instrument, including but not limited...
• California Probate Code Section 2111
  (a) As used in this section, "transaction" means any of the following: (1) A conveyance or lease of real property of the guardianship or conservatorship...
• California Probate Code Section 2111.5
  (a) Except as provided in subdivision (b), every court official or employee who has duties or responsibilities related to the appointment of a guardian or...
• California Probate Code Section 2113
  A conservator shall accommodate the desires of the conservatee, except to the extent that doing so would violate the conservator's fiduciary duties to the conservatee...
• California Probate Code Section 2200
  The superior court has jurisdiction of guardianship and conservatorship proceedings.
• California Probate Code Section 2201
  The proper county for the commencement of a guardianship or conservatorship proceeding for a resident of this state is either of the following: (a) The...
• California Probate Code Section 2202
  (a) The proper county for the commencement of a proceeding for the guardianship or conservatorship of the person of a nonresident of this state is...
• California Probate Code Section 2203
  (a) If proceedings for the guardianship or conservatorship of the estate are commenced in more than one county, the guardianship or conservatorship of the estate...
• California Probate Code Section 2210
  As used in this article: (a) "Guardian or conservator" includes a proposed guardian or proposed conservator. (b) "Ward or conservatee" includes a proposed ward or...
• California Probate Code Section 2211
  The court in which a guardianship or conservatorship proceeding is pending may, upon petition therefor, transfer the proceeding to another county within this state.
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