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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 13
    (a) The degree of kinship or consanguinity between two persons is determined by counting the number of generations separating those persons, pursuant to subdivision (b)...
  • 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 86
    "Undue influence" has the same meaning as defined in Section 15610.70 of the Welfare and Institutions Code. It is the intent of the Legislature that...
  • 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 and Rehabilitation,...
  • 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 a conservatee, a minor, an...
  • 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 that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes...
  • 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 1456.2
    On or before January 1, 2010, the public conservator shall comply with the continuing education requirements that are established by the California State Association of...
  • 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 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 State Hospitals 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 shall 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 accordance with...
  • California Probate Code Section 1517
    (a) This part does not apply to guardianships resulting from the selection and implementation of a permanent plan pursuant to Section 366.26 of the Welfare...
  • 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 1970
    (a) The Legislature finds that unwarranted petitions, applications, or motions other than discovery motions after a conservatorship has been established create an environment that can...
  • 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 2204
    (a) If a proceeding for the guardianship of the person of the minor is filed in one county and a custody or visitation proceeding has...
  • California Probate Code Section 2205
    (a) Except as provided in Section 304 of the Welfare and Institutions Code, and subject to the provisions specified in subdivision (b), upon the filing...
  • 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.
  • California Probate Code Section 2212
    The petition for transfer may be filed only by one or more of the following: (a) The guardian or conservator. (b) The ward or conservatee....
  • California Probate Code Section 2213
    The petition for transfer shall set forth all of the following: (a) The county to which the proceeding is to be transferred. (b) The name...
  • California Probate Code Section 2214
    Notice of the hearing shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1....
  • California Probate Code Section 2215
    (a) Any of the following persons may appear at the hearing to support or oppose the petition and may file written objections to the petition:...
  • California Probate Code Section 2216
    (a) Upon the order of transfer, the clerk shall transmit to the clerk of the court to which the proceeding is transferred a certified or...
  • California Probate Code Section 2217
    (a) When an order has been made transferring venue to another county, the court transferring the matter shall set a hearing within two months to...
  • California Probate Code Section 2250
    (a) On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the...
  • California Probate Code Section 2250.2
    (a) On or after the filing of a petition for appointment of a conservator, any person entitled to petition for appointment of the conservator may...
  • California Probate Code Section 2250.4
    The proposed temporary conservatee shall attend the hearing except in the following cases: (a) If the proposed temporary conservatee is out of the state when...
  • California Probate Code Section 2250.6
    (a) Regardless of whether the proposed temporary conservatee attends the hearing, the court investigator shall do all of the following prior to the hearing, unless...
  • California Probate Code Section 2250.8
    Sections 2250, 2250.4, and 2250.6 shall not apply to proceedings under Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the...
  • California Probate Code Section 2251
    A temporary guardian or temporary conservator shall be issued letters of temporary guardianship or conservatorship upon taking the oath and filing the bond as in...
  • California Probate Code Section 2252
    (a) Except as otherwise provided in subdivisions (b) and (c), a temporary guardian or temporary conservator has only those powers and duties of a guardian...
  • California Probate Code Section 2253
    (a) If a temporary conservator of the person proposes to fix the residence of the conservatee at a place other than that where the conservatee...
  • California Probate Code Section 2254
    (a) Notwithstanding Section 2253, a temporary conservator may remove a temporary conservatee from the temporary conservatee's place of residence without court authorization if an emergency...
  • California Probate Code Section 2255
    (a) Except as provided in subdivision (b), an inventory and appraisal of the estate shall be filed by the temporary guardian or temporary conservator of...
  • California Probate Code Section 2256
    (a) Except as provided in subdivision (b), the temporary guardian or temporary conservator of the estate shall present his or her account to the court...
  • California Probate Code Section 2257
    (a) Except as provided in subdivision (b), the powers of a temporary guardian or temporary conservator terminate, except for the rendering of the account, at...
  • California Probate Code Section 2258
    A temporary guardian or temporary conservator is subject to the provisions of this division governing the suspension, removal, resignation, and discharge of a guardian or
  • California Probate Code Section 2300
    Before the appointment of a guardian or conservator is effective, the guardian or conservator shall: (a) Take an oath to perform the duties of the...
  • California Probate Code Section 2310
    (a) The appointment, the taking of the oath, and the filing of the bond, if required, shall thereafter be evidenced by the issuance of letters...
  • California Probate Code Section 2311
    Except as otherwise required by the order of appointment, the letters of guardianship or conservatorship shall be in substantially the same form as letters of
  • California Probate Code Section 2313
    Except in temporary conservatorships, a conservator of the estate shall record a certified copy of the letters with the county recorder's office in each county...
  • California Probate Code Section 2320
    (a) Except as otherwise provided by statute, every person appointed as guardian or conservator shall, before letters are issued, give a bond approved by the...
  • California Probate Code Section 2320.1
    When the conservator or guardian has knowledge of facts from which the guardian or conservator knows or should know that the bond posted is less...
  • California Probate Code Section 2320.2
    If additional bond is required by the court when the account is heard, the order approving the account and related matters, including fees, is not...
  • California Probate Code Section 2321
    (a) Notwithstanding any other provision of law, the court in a conservatorship proceeding may not waive the filing of a bond or reduce the amount...
  • California Probate Code Section 2322
    One appointed only as guardian of the person or conservator of the person need not file a bond unless required by the court.
  • California Probate Code Section 2323
    (a) The court may dispense with the requirement of a bond if it appears likely that the estate will satisfy the conditions of subdivision (a)...
  • California Probate Code Section 2324
    If the person making the nomination has waived the filing of the bond, a guardian nominated under Section 1500 or 1501 need not file a...
  • California Probate Code Section 2325
    The surety on the bond of a nonprofit charitable corporation described in Section 2104 shall be an admitted surety insurer.
  • California Probate Code Section 2326
    (a) If joint guardians or conservators are appointed, the court may order that separate bonds or a joint bond or a combination thereof be furnished....
  • California Probate Code Section 2327
    (a) In a conservatorship proceeding, the court shall order a separate bond for each conservatee, except where the assets of the conservatees are commingled in...
  • California Probate Code Section 2328
    (a) In any proceeding to determine the amount of the bond of the guardian or conservator (whether at the time of appointment or subsequently), if...
  • California Probate Code Section 2329
    (a) If a guardian or conservator moves the court for reduction in the amount of the bond, the motion shall include an affidavit setting forth...
  • California Probate Code Section 2330
    Upon the confirmation of the sale of any real property of the estate, or upon the authorization of the borrowing of money secured by a...
  • California Probate Code Section 2333
    (a) In case of a breach of a condition of the bond, an action may be brought against the sureties on the bond for the...
  • California Probate Code Section 2334
    Where a petition is filed requesting an order that a guardian or conservator be required to give a bond where no bond was originally required,...
  • California Probate Code Section 2335
    A guardian or conservator who applies for a substitution and release of a surety shall file an account with the application. The court shall not...
  • California Probate Code Section 2340
    A superior court may not appoint a person to carry out the duties of a professional fiduciary, or permit a person to continue those duties,...
  • California Probate Code Section 2341
    This article shall become operative on July 1, 2008.
  • California Probate Code Section 2350
    As used in this chapter: (a) "Conservator" means the conservator of the person. (b) "Guardian" means the guardian of the person. (c) "Residence" does not...
  • California Probate Code Section 2351
    (a) Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of...
  • California Probate Code Section 2351.5
    (a) Subject to subdivision (b): (1) The limited conservator has the care, custody, and control of the limited conservatee. (2) The limited conservator shall secure...
  • California Probate Code Section 2352
    (a) The guardian may establish the residence of the ward at any place within this state without the permission of the court. The guardian shall...
  • California Probate Code Section 2352.5
    (a) It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate...
  • California Probate Code Section 2353
    (a) Subject to subdivision (b), the guardian has the same right as a parent having legal custody of a child to give consent to medical...
  • California Probate Code Section 2354
    (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his...
  • California Probate Code Section 2355
    (a) If the conservatee has been adjudicated to lack the capacity to make health care decisions, the conservator has the exclusive authority to make health...
  • California Probate Code Section 2356
    (a) No ward or conservatee may be placed in a mental health treatment facility under this division against the will of the ward or conservatee....
  • California Probate Code Section 2356.5
    (a) The Legislature hereby finds and declares: (1) That people with dementia, as defined in the last published edition of the "Diagnostic and Statistical Manual...
  • California Probate Code Section 2357
    (a) As used in this section: (1) "Guardian or conservator" includes a temporary guardian of the person or a temporary conservator of the person. (2)...
  • California Probate Code Section 2358
    When a guardian or conservator is appointed, the court may, with the consent of the guardian or conservator, insert in the order of appointment conditions...
  • California Probate Code Section 2359
    (a) Upon petition of the guardian or conservator or ward or conservatee or other interested person, the court may authorize and instruct the guardian or...
  • California Probate Code Section 2360
    Upon the establishment of a conservatorship by the court and annually thereafter, the conservator shall ensure that a clear photograph of the conservatee is taken...
  • California Probate Code Section 2400
    As used in this chapter: (a) "Conservator" means the conservator of the estate, or the limited conservator of the estate to the extent that the...
  • California Probate Code Section 2401
    (a) The guardian or conservator, or limited conservator to the extent specifically and expressly provided in the appointing court's order, has the management and control...
  • California Probate Code Section 2401.1
    The guardian or conservator shall use ordinary care and diligence to determine whether the ward or conservatee owns real property in a foreign jurisdiction and...
  • California Probate Code Section 2401.3
    (a) If the guardian or conservator breaches a fiduciary duty, the guardian or conservator is chargeable with any of the following that is appropriate under...
  • California Probate Code Section 2401.5
    (a) If the guardian or conservator is liable for interest pursuant to Section 2401.3, the guardian or conservator is liable for the greater of the...
  • California Probate Code Section 2401.6
    Any surcharge that a guardian or conservator incurs under the provisions of Sections 2401.3 or 2401.5 may not be paid by or offset against future...
  • California Probate Code Section 2401.7
    The provisions of Sections 2401.3 and 2401.5 for liability of a guardian or conservator for breach of a fiduciary duty do not prevent resort to...
  • California Probate Code Section 2402
    When a guardian or conservator is appointed, the court may, with the consent of the guardian or conservator, insert in the order of appointment conditions...
  • California Probate Code Section 2403
    (a) Upon petition of the guardian or conservator, the ward or conservatee, a creditor, or other interested person, the court may authorize and instruct the...
  • California Probate Code Section 2404
    (a) If the guardian or conservator fails, neglects, or refuses to furnish comfortable and suitable support, maintenance, or education for the ward or conservatee as...
  • California Probate Code Section 2405
    If there is a dispute relating to the estate between the guardian or conservator and a third person, the guardian or conservator, or the limited...
  • California Probate Code Section 2406
    If there is a dispute relating to the estate between the guardian or conservator and a third person, the guardian or conservator may enter into...
  • California Probate Code Section 2407
    This chapter applies to property owned by husband and wife as community property only to the extent authorized by Part 6 (commencing with Section 3000).
  • California Probate Code Section 2408
    Nothing in this chapter limits or restricts any authority granted to a guardian or conservator pursuant to Article 11 (commencing with Section 2590) to administer...
  • California Probate Code Section 2410
    On or before January 1, 2008, the Judicial Council, in consultation with the California Judges Association, the California Association of Superior Court Investigators, the California...
  • California Probate Code Section 2420
    (a) Subject to Section 2422, the guardian or conservator shall apply the income from the estate, so far as necessary, to the comfortable and suitable...
  • California Probate Code Section 2421
    (a) Upon petition of the guardian or conservator or the ward or conservatee, the court may authorize the guardian or conservator to pay to the...
  • California Probate Code Section 2422
    (a) Upon petition of the guardian or conservator, the ward or conservatee, or any other interested person, the court may for good cause order the...
  • California Probate Code Section 2423
    (a) Upon petition of the conservator, the conservatee, the spouse or domestic partner of the conservatee, or a relative within the second degree of the...
  • California Probate Code Section 2430
    (a) Subject to subdivisions (b) and (c), the guardian or conservator shall pay the following from any principal and income of the estate: (1) The...
  • California Probate Code Section 2431
    (a) Subject to subdivision (d), the guardian or conservator may petition the court under Section 2403 for instructions when there is doubt whether a wage...
  • California Probate Code Section 2450
    (a) Unless this article specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this article...
  • California Probate Code Section 2451
    The guardian or conservator may collect debts and benefits due to the ward or conservatee and the estate.
  • California Probate Code Section 2451.5
    The guardian or conservator may do any of the following: (a) Contract for the guardianship or conservatorship, perform outstanding contracts, and, thereby, bind the estate....
  • California Probate Code Section 2452
    (a) The guardian or conservator may endorse and cash or deposit any checks, warrants, or drafts payable to the ward or conservatee which constitute property...
  • California Probate Code Section 2453
    The guardian or conservator may deposit money belonging to the estate in an insured account in a financial institution in this state. Unless otherwise provided...
  • California Probate Code Section 2453.5
    (a) Subject to subdivision (b), where a trust company is a guardian or conservator and in the exercise of reasonable judgment deposits money of the...
  • California Probate Code Section 2454
    The guardian or conservator may deposit personal property of the estate with a trust company for safekeeping. Unless otherwise provided by court order, the personal...
  • California Probate Code Section 2455
    (a) A trust company serving as guardian or conservator may deposit securities that constitute all or part of the estate in a securities depository as...
  • California Probate Code Section 2456
    (a) Upon application of the guardian or conservator, the court may, with or without notice, order that money or other personal property be deposited pursuant...
  • California Probate Code Section 2457
    The guardian or conservator may maintain in good condition and repair the home or other dwelling of either or both of the following: (a) The...
  • California Probate Code Section 2458
    With respect to a share of stock of a domestic or foreign corporation held in the estate, a membership in a nonprofit corporation held in...
  • California Probate Code Section 2459
    (a) The guardian or conservator may obtain, continue, renew, modify, terminate, or otherwise deal in any of the following for the purpose of providing protection...
  • California Probate Code Section 2460
    The guardian or conservator may insure: (a) Property of the estate against loss or damage. (b) The ward or conservatee, the guardian or conservator, and...
  • California Probate Code Section 2461
    (a) The guardian or conservator may prepare, execute, and file tax returns for the ward or conservatee and for the estate and may exercise options...
  • California Probate Code Section 2462
    Subject to Section 2463, unless another person is appointed for that purpose, the guardian or conservator may: (a) Commence and maintain actions and proceedings for...
  • California Probate Code Section 2463
    (a) The guardian or conservator may bring an action against the other cotenants for partition of any property in which the ward or conservatee has...
  • California Probate Code Section 2464
    (a) If it is to the advantage of the estate to accept a deed to property which is subject to a mortgage or deed of...
  • California Probate Code Section 2465
    The guardian or conservator may dispose of or abandon valueless property.
  • California Probate Code Section 2466
    The guardian or conservator may advance the guardian's or conservator's own funds for the benefit of the ward or conservatee or the estate and may...
  • California Probate Code Section 2467
    (a) The guardian or conservator continues to have the duty of custody and conservation of the estate after the death of the ward or conservatee...
  • California Probate Code Section 2468
    (a) The conservator of the estate of a disabled attorney who was engaged in the practice of law at the time of his or her...
  • California Probate Code Section 2500
    (a) Unless this article or some other applicable statute requires court authorization or approval, if it is to the advantage of the estate, the guardian...
  • California Probate Code Section 2501
    (a) Except as provided in subdivision (b), court approval is required for a compromise, settlement, extension, renewal, or modification which affects any of the following:...
  • California Probate Code Section 2502
    Court approval is required for a compromise or settlement of a matter when the transaction requires the transfer or encumbrance of property of the estate,...
  • California Probate Code Section 2503
    Court approval is required for any of the following: (a) A compromise or settlement of a claim by the ward or conservatee against the guardian...
  • California Probate Code Section 2504
    Court approval is required for the compromise or settlement of any of the following: (a) A claim for the support, maintenance, or education of (1)...
  • California Probate Code Section 2505
    (a) Subject to subdivision (c), where the claim or matter is the subject of a pending action or proceeding, the court approval required by this...
  • California Probate Code Section 2506
    Where approval of the court in which the guardianship or conservatorship proceeding is pending is required under this article, the guardian or conservator shall file...
  • California Probate Code Section 2507
    Notwithstanding Sections 2500 to 2506, inclusive: (a) Whenever another statute requires, provides a procedure for, or dispenses with court approval of a compromise, settlement, extension,...
  • California Probate Code Section 2540
    (a) Except as otherwise provided in Sections 2544 and 2545, and except for the sale of a conservatee's present or former personal residence as set...
  • California Probate Code Section 2541
    The guardian or conservator may sell real or personal property of the estate in any of the following cases: (a) If the income of the...
  • California Probate Code Section 2542
    (a) All sales shall be for cash or for part cash and part deferred payments. Except as otherwise provided in Sections 2544 and 2545, the...
  • California Probate Code Section 2543
    (a) If estate property is required or permitted to be sold, the guardian or conservator may: (1) Use discretion as to which property to sell...
  • California Probate Code Section 2544
    (a) Except as specifically limited by order of the court, subject to Section 2541, the guardian or conservator may sell securities without authorization, confirmation, or...
  • California Probate Code Section 2544.5
    Except as specifically limited by the court, subject to Section 2541, the guardian or conservator may sell mutual funds held without designation of a beneficiary...
  • California Probate Code Section 2545
    (a) Subject to subdivisions (b) and (c) and to Section 2541, the guardian or conservator may sell or exchange tangible personal property of the estate...
  • California Probate Code Section 2547
    The guardian or conservator shall apply the proceeds of the sale to the purposes for which it was made, as far as necessary, and the...
  • California Probate Code Section 2548
    No action for the recovery of any property sold by a guardian or conservator may be maintained by the ward or conservatee or by any...
  • California Probate Code Section 2550
    Except as otherwise provided by statute, a guardian or conservator may borrow money, lend money, give security, lease, convey, or exchange property of the estate,...
  • California Probate Code Section 2551
    (a) In any case described in Section 2541 or Section 2552, the guardian or conservator, after authorization by order of the court, may borrow money...
  • California Probate Code Section 2552
    (a) The guardian or conservator may give a security interest or other lien upon the personal property of the estate or any part thereof or...
  • California Probate Code Section 2552.5
    For the purpose of this article, if a lease gives the lessee the right to extend the term of the lease, the length of the...
  • California Probate Code Section 2553
    (a) Except as provided in Section 2555, leases may be executed by the guardian or conservator with respect to the property of the estate only...
  • California Probate Code Section 2554
    (a) An order authorizing the execution of a lease shall set forth the minimum rental or royalty or both and the period of the lease,...
  • California Probate Code Section 2555
    If it is to the advantage of the estate, the guardian or conservator may lease, as lessor, real property of the estate without authorization of...
  • California Probate Code Section 2556
    (a) If it is for the advantage, benefit, and best interests of the estate and those interested therein, the guardian or conservator, after authorization by...
  • California Probate Code Section 2557
    (a) Whenever it is for the advantage, benefit, and best interests of the ward or conservatee and those legally entitled to support, maintenance, or education...
  • California Probate Code Section 2570
    (a) The guardian or conservator, after authorization by order of the court, may invest the proceeds of sales and any other money of the estate...
  • California Probate Code Section 2571
    When authorized by order of the court under Section 2570, the guardian or conservator may purchase: (a) Real property in this state as a home...
  • California Probate Code Section 2572
    An order authorizing the guardian or conservator to purchase real property may authorize the guardian or conservator to join with the spouse of the ward...
  • California Probate Code Section 2573
    An order authorizing investment in bonds issued by any state or of any city, county, city and county, political subdivision, public corporation, district, or special...
  • California Probate Code Section 2574
    (a) Subject to subdivision (b), the guardian or conservator, without authorization of the court, may invest funds of the estate pursuant to this section in:...
  • California Probate Code Section 2580
    (a) The conservator or other interested person may file a petition under this article for an order of the court authorizing or requiring the conservator...
  • California Probate Code Section 2581
    Notice of the hearing of the petition shall be given, regardless of age, for the period and in the manner provided in Chapter 3 (commencing...
  • California Probate Code Section 2582
    The court may make an order authorizing or requiring the proposed action under this article only if the court determines all of the following: (a)...
  • California Probate Code Section 2583
    In determining whether to authorize or require a proposed action under this article, the court shall take into consideration all the relevant circumstances, which may...
  • California Probate Code Section 2584
    After hearing, the court, in its discretion, may approve, modify and approve, or disapprove the proposed action and may authorize or direct the conservator to...
  • California Probate Code Section 2585
    Nothing in this article imposes any duty on the conservator to propose any action under this article, and the conservator is not liable for failure...
  • California Probate Code Section 2586
    (a) As used in this section, "estate plan of the conservatee" includes, but is not limited to, the conservatee's will, any trust of which the...
  • California Probate Code Section 2590
    (a) The court may, in its discretion, make an order granting the guardian or conservator any one or more or all of the powers specified...
  • California Probate Code Section 2591
    The powers referred to in Section 2590 are: (a) The power to operate, for a period longer than 45 days, at the risk of the...
  • California Probate Code Section 2591.5
    (a) Notwithstanding any other provisions of this article, a conservator seeking an order under Section 2590 authorizing a sale of the conservatee's personal residence shall...
  • California Probate Code Section 2592
    (a) The guardian or conservator may apply by petition for an order under Section 2590. (b) The application for the order may be included in...
  • California Probate Code Section 2593
    (a) The court, on its own motion or on petition of any interested person, when it appears to be for the best interests of the...
  • California Probate Code Section 2594
    (a) When a power or powers are granted pursuant to this article, the letters of guardianship or conservatorship shall state the power or powers so...
  • California Probate Code Section 2595
    (a) The grant of a power or powers pursuant to this article does not affect the right of the guardian or conservator to petition the...
  • California Probate Code Section 2600
    As used in this chapter, unless the context otherwise requires: (a) "Conservator" means (1) the conservator of the estate or (2) the limited conservator of...
  • California Probate Code Section 2601
    (a) Unless otherwise ordered by the court, if the ward or conservatee is employed at any time during the continuance of the guardianship or conservatorship:...
  • California Probate Code Section 2610
    (a) Within 90 days after appointment, or within any further time as the court for reasonable cause upon ex parte petition of the guardian or...
  • California Probate Code Section 2611
    If the ward or conservatee is or has been during the guardianship or conservatorship a patient in a state hospital under the jurisdiction of the...
  • California Probate Code Section 2612
    If a timely request is made, the clerk of court shall mail a copy of the inventory and appraisal filed under Section 2610 to the...
  • California Probate Code Section 2613
    Whenever any property of the ward or conservatee is discovered that was not included in the inventory, or whenever any other property is received by...
  • California Probate Code Section 2614
    (a) Within 30 days after the inventory and appraisal is filed, the guardian or conservator or any creditor or other interested person may file written...
  • California Probate Code Section 2614.5
    (a) If the guardian or conservator fails to file an inventory and appraisal within the time allowed by law or by court order, upon request...
  • California Probate Code Section 2614.7
    If a guardian or conservator of the person or estate, or both, is a professional fiduciary, as described in Section 2340, who is required to...
  • California Probate Code Section 2614.8
    At any time on or after one year from the submission of an hourly fee schedule or another statement of proposed compensation under this section...
  • California Probate Code Section 2615
    If a guardian or conservator fails to file any inventory required by this article within the time prescribed by law or by court order, the...
  • California Probate Code Section 2616
    (a) A petition may be filed under this article by any one or more of the following: (1) The guardian or conservator. (2) The ward...
  • California Probate Code Section 2617
    Interrogatories may be put to a person cited to answer interrogatories under Section 2616. The interrogatories and answers shall be in writing. The answers shall...
  • California Probate Code Section 2618
    (a) At an examination, witnesses may be produced and examined on either side. (b) If upon the examination it appears that the allegations of the...
  • California Probate Code Section 2619
    (a) On petition of the guardian or conservator, the court may issue a citation to a person who has possession or control of property in...
  • California Probate Code Section 2620
    (a) At the expiration of one year from the time of appointment and thereafter not less frequently than biennially, unless otherwise ordered by the court...
  • California Probate Code Section 2620.1
    The Judicial Council shall, by January 1, 2009, develop guidelines to assist investigators and examiners in reviewing accountings and detecting fraud.
  • California Probate Code Section 2620.2
    (a) Whenever the conservator or guardian has failed to file an accounting as required by Section 2620, the court shall require that written notice be...
  • California Probate Code Section 2621
    Notice of the hearing on the account of the guardian or conservator shall be given for the period and in the manner provided in Chapter...
  • California Probate Code Section 2622
    The ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward...
  • California Probate Code Section 2622.5
    (a) If the court determines that the objections were without reasonable cause and in bad faith, the court may order the objector to pay the...
  • California Probate Code Section 2623
    (a) Except as provided in subdivision (b) of this section, the guardian or conservator shall be allowed all of the following: (1) The amount of...
  • California Probate Code Section 2625
    Any sale or purchase of property or other transaction not previously authorized, approved, or confirmed by the court is subject to review by the court...
  • California Probate Code Section 2626
    If it appears upon the settlement of any account that the estate has been entirely exhausted through expenditures or disbursements which are approved by the...
  • California Probate Code Section 2627
    (a) After a ward has reached majority, the ward may settle accounts with the guardian and give the guardian a release which is valid if...
  • California Probate Code Section 2628
    (a) The court may make an order that the guardian or conservator need not present the accounts otherwise required by this chapter so long as...
  • California Probate Code Section 2630
    The termination of the relationship of guardian and ward or conservator and conservatee by the death of either, by the ward attaining majority, by the...
  • California Probate Code Section 2631
    (a) Upon the death of the ward or conservatee, the guardian or conservator may contract for and pay a reasonable sum for the expenses of...
  • California Probate Code Section 2632
    (a) As used in this section: (1) "Incapacitated" means lack of capacity to serve as guardian or conservator. (2) "Legal representative" means the personal representative...
  • California Probate Code Section 2633
    Subject to Section 2630, where the guardianship or conservatorship terminates before the inventory of the estate has been filed, the court, in its discretion and...
  • California Probate Code Section 2640
    (a) At any time after the filing of the inventory and appraisal, but not before the expiration of 90 days from the issuance of letters...
  • California Probate Code Section 2640.1
    (a) If a person has petitioned for the appointment of a particular conservator and another conservator was appointed while the petition was pending, but not...
  • California Probate Code Section 2641
    (a) At any time permitted by Section 2640 and upon the notice therein prescribed, the guardian or conservator of the person may petition the court...
  • California Probate Code Section 2642
    (a) At any time permitted by Section 2640 and upon the notice therein prescribed, an attorney who has rendered legal services to the guardian or...
  • California Probate Code Section 2643
    (a) Except as provided in Section 2643.1, on petition by the guardian or conservator of the person or estate, or both, the court may by...
  • California Probate Code Section 2643.1
    (a) On petition by a guardian or conservator of the person or estate, or both, who is a professional fiduciary, as described in Section 2340...
  • California Probate Code Section 2644
    (a) Where it is to the advantage, benefit, and best interest of the ward or conservatee or the estate, the guardian or conservator of the...
  • California Probate Code Section 2645
    (a) No attorney who is a guardian or conservator shall receive any compensation from the guardianship or conservatorship estate for legal services performed for the...
  • California Probate Code Section 2646
    In proceedings under this chapter, the court shall only determine fees that are payable from the estate of the ward or conservatee and not limit...
  • California Probate Code Section 2647
    No attorney fees may be paid from the estate of the ward or conservatee without prior court order. The estate of the ward or conservatee...
  • California Probate Code Section 2650
    A guardian or conservator may be removed for any of the following causes: (a) Failure to use ordinary care and diligence in the management of...
  • California Probate Code Section 2651
    The ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward...
  • California Probate Code Section 2652
    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 2653
    (a) The guardian or conservator, the ward or conservatee, the spouse of the ward or the spouse or registered domestic partner of the conservatee, any...
  • California Probate Code Section 2654
    Whenever it appears that the ward or conservatee or the estate may suffer loss or injury during the time required for notice and hearing under...
  • California Probate Code Section 2655
    (a) A guardian or conservator may be removed from office if the guardian or conservator is found in contempt for disobeying an order of the...
  • California Probate Code Section 2660
    A guardian or conservator may at any time file with the court a petition tendering the resignation of the guardian or conservator. Notice of the...
  • California Probate Code Section 2662
    Whenever the court grants a petition removing the guardian or conservator of a minor ward or conservatee or tendering the resignation of the guardian or...
  • California Probate Code Section 2670
    When for any reason a vacancy occurs in the office of guardian, the court may appoint a successor guardian, after notice and hearing as in...
  • California Probate Code Section 2680
    When for any reason a vacancy occurs in the office of conservator, the court may appoint a successor conservator in the manner provided in this
  • California Probate Code Section 2681
    A petition for appointment of a successor conservator may be filed by any of the following: (a) The conservatee. (b) The spouse or domestic partner...
  • California Probate Code Section 2682
    (a) The petition shall request that a successor conservator be appointed for the person or estate, or both, and shall specify the name and address...
  • California Probate Code Section 2683
    (a) At least 15 days before the hearing on the petition for appointment of a successor conservator, notice of the time and place of the...
  • California Probate Code Section 2684
    Unless the petition states that the conservatee will be present at the hearing, the court investigator shall do all of the following: (a) Interview the...
  • California Probate Code Section 2685
    If the conservatee is present at the hearing, prior to making an order appointing a successor conservator the court shall do all of the following:...
  • California Probate Code Section 2686
    If the petition states that the conservatee will be present at the hearing and the conservatee fails to appear at the hearing, the court shall...
  • California Probate Code Section 2687
    The conservatee, the spouse, the domestic partner, or any relative or friend of the conservatee, or any other interested person may appear at the hearing...
  • California Probate Code Section 2688
    (a) The court shall determine the question of who should be appointed as successor conservator according to the provisions of Article 2 (commencing with Section...
  • California Probate Code Section 2689
    If the conservatee is an "absentee" as defined in Section 1403: (a) The petition for appointment of a successor conservator shall contain the matters required...
  • California Probate Code Section 2700
    (a) At any time after the issuance of letters of guardianship or conservatorship, the ward, if over 14 years of age or the conservatee, the...
  • California Probate Code Section 2701
    (a) A request for special notice may be modified or withdrawn in the same manner as provided for the making of the initial request. (b)...
  • California Probate Code Section 2702
    (a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant to this chapter for special notice of...
  • California Probate Code Section 2800
    As used in this chapter, "foreign guardian or conservator" means a guardian, conservator, committee, or comparable fiduciary in another jurisdiction.
  • California Probate Code Section 2801
    Subject to the limitations and requirements of this chapter, the court in which the guardianship of the estate or conservatorship of the estate is pending...
  • California Probate Code Section 2802
    A petition for an order authorizing a transfer may be filed by any of the following: (a) The guardian of the estate or the conservator...
  • California Probate Code Section 2803
    The petition shall set forth all of the following: (a) The name and address of: (1) The foreign guardian or conservator, who may but need...
  • California Probate Code Section 2804
    At least 30 days before the hearing, the petitioner shall mail a notice of the time and place of the hearing and a copy of...
  • California Probate Code Section 2805
    Any of the following may appear and file written objections to the petition: (a) Any person required to be listed in the petition. (b) Any...
  • California Probate Code Section 2806
    The court may grant the petition and order the guardian or conservator to transfer some or all of the personal property of the estate to...
  • California Probate Code Section 2807
    If a transfer is ordered, the court may direct the manner of transfer and impose such terms and conditions as may be just.
  • California Probate Code Section 2808
    (a) If the court's order provides for the transfer of all of the property of the estate to the foreign guardian or conservator, the court,...
  • California Probate Code Section 2890
    (a) When a guardian or conservator, pursuant to letters of guardianship or conservatorship of the estate, takes possession or control of any asset of the...
  • California Probate Code Section 2891
    (a) The statement filed pursuant to Section 2890 shall be an affidavit by a person having authority to make the statement on behalf of the...
  • California Probate Code Section 2892
    (a) When a guardian or conservator, pursuant to letters of guardianship or conservatorship of the estate, opens or changes the name to an account or...
  • California Probate Code Section 2893
    (a) The written statement provided pursuant to Section 2892 by the financial institution shall be in the form of an affidavit signed by an officer...
  • California Probate Code Section 2900
    (a) (1) If the public guardian or public conservator determines that the requirements for appointment of a guardian or conservator of the estate are satisfied...
  • California Probate Code Section 2901
    (a) A public guardian who is authorized to take possession or control of property under this chapter may issue a written certification of that fact....
  • California Probate Code Section 2901.5
    (a) A public guardian or public conservator, who is authorized to restrain any person from transferring, encumbering, or in any way disposing of any real...
  • California Probate Code Section 2902
    A public guardian who takes possession or control of property pursuant to this chapter is entitled to reasonable costs incurred for the preservation of the...
  • California Probate Code Section 2903
    This chapter applies only to possession or control of property by a public guardian on or after July 1, 1989. Possession or control of property...
  • California Probate Code Section 2910
    (a) Upon a showing of probable cause to believe that a person is in substantial danger of abuse or neglect and needs a conservator of...
  • California Probate Code Section 2911
    A court order issued in response to a public guardian's petition pursuant to Section 2910 shall do all of the following: (a) Authorize health care...
  • California Probate Code Section 2920
    (a) If any person domiciled in the county requires a guardian or conservator and there is no one else who is qualified and willing to...
  • California Probate Code Section 2921
    An application of the public guardian for guardianship or conservatorship of the person, the estate, or the person and estate, of a person who is...
  • California Probate Code Section 2922
    If the public guardian is appointed as guardian or conservator: (a) Letters shall be issued in the same manner and by the same proceedings as...
  • California Probate Code Section 2923
    On or before January 1, 2008, the public guardian shall comply with the continuing education requirements that are established by the California State Association of...
  • California Probate Code Section 2940
    All funds coming into the custody of the public guardian shall be deposited or invested in the same manner and subject to the same terms...
  • California Probate Code Section 2941
    The public guardian may, if necessary and in the public guardian's discretion, employ private attorneys where the cost of employment can be defrayed out of...
  • California Probate Code Section 2942
    The public guardian shall be paid from the estate of the ward or conservatee for all of the following: (a) Reasonable expenses incurred in the...
  • California Probate Code Section 2943
    (a) Notwithstanding subdivision (c) of Section 2610, the property described in the inventory may be appraised by the public guardian and need not be appraised...
  • California Probate Code Section 2944
    The public guardian is not liable for failing to take possession or control of property that is beyond the ability of the public guardian to...
  • California Probate Code Section 2950
    (a) It is the intent of the Legislature to do all of the following: (1) Reduce the incidence of financial abuse perpetrated against mentally impaired...
  • California Probate Code Section 2951
    The definitions contained in this section shall govern the construction of this chapter, unless the context requires otherwise. (a) "Declaration" means a document that substantially...
  • California Probate Code Section 2952
    (a) A peace officer may issue a declaration, as provided in Section 2954, concerning an elder person if all of the following conditions are satisfied:...
  • California Probate Code Section 2953
    (a) (1) A public guardian who has taken possession or control of the property of an elder person pursuant to this chapter is entitled to...
  • California Probate Code Section 2954
    A declaration issued by a peace officer under this chapter shall not be valid unless it substantially complies with the following form: DECLARATION PRINT OR...
  • California Probate Code Section 2955
    Nothing in this chapter shall prohibit or restrict a public guardian from undertaking any other proceeding authorized by law.
  • California Probate Code Section 3000
    Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this part.
  • California Probate Code Section 3002
    "Community property" means community real property and community personal property, including, but not limited to, a community property business that is or was under the...
  • California Probate Code Section 3004
    "Conservator" means conservator of the estate, or limited conservator of the estate to the extent that the powers and duties of the limited conservator are...
  • California Probate Code Section 3006
    "Conservatorship estate" includes the guardianship estate of a married minor.
  • California Probate Code Section 3008
    "Conservatorship proceeding" means conservatorship of the estate proceeding and includes a guardianship of the estate proceeding of a married minor.
  • California Probate Code Section 3012
    (a) Unless the spouse lacks legal capacity under the applicable standard prescribed in subdivision (b), a spouse has legal capacity to: (1) Manage and control...
  • California Probate Code Section 3020
    (a) The proceeds, rents, issues, and profits of community property dealt with or disposed of under this division, and any property taken in exchange for...
  • California Probate Code Section 3023
    (a) Except as provided in subdivisions (b) and (c), where one or both of the spouses has a conservator, the court in which any of...
  • California Probate Code Section 3051
    (a) Subject to Section 3071, the right of a spouse to manage and control community property, including the right to dispose of community property, is...
  • California Probate Code Section 3054
    When community property is included or proposed to be included in the conservatorship estate of a spouse, the court in which the conservatorship proceeding is...
  • California Probate Code Section 3055
    (a) If consent is given under this article that community property be included in the conservatorship estate of a spouse, the death of either spouse...
  • California Probate Code Section 3056
    Except as otherwise provided in this part and subject to Section 3071, when community property is included in a conservatorship estate under this article for...
  • California Probate Code Section 3057
    (a) Where a spouse lacks legal capacity and does not have a conservator, any interested person who has knowledge or reason to believe that the...
  • California Probate Code Section 3070
    If the requirements of this article are satisfied with respect to a transaction described in Section 3071, the transaction is deemed to satisfy the joinder...
  • California Probate Code Section 3071
    (a) In case of a transaction for which the joinder or consent of both spouses is required by Section 1100 or 1102 of the Family...
  • California Probate Code Section 3072
    (a) Except as provided in subdivision (b), a conservator may join in or consent to a transaction under Section 3071 only after authorization by either...
  • California Probate Code Section 3073
    (a) The joinder or consent under Section 3071 of a spouse having legal capacity shall be in a manner that complies with Section 1100 or...
  • California Probate Code Section 3074
    Notwithstanding any other provision of this article, a transaction that affects real property, entered into by a person acting in good faith and for a...
  • California Probate Code Section 3080
    If one spouse has a conservator and the other spouse has the management or control of community property, the conservator or conservatee, a relative or...
  • California Probate Code Section 3081
    (a) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section...
  • California Probate Code Section 3082
    Upon the filing of a petition under this article, the court may cite the spouse who has the management or control of community property to...
  • California Probate Code Section 3083
    In any proceeding under this article, the court may, after notice and hearing, order the spouse who has the management or control of community property...
  • California Probate Code Section 3084
    When a petition is filed under this article, the spouse having the management or control of community property shall serve and file a current income...
  • California Probate Code Section 3085
    During the pendency of any proceeding under this article, the court, upon the application of the petitioner, may issue ex parte orders: (a) Restraining the...
  • California Probate Code Section 3086
    Any person interested in the proceeding under this article may request time for filing a response to the petition, for discovery proceedings, or for other...
  • California Probate Code Section 3087
    In a proceeding under this article, the court may hear and determine whether property is community property or the separate property of either spouse if...
  • California Probate Code Section 3088
    (a) The court may order the spouse who has the management or control of community property to apply the income or principal, or both, of...
  • California Probate Code Section 3089
    If the spouse who has the management or control of the community property refuses to comply with any order made under this article or an...
  • California Probate Code Section 3090
    Any order of the court made under this article may be enforced by the court by execution, the appointment of a receiver, contempt, or by...
  • California Probate Code Section 3091
    Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this article.
  • California Probate Code Section 3092
    Nothing in this article affects or limits the right of the conservator or any interested person to institute an action against any person to enforce...
  • California Probate Code Section 3100
    (a) As used in this chapter, "transaction" means a transaction that involves community real or personal property, tangible or intangible, or an interest therein or...
  • California Probate Code Section 3101
    (a) A proceeding may be brought under this chapter for a court order authorizing a proposed transaction, whether or not the proposed transaction is one...
  • California Probate Code Section 3102
    The transactions that may be the subject of a proceeding under this chapter include, but are not limited to: (a) Sale, conveyance, assignment, transfer, exchange,...
  • California Probate Code Section 3110
    (a) A proceeding under this chapter shall be brought by a petition filed in the superior court. (b) The proper county for commencement of the...
  • California Probate Code Section 3111
    (a) Except as provided in subdivision (b), any of the following persons may file, or join in, a petition under this chapter: (1) Either spouse,...
  • California Probate Code Section 3112
    (a) If a petitioning spouse is one whose legal capacity for the proposed transaction is to be determined in the proceeding, the court may do...
  • California Probate Code Section 3113
    A proceeding may be brought under this chapter by the conservator of a spouse, or by a spouse having legal capacity for the proposed transaction,...
  • California Probate Code Section 3120
    (a) Several proposed transactions may be included in one petition and proceeding under this chapter. (b) The petition may contain inconsistent allegations and may request...
  • California Probate Code Section 3121
    The petition shall set forth all of the following information: (a) The name, age, and residence of each spouse. (b) If one or both spouses...
  • California Probate Code Section 3122
    If the proceeding is brought for a court order authorizing a proposed transaction, the petition shall set forth, in addition to the information required by...
  • California Probate Code Section 3123
    If the proceeding is brought for a court order declaring that one or both spouses has legal capacity for a proposed transaction, the petition shall...
  • California Probate Code Section 3130
    (a) Except as provided in subdivision (b), upon the filing of the petition, the clerk shall issue a citation to each nonpetitioning spouse alleged to...
  • California Probate Code Section 3131
    (a) At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the time and place of the hearing...
  • California Probate Code Section 3140
    (a) A conservator served pursuant to this article shall, and the Director of State Hospitals or the Director of Developmental Services given notice pursuant to...
  • California Probate Code Section 3141
    (a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the spouse shall be produced at the...
  • California Probate Code Section 3142
    (a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the court, before commencement of the hearing...
  • California Probate Code Section 3143
    (a) If the petition requests that the court make an order declaring a spouse to have legal capacity for the proposed transaction and the court...
  • California Probate Code Section 3144
    (a) The court may authorize the proposed transaction if the court determines all of the following: (1) The property that is the subject of the...
  • California Probate Code Section 3145
    A court determination pursuant to this chapter that a spouse lacks legal capacity for the proposed transaction affects the legal capacity of the spouse for...
  • California Probate Code Section 3150
    (a) Unless the court for good cause dispenses with the bond, the court shall require the petitioner to give a bond, in the amount fixed...
  • California Probate Code Section 3151
    (a) The petitioner shall, upon receipt of the consideration therefor, execute, acknowledge, and deliver any necessary instruments or documents as directed by the court, setting...
  • California Probate Code Section 3152
    A sale, conveyance, assignment, transfer, exchange, encumbrance, security interest, mortgage, deed of trust, lease, dedication, release, or relinquishment, and any instrument or document, made pursuant...
  • California Probate Code Section 3153
    Notes, encumbrances, security interests, mortgages, leases, or deeds of trust, executed as provided in this chapter by a petitioning conservator create no personal liability against...
  • California Probate Code Section 3154
    (a) If any party to the transaction, other than the petitioner, does not consummate a transaction authorized by the court, the court, on application of...
  • California Probate Code Section 3200
    As used in this part: (a) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient's physical or...
  • California Probate Code Section 3201
    (a) A petition may be filed to determine that a patient has the capacity to make a health care decision concerning an existing or continuing...
  • California Probate Code Section 3202
    The petition may be filed in the superior court of any of the following counties: (a) The county in which the patient resides. (b) The...
  • California Probate Code Section 3203
    A petition may be filed by any of the following: (a) The patient. (b) The patient's spouse. (c) A relative or friend of the patient,...
  • California Probate Code Section 3204
    The petition shall state, or set forth by a medical declaration attached to the petition, all of the following known to the petitioner at the...
  • California Probate Code Section 3205
    Upon the filing of the petition, the court shall determine the name of the attorney the patient has retained to represent the patient in the...
  • California Probate Code Section 3206
    (a) Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall...
  • California Probate Code Section 3207
    Notwithstanding Section 3206, the matter presented by the petition may be submitted for the determination of the court upon proper and sufficient medical declarations if...
  • California Probate Code Section 3208
    (a) Except as provided in subdivision (b), the court may make an order authorizing the recommended health care for the patient and designating a person...
  • California Probate Code Section 3208.5
    In a proceeding under this part: (a) Where the patient has the capacity to consent to the recommended health care, the court shall so find...
  • California Probate Code Section 3209
    The court in which the petition is filed has continuing jurisdiction to revoke or modify an order made under this part upon a petition filed,...
  • California Probate Code Section 3210
    (a) This part is supplemental and alternative to other procedures or methods for obtaining consent to health care or making health care decisions, and is...
  • California Probate Code Section 3211
    (a) No person may be placed in a mental health treatment facility under the provisions of this part. (b) No experimental drug as defined in...
  • California Probate Code Section 3212
    Nothing in this part shall be construed to supersede or impair the right of any individual to choose treatment by spiritual means in lieu of...
  • California Probate Code Section 3300
    A parent who receives any money or property belonging to a minor under any provision of this part shall account to the minor for the...
  • California Probate Code Section 3303
    Nothing in this part limits the provisions of the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).
  • California Probate Code Section 3400
    (a) As used in this article, "total estate of the minor" includes both the money and other property belonging to the minor and the money...
  • California Probate Code Section 3401
    (a) Where a minor does not have a guardian of the estate, money or other property belonging to the minor may be paid or delivered...
  • California Probate Code Section 3402
    The written receipt of the parent giving the written assurance under Section 3401 shall be an acquittance of the person making the payment of money...
  • California Probate Code Section 3410
    (a) This article applies to both of the following cases: (1) Where the minor has a guardian of the estate and the sole asset of...
  • California Probate Code Section 3411
    (a) A parent of a minor entitled to custody of the minor, the guardian of the estate of the minor, or the person holding the...
  • California Probate Code Section 3412
    If the minor has a guardian of the estate and the sole asset of the guardianship estate is money, the court may order that the...
  • California Probate Code Section 3413
    If the minor has no guardian of the estate and there is money belonging to the minor, the court may order that a guardian of...
  • California Probate Code Section 3500
    (a) When a minor has a disputed claim for damages, money, or other property and does not have a guardian of the estate, the following...
  • California Probate Code Section 3600
    This chapter applies whenever both of the following conditions exist: (a) A court (1) approves a compromise of, or the execution of a covenant not...
  • California Probate Code Section 3601
    (a) The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing...
  • California Probate Code Section 3602
    (a) If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining...
  • California Probate Code Section 3603
    Where reference is made in this chapter to a "person with a disability," the reference shall be deemed to include the following: (a) A person...
  • California Probate Code Section 3604
    (a) (1) If a court makes an order under Section 3602 or 3611 that money of a minor or person with a disability be paid...
  • California Probate Code Section 3605
    (a) This section applies only to a special needs trust established under Section 3604 on or after January 1, 1993. (b) While the special needs...
  • California Probate Code Section 3610
    When money or other property is to be paid or delivered for the benefit of a minor or person with a disability under a compromise,...
  • California Probate Code Section 3611
    In any case described in Section 3610, the court making the order or giving the judgment referred to in Section 3600 shall, upon application of...
  • California Probate Code Section 3612
    (a) Notwithstanding any other provision of law and except to the extent the court orders otherwise, the court making the order under Section 3611 shall...
  • California Probate Code Section 3613
    Notwithstanding any other provision of this chapter, a court may not make an order or give a judgment pursuant to Section 3600, 3601, 3602, 3610,...
  • California Probate Code Section 3700
    As used in this chapter: (a) "Absentee" is defined in Section 1403. (b) "Certificate of missing status" means the official written report complying with Section...
  • California Probate Code Section 3701
    Upon petition as provided in this chapter, the court may set aside to the family of an absentee personal property of the absentee situated in...
  • California Probate Code Section 3702
    A petition that personal property of an absentee be set aside as provided in this chapter may be filed by any of the following persons:...
  • California Probate Code Section 3703
    (a) The petition shall contain all of the following: (1) A statement that the petition is filed under this chapter. (2) In its caption, the...
  • California Probate Code Section 3704
    (a) Notice of the nature of the proceedings and the time and place of the hearing shall be given by the petitioner at least 15...
  • California Probate Code Section 3705
    (a) Upon the hearing of the petition, any officer or agency of this state or the United States or the authorized delegate of the officer...
  • California Probate Code Section 3706
    A determination by the court that the value of all of the absentee's property, wherever situated, exceeds twenty thousand dollars ($20,000) or that the absentee...
  • California Probate Code Section 3707
    For the purposes of this chapter, any property or interest therein or lien thereon that the absentee holds as joint tenant shall be included in...
  • California Probate Code Section 3708
    (a) Within six months after the absentee has returned to the controllable jurisdiction of the military department or civilian agency or department concerned, or within...
  • California Probate Code Section 3710
    The family of an absentee may collect, receive, dispose of, or engage in any transaction relating to the absentee's personal property situated in this state...
  • California Probate Code Section 3711
    (a) If the conditions set forth in Section 3710 are satisfied, the family of the absentee may have any evidence of interest, indebtedness, or right...
  • California Probate Code Section 3712
    The time within which an absentee may commence an action against any person who executes an affidavit and receives property pursuant to this article commences...
  • California Probate Code Section 3720
    If an absentee executed a power of attorney that expires during the period that occasions absentee status, the power of attorney continues in full force...
  • California Probate Code Section 3721
    For the purposes of Chapter 5 (commencing with Section 4300) of Part 2 of Division 4.5, in the case of a principal who is an...
  • California Probate Code Section 3722
    If after the absentee executes a power of attorney, the principal's spouse who is the attorney-in-fact commences a proceeding for dissolution, annulment, or legal separation,...
  • California Probate Code Section 3800
    (a) If a nonresident has a duly appointed, qualified, and acting guardian, conservator, committee, or comparable fiduciary in the place of residence and if no...
  • California Probate Code Section 3801
    (a) The petition shall be made upon 15 days' notice, by mail or personal delivery, to all of the following persons: (1) The personal representative...
  • California Probate Code Section 3802
    (a) The nonresident fiduciary shall produce and file one of the following certificates: (1) A certificate that the fiduciary is entitled, by the laws of...
  • California Probate Code Section 3803
    (a) Upon the petition, if the court determines that removal of the property will not conflict with any restriction or limitation on the property or...
  • California Probate Code Section 3900
    This part may be cited as the "California Uniform Transfers to Minors Act."
  • California Probate Code Section 3901
    In this part: (a) "Adult" means an individual who has attained the age of 18 years. (b) "Benefit plan" means an employer's plan for the...
  • California Probate Code Section 3902
    (a) This part applies to a transfer that refers to this part in the designation under subdivision (a) of Section 3909 by which the transfer...
  • California Probate Code Section 3903
    (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian...
  • California Probate Code Section 3904
    A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for...
  • California Probate Code Section 3905
    (a) A personal representative or trustee may make an irrevocable transfer pursuant to Section 3909 to a custodian for the benefit of a minor as...
  • California Probate Code Section 3906
    (a) Subject to subdivision (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the...
  • California Probate Code Section 3907
    (a) Subject to subdivisions (b) and (c), a person not subject to Section 3905 or 3906 who holds property of, or owes a liquidated debt...
  • California Probate Code Section 3908
    A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this part.
  • California Probate Code Section 3909
    (a) Custodial property is created and a transfer is made whenever any of the following occurs: (1) An uncertificated security or a certificated security in...
  • California Probate Code Section 3910
    A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this part by...
  • California Probate Code Section 3911
    (a) The validity of a transfer made in a manner prescribed in this part is not affected by any of the following: (1) Failure of...
  • California Probate Code Section 3912
    (a) A custodian shall do all of the following: (1) Take control of custodial property. (2) Register or record title to custodial property if appropriate....
  • California Probate Code Section 3913
    (a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their...
  • California Probate Code Section 3914
    (a) A custodian may deliver or pay to the minor or expend for the minor's benefit as much of the custodial property as the custodian...
  • California Probate Code Section 3915
    (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (b) Except for one...
  • California Probate Code Section 3916
    A third person in good faith and without court order may act on the instructions of, or otherwise deal with, any person purporting to make...
  • California Probate Code Section 3917
    (a) A claim based on (1) a contract entered into by a custodian acting in a custodial capacity, (2) an obligation arising from the ownership...
  • California Probate Code Section 3918
    (a) A person nominated under Section 3903 or designated under Section 3909 as custodian may decline to serve by delivering a valid disclaimer under Part...
  • California Probate Code Section 3919
    (a) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the...
  • California Probate Code Section 3920
    The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of the following:...
  • California Probate Code Section 3920.5
    (a) Subject to the requirements and limitations of this section, the time for transfer to the minor of custodial property transferred under or pursuant to...
  • California Probate Code Section 3921
    Subject to the power of the court to transfer actions and proceedings as provided in the Code of Civil Procedure, a petition filed under this...
  • California Probate Code Section 3922
    This part applies to a transfer within the scope of Section 3902 made on or after January 1, 1985, if either of the following requirements...
  • California Probate Code Section 3923
    (a) As used in this section, "California Uniform Gifts to Minors Act" means former Article 4 (commencing with Section 1154) of Chapter 3 of Title...
  • California Probate Code Section 3925
    This part shall not be construed as providing an exclusive method for making gifts or other transfers to minors.
  • California Probate Code Section 4000
    This division may be cited as the Power of Attorney Law.
  • California Probate Code Section 4001
    Sections 4124, 4125, 4126, 4127, 4206, 4304, and 4305 may be cited as the Uniform Durable Power of Attorney Act.
  • California Probate Code Section 4010
    Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
  • California Probate Code Section 4014
    (a) "Attorney-in-fact" means a person granted authority to act for the principal in a power of attorney, regardless of whether the person is known as...
  • California Probate Code Section 4018
    "Durable power of attorney" means a power of attorney that satisfies the requirements for durability provided in Section 4124.
  • California Probate Code Section 4022
    "Power of attorney" means a written instrument, however denominated, that is executed by a natural person having the capacity to contract and that grants authority...
  • California Probate Code Section 4026
    "Principal" means a natural person who executes a power of attorney.
  • California Probate Code Section 4030
    "Springing power of attorney" means a power of attorney that by its terms becomes effective at a specified future time or on the occurrence of...
  • California Probate Code Section 4034
    "Third person" means any person other than the principal or attorney-in-fact.
  • California Probate Code Section 4050
    (a) This division applies to the following: (1) Durable powers of attorney, other than powers of attorney for health care governed by Division 4.7 (commencing...
  • California Probate Code Section 4051
    Except where this division provides a specific rule, the general law of agency, including Article 2 (commencing with Section 2019) of Chapter 2 of Title...
  • California Probate Code Section 4052
    (a) If a power of attorney provides that the Power of Attorney Law of this state governs the power of attorney or otherwise indicates the...
  • California Probate Code Section 4053
    A durable power of attorney executed in another state or jurisdiction in compliance with the law of that state or jurisdiction or the law of...
  • California Probate Code Section 4054
    Except as otherwise provided by statute: (a) On and after January 1, 1995, this division applies to all powers of attorney regardless of whether they...
  • California Probate Code Section 4100
    This part applies to all powers of attorney under this division, subject to any special rules applicable to statutory form powers of attorney under Part...
  • California Probate Code Section 4101
    (a) Except as provided in subdivision (b), the principal may limit the application of any provision of this division by an express statement in the...
  • California Probate Code Section 4102
    Notwithstanding Section 4128: (a) Except as provided in subdivision (b), on and after January 1, 1995, a printed form of a durable power of attorney...
  • California Probate Code Section 4120
    A natural person having the capacity to contract may execute a power of attorney.
  • California Probate Code Section 4121
    A power of attorney is legally sufficient if all of the following requirements are satisfied: (a) The power of attorney contains the date of its...
  • California Probate Code Section 4122
    If the power of attorney is signed by witnesses, as provided in Section 4121, the following requirements shall be satisfied: (a) The witnesses shall be...
  • California Probate Code Section 4123
    (a) In a power of attorney under this division, a principal may grant authority to an attorney-in-fact to act on the principal's behalf with respect...
  • California Probate Code Section 4124
    A durable power of attorney is a power of attorney by which a principal designates another person as attorney-in-fact in writing and the power of...
  • California Probate Code Section 4125
    All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of incapacity of the principal have the same effect...
  • California Probate Code Section 4126
    (a) A principal may nominate, by a durable power of attorney, a conservator of the person or estate or both, or a guardian of the...
  • California Probate Code Section 4127
    Unless a power of attorney states a time of termination, the authority of the attorney-in-fact is exercisable notwithstanding any lapse of time since execution of...
  • California Probate Code Section 4128
    (a) Subject to subdivision (b), a printed form of a durable power of attorney that is sold or otherwise distributed in this state for use...
  • California Probate Code Section 4129
    (a) In a springing power of attorney, the principal may designate one or more persons who, by a written declaration under penalty of perjury, have...
  • California Probate Code Section 4130
    (a) If a principal grants inconsistent authority to one or more attorneys-in-fact in two or more powers of attorney, the authority granted last controls to...
  • California Probate Code Section 4150
    (a) A principal may modify a power of attorney as follows: (1) In accordance with the terms of the power of attorney. (2) By an...
  • California Probate Code Section 4151
    (a) A principal may revoke a power of attorney as follows: (1) In accordance with the terms of the power of attorney. (2) By a...
  • California Probate Code Section 4152
    (a) Subject to subdivision (b), the authority of an attorney-in-fact under a power of attorney is terminated by any of the following events: (1) In...
  • California Probate Code Section 4153
    (a) The authority of an attorney-in-fact under a power of attorney may be revoked as follows: (1) In accordance with the terms of the power...
  • California Probate Code Section 4154
    (a) If after executing a power of attorney the principal's marriage to the attorney-in-fact is dissolved or annulled, the principal's designation of the former spouse...
  • California Probate Code Section 4155
    (a) Subject to subdivision (b), the authority of an attorney-in-fact under a nondurable power of attorney is terminated by the incapacity of the principal to...
  • California Probate Code Section 4200
    Only a person having the capacity to contract is qualified to act as an attorney-in-fact.
  • California Probate Code Section 4201
    Designating an unqualified person as an attorney-in-fact does not affect the immunities of third persons nor relieve the unqualified person of any applicable duties to...
  • California Probate Code Section 4202
    (a) A principal may designate more than one attorney-in-fact in one or more powers of attorney. (b) Authority granted to two or more attorneys-in-fact is...
  • California Probate Code Section 4203
    (a) A principal may designate one or more successor attorneys-in-fact to act if the authority of a predecessor attorney-in-fact terminates. (b) The principal may grant...
  • California Probate Code Section 4204
    An attorney-in-fact is entitled to reasonable compensation for services rendered to the principal as attorney-in-fact and to reimbursement for reasonable expenses incurred as a result...
  • California Probate Code Section 4205
    (a) An attorney-in-fact may revocably delegate authority to perform mechanical acts to one or more persons qualified to exercise the authority delegated. (b) The attorney-in-fact...
  • California Probate Code Section 4206
    (a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator of the estate, guardian of the...
  • California Probate Code Section 4207
    (a) An attorney-in-fact may resign by any of the following means: (1) If the principal is competent, by giving notice to the principal. (2) If...
  • California Probate Code Section 4230
    (a) Except as provided in subdivisions (b) and (c), a person who is designated as an attorney-in-fact has no duty to exercise the authority granted...
  • California Probate Code Section 4231
    (a) Except as provided in subdivision (b), in dealing with property of the principal, an attorney-in-fact shall observe the standard of care that would be...
  • California Probate Code Section 4231.5
    (a) If the attorney-in-fact breaches a duty pursuant to this division, the attorney-in-fact is chargeable with any of the following, as appropriate under the circumstances:...
  • California Probate Code Section 4232
    (a) An attorney-in-fact has a duty to act solely in the interest of the principal and to avoid conflicts of interest. (b) An attorney-in-fact is...
  • California Probate Code Section 4233
    (a) The attorney-in-fact shall keep the principal's property separate and distinct from other property in a manner adequate to identify the property clearly as belonging...
  • California Probate Code Section 4234
    (a) To the extent reasonably practicable under the circumstances, an attorney-in-fact has a duty to keep in regular contact with the principal, to communicate with...
  • California Probate Code Section 4235
    If the principal becomes wholly or partially incapacitated, or if there is a question concerning the capacity of the principal to give instructions to and...
  • California Probate Code Section 4236
    (a) The attorney-in-fact shall keep records of all transactions entered into by the attorney-in-fact on behalf of the principal. (b) The attorney-in-fact does not have...
  • California Probate Code Section 4237
    An attorney-in-fact with special skills has a duty to apply the full extent of those skills.
  • California Probate Code Section 4238
    (a) On termination of an attorney-in-fact's authority, the attorney-in-fact shall promptly deliver possession or control of the principal's property as follows: (1) If the principal...
  • California Probate Code Section 4260
    (a) Except as specified in subdivision (b), this article applies to all powers of attorney under this division. (b) Sections 4261 and 4263 do not...
  • California Probate Code Section 4261
    If a power of attorney grants general authority to an attorney-in-fact and is not limited to one or more express actions, subjects, or purposes for...
  • California Probate Code Section 4262
    Subject to this article, if a power of attorney grants limited authority to an attorney-in-fact, the attorney-in-fact has the following authority: (a) The authority granted...
  • California Probate Code Section 4263
    (a) A power of attorney may grant authority to the attorney-in-fact by incorporating powers by reference to another statute, including, but not limited to, the...
  • California Probate Code Section 4264
    An attorney-in-fact under a power of attorney may perform any of the following acts on behalf of the principal or with the property of the...
  • California Probate Code Section 4265
    A power of attorney may not authorize an attorney-in-fact to make, publish, declare, amend, or revoke the principal's will.
  • California Probate Code Section 4266
    The grant of authority to an attorney-in-fact, whether by the power of attorney, by statute, or by the court, does not in itself require or...
  • California Probate Code Section 4300
    A third person shall accord an attorney-in-fact acting pursuant to the provisions of a power of attorney the same rights and privileges that would be...
  • California Probate Code Section 4301
    A third person may rely on, contract with, and deal with an attorney-in-fact with respect to the subjects and purposes encompassed or expressed in the...
  • California Probate Code Section 4302
    When requested to engage in transactions with an attorney-in-fact, a third person, before incurring any duty to comply with the power of attorney, may require...
  • California Probate Code Section 4303
    (a) A third person who acts in good faith reliance on a power of attorney is not liable to the principal or to any other...
  • California Probate Code Section 4304
    (a) The death of a principal who has executed a power of attorney, whether durable or nondurable, does not revoke or terminate the agency as...
  • California Probate Code Section 4305
    (a) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney-in-fact under a power of attorney, whether durable or nondurable,...
  • California Probate Code Section 4306
    (a) If an attorney-in-fact furnishes an affidavit pursuant to Section 4305, whether voluntarily or on demand, a third person dealing with the attorney-in-fact who refuses...
  • California Probate Code Section 4307
    (a) A copy of a power of attorney certified under this section has the same force and effect as the original power of attorney. (b)...
  • California Probate Code Section 4308
    (a) A third person who conducts activities through employees is not charged under this chapter with actual knowledge of any fact relating to a power...
  • California Probate Code Section 4309
    Nothing in this chapter requires a third person to engage in any transaction with an attorney-in-fact if the attorney-in-fact has previously breached any agreement with...
  • California Probate Code Section 4310
    Without limiting the generality of Section 4300, nothing in this chapter requires a financial institution to open a deposit account for a principal at the...
  • California Probate Code Section 4400
    This part may be cited as the Uniform Statutory Form Power of Attorney Act.
  • California Probate Code Section 4401
    The following statutory form power of attorney is legally sufficient when the requirements of Section 4402 are satisfied: * * * * * * *...
  • California Probate Code Section 4402
    A statutory form power of attorney under this part is legally sufficient if all of the following requirements are satisfied: (a) The wording of the...
  • California Probate Code Section 4403
    If the line in front of (N) of the statutory form under Section 4401 is initialed, an initial on the line in front of any...
  • California Probate Code Section 4404
    A statutory form power of attorney legally sufficient under this part is durable to the extent that the power of attorney contains language, such as...
  • California Probate Code Section 4405
    (a) A statutory form power of attorney under this part that limits the power to take effect upon the occurrence of a specified event or...
  • California Probate Code Section 4406
    (a) If a third person to whom a properly executed statutory form power of attorney under this part is presented refuses to honor the agent's...
  • California Probate Code Section 4407
    The provisions of this division apply to a statutory form power of attorney except when there is a conflicting provision in this part, in which...
  • California Probate Code Section 4408
    Nothing in this part affects or limits the use of any other form for a power of attorney. A form that complies with the requirements...
  • California Probate Code Section 4409
    (a) A statutory short form power of attorney executed before, on, or after the repeal of Chapter 3 (commencing with Section 2450) of Title 9...
  • California Probate Code Section 4450
    By executing a statutory form power of attorney with respect to a subject listed in Section 4401, the principal, except as limited or extended by...
  • California Probate Code Section 4451
    In a statutory form power of attorney, the language granting power with respect to real property transactions empowers the agent to do all of the...
  • California Probate Code Section 4452
    In a statutory form power of attorney, the language granting power with respect to tangible personal property transactions empowers the agent to do all of...
  • California Probate Code Section 4453
    In a statutory form power of attorney, the language granting power with respect to stock and bond transactions empowers the agent to do all of...
  • California Probate Code Section 4454
    In a statutory form power of attorney, the language granting power with respect to commodity and option transactions empowers the agent to do all of...
  • California Probate Code Section 4455
    In a statutory form power of attorney, the language granting power with respect to banking and other financial institution transactions empowers the agent to do...
  • California Probate Code Section 4456
    In a statutory form power of attorney, the language granting power with respect to business operating transactions empowers the agent to do all of the...
  • California Probate Code Section 4457
    In a statutory form power of attorney, the language granting power with respect to insurance and annuity transactions empowers the agent to do all of...
  • California Probate Code Section 4458
    In a statutory form power of attorney, the language granting power with respect to estate, trust, and other beneficiary transactions, empowers the agent to act...
  • California Probate Code Section 4459
    In a statutory form power of attorney, the language with respect to claims and litigation empowers the agent to do all of the following: (a)...
  • California Probate Code Section 4460
    (a) In a statutory form power of attorney, the language granting power with respect to personal and family maintenance empowers the agent to do all...
  • California Probate Code Section 4461
    In a statutory form power of attorney, the language granting power with respect to benefits from social security, Medicare, Medicaid, or other governmental programs, or...
  • California Probate Code Section 4462
    In a statutory form power of attorney, the language granting power with respect to retirement plan transactions empowers the agent to do all of the...
  • California Probate Code Section 4463
    In a statutory form power of attorney, the language granting power with respect to tax matters empowers the agent to do all of the following:...
  • California Probate Code Section 4464
    The powers described in this chapter are exercisable equally with respect to an interest the principal has when the statutory form power of attorney is...
  • California Probate Code Section 4465
    A statutory form power of attorney under this part does not empower the agent to take any of the actions specified in Section 4264 unless...
  • California Probate Code Section 4500
    A power of attorney is exercisable free of judicial intervention, subject to this part.
  • California Probate Code Section 4501
    The remedies provided in this part are cumulative and not exclusive of any other remedies provided by law.
  • California Probate Code Section 4502
    Except as provided in Section 4503, this part is not subject to limitation in the power of attorney.
  • California Probate Code Section 4503
    (a) Subject to subdivision (b), a power of attorney may expressly eliminate the authority of a person listed in Section 4540 to petition the court...
  • California Probate Code Section 4504
    There is no right to a jury trial in proceedings under this division.
  • California Probate Code Section 4505
    Except as otherwise provided in this division, the general provisions in Division 3 (commencing with Section 1000) apply to proceedings under this division.
  • California Probate Code Section 4520
    (a) The superior court has jurisdiction in proceedings under this division. (b) The court in proceedings under this division is a court of general jurisdiction...
  • California Probate Code Section 4521
    The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure.
  • California Probate Code Section 4522
    Without limiting Section 4521, a person who acts as an attorney-in-fact under a power of attorney governed by this division is subject to personal jurisdiction...
  • California Probate Code Section 4523
    The proper county for commencement of a proceeding under this division shall be determined in the following order of priority: (a) The county in which...
  • California Probate Code Section 4540
    Subject to Section 4503, a petition may be filed under this part by any of the following persons: (a) The attorney-in-fact. (b) The principal. (c)...
  • California Probate Code Section 4541
    A petition may be filed under this part for any one or more of the following purposes: (a) Determining whether the power of attorney is...
  • California Probate Code Section 4542
    A proceeding under this part is commenced by filing a petition stating facts showing that the petition is authorized under this part, the grounds of...
  • California Probate Code Section 4543
    The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the principal...
  • California Probate Code Section 4544
    (a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner shall serve notice of the time and place...
  • California Probate Code Section 4545
    In a proceeding under this part commenced by the filing of a petition by a person other than the attorney-in-fact, the court may in its...
  • California Probate Code Section 4600
    This division may be cited as the Health Care Decisions Law.
  • California Probate Code Section 4603
    Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
  • California Probate Code Section 4605
    "Advance health care directive" or "advance directive" means either an individual health care instruction or a power of attorney for health care.
  • California Probate Code Section 4607
    (a) "Agent" means an individual designated in a power of attorney for health care to make a health care decision for the principal, regardless of...
  • California Probate Code Section 4609
    "Capacity" means a person's ability to understand the nature and consequences of a decision and to make and communicate a decision, and includes in the...
  • California Probate Code Section 4611
    "Community care facility" means a "community care facility" as defined in Section 1502 of the Health and Safety Code.
  • California Probate Code Section 4613
    "Conservator" means a court-appointed conservator having authority to make a health care decision for a patient.
  • California Probate Code Section 4615
    "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient's physical or mental condition.
  • California Probate Code Section 4617
    "Health care decision" means a decision made by a patient or the patient's agent, conservator, or surrogate, regarding the patient' s health care, including the...
  • California Probate Code Section 4619
    "Health care institution" means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary...
  • California Probate Code Section 4621
    "Health care provider" means an individual licensed, certified, or otherwise authorized or permitted by the law of this state to provide health care in the...
  • California Probate Code Section 4623
    "Individual health care instruction" or "individual instruction" means a patient's written or oral direction concerning a health care decision for the patient.
  • California Probate Code Section 4625
    "Patient" means an adult whose health care is under consideration, and includes a principal under a power of attorney for health care and an adult...
  • California Probate Code Section 4627
    "Physician" means a physician and surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California.
  • California Probate Code Section 4629
    "Power of attorney for health care" means a written instrument designating an agent to make health care decisions for the principal.
  • California Probate Code Section 4631
    "Primary physician" means a physician designated by a patient or the patient's agent, conservator, or surrogate, to have primary responsibility for the patient's health care...
  • California Probate Code Section 4633
    "Principal" means an adult who executes a power of attorney for health care.
  • California Probate Code Section 4635
    "Reasonably available" means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of...
  • California Probate Code Section 4637
    "Residential care facility for the elderly" means a "residential care facility for the elderly" as defined in Section 1569.2 of the Health and Safety Code.
  • California Probate Code Section 4639
    "Skilled nursing facility" means a "skilled nursing facility" as defined in Section 1250 of the Health and Safety Code.
  • California Probate Code Section 4641
    "Supervising health care provider" means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health...
  • California Probate Code Section 4643
    "Surrogate" means an adult, other than a patient's agent or conservator, authorized under this division to make a health care decision for the patient.
  • California Probate Code Section 4650
    The Legislature finds the following: (a) In recognition of the dignity and privacy a person has a right to expect, the law recognizes that an...
  • California Probate Code Section 4651
    (a) Except as otherwise provided, this division applies to health care decisions for adults who lack capacity to make health care decisions for themselves. (b)...
  • California Probate Code Section 4652
    This division does not authorize consent to any of the following on behalf of a patient: (a) Commitment to or placement in a mental health...
  • California Probate Code Section 4653
    Nothing in this division shall be construed to condone, authorize, or approve mercy killing, assisted suicide, or euthanasia. This division is not intended to permit...
  • California Probate Code Section 4654
    This division does not authorize or require a health care provider or health care institution to provide health care contrary to generally accepted health care...
  • California Probate Code Section 4655
    (a) This division does not create a presumption concerning the intention of a patient who has not made or who has revoked an advance health...
  • California Probate Code Section 4656
    Death resulting from withholding or withdrawing health care in accordance with this division does not for any purpose constitute a suicide or homicide or legally...
  • California Probate Code Section 4657
    A patient is presumed to have the capacity to make a health care decision, to give or revoke an advance health care directive, and to...
  • California Probate Code Section 4658
    Unless otherwise specified in a written advance health care directive, for the purposes of this division, a determination that a patient lacks or has recovered...
  • California Probate Code Section 4659
    (a) Except as provided in subdivision (b), none of the following persons may make health care decisions as an agent under a power of attorney...
  • California Probate Code Section 4660
    A copy of a written advance health care directive, revocation of an advance directive, or designation or disqualification of a surrogate has the same effect...
  • California Probate Code Section 4665
    Except as otherwise provided by statute: (a) On and after July 1, 2000, this division applies to all advance health care directives, including, but not...
  • California Probate Code Section 4670
    An adult having capacity may give an individual health care instruction. The individual instruction may be oral or written. The individual instruction may be limited...
  • California Probate Code Section 4671
    (a) An adult having capacity may execute a power of attorney for health care, as provided in Article 2 (commencing with Section 4680). The power...
  • California Probate Code Section 4672
    (a) A written advance health care directive may include the individual's nomination of a conservator of the person or estate or both, or a guardian...
  • California Probate Code Section 4673
    (a) A written advance health care directive is legally sufficient if all of the following requirements are satisfied: (1) The advance directive contains the date...
  • California Probate Code Section 4674
    If the written advance health care directive is signed by witnesses, as provided in Section 4673, the following requirements shall be satisfied: (a) The witnesses...
  • California Probate Code Section 4675
    (a) If an individual is a patient in a skilled nursing facility when a written advance health care directive is executed, the advance directive is...
  • California Probate Code Section 4676
    (a) A written advance health care directive or similar instrument executed in another state or jurisdiction in compliance with the laws of that state or...
  • California Probate Code Section 4677
    A health care provider, health care service plan, health care institution, disability insurer, self-insured employee welfare plan, or nonprofit hospital plan or a similar insurance...
  • California Probate Code Section 4678
    Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights...
  • California Probate Code Section 4680
    A power of attorney for health care is legally sufficient if it satisfies the requirements of Section 4673.
  • California Probate Code Section 4681
    (a) Except as provided in subdivision (b), the principal may limit the application of any provision of this division by an express statement in the...
  • California Probate Code Section 4682
    Unless otherwise provided in a power of attorney for health care, the authority of an agent becomes effective only on a determination that the principal...
  • California Probate Code Section 4683
    Subject to any limitations in the power of attorney for health care: (a) An agent designated in the power of attorney may make health care...
  • California Probate Code Section 4684
    An agent shall make a health care decision in accordance with the principal's individual health care instructions, if any, and other wishes to the extent...
  • California Probate Code Section 4685
    Unless the power of attorney for health care provides otherwise, the agent designated in the power of attorney who is known to the health care...
  • California Probate Code Section 4686
    Unless the power of attorney for health care provides a time of termination, the authority of the agent is exercisable notwithstanding any lapse of time...
  • California Probate Code Section 4687
    Nothing in this division affects any right the person designated as an agent under a power of attorney for health care may have, apart from...
  • California Probate Code Section 4688
    Where this division does not provide a rule governing agents under powers of attorney, the law of agency applies.
  • California Probate Code Section 4689
    Nothing in this division authorizes an agent under a power of attorney for health care to make a health care decision if the principal objects...
  • California Probate Code Section 4690
    (a) If the principal becomes wholly or partially incapacitated, or if there is a question concerning the capacity of the principal, the agent may consult...
  • California Probate Code Section 4695
    (a) A patient having capacity may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care...
  • California Probate Code Section 4696
    A health care provider, agent, conservator, or surrogate who is informed of a revocation of an advance health care directive shall promptly communicate the fact...
  • California Probate Code Section 4697
    (a) If after executing a power of attorney for health care the principal's marriage to the agent is dissolved or annulled, the principal's designation of...
  • California Probate Code Section 4698
    An advance health care directive that conflicts with an earlier advance directive revokes the earlier advance directive to the extent of the conflict.
  • California Probate Code Section 4700
    The form provided in Section 4701 may, but need not, be used to create an advance health care directive. The other sections of this division...
  • California Probate Code Section 4701
    The statutory advance health care directive form is as follows: ADVANCE HEALTH CARE DIRECTIVE (California Probate Code Section 4701) Explanation You have the right to...
  • California Probate Code Section 4711
    (a) A patient may designate an adult as a surrogate to make health care decisions by personally informing the supervising health care provider. The designation...
  • California Probate Code Section 4714
    A surrogate, including a person acting as a surrogate, shall make a health care decision in accordance with the patient's individual health care instructions, if...
  • California Probate Code Section 4715
    A patient having capacity at any time may disqualify another person, including a member of the patient's family, from acting as the patient's surrogate by...
  • California Probate Code Section 4716
    (a) If a patient lacks the capacity to make a health care decision, the patient's domestic partner shall have the same authority as a spouse...
  • California Probate Code Section 4717
    (a) Notwithstanding any other provision of law, within 24 hours of the arrival in the emergency department of a general acute care hospital of a...
  • California Probate Code Section 4730
    Before implementing a health care decision made for a patient, a supervising health care provider, if possible, shall promptly communicate to the patient the decision...
  • California Probate Code Section 4731
    (a) A supervising health care provider who knows of the existence of an advance health care directive, a revocation of an advance health care directive,...
  • California Probate Code Section 4732
    A primary physician who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists affecting...
  • California Probate Code Section 4733
    Except as provided in Sections 4734 and 4735, a health care provider or health care institution providing care to a patient shall do the following:...
  • California Probate Code Section 4734
    (a) A health care provider may decline to comply with an individual health care instruction or health care decision for reasons of conscience. (b) A...
  • California Probate Code Section 4735
    A health care provider or health care institution may decline to comply with an individual health care instruction or health care decision that requires medically...
  • California Probate Code Section 4736
    A health care provider or health care institution that declines to comply with an individual health care instruction or health care decision shall do all...
  • California Probate Code Section 4740
    A health care provider or health care institution acting in good faith and in accordance with generally accepted health care standards applicable to the health...
  • California Probate Code Section 4741
    A person acting as agent or surrogate under this part is not subject to civil or criminal liability or to discipline for unprofessional conduct for...
  • California Probate Code Section 4742
    (a) A health care provider or health care institution that intentionally violates this part is subject to liability to the aggrieved individual for damages of...
  • California Probate Code Section 4743
    Any person who alters or forges a written advance health care directive of another, or willfully conceals or withholds personal knowledge of a revocation of...
  • California Probate Code Section 4750
    Subject to this division: (a) An advance health care directive is effective and exercisable free of judicial intervention. (b) A health care decision made by...
  • California Probate Code Section 4751
    The remedies provided in this part are cumulative and not exclusive of any other remedies provided by law.
  • California Probate Code Section 4752
    Except as provided in Section 4753, this part is not subject to limitation in an advance health care directive.
  • California Probate Code Section 4753
    (a) Subject to subdivision (b), an advance health care directive may expressly eliminate the authority of a person listed in Section 4765 to petition the...
  • California Probate Code Section 4754
    There is no right to a jury trial in proceedings under this division.
  • California Probate Code Section 4755
    Except as otherwise provided in this division, the general provisions in Division 3 (commencing with Section 1000) apply to proceedings under this division.
  • California Probate Code Section 4760
    (a) The superior court has jurisdiction in proceedings under this division. (b) The court in proceedings under this division is a court of general jurisdiction...
  • California Probate Code Section 4761
    The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure.
  • California Probate Code Section 4762
    Without limiting Section 4761, a person who acts as an agent under a power of attorney for health care or as a surrogate under this...
  • California Probate Code Section 4763
    The proper county for commencement of a proceeding under this division shall be determined in the following order of priority: (a) The county in which...
  • California Probate Code Section 4765
    Subject to Section 4753, a petition may be filed under this part by any of the following persons: (a) The patient. (b) The patient's spouse,...
  • California Probate Code Section 4766
    A petition may be filed under this part for any one or more of the following purposes: (a) Determining whether or not the patient has...
  • California Probate Code Section 4767
    A proceeding under this part is commenced by filing a petition stating facts showing that the petition is authorized under this part, the grounds of...
  • California Probate Code Section 4768
    The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the patient...
  • California Probate Code Section 4769
    (a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner shall serve notice of the time and place...
  • California Probate Code Section 4770
    The court in its discretion, on a showing of good cause, may issue a temporary order prescribing the health care of the patient until the...
  • California Probate Code Section 4771
    In a proceeding under this part commenced by the filing of a petition by a person other than the agent or surrogate, the court may...
  • California Probate Code Section 4780
    (a) As used in this part: (1) "Request regarding resuscitative measures" means a written document, signed by (A) an individual with capacity, or a legally...
  • California Probate Code Section 4781
    As used in this part, "health care provider" includes, but is not limited to, the following: (a) Persons described in Section 4621. (b) Emergency response...
  • California Probate Code Section 4781.2
    (a) A health care provider shall treat an individual in accordance with a Physician Orders for Life Sustaining Treatment form. (b) Subdivision (a) does not...
  • California Probate Code Section 4781.4
    If the orders in an individual's request regarding resuscitative measures directly conflict with his or her individual health care instruction, as defined in Section 4623,...
  • California Probate Code Section 4781.5
    The legally recognized health care decisionmaker shall make health care decisions pursuant to this part in accordance with Sections 4684 and 4714.
  • California Probate Code Section 4782
    A health care provider who honors a request regarding resuscitative measures is not subject to criminal prosecution, civil liability, discipline for unprofessional conduct, administrative sanction,...
  • California Probate Code Section 4783
    (a) Forms for requests regarding resuscitative measures printed after January 1, 1995, shall contain the following: "By signing this form, the legally recognized health care...
  • California Probate Code Section 4784
    In the absence of knowledge to the contrary, a health care provider may presume that a request regarding resuscitative measures is valid and unrevoked.
  • California Probate Code Section 4785
    This part applies regardless of whether the individual executing a request regarding resuscitative measures is within or outside a hospital or other health care institution.
  • California Probate Code Section 4786
    This part does not repeal or narrow laws relating to health care decisionmaking.
  • California Probate Code Section 4800
    (a) The Secretary of State shall establish a registry system through which a person who has executed a written advance health care directive may register...
  • California Probate Code Section 4801
    The Secretary of State shall establish procedures to verify the identities of health care providers, the public guardian, and other authorized persons requesting information pursuant...
  • California Probate Code Section 4802
    The Secretary of State shall establish procedures to advise each registrant of the following: (a) A health care provider may not honor a written advance...
  • California Probate Code Section 4803
    Failure to register with the Secretary of State does not affect the validity of any advance health care directive.
  • California Probate Code Section 4804
    Registration with the Secretary of State does not affect the ability of the registrant to revoke the registrant's advance health care directive or a later...
  • California Probate Code Section 4805
    Nothing in this part shall be construed to affect the duty of a health care provider to provide information to a patient regarding advance health...
  • California Probate Code Section 4806
    (a) The Secretary of State shall work with the State Department of Health Services and the office of the Attorney General to develop information about...
  • California Probate Code Section 5000
    (a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account...
  • California Probate Code Section 5002
    Notwithstanding any other provision of this part, a holder of property under an instrument of a type described in Section 5000 is not required to...
  • California Probate Code Section 5003
    (a) A holder of property under an instrument of a type described in Section 5000 may transfer the property in compliance with a provision for...
  • California Probate Code Section 5010
    As used in this chapter, "written consent" to a provision for a nonprobate transfer of community property on death includes a written joinder in such...
  • California Probate Code Section 5011
    Notwithstanding any other provision of this part, the rights of the parties in a nonprobate transfer of community property on death are subject to all...
  • California Probate Code Section 5012
    A provision of this chapter concerning rights between a married person and the person's spouse in community property is relevant only to controversies between the...
  • California Probate Code Section 5013
    Nothing in this chapter limits the effect of a surviving spouse's waiver of rights in community property under Chapter 1 (commencing with Section 140) of...
  • California Probate Code Section 5014
    (a) Except as provided in subdivision (b), this chapter applies to a provision for a nonprobate transfer of community property on the death of a...
  • California Probate Code Section 5015
    Nothing in this chapter limits the application of principles of fraud, undue influence, duress, mistake, or other invalidating cause to a written consent to a...
  • California Probate Code Section 5020
    A provision for a nonprobate transfer of community property on death executed by a married person without the written consent of the person's spouse (1)...
  • California Probate Code Section 5021
    (a) In a proceeding to set aside a nonprobate transfer of community property on death made pursuant to a provision for transfer of the property...
  • California Probate Code Section 5022
    (a) Except as provided in subdivision (b), a spouse's written consent to a provision for a nonprobate transfer of community property on death is not...
  • California Probate Code Section 5023
    (a) As used in this section "modification" means revocation of a provision for a nonprobate transfer on death in whole or part, designation of a...
  • California Probate Code Section 5030
    (a) A spouse's written consent to a provision for a nonprobate transfer of community property on death is revocable during the marriage. (b) On termination...
  • California Probate Code Section 5031
    (a) If a married person executes a provision for a nonprobate transfer of community property on death with the written consent of the person's spouse,...
  • California Probate Code Section 5032
    On revocation of a spouse's written consent to a nonprobate transfer of community property on death, the property passes in the same manner as if...
  • California Probate Code Section 5100
    This part may be cited as the California Multiple-Party Accounts Law.
  • California Probate Code Section 5120
    Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
  • California Probate Code Section 5122
    (a) "Account" means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account, certificate of...
  • California Probate Code Section 5124
    "Agent" means a person who has a present right, subject to request, to payment from an account as an attorney in fact under a power...
  • California Probate Code Section 5126
    "Beneficiary" means a person named in a Totten trust account as one for whom a party to the account is named as trustee.
  • California Probate Code Section 5128
    "Financial institution" includes: (a) A financial institution as defined in Section 40. (b) An industrial loan company as defined in Section 18003 of the Financial
  • California Probate Code Section 5130
    "Joint account" means an account payable on request to one or more of two or more parties whether or not mention is made of any...
  • California Probate Code Section 5132
    A "multiple-party account" is any of the following types of account: (a) A joint account. (b) A P.O.D. account. (c) A Totten trust account.
  • California Probate Code Section 5134
    (a) "Net contribution" of a party to an account as of any given time is the sum of all of the following: (1) All deposits...
  • California Probate Code Section 5136
    (a) "Party" means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account...
  • California Probate Code Section 5138
    "Payment" of sums on deposit includes all of the following: (a) A withdrawal, including payment on check or other directive of a party. (b) A...
  • California Probate Code Section 5139
    "P.O.D." means pay on death.
  • California Probate Code Section 5140
    "P.O.D. account" means any of the following: (a) An account payable on request to one person during the person' s lifetime and on the person's...
  • California Probate Code Section 5142
    "P.O.D. payee" means a person designated on a P.O.D. account as one to whom the account is payable on request after the death of one...
  • California Probate Code Section 5144
    "Proof of death" includes any of the following: (a) An original or attested or certified copy of a death certificate. (b) A record or report...
  • California Probate Code Section 5146
    Except to the extent the terms of the account or deposit agreement expressly provide otherwise, a financial institution "receives" an order or notice under this...
  • California Probate Code Section 5148
    "Request" means a proper request for withdrawal, including a check or order for payment, that complies with all conditions of the account (including special requirements...
  • California Probate Code Section 5150
    "Sums on deposit" means both of the following: (a) The balance payable on an account, including interest and dividends earned, whether or not included in...
  • California Probate Code Section 5152
    "Withdrawal" includes payment to a third person pursuant to a check or other directive of a party or an agent.
  • California Probate Code Section 5201
    (a) The provisions of Chapter 3 (commencing with Section 5301) concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries...
  • California Probate Code Section 5202
    Nothing in this part affects the law relating to transfers in fraud of creditors.
  • California Probate Code Section 5203
    (a) Words in substantially the following form in a signature card, passbook, contract, or instrument evidencing an account, or words to the same effect, executed...
  • California Probate Code Section 5204
    (a) In addition to a power of attorney otherwise authorized by law, a special power of attorney is authorized under this section to apply to...
  • California Probate Code Section 5205
    This part applies to accounts in existence on July 1, 1990, and accounts thereafter established.
  • California Probate Code Section 5301
    (a) An account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each, unless there is clear...
  • California Probate Code Section 5302
    Subject to Section 5600: (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or...
  • California Probate Code Section 5303
    (a) The provisions of Section 5302 as to rights of survivorship are determined by the form of the account at the death of a party....
  • California Probate Code Section 5304
    Any transfers resulting from the application of Section 5302 are effective by reason of the account contracts involved and this part and are not to...
  • California Probate Code Section 5305
    (a) Notwithstanding Sections 5301 to 5303, inclusive, if parties to an account are married to each other, whether or not they are so described in...
  • California Probate Code Section 5306
    For the purposes of this chapter, if an account is expressly described in the deposit agreement as a "tenancy in common" account, no right of...
  • California Probate Code Section 5307
    For the purposes of this chapter, except to the extent the terms of the account or deposit agreement expressly provide otherwise, if the parties to...
  • California Probate Code Section 5401
    (a) Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Any multiple-party account may be paid,...
  • California Probate Code Section 5402
    Any sums in a joint account may be paid, on request and according to its terms, to any party without regard to whether any other...
  • California Probate Code Section 5403
    Any P.O.D. account may be paid, on request and according to its terms, to any original party to the account. Payment may be made, on...
  • California Probate Code Section 5404
    Any Totten trust account may be paid, on request and according to its terms, to any trustee. Unless the financial institution has received written notice...
  • California Probate Code Section 5405
    (a) Payment made pursuant to Section 5401, 5402, 5403, or 5404 discharges the financial institution from all claims for amounts so paid whether or not...
  • California Probate Code Section 5406
    The provisions of this chapter that apply to the payment of a Totten trust account apply to an account in the name of one or...
  • California Probate Code Section 5407
    If a financial institution is required or permitted to make payment pursuant to this chapter to a person who is a minor: (a) If the...
  • California Probate Code Section 5500
    (a) This part shall be known as and may be cited as the Uniform TOD Security Registration Act. (b) This part shall be liberally construed...
  • California Probate Code Section 5501
    For purposes of this part: (a) "Beneficiary form" means a registration of a security that indicates the present owner of the security and the intention...
  • California Probate Code Section 5502
    Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more individuals with right of survivorship,...
  • California Probate Code Section 5503
    A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of...
  • California Probate Code Section 5504
    A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the...
  • California Probate Code Section 5505
    Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or...
  • California Probate Code Section 5506
    The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a...
  • California Probate Code Section 5507
    On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the...
  • California Probate Code Section 5508
    (a) A registering entity is not required to offer or to accept requests for security registration in beneficiary form. If a registration in beneficiary form...
  • California Probate Code Section 5509
    (a) Any transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner...
  • California Probate Code Section 5510
    (a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for (1)...
  • California Probate Code Section 5511
    Nothing in this part alters the community character of community property or community rights in community property. This part is subject to Chapter 2 (commencing...
  • California Probate Code Section 5512
    This part applies to registrations of securities in beneficiary form made before, on, or after January 1, 1999, by decedents dying on or after January...
  • California Probate Code Section 5600
    (a) Except as provided in subdivision (b), a nonprobate transfer to the transferor's former spouse, in an instrument executed by the transferor before or during...
  • California Probate Code Section 5601
    (a) Except as provided in subdivision (b), a joint tenancy between the decedent and the decedent's former spouse, created before or during the marriage, is...
  • California Probate Code Section 5602
    (a) Nothing in this part affects the rights of a purchaser or encumbrancer of real property for value who in good faith relies on an...
  • California Probate Code Section 5603
    Nothing in this part is intended to limit the court's authority to order a party to a dissolution or annulment of marriage to maintain the...
  • California Probate Code Section 5604
    (a) This part is operative on January 1, 2002. (b) Except as provided in subdivision (c), this part applies to an instrument making a nonprobate...
  • California Probate Code Section 5700
    As used in this part, "gift" means a transfer of personal property made voluntarily and without consideration.
  • California Probate Code Section 5701
    Except as provided in this part, a gift in view of impending death is subject to the general law relating to gifts of personal property.
  • California Probate Code Section 5702
    (a) A gift in view of impending death is one which is made in contemplation, fear, or peril of impending death, whether from illness or...
  • California Probate Code Section 5703
    A gift made during the last illness of the giver, or under circumstances which would naturally impress the giver with an expectation of speedy death,...
  • California Probate Code Section 5704
    (a) A gift in view of impending death is revoked by: (1) The giver's recovery from the illness, or escape from the peril, under the...
  • California Probate Code Section 5705
    A gift in view of impending death is subject to Section 9653.
  • California Probate Code Section 6100
    (a) An individual 18 or more years of age who is of sound mind may make a will. (b) A conservator may make a will...
  • California Probate Code Section 6100.5
    (a) An individual is not mentally competent to make a will if at the time of making the will either of the following is true:...
  • California Probate Code Section 6101
    A will may dispose of the following property: (a) The testator's separate property. (b) The one-half of the community property that belongs to the testator...
  • California Probate Code Section 6102
    A will may make a disposition of property to any person, including but not limited to any of the following: (a) An individual. (b) A...
  • California Probate Code Section 6103
    Except as otherwise specifically provided, Chapter 1 (commencing with Section 6100), Chapter 2 (commencing with Section 6110), Chapter 3 (commencing with Section 6120), Chapter 4...
  • California Probate Code Section 6104
    The execution or revocation of a will or a part of a will is ineffective to the extent the execution or revocation was procured by...
  • California Probate Code Section 6105
    A will, the validity of which is made conditional by its own terms, shall be admitted to probate or rejected, or denied effect after admission...
  • California Probate Code Section 6110
    (a) Except as provided in this part, a will shall be in writing and satisfy the requirements of this section. (b) The will shall be...
  • California Probate Code Section 6111
    (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the...
  • California Probate Code Section 6111.5
    Extrinsic evidence is admissible to determine whether a document constitutes a will pursuant to Section 6110 or 6111, or to determine the meaning of a...
  • California Probate Code Section 6112
    (a) Any person generally competent to be a witness may act as a witness to a will. (b) A will or any provision thereof is...
  • California Probate Code Section 6113
    A written will is validly executed if its execution complies with any of the following: (a) The will is executed in compliance with Section 6110...
  • California Probate Code Section 6120
    A will or any part thereof is revoked by any of the following: (a) A subsequent will which revokes the prior will or part expressly...
  • California Probate Code Section 6121
    A will executed in duplicate or any part thereof is revoked if one of the duplicates is burned, torn, canceled, obliterated, or destroyed, with the...
  • California Probate Code Section 6122
    (a) Unless the will expressly provides otherwise, if after executing a will the testator's marriage is dissolved or annulled, the dissolution or annulment revokes all...
  • California Probate Code Section 6122.1
    (a) Unless the will expressly provides otherwise, if after executing a will the testator's domestic partnership is terminated, the termination revokes all of the following:...
  • California Probate Code Section 6123
    (a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter...
  • California Probate Code Section 6124
    If the testator's will was last in the testator's possession, the testator was competent until death, and neither the will nor a duplicate original of...
  • California Probate Code Section 6130
    A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes...
  • California Probate Code Section 6131
    A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the...
  • California Probate Code Section 6132
    (a) Notwithstanding any other provision, a will may refer to a writing that directs disposition of tangible personal property not otherwise specifically disposed of by...
  • California Probate Code Section 6200
    Unless the provision or context clearly requires otherwise, these definitions and rules of construction govern the construction of this chapter.
  • California Probate Code Section 6201
    "Testator" means a person choosing to adopt a California statutory will.
  • California Probate Code Section 6203
    "Executor" means both the person so designated in a California statutory will and any other person acting at any time as the executor or administrator...
  • California Probate Code Section 6204
    "Trustee" means both the person so designated in a California statutory will and any other person acting at any time as the trustee under a...
  • California Probate Code Section 6205
    "Descendants" mean children, grandchildren, and their lineal descendants of all generations, with the relationship of parent and child at each generation being determined as provided...
  • California Probate Code Section 6206
    A reference in a California statutory will to the "Uniform Gifts to Minors Act of any state" or the "Uniform Transfers to Minors Act of...
  • California Probate Code Section 6207
    Masculine pronouns include the feminine, and plural and singular words include each other, where appropriate.
  • California Probate Code Section 6208
    (a) If a California statutory will states that a person shall perform an act, the person is required to perform that act. (b) If a...
  • California Probate Code Section 6209
    Whenever a distribution under a California statutory will is to be made to a person's descendants, the property shall be divided into as many equal...
  • California Probate Code Section 6210
    "Person" includes individuals and institutions.
  • California Probate Code Section 6211
    Reference to a person "if living" or who "survives me" means a person who survives the decedent by 120 hours. A person who fails to...
  • California Probate Code Section 6220
    Any individual of sound mind and over the age of 18 may execute a California statutory will under the provisions of this chapter.
  • California Probate Code Section 6221
    A California statutory will shall be executed only as follows: (a) The testator shall complete the appropriate blanks and shall sign the will. (b) Each...
  • California Probate Code Section 6222
    The execution of the attestation clause provided in the California statutory will by two or more witnesses satisfies Section 8220.
  • California Probate Code Section 6223
    (a) There is only one California statutory will. (b) The California statutory will includes all of the following: (1) The contents of the California statutory...
  • California Probate Code Section 6224
    If more than one property disposition clause appearing in paragraphs 2 or 3 of a California statutory will is selected, no gift is made. If...
  • California Probate Code Section 6225
    Only the texts of property disposition clauses and the mandatory clauses shall be considered in determining their meaning. Their titles shall be disregarded.
  • California Probate Code Section 6226
    (a) A California statutory will may be revoked and may be amended by codicil in the same manner as other wills. (b) Any additions to...
  • California Probate Code Section 6227
    (a) If after executing a California statutory will the testator's marriage is dissolved or annulled, the dissolution or annulment revokes any disposition of property made...
  • California Probate Code Section 6240
    The following is the California Statutory Will form: QUESTIONS AND ANSWERS ABOUT THIS CALIFORNIA STATUTORY WILL The following information, in question and answer form, is...
  • California Probate Code Section 6241
    The mandatory clauses of the California statutory will form are as follows: (a) Intestate Disposition. If the testator has not made an effective disposition of...
  • California Probate Code Section 6242
    (a) Except as specifically provided in this chapter, a California statutory will shall include only the texts of the property disposition clauses and the mandatory...
  • California Probate Code Section 6243
    Except as specifically provided in this chapter, the general law of California applies to a California statutory will.
  • California Probate Code Section 6300
    A devise, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a...
  • California Probate Code Section 6301
    This chapter does not invalidate any devise made by a will executed prior to September 17, 1965.
  • California Probate Code Section 6303
    This chapter may be cited as the Uniform Testamentary Additions to Trusts Act.
  • California Probate Code Section 6320
    As used in this chapter, unless the context otherwise requires: (a) "Designation" means a designation made pursuant to Section 6321. (b) "Instrument" includes all of...
  • California Probate Code Section 6321
    An instrument may designate as a primary or contingent beneficiary, payee, or owner a trustee named or to be named in the will of the...
  • California Probate Code Section 6322
    The designation is ineffective unless the designator's will contains provisions creating the trust or makes a disposition valid under Section 6300.
  • California Probate Code Section 6323
    Subject to the provisions of Section 6325, the benefits or rights resulting from the designation are payable or transferable directly to the trustee, without becoming...
  • California Probate Code Section 6324
    Except as otherwise provided in the designator's will, the rights and benefits and their proceeds paid or transferred to the trustee are not subject to...
  • California Probate Code Section 6325
    (a) The court in which the proceedings are pending for administration of the estate of the decedent has jurisdiction, before or after payment or transfer...
  • California Probate Code Section 6326
    As to matters not specifically provided in Section 6325, the provisions of Division 9 (commencing with Section 15000) apply to the trust.
  • California Probate Code Section 6327
    An appeal may be taken from any of the following: (a) Any order described in Part 3 (commencing with Section 1300) of Division 3 made...
  • California Probate Code Section 6328
    If no qualified trustee makes claim to the benefits or rights or proceeds within one year after the death of the designator, or if satisfactory...
  • California Probate Code Section 6329
    Enactment of this chapter does not invalidate trusts, otherwise valid, not made pursuant to the provisions of this chapter.
  • California Probate Code Section 6330
    This chapter, insofar as it is substantially the same as former Chapter 10 (commencing with Section 175) of former Division 1, repealed by Section 18...
  • California Probate Code Section 6341
    If a testator's will provides that devised property shall be paid or delivered or transferred to a custodian subject to the California Uniform Gifts to...
  • California Probate Code Section 6345
    The will may provide for successor or substitute custodians and may specify the standard of compensation of the custodian.
  • California Probate Code Section 6347
    (a) Except as otherwise provided in the will or ordered by a court, each custodian designated in the will and the person for whom the...
  • California Probate Code Section 6348
    Until distribution of the property pursuant to an order for distribution is completed, the court in which administration of the estate of the testator is...
  • California Probate Code Section 6349
    (a) This chapter shall not be construed as providing an exclusive method for making devises to or for the benefit of minors. (b) Nothing in...
  • California Probate Code Section 6380
    In this chapter: (a) "International will" means a will executed in conformity with Sections 6381 to 6384, inclusive. (b) "Authorized person" and "person authorized to...
  • California Probate Code Section 6381
    (a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of...
  • California Probate Code Section 6382
    (a) The will shall be made in writing. It need not be written by the testator himself or herself. It may be written in any...
  • California Probate Code Section 6383
    (a) The signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet shall be signed by...
  • California Probate Code Section 6384
    The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this chapter for...
  • California Probate Code Section 6385
    In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a...
  • California Probate Code Section 6386
    The international will is subject to the ordinary rules of revocation of wills.
  • California Probate Code Section 6387
    Sections 6380 to 6386, inclusive, derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will....
  • California Probate Code Section 6388
    Individuals who have been admitted to practice law before the courts of this state and who are in good standing as active law practitioners of...
  • California Probate Code Section 6389
    The Secretary of State shall establish a registry system by which authorized persons may register in a central information center information regarding the execution of...
  • California Probate Code Section 6390
    After December 31, 1984, a reference in a written instrument, including a will, to the former law (repealed by Chapter 892 of the Statutes of...
  • California Probate Code Section 6400
    Any part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in this part.
  • California Probate Code Section 6401
    (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under...
  • California Probate Code Section 6402
    Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse or surviving domestic partner, as defined in...
  • California Probate Code Section 6402.5
    (a) For purposes of distributing real property under this section if the decedent had a predeceased spouse who died not more than 15 years before...
  • California Probate Code Section 6403
    (a) A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of intestate succession,...
  • California Probate Code Section 6404
    Part 4 (commencing with Section 6800) (escheat) applies if there is no taker of the intestate estate under the provisions of this part.
  • California Probate Code Section 6406
    Except as provided in Section 6451, relatives of the halfblood inherit the same share they would inherit if they were of the whole blood.
  • California Probate Code Section 6407
    Relatives of the decedent conceived before the decedent's death but born thereafter inherit as if they had been born in the lifetime of the decedent.
  • California Probate Code Section 6409
    (a) If a person dies intestate as to all or part of his or her estate, property the decedent gave during lifetime to an heir...
  • California Probate Code Section 6410
    (a) A debt owed to the decedent is not charged against the intestate share of any person except the debtor. (b) If the debtor fails...
  • California Probate Code Section 6411
    No person is disqualified to take as an heir because that person or a person through whom he or she claims is or has been...
  • California Probate Code Section 6412
    Except to the extent provided in Section 120, the estates of dower and curtesy are not recognized.
  • California Probate Code Section 6413
    A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which...
  • California Probate Code Section 6414
    (a) Except as provided in subdivision (b), this part does not apply where the decedent died before January 1, 1985, and the law applicable prior...
  • California Probate Code Section 6450
    Subject to the provisions of this chapter, a relationship of parent and child exists for the purpose of determining intestate succession by, through, or from...
  • California Probate Code Section 6451
    (a) An adoption severs the relationship of parent and child between an adopted person and a natural parent of the adopted person unless both of...
  • California Probate Code Section 6452
    (a) A parent does not inherit from or through a child on the basis of the parent and child relationship if any of the following...
  • California Probate Code Section 6453
    For the purpose of determining whether a person is a "natural parent" as that term is used in this chapter: (a) A natural parent and...
  • California Probate Code Section 6454
    For the purpose of determining intestate succession by a person or the person's issue from or through a foster parent or stepparent, the relationship of...
  • California Probate Code Section 6455
    Nothing in this chapter affects or limits application of the judicial doctrine of equitable adoption for the benefit of the child or the child's issue.
  • California Probate Code Section 6500
    Until the inventory is filed and for a period of 60 days thereafter, or for such other period as may be ordered by the court...
  • California Probate Code Section 6501
    A petition for an order under Section 6500 may be filed by any interested person. Notice of the hearing on the petition shall be given...
  • California Probate Code Section 6510
    Upon the filing of the inventory or at any subsequent time during the administration of the estate, the court in its discretion may on petition...
  • California Probate Code Section 6511
    A petition for an order under Section 6510 may be filed by any interested person. Notice of the hearing on the petition shall be given...
  • California Probate Code Section 6520
    Upon the filing of the inventory or at any subsequent time during the administration of the estate, the court in its discretion may on petition...
  • California Probate Code Section 6521
    The probate homestead shall be set apart for the use of one or more of the following persons: (a) The surviving spouse. (b) The minor...
  • California Probate Code Section 6522
    (a) The probate homestead shall be selected out of the following property, giving first preference to the community and quasi-community property of, or property owned...
  • California Probate Code Section 6523
    (a) In selecting and setting apart the probate homestead, the court shall consider the needs of the surviving spouse and minor children, the liens and...
  • California Probate Code Section 6524
    The property set apart as a probate homestead shall be set apart only for a limited period, to be designated in the order, and in...
  • California Probate Code Section 6525
    (a) A petition to select and set apart a probate homestead may be filed by any interested person. (b) Notice of the hearing on the...
  • California Probate Code Section 6526
    (a) Property of the decedent set apart as a probate homestead is liable for claims against the estate of the decedent, subject to the probate...
  • California Probate Code Section 6527
    (a) The court may by order modify the term or conditions of the probate homestead right or terminate the probate homestead right at any time...
  • California Probate Code Section 6528
    Nothing in this chapter terminates or otherwise affects a declaration of homestead by, or for the benefit of, a surviving spouse or minor child of...
  • California Probate Code Section 6540
    (a) The following are entitled to such reasonable family allowance out of the estate as is necessary for their maintenance according to their circumstances during...
  • California Probate Code Section 6541
    (a) The court may grant or modify a family allowance on petition of any interested person. (b) With respect to an order for the family...
  • California Probate Code Section 6542
    A family allowance commences on the date of the court's order or such other time as may be provided in the court's order, whether before...
  • California Probate Code Section 6543
    (a) A family allowance shall terminate no later than the entry of the order for final distribution of the estate or, if the estate is...
  • California Probate Code Section 6544
    The costs of proceedings under this chapter shall be paid by the estate as expenses of administration.
  • California Probate Code Section 6545
    Notwithstanding Chapter 2 (commencing with Section 916) of Title 13 of Part 2 of the Code of Civil Procedure, the perfecting of an appeal from...
  • California Probate Code Section 6600
    (a) Subject to subdivision (b), for the purposes of this chapter, "decedent's estate" means all the decedent's personal property, wherever located, and all the decedent's...
  • California Probate Code Section 6601
    As used in this chapter, "minor child" means a child of the decedent who was under the age of 18 at the time of the...
  • California Probate Code Section 6602
    A petition may be filed under this chapter requesting an order setting aside the decedent's estate to the decedent's surviving spouse and minor children, or...
  • California Probate Code Section 6603
    The petition shall be filed in the superior court of a county in which the estate of the decedent may be administered.
  • California Probate Code Section 6604
    (a) The petition shall allege that this chapter applies and request that an order be made setting aside the estate of the decedent as provided...
  • California Probate Code Section 6605
    (a) If proceedings for the administration of the estate of the decedent are pending, a petition under this chapter shall be filed in those proceedings...
  • California Probate Code Section 6606
    (a) A petition may be filed under this chapter by any of the following: (1) The person named in the will of the decedent as...
  • California Probate Code Section 6607
    (a) Where proceedings for the administration of the estate of the decedent are not pending when the petition is filed under this chapter and the...
  • California Probate Code Section 6608
    If a petition is filed under this chapter, the personal representative, or the petitioner if no personal representative has been appointed, shall file with the...
  • California Probate Code Section 6609
    (a) If the court determines that the net value of the decedent's estate, over and above all liens and encumbrances at the date of death...
  • California Probate Code Section 6610
    Upon becoming final, an order under Section 6609 shall be conclusive on all persons, whether or not they are then in being.
  • California Probate Code Section 6611
    (a) Subject to the limitations and conditions specified in this section, the person or persons in whom title vested pursuant to Section 6609 are personally...
  • California Probate Code Section 6612
    If a petition filed under this chapter is filed with a petition for the probate of the decedent's will or for administration of the estate...
  • California Probate Code Section 6613
    The attorney's fees for services performed in connection with the filing of a petition and the obtaining of a court order under this chapter shall...
  • California Probate Code Section 6614
    Sections 6600 to 6613, inclusive, do not apply if the decedent died before July 1, 1987. If the decedent died before July 1, 1987, the...
  • California Probate Code Section 6615
    A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 640...
  • California Probate Code Section 6800
    (a) If a decedent, whether or not the decedent was domiciled in this state, leaves no one to take the decedent's estate or any portion...
  • California Probate Code Section 6801
    Real property in this state escheats to this state in accordance with Section 6800.
  • California Probate Code Section 6802
    All tangible personal property owned by the decedent, wherever located at the decedent's death, that was customarily kept in this state prior to the decedent's...
  • California Probate Code Section 6803
    (a) Subject to subdivision (b), all tangible personal property owned by the decedent that is subject to the control of a superior court of this...
  • California Probate Code Section 6804
    All intangible property owned by the decedent escheats to this state in accordance with Section 6800 if the decedent was domiciled in this state at...
  • California Probate Code Section 6805
    (a) Subject to subdivision (b), all intangible property owned by the decedent that is subject to the control of a superior court of this state...
  • California Probate Code Section 6806
    Notwithstanding any other provision of law, a benefit consisting of money or other property distributable from a trust established under a plan providing health and...
  • California Probate Code Section 7000
    Subject to Section 7001, title to a decedent's property passes on the decedent's death to the person to whom it is devised in the decedent's...
  • California Probate Code Section 7001
    The decedent's property is subject to administration under this code, except as otherwise provided by law, and is subject to the rights of beneficiaries, creditors,...
  • California Probate Code Section 7050
    The superior court has jurisdiction of proceedings under this code concerning the administration of the decedent's estate.
  • California Probate Code Section 7051
    If the decedent was domiciled in this state at the time of death, the proper county for proceedings concerning administration of the decedent's estate is...
  • California Probate Code Section 7052
    If the decedent was not domiciled in this state at the time of death, the proper county for proceedings under this code concerning the administration...
  • California Probate Code Section 7060
    (a) In addition to any other ground provided by law for disqualification of a judge, a judge is disqualified from acting in proceedings under this...
  • California Probate Code Section 7070
    The court or judge shall order a proceeding under this code concerning the administration of the decedent's estate transferred to another county if there is...
  • California Probate Code Section 7071
    Transfer of a proceeding under this article shall be to another county in which property of the decedent is located or, if there is no...
  • California Probate Code Section 7072
    Upon petition of the personal representative or other interested person before entry of the order for final distribution of the estate, a proceeding transferred under...
  • California Probate Code Section 7220
    In proceedings under this code concerning the administration of the decedent's estate, a motion for a new trial may be made only in the following...
  • California Probate Code Section 7250
    (a) When a judgment or order made pursuant to the provisions of this code concerning the administration of the decedent's estate becomes final, it releases...
  • California Probate Code Section 7260
    As used in this article, "transaction" means a transaction affecting title to property in the estate, including, but not limited to, the following: (a) In...
  • California Probate Code Section 7261
    If a transaction affecting real property in the estate is executed by the personal representative in accordance with the terms of a court order, the...
  • California Probate Code Section 7262
    A transaction executed by the personal representative in accordance with an order authorizing or directing the transaction has the same effect as if the decedent...
  • California Probate Code Section 7263
    If an order is made setting apart a probate homestead, confirming a sale or making a distribution of real property, or determining any other matter...
  • California Probate Code Section 7280
    Where compensation, pension, insurance, or other allowance is made or awarded by a department or bureau of the United States government to a decedent's estate,...
  • California Probate Code Section 7600
    If a public officer or employee knows of property of a decedent that is subject to loss, injury, waste, or misappropriation and that ought to...
  • California Probate Code Section 7600.5
    If a person dies in a hospital, convalescent hospital, or board and care facility without known next of kin, the person in charge of the...
  • California Probate Code Section 7600.6
    A funeral director in control of the decedent's remains pursuant to subdivision (c) of Section 7100 of the Health and Safety Code shall notify the...
  • California Probate Code Section 7601
    (a) If no personal representative has been appointed, the public administrator of a county shall take prompt possession or control of property of a decedent...
  • California Probate Code Section 7602
    (a) A public administrator who is authorized to take possession or control of property of a decedent under this article shall make a prompt search...
  • California Probate Code Section 7603
    (a) A public administrator who is authorized to take possession or control of property of a decedent pursuant to this article may issue a written...
  • California Probate Code Section 7604
    If the public administrator takes possession or control of property of a decedent under this article, but another person is subsequently appointed personal representative or...
  • California Probate Code Section 7605
    On or before January 1, 2010, the public administrator shall comply with the continuing education requirements that are established by the California State Association of...
  • California Probate Code Section 7620
    The public administrator of the county in which the estate of a decedent may be administered shall promptly: (a) Petition for appointment as personal representative...
  • California Probate Code Section 7621
    (a) Except as otherwise provided in this section, appointment of the public administrator as personal representative shall be made, and letters issued, in the same...
  • California Probate Code Section 7622
    Except as otherwise provided in this chapter: (a) The public administrator shall administer the estate in the same manner as a personal representative generally, and...
  • California Probate Code Section 7623
    (a) As used in this section, "additional compensation" means the difference between the reasonable compensation of the public administrator in administering the estate and the...
  • California Probate Code Section 7624
    (a) If after final distribution of an estate any money remains in the possession of the public administrator that should be paid over to the...
  • California Probate Code Section 7640
    (a) The public administrator shall, upon receipt, deposit all money of the estate in an insured account in a financial institution or with the county...
  • California Probate Code Section 7641
    Money deposited in a financial institution or with the county treasurer under this article may be withdrawn upon the order of the public administrator when...
  • California Probate Code Section 7642
    (a) The public administrator shall credit each estate with the highest rate of interest or dividends that the estate would have received if the funds...
  • California Probate Code Section 7643
    (a) The county treasurer shall receive and safely keep all money deposited with the county treasurer under this chapter and pay the money out on...
  • California Probate Code Section 7644
    (a) If a deposit in a financial institution is made under this article, money remaining unclaimed at the expiration of five years after the date...
  • California Probate Code Section 7660
    (a) If a public administrator takes possession or control of an estate pursuant to this chapter, the public administrator may, acting as personal representative of...
  • California Probate Code Section 7661
    A public administrator acting under authority of this article may: (a) Withdraw money or take possession of any other property of the decedent that is...
  • California Probate Code Section 7662
    The public administrator acting under authority of this article shall pay out the money of the estate in the order prescribed in Section 11420, for...
  • California Probate Code Section 7663
    (a) After payment of debts pursuant to Section 7662, but in no case before four months after court authorization of the public administrator to act...
  • California Probate Code Section 7664
    A person to whom property is distributed under this article is personally liable for the unsecured debts of the decedent. Such a debt may be...
  • California Probate Code Section 7665
    (a) The public administrator shall file with the clerk a statement showing the property of the decedent that came into possession of the public administrator...
  • California Probate Code Section 7666
    (a) Except as provided in Section 7623 and in subdivision (b), the compensation payable to the public administrator and the attorney, if any, for the...
  • California Probate Code Section 8000
    (a) At any time after a decedent's death, any interested person may commence proceedings for administration of the estate of the decedent by a petition...
  • California Probate Code Section 8001
    Unless good cause for delay is shown, if a person named in a will as executor fails to petition the court for administration of the...
  • California Probate Code Section 8002
    (a) The petition shall contain all of the following information: (1) The date and place of the decedent's death. (2) The street number, street, and...
  • California Probate Code Section 8003
    (a) The hearing on the petition shall be set for a day not less than 15 nor more than 30 days after the petition is...
  • California Probate Code Section 8004
    (a) If appointment of the personal representative is contested, the grounds of opposition may include a challenge to the competency of the personal representative or...
  • California Probate Code Section 8005
    (a) At the hearing on the petition, the court may examine and compel any person to attend as a witness concerning any of the following...
  • California Probate Code Section 8006
    (a) If the court finds that the matters referred to in paragraph (1) of subdivision (b) of Section 8005 are established, the court shall make...
  • California Probate Code Section 8007
    (a) Except as provided in subdivision (b), an order admitting a will to probate or appointing a personal representative, when it becomes final, is a...
  • California Probate Code Section 8100
    The notice of hearing of a petition for administration of a decedent's estate, whether served under Article 2 (commencing with Section 8110) or published under...
  • California Probate Code Section 8110
    At least 15 days before the hearing of a petition for administration of a decedent's estate, the petitioner shall serve notice of the hearing by...
  • California Probate Code Section 8111
    If the decedent's will involves or may involve a testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee...
  • California Probate Code Section 8112
    A general personal representative shall give notice of administration of the estate of the decedent to creditors under Chapter 2 (commencing with Section 9050), and...
  • California Probate Code Section 8113
    If a citizen of a foreign country dies without leaving a will or leaves a will without naming an executor, or if it appears that...
  • California Probate Code Section 8120
    In addition to service of the notice of hearing as provided in Article 2 (commencing with Section 8110), notice of hearing of a petition for...
  • California Probate Code Section 8121
    (a) The first publication date of the notice shall be at least 15 days before the hearing. Three publications in a newspaper published once a...
  • California Probate Code Section 8122
    The Legislature finds and declares that, to be most effective, notice of hearing should be published in compliance with Section 8121. However, the Legislature recognizes...
  • California Probate Code Section 8123
    The caption of a notice under this article shall be in 8-point type or larger and the text shall be in 7-point type or larger.
  • California Probate Code Section 8124
    A petition for administration of a decedent's estate shall not be heard by the court unless an affidavit showing due publication of the notice of...
  • California Probate Code Section 8125
    Notwithstanding Section 8100, after the notice of hearing is published and an affidavit filed, any subsequent publication of the notice ordered by the court may...
  • California Probate Code Section 8200
    (a) Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of...
  • California Probate Code Section 8201
    If, on petition to the superior court of the county in which the estate of the decedent is being or may be administered alleging that...
  • California Probate Code Section 8202
    If the will of a person who was domiciled in this state at the time of death is detained in a court of any other...
  • California Probate Code Section 8203
    If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the...
  • California Probate Code Section 8220
    Unless there is a contest of a will: (a) The will may be proved on the evidence of one of the subscribing witnesses only, if...
  • California Probate Code Section 8221
    If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may, if the will...
  • California Probate Code Section 8222
    A holographic will may be proved in the same manner as other writings.
  • California Probate Code Section 8223
    The petition for probate of a lost or destroyed will shall include a written statement of the testamentary words or their substance. If the will...
  • California Probate Code Section 8224
    The testimony of each witness in a proceeding concerning the execution or provisions of a will, the testamentary capacity of the decedent, and other issues...
  • California Probate Code Section 8225
    When the court admits a will to probate, that fact shall be recorded in the minutes by the clerk and the will shall be filed.
  • California Probate Code Section 8226
    (a) If no person contests the validity of a will or petitions for revocation of probate of the will within the time provided in this...
  • California Probate Code Section 8250
    (a) When a will is contested under Section 8004, the contestant shall file with the court an objection to probate of the will. Thereafter, a...
  • California Probate Code Section 8251
    (a) The petitioner and any other interested person may jointly or separately answer the objection or demur to the objection within the time prescribed in...
  • California Probate Code Section 8252
    (a) At the trial, the proponents of the will have the burden of proof of due execution. The contestants of the will have the burden...
  • California Probate Code Section 8253
    At the trial, each subscribing witness shall be produced and examined. If no subscribing witness is available as a witness within the meaning of Section...
  • California Probate Code Section 8254
    The court may make appropriate orders, including orders sustaining or denying objections, and shall render judgment either admitting the will to probate or rejecting it,...
  • California Probate Code Section 8270
    (a) Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than...
  • California Probate Code Section 8271
    (a) On the filing of the petition, a summons shall be directed to the personal representative and to the heirs and devisees of the decedent,...
  • California Probate Code Section 8272
    (a) If it appears on satisfactory proof that the will should be denied probate, the court shall revoke the probate of the will. (b) Revocation...
  • California Probate Code Section 8400
    (a) A person has no power to administer the estate until the person is appointed personal representative and the appointment becomes effective. Appointment of a...
  • California Probate Code Section 8401
    (a) Notwithstanding Section 8400, a petitioner for appointment as personal representative may deliver property in the petitioner's possession to a trust company or financial institution...
  • California Probate Code Section 8402
    (a) Notwithstanding any other provision of this chapter, a person is not competent to act as personal representative in any of the following circumstances: (1)...
  • California Probate Code Section 8403
    (a) Before letters are issued, the personal representative shall take and subscribe an oath to perform, according to law, the duties of the office. The...
  • California Probate Code Section 8404
    (a) Before letters are issued, the personal representative (other than a trust company or a public administrator) shall file an acknowledgment of receipt of a...
  • California Probate Code Section 8405
    Letters shall be signed by the clerk under the seal of the court and shall include: (a) The county from which the letters are issued....
  • California Probate Code Section 8420
    The person named as executor in the decedent's will has the right to appointment as personal representative.
  • California Probate Code Section 8421
    If a person is not named as executor in a will but it appears by the terms of the will that the testator intended to...
  • California Probate Code Section 8422
    (a) The testator may by will confer on a person the power to designate an executor or coexecutor, or successor executor or coexecutor. The will...
  • California Probate Code Section 8423
    If the executor named in the will is a trust company that has sold its business and assets to, has consolidated or merged with, or...
  • California Probate Code Section 8424
    (a) If a person named as executor is under the age of majority and there is another person named as executor, the other person may...
  • California Probate Code Section 8425
    If the court does not appoint all the persons named in the will as executors, those appointed have the same authority to act in every...
  • California Probate Code Section 8440
    An administrator with the will annexed shall be appointed as personal representative if no executor is named in the will or if the sole executor...
  • California Probate Code Section 8441
    (a) Except as provided in subdivision (b), persons and their nominees are entitled to appointment as administrator with the will annexed in the same order...
  • California Probate Code Section 8442
    (a) Subject to subdivision (b), an administrator with the will annexed has the same authority over the decedent's estate as an executor named in the...
  • California Probate Code Section 8460
    (a) If the decedent dies intestate, the court shall appoint an administrator as personal representative. (b) The court may appoint one or more persons as
  • California Probate Code Section 8461
    Subject to the provisions of this article, a person in the following relation to the decedent is entitled to appointment as administrator in the following...
  • California Probate Code Section 8462
    The surviving spouse or domestic partner of the decedent, a relative of the decedent, or a relative of a predeceased spouse or domestic partner of...
  • California Probate Code Section 8463
    If the surviving spouse is a party to an action for separate maintenance, annulment, or dissolution of the marriage of the decedent and the surviving...
  • California Probate Code Section 8464
    If a person otherwise entitled to appointment as administrator is a person under the age of majority or a person for whom a guardian or...
  • California Probate Code Section 8465
    (a) The court may appoint as administrator a person nominated by any of the following persons: (1) A person otherwise entitled to appointment. (2) A...
  • California Probate Code Section 8466
    If a person whose only priority is that of a creditor claims appointment as administrator, the court in its discretion may deny the appointment and...
  • California Probate Code Section 8467
    If several persons have equal priority for appointment as administrator, the court may appoint one or more of them, or if such persons are unable...
  • California Probate Code Section 8468
    If persons having priority fail to claim appointment as administrator, the court may appoint any person who claims appointment.
  • California Probate Code Section 8469
    (a) For good cause, the court may allow the priority given by Section 8461 to a conservator or guardian of the estate of the decedent...
  • California Probate Code Section 8480
    (a) Except as otherwise provided by statute, every person appointed as personal representative shall, before letters are issued, give a bond approved by the court....
  • California Probate Code Section 8481
    (a) A bond is not required in either of the following cases: (1) The will waives the requirement of a bond. (2) All beneficiaries waive...
  • California Probate Code Section 8482
    (a) The court in its discretion may fix the amount of the bond, but the amount of the bond shall be not more than the...
  • California Probate Code Section 8483
    (a) This section applies where property in the estate has been deposited pursuant to Chapter 3 (commencing with Section 9700) of Part 5 on condition...
  • California Probate Code Section 8484
    If a personal representative petitions to have the amount of the bond reduced, the petition shall include an affidavit setting forth the condition of the...
  • California Probate Code Section 8485
    A personal representative who petitions for substitution or release of a surety shall file with the petition an account in the form provided in Section...
  • California Probate Code Section 8486
    The personal representative shall be allowed the reasonable cost of the bond for every year it remains in force.
  • California Probate Code Section 8487
    The provisions of the Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil...
  • California Probate Code Section 8488
    (a) In case of a breach of a condition of the bond, an action may be brought against the sureties on the bond for the...
  • California Probate Code Section 8500
    (a) Any interested person may petition for removal of the personal representative from office. A petition for removal may be combined with a petition for...
  • California Probate Code Section 8501
    On removal of a personal representative from office, the court shall revoke any letters issued to the personal representative, and the authority of the personal...
  • California Probate Code Section 8502
    A personal representative may be removed from office for any of the following causes: (a) The personal representative has wasted, embezzled, mismanaged, or committed a...
  • California Probate Code Section 8503
    (a) Subject to subdivision (b), an administrator may be removed from office on the petition of the surviving spouse or a relative of the decedent...
  • California Probate Code Section 8504
    (a) After appointment of an administrator on the ground of intestacy, the personal representative shall be removed from office on the later admission to probate...
  • California Probate Code Section 8505
    (a) A personal representative may be removed from office if the personal representative is found in contempt for disobeying an order of the court. (b)...
  • California Probate Code Section 8520
    A vacancy occurs in the office of a personal representative who resigns, dies, or is removed from office under Article 6 (commencing with Section 8500),...
  • California Probate Code Section 8521
    (a) Unless the will provides otherwise or the court in its discretion orders otherwise, if a vacancy occurs in the office of fewer than all...
  • California Probate Code Section 8522
    (a) If a vacancy occurs in the office of a personal representative and there are no other personal representatives, the court shall appoint a successor...
  • California Probate Code Section 8523
    The court may make orders that are necessary to deal with the estate of the decedent between the time a vacancy occurs in the office...
  • California Probate Code Section 8524
    (a) A successor personal representative is entitled to demand, sue for, recover and collect all the estate of the decedent remaining unadministered, and may prosecute...
  • California Probate Code Section 8525
    (a) The acts of the personal representative before a vacancy occurs are valid to the same extent as if no vacancy had later occurred. (b)...
  • California Probate Code Section 8540
    (a) If the circumstances of the estate require the immediate appointment of a personal representative, the court may appoint a special administrator to exercise any...
  • California Probate Code Section 8541
    (a) Appointment of a special administrator may be made at any time without notice or on such notice to interested persons as the court deems...
  • California Probate Code Section 8542
    (a) The clerk shall issue letters to the special administrator after both of the following conditions are satisfied: (1) The special administrator gives any bond...
  • California Probate Code Section 8543
    Subject to subdivision (b) of Section 8481, the court shall direct that no bond be given in either of the following cases: (a) The will...
  • California Probate Code Section 8544
    (a) Except to the extent the order appointing a special administrator prescribes terms, the special administrator has the power to do all of the following...
  • California Probate Code Section 8545
    (a) Notwithstanding Section 8544, the court may grant a special administrator the same powers, duties, and obligations as a general personal representative where to do...
  • California Probate Code Section 8546
    (a) The powers of a special administrator cease on issuance of letters to a general personal representative or as otherwise directed by the court. (b)...
  • California Probate Code Section 8547
    (a) Subject to the limitations of this section, the court shall fix the compensation of the special administrator and the compensation of the attorney of...
  • California Probate Code Section 8570
    As used in this article, "nonresident personal representative" means a nonresident of this state appointed as personal representative, or a resident of this state appointed...
  • California Probate Code Section 8571
    Notwithstanding any other provision of this chapter and notwithstanding a waiver of a bond, the court in its discretion may require a nonresident personal representative...
  • California Probate Code Section 8572
    (a) Acceptance of appointment by a nonresident personal representative is equivalent to and constitutes an irrevocable and binding appointment by the nonresident personal representative of...
  • California Probate Code Section 8573
    A nonresident personal representative shall sign and file with the court a statement of the permanent address of the nonresident personal representative. If the permanent...
  • California Probate Code Section 8574
    (a) Service of process or notice of a motion under Section 377.41 of the Code of Civil Procedure in any action or proceeding against the...
  • California Probate Code Section 8575
    Proof of compliance with Section 8574 shall be made in the following manner: (a) In the event of service by mail, by certificate of the...
  • California Probate Code Section 8576
    (a) Except as provided in this section, service made under Section 8574 has the same legal force and validity as if made personally in this...
  • California Probate Code Section 8577
    (a) Failure of a nonresident personal representative to comply with Section 8573 is cause for removal from office. (b) Nothing in this section limits the...
  • California Probate Code Section 8800
    (a) The personal representative shall file with the court clerk an inventory of property to be administered in the decedent's estate together with an appraisal...
  • California Probate Code Section 8801
    If the personal representative acquires knowledge of property to be administered in the decedent's estate that is not included in a prior inventory and appraisal,...
  • California Probate Code Section 8802
    The inventory and appraisal shall separately list each item and shall state the fair market value of the item at the time of the decedent's...
  • California Probate Code Section 8803
    On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal representative shall, pursuant to Section 1252, mail a copy...
  • California Probate Code Section 8804
    If the personal representative refuses or negligently fails to file an inventory and appraisal within the time allowed under this chapter, upon petition of an...
  • California Probate Code Section 8850
    (a) The inventory, including partial and supplemental inventories, shall include all property to be administered in the decedent's estate. (b) The inventory shall particularly specify...
  • California Probate Code Section 8851
    The discharge or devise in a will of any debt or demand of the testator against the executor or any other person is not valid...
  • California Probate Code Section 8852
    (a) The personal representative shall take and subscribe an oath that the inventory contains a true statement of the property to be administered in the...
  • California Probate Code Section 8870
    (a) On petition by the personal representative or an interested person, the court may order that a citation be issued to a person to answer...
  • California Probate Code Section 8871
    Interrogatories may be put to a person cited to answer interrogatories pursuant to Section 8870. The interrogatories and answers shall be in writing. The answers...
  • California Probate Code Section 8872
    (a) At an examination witnesses may be produced and examined on either side. (b) If upon the examination it appears that the allegations of the...
  • California Probate Code Section 8873
    (a) On petition by the personal representative, the court may issue a citation to a person who has possession or control of property in the...
  • California Probate Code Section 8900
    The appraisal of property in the inventory shall be made by the personal representative, probate referee, or independent expert as provided in this chapter.
  • California Probate Code Section 8901
    The personal representative shall appraise the following property, excluding items whose fair market value is, in the opinion of the personal representative, an amount different...
  • California Probate Code Section 8902
    Except as otherwise provided by statute: (a) The personal representative shall deliver the inventory to the probate referee designated by the court, together with necessary...
  • California Probate Code Section 8903
    (a) The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section. (b) The personal representative may...
  • California Probate Code Section 8904
    (a) A unique, artistic, unusual, or special item of tangible personal property that would otherwise be appraised by the probate referee may, at the election...
  • California Probate Code Section 8905
    A person who appraises property, whether a personal representative, probate referee, or independent expert, shall sign the appraisal as to property appraised by that person,...
  • California Probate Code Section 8906
    (a) At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file...
  • California Probate Code Section 8907
    Neither the personal representative nor the attorney for the personal representative is entitled to receive compensation for extraordinary services by reason of appraising any property...
  • California Probate Code Section 8908
    A probate referee who appraises property in the estate shall, upon demand by the personal representative or by a beneficiary: (a) Provide any appraisal report...
  • California Probate Code Section 8909
    A probate referee who appraises property in an estate shall retain possession of all appraisal reports and backup data used by the referee to appraise...
  • California Probate Code Section 8920
    The probate referee, when designated by the court, shall be among the persons appointed by the Controller to act as a probate referee for the...
  • California Probate Code Section 8921
    The court may designate a person requested by the personal representative as probate referee, on a showing by the personal representative of good cause for...
  • California Probate Code Section 8922
    The court has authority and discretion not to designate a particular person as probate referee even though appointed by the Controller to act as a...
  • California Probate Code Section 8923
    The court may not designate as probate referee any of the following persons: (a) The court clerk. (b) A partner or employee of the judge...
  • California Probate Code Section 8924
    (a) The court shall remove the designated probate referee in any of the following circumstances: (1) The personal representative shows cause, including incompetence or undue...
  • California Probate Code Section 8940
    (a) The probate referee shall promptly and with reasonable diligence appraise the property scheduled for appraisal by the probate referee in the inventory that the...
  • California Probate Code Section 8941
    (a) The court shall, on petition of the personal representative or probate referee, or may, on the court's own motion, hear the report of the...
  • California Probate Code Section 8960
    (a) The commission and expenses provided by this article as compensation for the services of the probate referee shall be paid from the estate. (b)...
  • California Probate Code Section 8961
    As compensation for services the probate referee shall receive all of the following: (a) A commission of one-tenth of one percent of the total value...
  • California Probate Code Section 8963
    (a) Notwithstanding Section 8961 and subject to subdivision (b), the commission of the probate referee shall in no event be less than seventy-five dollars ($75)...
  • California Probate Code Section 8964
    If more than one probate referee appraises or participates in the appraisal of property in the estate, each is entitled to the share of the...
  • California Probate Code Section 8980
    If an inventory is delivered to a probate referee for appraisal before July 1, 1989, all matters relating to the appraisal by the referee, including...
  • California Probate Code Section 9000
    As used in this division: (a) "Claim" means a demand for payment for any of the following, whether due, not due, accrued or not accrued,...
  • California Probate Code Section 9001
    (a) The publication of notice under Section 8120 and the giving of notice of administration of the estate of the decedent under Chapter 2 (commencing...
  • California Probate Code Section 9002
    Except as otherwise provided by statute: (a) All claims shall be filed in the manner and within the time provided in this part. (b) A...
  • California Probate Code Section 9003
    A claim that is established under this part shall be included among the debts to be paid in the course of administration.
  • California Probate Code Section 9004
    (a) This part does not apply in any proceeding for administration of a decedent's estate commenced before July 1, 1988. (b) The applicable law in...
  • California Probate Code Section 9050
    (a) Subject to Section 9054, the personal representative shall give notice of administration of the estate to the known or reasonably ascertainable creditors of the...
  • California Probate Code Section 9051
    The notice shall be given within the later of: (a) Four months after the date letters are first issued. (b) Thirty days after the personal...
  • California Probate Code Section 9052
    The notice shall be in substantially the following form: NOTICE OF ADMINISTRATION OF ESTATE OF _______, DECEDENT Notice to creditors: Administration of the estate of...
  • California Probate Code Section 9053
    (a) If the personal representative believes that notice to a particular creditor is or may be required by this chapter and gives notice based on...
  • California Probate Code Section 9054
    Notwithstanding Section 9050, the personal representative need not give notice to a creditor even though the personal representative has knowledge of the creditor if any...
  • California Probate Code Section 9100
    (a) A creditor shall file a claim before expiration of the later of the following times: (1) Four months after the date letters are first...
  • California Probate Code Section 9101
    A vacancy in the office of the personal representative that occurs before expiration of the time for filing a claim does not extend the time.
  • California Probate Code Section 9102
    A claim that is filed before expiration of the time for filing the claim is timely even if acted on by the personal representative or...
  • California Probate Code Section 9103
    (a) Upon petition by a creditor or the personal representative, the court may allow a claim to be filed after expiration of the time for...
  • California Probate Code Section 9104
    (a) Subject to subdivision (b), if a claim is filed within the time provided in this chapter, the creditor may later amend or revise the...
  • California Probate Code Section 9150
    (a) A claim may be filed by the creditor or a person acting on behalf of the creditor. (b) A claim shall be filed with...
  • California Probate Code Section 9151
    (a) A claim shall be supported by the affidavit of the creditor or the person acting on behalf of the creditor stating: (1) The claim...
  • California Probate Code Section 9152
    (a) If a claim is based on a written instrument, either the original or a copy of the original with all endorsements shall be attached...
  • California Probate Code Section 9153
    A claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy mailed...
  • California Probate Code Section 9154
    (a) Notwithstanding any other provision of this part, if a creditor makes a written demand for payment within four months after the date letters are...
  • California Probate Code Section 9200
    (a) Except as provided in this chapter, a claim by a public entity shall be filed within the time otherwise provided in this part. A...
  • California Probate Code Section 9201
    (a) Notwithstanding any other statute, if a claim of a public entity arises under a law, act, or code listed in subdivision (b): (1) The...
  • California Probate Code Section 9202
    (a) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney...
  • California Probate Code Section 9203
    (a) Failure of a person to give the written notice or request required by this chapter does not affect the validity of any proceeding under...
  • California Probate Code Section 9204
    Nothing in this chapter shall be construed to affect the order of priority of claims provided for under other provisions of law.
  • California Probate Code Section 9205
    This chapter does not apply to liability for the restitution of amounts illegally acquired through the means of a fraudulent, false, or incorrect representation, or...
  • California Probate Code Section 9250
    (a) When a claim is filed, the personal representative shall allow or reject the claim in whole or in part. (b) The allowance or rejection...
  • California Probate Code Section 9251
    If the personal representative is not authorized to act under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400)): (a) Immediately on...
  • California Probate Code Section 9252
    (a) If the personal representative or the attorney for the personal representative is a creditor of the decedent, the clerk shall present the claim to...
  • California Probate Code Section 9253
    A claim barred by the statute of limitations may not be allowed by the personal representative or approved by the court or judge.
  • California Probate Code Section 9254
    (a) The validity of an allowed or approved claim may be contested by any interested person at any time before settlement of the report or...
  • California Probate Code Section 9255
    (a) The personal representative may allow a claim, or the court or judge may approve a claim, in part. The allowance or approval shall state...
  • California Probate Code Section 9256
    If within 30 days after a claim is filed the personal representative or the court or judge has refused or neglected to act on the...
  • California Probate Code Section 9300
    (a) Except as provided in Section 9303, after the death of the decedent all money judgments against the decedent or against the personal representative on...
  • California Probate Code Section 9301
    When a money judgment against a personal representative in a representative capacity becomes final, it conclusively establishes the validity of the claim for the amount...
  • California Probate Code Section 9302
    (a) Notwithstanding the death of the decedent, a judgment for possession of property or a judgment for sale of property may be enforced under the...
  • California Probate Code Section 9303
    If property of the decedent is subject to an execution lien at the time of the decedent's death, enforcement against the property may proceed under...
  • California Probate Code Section 9304
    (a) An attachment lien may be converted into a judgment lien on property in the estate subject to the attachment lien, with the same priority...
  • California Probate Code Section 9350
    This article applies to any claim other than a claim on an action or proceeding pending against the decedent at the time of death.
  • California Probate Code Section 9351
    An action may not be commenced against a decedent's personal representative on a cause of action against the decedent unless a claim is first filed...
  • California Probate Code Section 9352
    (a) The filing of a claim or a petition under Section 9103 to file a claim tolls the statute of limitations otherwise applicable to the...
  • California Probate Code Section 9353
    (a) Regardless of whether the statute of limitations otherwise applicable to a claim will expire before or after the following times, a claim rejected in...
  • California Probate Code Section 9354
    (a) In addition to any other county in which an action may be commenced, an action on the claim may be commenced in the county...
  • California Probate Code Section 9370
    (a) An action or proceeding pending against the decedent at the time of death may not be continued against the decedent's personal representative unless all...
  • California Probate Code Section 9390
    (a) An action to establish the decedent's liability for which the decedent was protected by insurance may be commenced or continued under Section 550, and...
  • California Probate Code Section 9391
    Except as provided in Section 10361, the holder of a mortgage or other lien on property in the decedent's estate, including, but not limited to,...
  • California Probate Code Section 9392
    (a) Subject to subdivision (b), a person to whom property is distributed is personally liable for the claim of a creditor, without a claim first...
  • California Probate Code Section 9399
    (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 9600
    (a) The personal representative has the management and control of the estate and, in managing and controlling the estate, shall use ordinary care and diligence....
  • California Probate Code Section 9601
    (a) If a personal representative breaches a fiduciary duty, the personal representative is chargeable with any of the following that is appropriate under the circumstances:...
  • California Probate Code Section 9602
    (a) If the personal representative is liable for interest pursuant to Section 9601, the personal representative is liable for the greater of the following amounts:...
  • California Probate Code Section 9603
    The provisions of Sections 9601 and 9602 for liability of a personal representative for breach of a fiduciary duty do not prevent resort to any...
  • California Probate Code Section 9604
    No personal representative is chargeable upon a special promise to answer in damages for a liability of the decedent or to pay a debt of...
  • California Probate Code Section 9605
    Appointment of a person as personal representative does not discharge any claim the decedent has against the person.
  • California Probate Code Section 9606
    Unless otherwise provided in the instrument or in this division, a personal representative is not personally liable on an instrument, including but not limited to...
  • California Probate Code Section 9610
    Unless this part specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this part may...
  • California Probate Code Section 9611
    (a) In all cases where no other procedure is provided by statute, upon petition of the personal representative, the court may authorize and instruct the...
  • California Probate Code Section 9613
    (a) On petition of any interested person, and upon a showing that if the petition is not granted the estate will suffer great or irreparable...
  • California Probate Code Section 9614
    (a) On petition of an interested person, the court may suspend the powers of the personal representative in whole or in part, for a time,...
  • California Probate Code Section 9620
    If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may do either of the...
  • California Probate Code Section 9621
    If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may enter into an agreement...
  • California Probate Code Section 9630
    (a) Subject to subdivisions (b), (c), and (d): (1) Where there are two personal representatives, both must concur to exercise a power. (2) Where there...
  • California Probate Code Section 9631
    (a) Except as provided in subdivision (b), where there is more than one personal representative, one personal representative is not liable for a breach of...
  • California Probate Code Section 9640
    Nothing in this part limits or restricts any authority granted to a personal representative under the Independent Administration of Estates Act (Part 6 (commencing with...
  • California Probate Code Section 9645
    (a) Subject to subdivisions (b) and (c), any petition or other matter filed or commenced before July 1, 1988, shall be continued under this part,...
  • California Probate Code Section 9650
    (a) Except as provided by statute and subject to subdivision (c): (1) The personal representative has the right to, and shall take possession or control...
  • California Probate Code Section 9651
    (a) A personal representative who in good faith takes into possession real or personal property, and reasonably believes that the property is part of the...
  • California Probate Code Section 9652
    (a) Except as provided in subdivisions (b) and (c), the personal representative shall keep all cash in his or her possession invested in interest-bearing accounts...
  • California Probate Code Section 9653
    (a) On application of a creditor of the decedent or the estate, the personal representative shall commence and prosecute an action for the recovery of...
  • California Probate Code Section 9654
    The heirs or devisees may themselves, or jointly with the personal representative, maintain an action for possession of property or to quiet title to property...
  • California Probate Code Section 9655
    With respect to a share of stock of a domestic or foreign corporation held in the estate, a membership in a nonprofit corporation held in...
  • California Probate Code Section 9656
    The personal representative may insure the property of the estate against damage or loss and may insure himself or herself against liability to third persons.
  • California Probate Code Section 9657
    The personal representative shall not make profit by the increase, nor suffer loss by the decrease or destruction without his or her fault, of any...
  • California Probate Code Section 9700
    The personal representative may deposit money of the estate in an insured account in a financial institution in this state. Unless otherwise provided by court...
  • California Probate Code Section 9701
    The personal representative may deposit personal property of the estate with a trust company for safekeeping. Unless otherwise provided by court order, the personal property...
  • California Probate Code Section 9702
    (a) A trust company serving as personal representative may deposit securities that constitute all or part of the estate in a securities depository as provided...
  • California Probate Code Section 9703
    (a) Upon application of the personal representative, the court may, with or without notice, order that money or other personal property be deposited pursuant to...
  • California Probate Code Section 9704
    When an order for distribution of money or personal property deposited pursuant to this chapter is made, the financial institution, trust company, or securities depository...
  • California Probate Code Section 9705
    (a) Subject to subdivision (b), where a trust company is a personal representative and in the exercise of reasonable judgment deposits money of the estate...
  • California Probate Code Section 9730
    Pending distribution of the estate, the personal representative may invest money of the estate in possession of the personal representative in any one or more...
  • California Probate Code Section 9731
    (a) Pending distribution of the estate, upon a showing that it is to the advantage of the estate, the court may order that money of...
  • California Probate Code Section 9732
    (a) The court may order that money of the estate in possession of the personal representative be invested in any manner provided by the will...
  • California Probate Code Section 9733
    (a) Pending distribution of the estate or at the time the court makes an order for final distribution of the estate, on petition of the...
  • California Probate Code Section 9734
    (a) If an asset of the estate consists of an option right, the personal representative may exercise the option after authorization by order of court...
  • California Probate Code Section 9735
    (a) After authorization by order of court, the personal representative may purchase securities or commodities required to perform an incomplete contract of sale where the...
  • California Probate Code Section 9736
    The personal representative may hold a security in the name of a nominee or in any other form without disclosure of the estate so that...
  • California Probate Code Section 9737
    (a) If an estate by reason of owning securities also owns or receives subscription rights for the purchase of additional securities, the personal representative may...
  • California Probate Code Section 9760
    (a) As used in this section, "decedent's business" means an unincorporated business or venture in which the decedent was engaged or which was wholly or...
  • California Probate Code Section 9761
    If a partnership existed between the decedent and another person at the time of the decedent's death, on application of the personal representative, the court...
  • California Probate Code Section 9762
    (a) After authorization by order of court upon a showing that it would be to the advantage of the estate and in the best interest...
  • California Probate Code Section 9763
    (a) If the decedent was a general partner, the personal representative may commence and maintain any action against the surviving partner that the decedent could...
  • California Probate Code Section 9764
    (a) The personal representative of the estate of a deceased attorney who was engaged in a practice of law at the time of his or...
  • California Probate Code Section 9780
    Unless the property is specifically devised, subject to the requirements of this chapter, the personal representative may dispose of or abandon tangible personal property where...
  • California Probate Code Section 9781
    Unless otherwise provided in the will, subject to the requirements of this chapter, the personal representative may exercise the power provided in Section 9780 without...
  • California Probate Code Section 9782
    (a) Except as provided in Section 9785, before disposing of or abandoning property under Section 9780, the personal representative shall give notice of the proposed...
  • California Probate Code Section 9783
    A person described in Section 9782 may deliver or mail a written objection to the disposition or abandonment to the personal representative on or before...
  • California Probate Code Section 9784
    (a) A person described in Section 9782 who objects to the disposition or abandonment of property by the personal representative under Section 9780 may apply...
  • California Probate Code Section 9785
    Notice of the proposed disposition or abandonment need not be given to any of the following: (a) A person who consents in writing to the...
  • California Probate Code Section 9786
    A person who objects to the disposition or abandonment as provided in Section 9783, or who serves a restraining order issued under Section 9784 in...
  • California Probate Code Section 9787
    (a) Except as provided in subdivision (b), a person described in Section 9782 who receives notice of the proposed disposition or abandonment as provided in...
  • California Probate Code Section 9788
    (a) Notwithstanding Sections 9783 and 9784, the personal representative may abandon or dispose of the property without court authorization if the person who made the...
  • California Probate Code Section 9800
    (a) Subject to subdivision (c), after authorization by order of court obtained under this chapter upon a showing that it would be to the advantage...
  • California Probate Code Section 9801
    If property of the estate consists of an undivided interest in real or personal property, or any other interest therein less than the entire ownership,...
  • California Probate Code Section 9802
    (a) The personal representative or any interested person may file a petition for an order under this chapter. (b) The petition shall state the purpose...
  • California Probate Code Section 9803
    Notice of the hearing on the petition shall be given as provided in Section 1220.
  • California Probate Code Section 9804
    (a) Subject to subdivision (c), if the court is satisfied that it will be to the advantage of the estate, the court shall make an...
  • California Probate Code Section 9805
    (a) The personal representative shall execute and deliver the mortgage or deed of trust, or execute and deliver the instrument creating the security interest, setting...
  • California Probate Code Section 9806
    (a) Every mortgage, deed of trust, or security interest made pursuant to a court order obtained under this chapter is effectual to mortgage, or to...
  • California Probate Code Section 9807
    (a) Except as provided in subdivision (b), no judgment or claim for any deficiency shall be had or allowed against the personal representative or the...
  • California Probate Code Section 9820
    The personal representative may: (a) Commence and maintain actions and proceedings for the benefit of the estate. (b) Defend actions and proceedings against the decedent,...
  • California Probate Code Section 9822
    The personal representative may bring an action on the bond of any former personal representative of the same estate, for the use and benefit of...
  • California Probate Code Section 9823
    (a) If the decedent leaves an undivided interest in any property, an action for partition of the property may be brought against the personal representative....
  • California Probate Code Section 9830
    (a) Unless this chapter or some other applicable statute requires court authorization or approval, if it is to the advantage of the estate, the personal...
  • California Probate Code Section 9831
    Unless the time for filing creditor claims has expired, authorization by order of court is required for a compromise or settlement of a claim, action,...
  • California Probate Code Section 9832
    (a) Except as provided in subdivision (b), authorization by order of court is required for a compromise, settlement, extension, renewal, or modification which affects any...
  • California Probate Code Section 9833
    Authorization by order of court is required for a compromise or settlement of a matter when the transaction requires the transfer or encumbrance of property...
  • California Probate Code Section 9834
    Authorization by order of court is required for any of the following: (a) A compromise or settlement of a claim by the estate against the...
  • California Probate Code Section 9835
    Authorization by order of court is required for the compromise or settlement of a claim or right of action given to the personal representative by...
  • California Probate Code Section 9836
    The court authorization required by this chapter shall be obtained from the court in which the estate is being administered.
  • California Probate Code Section 9837
    (a) A petition for an order authorizing a compromise, settlement, extension, renewal, or modification under this chapter may be filed by any of the following:...
  • California Probate Code Section 9838
    (a) If an order made under Section 9837 authorizes a compromise or settlement that requires the transfer of real property of the estate, the personal...
  • California Probate Code Section 9839
    If the personal representative pays a claim for less than its full amount, the personal representative's accounts may be credited only for the amount actually
  • California Probate Code Section 9850
    (a) If it is to the advantage of the estate to accept a deed to property which is subject to a mortgage or deed of...
  • California Probate Code Section 9851
    (a) Except as provided in subdivision (c), if it is to the advantage of the estate for the personal representative to give a partial satisfaction...
  • California Probate Code Section 9880
    Except as provided in this chapter, neither the personal representative nor the personal representative's attorney may do any of the following: (a) Purchase any property...
  • California Probate Code Section 9881
    Upon a petition filed under Section 9883, the court may make an order under this section authorizing the personal representative or the personal representative's attorney...
  • California Probate Code Section 9882
    Upon a petition filed under Section 9883, the court may make an order under this section authorizing the personal representative or the personal representative's attorney...
  • California Probate Code Section 9883
    (a) The personal representative may file a petition requesting that the court make an order under Section 9881 or 9882. The petition shall set forth...
  • California Probate Code Section 9884
    This chapter does not prohibit the purchase of property of the estate by the personal representative or the personal representative's attorney pursuant to a contract...
  • California Probate Code Section 9885
    This chapter does not prevent the exercise by the personal representative or the personal representative's attorney of an option to purchase property of the estate...
  • California Probate Code Section 9900
    If it is to the advantage of the estate and in the best interest of the interested persons, the personal representative, after authorization by order...
  • California Probate Code Section 9901
    (a) The personal representative or any interested person may file a petition for an order under this chapter. (b) Notice of the hearing on the...
  • California Probate Code Section 9920
    If it is to the advantage of the estate to exchange property of the estate for other property, the personal representative may, after authorization by...
  • California Probate Code Section 9921
    To obtain an order under this chapter, the personal representative or any interested person shall file a petition containing all of the following: (a) A...
  • California Probate Code Section 9922
    (a) Except as provided in subdivision (b), notice of the hearing on the petition shall be given as provided in Section 1220. (b) If the...
  • California Probate Code Section 9923
    No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the exchange made pursuant to an order...
  • California Probate Code Section 9940
    For the purpose of this chapter: (a) "Lease" includes, without limitation, a lease that includes an option to purchase real propery of the estate. (b)...
  • California Probate Code Section 9941
    If it is to the advantage of the estate, the personal representative may lease, as lessor, real property of the estate without authorization of the...
  • California Probate Code Section 9942
    (a) The personal representative may lease, as lessor, real property of the estate after authorization by order of court obtained under this chapter upon a...
  • California Probate Code Section 9943
    (a) To obtain an order under this chapter, the personal representative or any interested person shall file a petition containing all of the following: (1)...
  • California Probate Code Section 9944
    (a) Notice of the hearing on the petition shall be given as provided in Section 1220 and posted as provided in Section 1230. (b) Notice...
  • California Probate Code Section 9945
    (a) At the hearing, the court shall entertain and consider any other offer made in good faith at the hearing to lease the same property...
  • California Probate Code Section 9946
    (a) Subject to Section 9947, an order authorizing the execution of a lease shall set forth the minimum rental or royalty or both and the...
  • California Probate Code Section 9947
    (a) Except as provided in this section, the term of the lease shall be for such period as the court may authorize. (b) Except as...
  • California Probate Code Section 9948
    (a) The personal representative shall execute, acknowledge, and deliver the lease as directed, setting forth therein that it is made by authority of the order,...
  • California Probate Code Section 9960
    After authorization by order of court obtained under this chapter, the personal representative may grant an option to purchase real property of the estate for...
  • California Probate Code Section 9961
    To obtain an order under this chapter, the personal representative shall file a petition containing all of the following: (a) A description of the real...
  • California Probate Code Section 9962
    The purchase price of the real property subject to the option shall be at least 90 percent of the appraised value of the real property....
  • California Probate Code Section 9963
    Notice of the hearing on the petition shall be posted as provided in Section 1230 and given as provided in Section 1220 to all of...
  • California Probate Code Section 9964
    (a) The court shall make an order authorizing the personal representative to grant the option upon the terms and conditions stated in the order if...
  • California Probate Code Section 9965
    An option granted pursuant to an order made under this chapter, whether within or beyond the administration of the estate, is subject to Chapter 4...
  • California Probate Code Section 9966
    No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the granting of an option pursuant to...
  • California Probate Code Section 9980
    (a) Where an option to purchase real or personal property is given in a will, the person given the option has the right to exercise...
  • California Probate Code Section 9981
    (a) Where an option to purchase real or personal property is given in a will admitted to probate, the court may make an order under...
  • California Probate Code Section 9982
    The court shall not make an order under this chapter unless one of the following requirements is satisfied: (a) The court determines that the rights...
  • California Probate Code Section 9983
    No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the transfer or conveyance made pursuant to...
  • California Probate Code Section 10000
    Subject to the limitations, conditions, and requirements of this chapter, the personal representative may sell real or personal property of the estate in any of...
  • California Probate Code Section 10001
    (a) If the personal representative neglects or refuses to sell the property, any interested person may petition the court for an order requiring the personal...
  • California Probate Code Section 10002
    (a) Subject to subdivision (b), if directions are given in the will as to the mode of selling or the particular property to be sold,...
  • California Probate Code Section 10003
    Subject to Part 4 (commencing with Section 21400) of Division 11 and to Sections 10001 and 10002, if estate property is required or permitted to...
  • California Probate Code Section 10004
    (a) Where the personal representative determines in his or her discretion that, by use or relationship, any assets of the estate, whether real or personal,...
  • California Probate Code Section 10005
    (a) If any property in the estate is sold for more than the appraised value, the personal representative shall account for the proceeds of sale,...
  • California Probate Code Section 10006
    If property in the estate is to be sold as an undivided interest in a cotenancy, the other cotenants may file in the estate proceeding...
  • California Probate Code Section 10150
    (a) The personal representative may enter into a written contract with either or both of the following: (1) A licensed real estate broker to secure...
  • California Probate Code Section 10151
    (a) The personal representative may enter into a written contract with any of the following: (1) Where the public auction sale will be held in...
  • California Probate Code Section 10160
    The estate is not liable to an agent, broker, or auctioneer under a contract for the sale of property or for any fee, commission, or...
  • California Probate Code Section 10160.5
    The estate is not liable to an agent or broker under a contract for the sale of property or for any fee, commission, or other...
  • California Probate Code Section 10161
    (a) Subject to the provisions of this article, whether or not the agent or broker has a contract with the personal representative, the fee, commission,...
  • California Probate Code Section 10162
    (a) Subject to subdivision (b), where the bid returned to the court for confirmation is made by a person who is not represented by an...
  • California Probate Code Section 10162.3
    (a) This section applies if all of the following circumstances exist: (1) There is no agent or broker holding a contract under Section 10150 granting...
  • California Probate Code Section 10162.5
    Subject to Section 10162.6, where an agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property, the court...
  • California Probate Code Section 10162.6
    (a) This section applies if both of the following circumstances exist: (1) An agent or broker holds a contract under Section 10150 granting the exclusive...
  • California Probate Code Section 10162.7
    (a) Subject to Section 10162.6, this section applies if all of the following circumstances exist: (1) There is an agent or broker holding a contract...
  • California Probate Code Section 10163
    Subject to Sections 10162 and 10162.6, where the original bid returned to the court for confirmation was made by a purchaser who was not procured...
  • California Probate Code Section 10164
    (a) This section applies only where the court confirms a sale on an increased bid, made at the time of the hearing on the petition...
  • California Probate Code Section 10165
    (a) Subject to Section 10162.6, where the court confirms a sale on an increased bid, made at the time of the hearing on the petition...
  • California Probate Code Section 10166
    Notwithstanding that a bid contains a condition that a certain amount of the bid shall be paid to an agent or broker by the personal...
  • California Probate Code Section 10167
    (a) Subject to subdivision (b), whether or not the auctioneer has a contract with the personal representative, the fees, compensation, and expenses of an auctioneer...
  • California Probate Code Section 10168
    This article does not supersede any agreement cooperating agents or brokers may have among themselves to divide the compensation payable under this article.
  • California Probate Code Section 10200
    (a) As used in this section, "securities" means "security" as defined in Section 70, land trust certificates, certificates of beneficial interest in trusts, investment trust...
  • California Probate Code Section 10201
    (a) For purposes of this section: (1) "Federal association" is defined in Section 5102 of the Financial Code. (2) "Mutual capital certificate" is defined in...
  • California Probate Code Section 10202
    Notwithstanding Section 10200, if an estate by reason of owning securities, also owns or receives subscription rights for the purchase of additional securities, the personal...
  • California Probate Code Section 10203
    (a) Except as provided in subdivision (b), where property to be sold consists of a leasehold interest, the sale shall be made as in the...
  • California Probate Code Section 10204
    Property of the estate that consists of a partnership interest or an interest belonging to an estate by virtue of a partnership formerly existing may...
  • California Probate Code Section 10205
    A chose in action belonging to the estate may be sold in the same manner as other personal property.
  • California Probate Code Section 10206
    (a) Except as otherwise provided in this section, if the decedent at the time of death was possessed of a contract for the purchase of...
  • California Probate Code Section 10207
    (a) Real property suitable for a shift-in-land-use loan to develop grazing or pasture facilities may be sold under this section by the personal representative to...
  • California Probate Code Section 10250
    Subject to Sections 10251 and 10252 and except as otherwise provided by statute, personal property of the estate may be sold only after notice of...
  • California Probate Code Section 10251
    (a) If it is shown that it will be to the advantage of the estate, the court or judge may by order shorten the time...
  • California Probate Code Section 10252
    Personal property may be sold with or without notice, as the personal representative may determine, in any of the following cases: (a) Where the property...
  • California Probate Code Section 10253
    (a) The notice of sale given pursuant to Section 10250 shall state all of the following: (1) Whether the sale is to be a private...
  • California Probate Code Section 10254
    (a) Unless the court orders otherwise pursuant to subdivision (b): (1) A sale of personal property at a public auction sale shall be made within...
  • California Probate Code Section 10255
    (a) A private sale of personal property may not be made before the day stated in the notice of sale as the day on or...
  • California Probate Code Section 10256
    Whether a sale of personal property is private or at public auction, bids shall substantially comply with any terms specified in the notice of sale.
  • California Probate Code Section 10257
    (a) Personal property may be sold for cash or on credit. (b) Except as may otherwise be ordered by the court pursuant to Section 10258,...
  • California Probate Code Section 10258
    (a) On petition of the personal representative, the court may by order authorize a sale of personal property on credit on terms providing for less...
  • California Probate Code Section 10259
    (a) Title to the following personal property passes upon sale without the need for court confirmation or approval: (1) Personal property which is perishable, which...
  • California Probate Code Section 10260
    (a) Except as provided in Sections 10200, 10201, 10202, 10259, and 10503, all sales of personal property shall be reported to and be confirmed by...
  • California Probate Code Section 10261
    (a) Except as provided in this subdivision, at the hearing on the petition for confirmation of the sale, the court shall examine into the necessity...
  • California Probate Code Section 10262
    (a) Except as provided in subdivision (b), if a written offer to purchase the property is made to the court at the hearing on the...
  • California Probate Code Section 10263
    If notice of the sale was required, before an order is made confirming the sale, it shall be proved to the satisfaction of the court...
  • California Probate Code Section 10264
    No omission, error, or irregularity in the proceedings under this article shall impair or invalidate the proceedings or the sale pursuant to an order made...
  • California Probate Code Section 10300
    (a) Except as provided in Sections 10301 to 10303, inclusive, and in Section 10503, real property of the estate may be sold only after notice...
  • California Probate Code Section 10301
    (a) If it appears from the inventory and appraisal that the value of the real property to be sold does not exceed five thousand dollars...
  • California Probate Code Section 10302
    (a) If it is shown that it will be to the advantage of the estate, the court or judge may by order shorten the time...
  • California Probate Code Section 10303
    Real property may be sold with or without notice, as the personal representative may determine, in either of the following cases: (a) Where the property...
  • California Probate Code Section 10304
    (a) The notice of sale given pursuant to this article shall state all of the following: (1) Whether the sale is to be a private...
  • California Probate Code Section 10305
    (a) A sale of real property at public auction shall be made in the county in which the property is located. If the property is...
  • California Probate Code Section 10306
    (a) A private sale of real property may not be made before the day stated in the notice of sale as the day on or...
  • California Probate Code Section 10307
    Whether a sale of real property is private or at public auction, bids shall substantially comply with any terms specified in the notice of sale.
  • California Probate Code Section 10308
    (a) Except as provided in Section 10503, all sales of real property shall be reported to and be confirmed by the court before title to...
  • California Probate Code Section 10309
    (a) Except as provided in Section 10207, no sale of real property at private sale shall be confirmed by the court unless all of the...
  • California Probate Code Section 10310
    (a) Except as provided in this subdivision, at the hearing on the petition for confirmation of the sale of the real property, the court shall...
  • California Probate Code Section 10311
    (a) Subject to subdivisions (b), (c), (d), and (e), and except as provided in Section 10207, if a written offer to purchase the real property...
  • California Probate Code Section 10312
    If notice of the sale was required, before an order is made confirming the sale it shall be proved to the satisfaction of the court...
  • California Probate Code Section 10313
    (a) The court shall make an order confirming the sale to the person making the highest offer that satisfies the requirements of this article, and...
  • California Probate Code Section 10314
    (a) Except as provided in subdivision (b), upon confirmation of the sale, the personal representative shall execute a conveyance to the purchaser which shall refer...
  • California Probate Code Section 10315
    (a) If a sale is made on credit, the personal representative shall take the note of the purchaser for the unpaid portion of the purchase...
  • California Probate Code Section 10316
    No omission, error, or irregularity in the proceedings under this article shall impair or invalidate the proceedings or the sale pursuant to an order made...
  • California Probate Code Section 10350
    (a) If after court confirmation of sale of real or personal property the purchaser fails to comply with the terms of sale, the court may,...
  • California Probate Code Section 10351
    (a) The court may vacate the order of confirmation of a sale of real or personal property and make an order confirming the sale to...
  • California Probate Code Section 10360
    As used in this article: (a) "Amount secured by the lien" includes interest and any costs and charges secured by the lien. (b) "Encumbered property"...
  • California Probate Code Section 10361
    (a) If encumbered property is sold, the purchase money shall be applied in the following order: (1) Expenses of administration which are reasonably related to...
  • California Probate Code Section 10361.5
    The personal representative or any interested party may, at any time before payment is made to satisfy all liens on the encumbered property sold, petition...
  • California Probate Code Section 10361.6
    (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 10362
    (a) If encumbered property is sold, the purchase money, or so much of the purchase money as is sufficient to pay the amount secured by...
  • California Probate Code Section 10363
    (a) At a sale of real or personal property subject to a lien, the lienholder may become the purchaser of the property, even though no...
  • California Probate Code Section 10380
    The personal representative is liable to an interested person for damages suffered by the interested person by reason of the neglect or misconduct of the...
  • California Probate Code Section 10381
    In addition to any other damages for which the personal representative is liable, if the personal representative fraudulently sells real property of the estate contrary...
  • California Probate Code Section 10382
    (a) No action for the recovery of property sold by a personal representative on the claim that the sale is void may be maintained by...
  • California Probate Code Section 10400
    This part shall be known and may be cited as the Independent Administration of Estates Act.
  • California Probate Code Section 10401
    As used in this part, "court supervision" means the judicial order, authorization, approval, confirmation, or instructions that would be required if authority to administer the...
  • California Probate Code Section 10402
    As used in this part, "full authority" means authority to administer the estate under this part that includes all the powers granted under this part.
  • California Probate Code Section 10403
    As used in this part, "limited authority" means authority to administer the estate under this part that includes all the powers granted under this part...
  • California Probate Code Section 10404
    The personal representative may not be granted authority to administer the estate under this part if the decedent's will provides that the estate shall not...
  • California Probate Code Section 10405
    A special administrator may be granted authority to administer the estate under this part if the special administrator is appointed with, or has been granted,...
  • California Probate Code Section 10406
    (a) Subject to subdivision (b), this part applies in any case where authority to administer the estate is granted under this part or where independent...
  • California Probate Code Section 10450
    (a) To obtain authority to administer the estate under this part, the personal representative shall petition the court for that authority either in the petition...
  • California Probate Code Section 10451
    (a) If the authority to administer the estate under this part is requested in the petition for appointment of the personal representative, notice of the...
  • California Probate Code Section 10452
    Unless an interested person objects as provided in Section 1043 to the granting of authority to administer the estate under this part and the court...
  • California Probate Code Section 10453
    (a) If the personal representative is otherwise required to file a bond and has full authority, the court, in its discretion, shall fix the amount...
  • California Probate Code Section 10454
    (a) Any interested person may file a petition requesting that the court make either of the following orders: (1) An order revoking the authority of...
  • California Probate Code Section 10500
    (a) Subject to the limitations and conditions of this part, a personal representative who has been granted authority to administer the estate under this part...
  • California Probate Code Section 10501
    (a) Notwithstanding any other provision of this part, whether the personal representative has been granted full authority or limited authority, a personal representative who has...
  • California Probate Code Section 10502
    (a) Subject to the conditions and limitations of this part and to Section 9600, a personal representative who has been granted authority to administer the...
  • California Probate Code Section 10503
    Subject to the limitations and requirements of this part, when the personal representative exercises the authority to sell property of the estate under this part,...
  • California Probate Code Section 10510
    The personal representative may exercise the powers described in this article only if the requirements of Chapter 4 (commencing with Section 10580) (notice of proposed...
  • California Probate Code Section 10511
    The personal representative who has full authority has the power to sell or exchange real property of the estate.
  • California Probate Code Section 10512
    The personal representative has the power to sell or incorporate any of the following: (a) An unincorporated business or venture in which the decedent was...
  • California Probate Code Section 10513
    The personal representative has the power to abandon tangible personal property where the cost of collecting, maintaining, and safeguarding the property would exceed its fair...
  • California Probate Code Section 10514
    (a) Subject to subdivision (b), the personal representative has the following powers: (1) The power to borrow. (2) The power to place, replace, renew, or...
  • California Probate Code Section 10515
    The personal representative who has full authority has the power to grant an option to purchase real property of the estate for a period within...
  • California Probate Code Section 10516
    If the will gives a person the option to purchase real or personal property and the person has complied with the terms and conditions stated...
  • California Probate Code Section 10517
    The personal representative has the power to convey or transfer real or personal property to complete a contract entered into by the decedent to convey...
  • California Probate Code Section 10518
    The personal representative has the power to allow, compromise, or settle any of the following: (a) A third-party claim to real or personal property if...
  • California Probate Code Section 10519
    The personal representative has the power to make a disclaimer.
  • California Probate Code Section 10520
    If the time for filing claims has expired and it appears that the distribution may be made without loss to creditors or injury to the...
  • California Probate Code Section 10530
    Except to the extent that this article otherwise provides, the personal representative may exercise the powers described in this article without giving notice of proposed...
  • California Probate Code Section 10531
    (a) The personal representative has the power to manage and control property of the estate, including making allocations and determinations under the Uniform Principal and...
  • California Probate Code Section 10532
    (a) The personal representative has the power to enter into a contract in order to carry out the exercise of a specific power granted by...
  • California Probate Code Section 10533
    (a) The personal representative has the power to do all of the following: (1) Deposit money belonging to the estate in an insured account in...
  • California Probate Code Section 10534
    (a) Subject to the partnership agreement and the provisions of the Uniform Partnership Act of 1994 (Chapter 5 (commencing with Section 16100) of Title 2...
  • California Probate Code Section 10535
    (a) The personal representative has the power to pay a reasonable family allowance. Except as provided in subdivision (b), the personal representative may exercise this...
  • California Probate Code Section 10536
    (a) The personal representative has the power to enter as lessor into a lease of property of the estate for any purpose (including, but not...
  • California Probate Code Section 10537
    (a) The personal representative has the power to sell personal property of the estate or to exchange personal property of the estate for other property...
  • California Probate Code Section 10538
    (a) The personal representative has the following powers: (1) The power to grant an exclusive right to sell property for a period not to exceed...
  • California Probate Code Section 10550
    The personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4 (commencing with Section 10580).
  • California Probate Code Section 10551
    In addition to the powers granted to the personal representative by other sections of this chapter, the personal representative has all the powers that the...
  • California Probate Code Section 10552
    The personal representative has the power to do all of the following: (a) Allow, pay, reject, or contest any claim by or against the estate....
  • California Probate Code Section 10553
    The personal representative has the power to do all of the following: (a) Commence and maintain actions and proceedings for the benefit of the estate....
  • California Probate Code Section 10554
    The personal representative has the power to extend, renew, or in any manner modify the terms of an obligation owing to or in favor of...
  • California Probate Code Section 10555
    The personal representative has the power to convey or transfer property in order to carry out the exercise of a specific power granted by this
  • California Probate Code Section 10556
    The personal representative has the power to pay all of the following: (a) Taxes and assessments. (b) Expenses incurred in the collection, care, and administration...
  • California Probate Code Section 10557
    The personal representative has the power to purchase an annuity from an insurer admitted to do business in this state to satisfy a devise of...
  • California Probate Code Section 10558
    The personal representative has the power to exercise an option right that is property of the estate.
  • California Probate Code Section 10559
    The personal representative has the power to purchase securities or commodities required to perform an incomplete contract of sale where the decedent died having sold...
  • California Probate Code Section 10560
    The personal representative has the power to hold a security in the name of a nominee or in any other form without disclosure of the...
  • California Probate Code Section 10561
    The personal representative has the power to exercise security subscription or conversion rights.
  • California Probate Code Section 10562
    The personal representative has the power to make repairs and improvements to real and personal property of the estate.
  • California Probate Code Section 10563
    The personal representative has the power to accept a deed to property which is subject to a mortgage or deed of trust in lieu of...
  • California Probate Code Section 10564
    The personal representative has the power to give a partial satisfaction of a mortgage or to cause a partial reconveyance to be executed by a...
  • California Probate Code Section 10580
    (a) A personal representative who has been granted authority to administer the estate under this part shall give notice of proposed action as provided in...
  • California Probate Code Section 10581
    Except as provided in Sections 10582 and 10583, notice of proposed action shall be given to all of the following: (a) Each known devisee whose...
  • California Probate Code Section 10582
    Notice of proposed action need not be given to any person who consents in writing to the proposed action. The consent may be executed at...
  • California Probate Code Section 10583
    (a) Notice of proposed action need not be given to any person who, in writing, waives the right to notice of proposed action with respect...
  • California Probate Code Section 10584
    (a) A waiver or consent may be revoked only in writing and is effective only when the writing is received by the personal representative. (b)...
  • California Probate Code Section 10585
    (a) The notice of proposed action shall state all of the following: (1) The name and mailing address of the personal representative. (2) The person...
  • California Probate Code Section 10586
    The notice of proposed action shall be mailed or personally delivered to each person required to be given notice of proposed action not less than...
  • California Probate Code Section 10587
    (a) Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section. (b) The...
  • California Probate Code Section 10588
    (a) Any person who is entitled to notice of proposed action for a proposed action described in subdivision (a) of Section 10580, or any person...
  • California Probate Code Section 10589
    (a) If the proposed action is one that would require court supervision if the personal representative had not been granted authority to administer the estate...
  • California Probate Code Section 10590
    (a) Except as provided in subdivision (c), only a person described in Section 10581 has a right to have the court review the proposed action...
  • California Probate Code Section 10591
    (a) The failure of the personal representative to comply with subdivision (a) of Section 10580 and with Sections 10581, 10585, 10586, and 10589, and the...
  • California Probate Code Section 10592
    (a) In a case where notice of proposed action is required by this chapter, the court in its discretion may remove the personal representative from...
  • California Probate Code Section 10800
    (a) Subject to the provisions of this part, for ordinary services the personal representative shall receive compensation based on the value of the estate accounted...
  • California Probate Code Section 10801
    (a) Subject to the provisions of this part, in addition to the compensation provided by Section 10800, the court may allow additional compensation for extraordinary...
  • California Probate Code Section 10802
    (a) Except as otherwise provided in this section, if the decedent's will makes provision for the compensation of the personal representative, the compensation provided by...
  • California Probate Code Section 10803
    An agreement between the personal representative and an heir or devisee for higher compensation than that provided by this part is void.
  • California Probate Code Section 10804
    Notwithstanding any provision in the decedent's will, a personal representative who is an attorney shall be entitled to receive the personal representative's compensation as provided...
  • California Probate Code Section 10805
    If there are two or more personal representatives, the personal representative's compensation shall be apportioned among the personal representatives by the court according to the...
  • California Probate Code Section 10810
    (a) Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of...
  • California Probate Code Section 10811
    (a) Subject to the provisions of this part, in addition to the compensation provided by Section 10810, the court may allow additional compensation for extraordinary...
  • California Probate Code Section 10812
    (a) Except as otherwise provided in this section, if the decedent's will makes provision for the compensation of the attorney for the personal representative, the...
  • California Probate Code Section 10813
    An agreement between the personal representative and the attorney for higher compensation for the attorney than that provided by this part is void.
  • California Probate Code Section 10814
    If there are two or more attorneys for the personal representative, the attorney's compensation shall be apportioned among the attorneys by the court according to...
  • California Probate Code Section 10830
    (a) At any time after four months from the issuance of letters: (1) The personal representative may file a petition requesting an allowance on the...
  • California Probate Code Section 10831
    (a) At the time of the filing of the final account and petition for an order for final distribution: (1) The personal representative may petition...
  • California Probate Code Section 10832
    Notwithstanding Sections 10830 and 10831, the court may allow compensation to the personal representative or to the attorney for the personal representative for extraordinary services...
  • California Probate Code Section 10850
    (a) This part does not apply in any proceeding for administration of a decedent's estate commenced before July 1, 1991. (b) Notwithstanding its repeal, the...
  • California Probate Code Section 10900
    (a) An account shall include both a financial statement and a report of administration as provided in Chapter 4 (commencing with Section 1060) of Part...
  • California Probate Code Section 10901
    On court order, or on request by an interested person filed with the clerk and a copy served on the personal representative, the personal representative...
  • California Probate Code Section 10902
    When a personal representative receives assets from the conservator of a deceased conservatee or the guardian of a deceased ward, the personal representative may incorporate...
  • California Probate Code Section 10950
    (a) On its own motion or on petition of an interested person, the court may order an account at any time. (b) The court shall...
  • California Probate Code Section 10951
    The personal representative shall file a final account and petition for an order for final distribution of the estate when the estate is in a...
  • California Probate Code Section 10952
    A personal representative who resigns or is removed from office or whose authority is otherwise terminated shall, unless the court extends the time, file an...
  • California Probate Code Section 10953
    (a) As used in this section: (1) "Incapacitated" means lack of capacity to serve as personal representative. (2) "Legal representative" means the personal representative of...
  • California Probate Code Section 10954
    (a) Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is...
  • California Probate Code Section 11000
    (a) The personal representative shall give notice of the hearing as provided in Section 1220 to all of the following persons: (1) Each person listed...
  • California Probate Code Section 11001
    All matters relating to an account may be contested for cause shown, including, but not limited to: (a) The validity of an allowed or approved...
  • California Probate Code Section 11002
    (a) The court may conduct any hearing that may be necessary to settle the account, and may cite the personal representative to appear before the...
  • California Probate Code Section 11003
    (a) If the court determines that the contest was without reasonable cause and in bad faith, the court may award against the contestant the compensation...
  • California Probate Code Section 11004
    The personal representative shall be allowed all necessary expenses in the administration of the estate, including, but not limited to, necessary expenses in the care,...
  • California Probate Code Section 11005
    If a debt has been paid within the time prescribed in Section 9154 but without a claim having been filed and established in the manner...
  • California Probate Code Section 11050
    Subject to the provisions of this chapter, if the personal representative does not file a required account, the court shall compel the account by punishment...
  • California Probate Code Section 11051
    (a) A citation shall be issued, served, and returned, requiring a personal representative who does not file a required account to appear and show cause...
  • California Probate Code Section 11052
    If the personal representative does not appear and file a required account, after having been duly cited, the personal representative may be punished for contempt...
  • California Probate Code Section 11400
    Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
  • California Probate Code Section 11401
    "Debt" means: (a) A claim that is established under Part 4 (commencing with Section 9000) or that is otherwise payable in the course of administration....
  • California Probate Code Section 11402
    "Wage claim" means a claim for wages, not exceeding two thousand dollars ($2,000), of each employee of the decedent for work done or personal services...
  • California Probate Code Section 11405
    (a) This part does not apply in any proceeding for the administration of a decedent's estate commenced before July 1, 1988. (b) The applicable law...
  • California Probate Code Section 11420
    (a) Debts shall be paid in the following order of priority among classes of debts, except that debts owed to the United States or to...
  • California Probate Code Section 11421
    Subject to Section 11420, as soon as the personal representative has sufficient funds, after retaining sufficient funds to pay expenses of administration, the personal representative...
  • California Probate Code Section 11422
    (a) Except as provided in Section 11421, the personal representative is not required to pay a debt until payment has been ordered by the court....
  • California Probate Code Section 11423
    (a) Interest accrues on a debt from the date the court orders payment of the debt until the date the debt is paid. Interest accrues...
  • California Probate Code Section 11424
    The personal representative shall pay a debt to the extent of the order for payment of the debt, and is liable personally and on the...
  • California Probate Code Section 11428
    (a) If an estate is in all other respects ready to be closed, and it appears to the satisfaction of the court, on affidavit or...
  • California Probate Code Section 11429
    (a) Where the accounts of the personal representative have been settled and an order made for the payment of debts and distribution of the estate,...
  • California Probate Code Section 11440
    If it appears that a debt of the decedent has been paid or is payable in whole or in part by the surviving spouse, or...
  • California Probate Code Section 11441
    The petition shall include a statement of all of the following: (a) All debts of the decedent and surviving spouse known to the petitioner that...
  • California Probate Code Section 11442
    If it appears from the petition that allocation would be affected by the value of the separate property of the surviving spouse and any community...
  • California Probate Code Section 11443
    The petitioner shall give notice of the hearing as provided in Section 1220, together with a copy of the petition and the order to show...
  • California Probate Code Section 11444
    (a) The personal representative and the surviving spouse may provide for allocation by agreement and, on a determination by the court that the agreement substantially...
  • California Probate Code Section 11445
    On making a determination as provided in this chapter, the court shall make an order that: (a) Directs the personal representative to make payment of...
  • California Probate Code Section 11446
    Notwithstanding any other statute, funeral expenses and expenses of last illness shall be charged against the estate of the decedent and shall not be allocated...
  • California Probate Code Section 11460
    As used in this chapter: (a) A debt is "contingent" if it is established under Part 4 (commencing with Section 9000) in either a fixed...
  • California Probate Code Section 11461
    When all other debts have been paid and the estate is otherwise in a condition to be closed, on petition by an interested person, the...
  • California Probate Code Section 11462
    Notwithstanding any other provision of this chapter, if the court determines that all interested persons agree to the manner of providing for a debt that...
  • California Probate Code Section 11463
    The court may order an amount deposited in a financial institution, as provided in Chapter 3 (commencing with Section 9700) of Part 5, that would...
  • California Probate Code Section 11464
    (a) The court may order property in the estate distributed to a person entitled to it under the final order for distribution, if the person...
  • California Probate Code Section 11465
    (a) The court may order that a trustee be appointed to receive payment for a debt that is contingent, disputed, or not due. The court...
  • California Probate Code Section 11466
    The court may order property in the estate distributed to a person entitled to it under the final order for distribution, if the person gives...
  • California Probate Code Section 11467
    The court may order that the administration of the estate continue until the contingency, dispute, or passage of time of a debt that is contingent,...
  • California Probate Code Section 11600
    The personal representative or an interested person may petition the court under this chapter for an order for preliminary or final distribution of the decedent's...
  • California Probate Code Section 11601
    Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) Each person listed...
  • California Probate Code Section 11602
    The personal representative or any interested person may oppose the petition.
  • California Probate Code Section 11603
    (a) If the court determines that the requirements for distribution are satisfied, the court shall order distribution of the decedent's estate, or such portion as...
  • California Probate Code Section 11604
    (a) This section applies where distribution is to be made to any of the following persons: (1) The transferee of a beneficiary. (2) Any person...
  • California Probate Code Section 11604.5
    (a) This section applies when distribution from a decedent' s estate is made to a transferee for value who acquires any interest of a beneficiary...
  • California Probate Code Section 11605
    When a court order made under this chapter becomes final, the order binds and is conclusive as to the rights of all interested persons.
  • California Probate Code Section 11620
    A petition for an order for preliminary distribution of all, or a portion of, the share of a decedent's estate to which a beneficiary is...
  • California Probate Code Section 11621
    (a) The court shall order distribution under this article if at the hearing it appears that the distribution may be made without loss to creditors...
  • California Probate Code Section 11622
    (a) If the court orders distribution before four months have elapsed after letters are first issued to a general personal representative, the court shall require...
  • California Probate Code Section 11623
    (a) Notwithstanding Section 11601, if authority is granted to administer the estate without court supervision under the Independent Administration of Estates Act, Part 6 (commencing...
  • California Probate Code Section 11624
    The costs of a proceeding under this article shall be paid by the distributee or the estate in proportions determined by the court.
  • California Probate Code Section 11640
    (a) When all debts have been paid or adequately provided for, or if the estate is insolvent, and the estate is in a condition to...
  • California Probate Code Section 11641
    When an order settling a final account and for final distribution is entered, the personal representative may immediately distribute the property in the estate to...
  • California Probate Code Section 11642
    Any property acquired or discovered after the court order for final distribution is made shall be distributed in the following manner: (a) If the order...
  • California Probate Code Section 11700
    At any time after letters are first issued to a general personal representative and before an order for final distribution is made, the personal representative,...
  • California Probate Code Section 11701
    Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) Each person listed...
  • California Probate Code Section 11702
    (a) Any interested person may appear and, at or before the time of the hearing, file a written statement of the person's interest in the...
  • California Probate Code Section 11703
    The Attorney General shall be deemed to be a person entitled to distribution of the estate for purposes of this chapter if the estate involves...
  • California Probate Code Section 11704
    (a) The court shall consider as evidence in the proceeding any statement made in a petition filed under Section 11700 and any statement of interest...
  • California Probate Code Section 11705
    (a) The court shall make an order that determines the persons entitled to distribution of the decedent's estate and specifies their shares. (b) When the...
  • California Probate Code Section 11750
    (a) The personal representative is responsible for distribution of the property in the estate in compliance with the terms of the court order for distribution....
  • California Probate Code Section 11751
    The personal representative shall obtain the receipt of the distributee for property in the estate distributed by the personal representative. In the case of real...
  • California Probate Code Section 11752
    If personal property in the possession of a distributee is subject to possession by the distributee for life only, the personal representative shall demand an...
  • California Probate Code Section 11753
    (a) Distribution in compliance with the court order entitles the personal representative to a full discharge with respect to property included in the order. (b)...
  • California Probate Code Section 11754
    Expenses of administration of the estate shall include reasonable storage, delivery, and shipping costs for distribution of tangible personal property to a distributee.
  • California Probate Code Section 11801
    (a) Except as provided in subdivision (b), the share in a decedent's estate of a beneficiary who survives the decedent but who dies before distribution...
  • California Probate Code Section 11802
    If a beneficiary satisfies the requirement of Section 11801, the beneficiary's share in the decedent's estate shall be distributed as follows: (a) Except as otherwise...
  • California Probate Code Section 11850
    Subject to Section 11851, the personal representative may deposit property to be distributed with the county treasurer of the county in which the proceedings are...
  • California Probate Code Section 11851
    (a) If property authorized by Section 11850 to be deposited with the county treasurer consists of money, the personal representative may deposit the money. (b)...
  • California Probate Code Section 11852
    The county treasurer shall give a receipt for a deposit made under this chapter and is liable on the official bond of the county treasurer...
  • California Probate Code Section 11853
    If money is deposited or is already on deposit with the county treasurer, the personal representative shall deliver to the county treasurer a certified copy...
  • California Probate Code Section 11854
    (a) A person may claim money on deposit in the county treasury by filing a petition with the court that made the order for distribution....
  • California Probate Code Section 11900
    (a) The court shall order property that is not ordered distributed to known beneficiaries to be distributed to the state. (b) Insofar as practicable, any...
  • California Probate Code Section 11901
    If the court orders distribution of property in the decedent' s estate to the state, and the order includes words that otherwise create a trust...
  • California Probate Code Section 11902
    (a) If the court orders distribution to the state, the personal representative shall promptly: (1) Deliver any money to the State Treasurer. (2) Deliver any...
  • California Probate Code Section 11903
    (a) Property distributed to the state shall be held by the Treasurer for a period of five years from the date of the order for...
  • California Probate Code Section 11904
    No deposit of property in an estate shall be made in the county treasury by a personal representative if any other property in the estate...
  • California Probate Code Section 11950
    (a) If two or more beneficiaries are entitled to the distribution of undivided interests in property and have not agreed among themselves to a partition,...
  • California Probate Code Section 11951
    (a) A petition under this chapter may be filed at any time before an order for distribution of the affected property becomes final. (b) The...
  • California Probate Code Section 11952
    (a) Notice of the hearing on the petition shall be given as provided in Section 1220 to the personal representative and to the persons entitled...
  • California Probate Code Section 11953
    (a) The court shall partition, allot, or otherwise divide the property so that each party receives property with a value proportionate to the value of...
  • California Probate Code Section 11954
    (a) The court, in its discretion, may appoint one or three referees to partition property capable of being partitioned, if requested to do so by...
  • California Probate Code Section 11955
    The expenses of partition shall be equitably apportioned by the court among the parties, but each party must pay the party's own attorney's fees. The...
  • California Probate Code Section 11956
    (a) The partition, allotment, or other division made by the court shall control in proceedings for distribution, unless modified for good cause on reasonable notice....
  • California Probate Code Section 12000
    The provisions of this chapter apply where the intention of the testator is not otherwise indicated by the will.
  • California Probate Code Section 12001
    If interest is payable under this chapter, the rate of interest is three percentage points less than the legal rate on judgments in effect one...
  • California Probate Code Section 12002
    (a) Except as provided in this section, a specific devise does not bear interest. (b) A specific devise carries with it income on the devised...
  • California Probate Code Section 12003
    If a general pecuniary devise, including a general pecuniary devise in trust, is not distributed within one year after the testator's death, the devise bears...
  • California Probate Code Section 12004
    (a) An annuity commences at the testator's death and shall be paid at the end of the annual, monthly, or other specified period. (b) If...
  • California Probate Code Section 12005
    A devisee of a devise for maintenance is entitled to interest on the amount of any unpaid accumulations of the payments held by the personal...
  • California Probate Code Section 12006
    Net income received during administration not paid under other provisions of this chapter and not otherwise devised shall be distributed pro rata as income among...
  • California Probate Code Section 12007
    This chapter does not apply in cases where the decedent died before July 1, 1989. In cases where the decedent died before July 1, 1989,...
  • California Probate Code Section 12200
    The personal representative shall either petition for an order for final distribution of the estate or make a report of status of administration not later...
  • California Probate Code Section 12201
    If a report of status of administration is made under Section 12200: (a) The report shall show the condition of the estate, the reasons why...
  • California Probate Code Section 12202
    (a) The court may, on petition of any interested person or on its own motion, for good cause shown on the record, cite the personal...
  • California Probate Code Section 12203
    (a) For purposes of this chapter, continuation of the administration of the estate in order to pay a family allowance is not in the best...
  • California Probate Code Section 12204
    Failure of the personal representative to comply with an order made under this chapter is grounds for removal from office.
  • California Probate Code Section 12205
    (a) The court may reduce the compensation of the personal representative or the attorney for the personal representative by an amount the court determines to...
  • California Probate Code Section 12206
    A limitation in a will of the time for administration of an estate is directory only and does not limit the power of the personal...
  • California Probate Code Section 12250
    (a) When the personal representative has complied with the terms of the order for final distribution and has filed the appropriate receipts or the court...
  • California Probate Code Section 12251
    (a) At any time after appointment of a personal representative and whether or not letters have been issued, if it appears there is no property...
  • California Probate Code Section 12252
    If subsequent administration of an estate is necessary after the personal representative has been discharged because other property is discovered or because it becomes necessary...
  • California Probate Code Section 12400
    Unless the provision or context otherwise requires, as used in this part, "missing person" means a person who is presumed to be dead under Section
  • California Probate Code Section 12401
    In proceedings under this part, a person who has not been seen or heard from for a continuous period of five years by those who...
  • California Probate Code Section 12402
    Subject to the provisions of this part, the estate of a missing person may be administered in the manner provided generally for the administration of...
  • California Probate Code Section 12403
    (a) If the missing person was a resident of this state when last seen or heard from, the superior court of the county of the...
  • California Probate Code Section 12404
    (a) A petition may be filed in the court having jurisdiction under Section 12403 for the administration of the estate of a missing person. (b)...
  • California Probate Code Section 12405
    Notice of hearing shall be served and published, and proof made, in the same manner as in proceedings for administration of the estate of a...
  • California Probate Code Section 12406
    (a) At the hearing, the court shall determine whether the alleged missing person is a person who is presumed to be dead under Section 12401....
  • California Probate Code Section 12407
    (a) If the court finds that the alleged missing person is a person presumed to be dead under Section 12401, the court shall do both...
  • California Probate Code Section 12408
    (a) If the missing person reappears: (1) The missing person may recover property of the missing person' s estate in the possession of the personal...
  • California Probate Code Section 12500
    Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
  • California Probate Code Section 12501
    "Ancillary administration" means proceedings in this state for administration of the estate of a nondomiciliary decedent.
  • California Probate Code Section 12502
    "Foreign nation" means a jurisdiction other than a state of the United States.
  • California Probate Code Section 12503
    "Foreign nation personal representative" means a personal representative appointed in a jurisdiction other than a state of the United States.
  • California Probate Code Section 12504
    "Local personal representative" means a nondomiciliary decedent's personal representative appointed in this state.
  • California Probate Code Section 12505
    "Nondomiciliary decedent" means a person who dies domiciled in a sister state or foreign nation.
  • California Probate Code Section 12506
    "Sister state" means a state other than this state.
  • California Probate Code Section 12507
    "Sister state personal representative" means a personal representative appointed in a sister state.
  • California Probate Code Section 12510
    Any interested person, or a sister state or foreign nation personal representative, may commence an ancillary administration proceeding by a petition to the court for...
  • California Probate Code Section 12511
    The proper county for an ancillary administration proceeding under this chapter is the county determined pursuant to Section 7052.
  • California Probate Code Section 12512
    Notice of an ancillary administration proceeding shall be given and, except as provided in Article 2 (commencing with Section 12520), the same proceedings had as...
  • California Probate Code Section 12513
    If the decedent dies while domiciled in a sister state, a personal representative appointed by a court of the decedent's domicile has priority over all...
  • California Probate Code Section 12520
    (a) If a nondomiciliary decedent's will has been admitted to probate in a sister state or foreign nation and satisfies the requirements of this article,...
  • California Probate Code Section 12521
    (a) A petition for probate of a nondomiciliary decedent's will under this article shall include both of the following: (1) The will or an authenticated...
  • California Probate Code Section 12522
    If a will of a nondomiciliary decedent was admitted to probate, or established or proved, in accordance with the laws of a sister state, the...
  • California Probate Code Section 12523
    (a) Except as provided in subdivision (b), if a will of a nondomiciliary decedent was admitted to probate, or established or proved, in accordance with...
  • California Probate Code Section 12524
    A nondomiciliary decedent's will admitted to probate under this article has the same force and effect as the will of a person who dies while...
  • California Probate Code Section 12530
    Except to the extent otherwise provided in this chapter, ancillary administration of a decedent's estate is subject to all other provisions of this code concerning...
  • California Probate Code Section 12540
    (a) If a person dies while domiciled in a sister state, the court in an ancillary administration proceeding may make an order for preliminary or...
  • California Probate Code Section 12541
    If necessary to make distribution pursuant to this article, real property in the nondomiciliary decedent's estate may be sold and the court may order the...
  • California Probate Code Section 12542
    If the nondomiciliary decedent's estate in the sister state where the decedent was domiciled is insolvent, distribution may be made only to the sister state...
  • California Probate Code Section 12570
    If a nondomiciliary decedent's property in this state satisfies the requirements of Section 13100, a sister state personal representative may, without petitioning for ancillary administration,...
  • California Probate Code Section 12571
    The effect of payment, delivery, or transfer of personal property to the sister state personal representative pursuant to this chapter, and the effect of failure...
  • California Probate Code Section 12572
    The sister state personal representative may bring an action against a holder of the decedent's property, and may be awarded attorney's fees, as provided in...
  • California Probate Code Section 12573
    A sister state personal representative who takes property by affidavit under this chapter is not liable as a person to whom payment, delivery, or transfer...
  • California Probate Code Section 12590
    A sister state personal representative or foreign nation personal representative submits personally in a representative capacity to the jurisdiction of the courts of this state...
  • California Probate Code Section 12591
    A sister state personal representative or foreign nation personal representative is subject to the jurisdiction of the courts of this state in a representative capacity...
  • California Probate Code Section 13000
    Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
  • California Probate Code Section 13002
    "Holder of the decedent's property" or "holder" means, with respect to any particular item of property of the decedent, the person owing money to the...
  • California Probate Code Section 13004
    (a) "Particular item of property" means: (1) Particular personal property of the decedent which is sought to be collected, received, or transferred by the successor...
  • California Probate Code Section 13005
    "Property of the decedent," "decedent's property," "money due the decedent," and similar phrases, include property that becomes part of the decedent's estate on the decedent's...
  • California Probate Code Section 13006
    "Successor of the decedent" means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a...
  • California Probate Code Section 13007
    "Proceeding" means either that a petition is currently pending in this state for administration of a decedent's estate under Division 7 (commencing with Section 7000),...
  • California Probate Code Section 13050
    (a) For the purposes of this part: (1) Any property or interest or lien thereon which, at the time of the decedent's death, was held...
  • California Probate Code Section 13051
    For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent's property may...
  • California Probate Code Section 13052
    In making an appraisal for the purposes of this part, the probate referee shall use the date of the decedent's death as the date of...
  • California Probate Code Section 13053
    (a) Except as provided in subdivision (b), this part applies whether the decedent died before, on, or after July 1, 1987. (b) This part does...
  • California Probate Code Section 13054
    A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 630...
  • California Probate Code Section 13100
    Excluding the property described in Section 13050, if the gross value of the decedent's real and personal property in this state does not exceed one...
  • California Probate Code Section 13101
    (a) To collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred under this...
  • California Probate Code Section 13102
    (a) If the decedent had evidence of ownership of the property described in the affidavit or declaration and the holder of the property would have...
  • California Probate Code Section 13103
    If the estate of the decedent includes any real property in this state, the affidavit or declaration shall be accompanied by an inventory and appraisal...
  • California Probate Code Section 13104
    (a) Reasonable proof of the identity of each person executing the affidavit or declaration shall be provided to the holder of the decedent's property. (b)...
  • California Probate Code Section 13105
    (a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied: (1) The person or persons executing the affidavit or declaration as successor of...
  • California Probate Code Section 13106
    (a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied, receipt by the holder of the decedent's property of the affidavit or declaration...
  • California Probate Code Section 13106.5
    (a) If the particular item of property transferred under this chapter is a debt or other obligation secured by a lien on real property and...
  • California Probate Code Section 13107
    Where the money or property claimed in an affidavit or declaration presented under this chapter is that of a deceased heir or devisee of a...
  • California Probate Code Section 13107.5
    Where the money or property claimed in an affidavit or declaration executed under this chapter is the subject of a pending action or proceeding in...
  • California Probate Code Section 13108
    (a) The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (1) No proceeding for the administration...
  • California Probate Code Section 13109
    A person to whom payment, delivery, or transfer of the decedent's property is made under this chapter is personally liable, to the extent provided in...
  • California Probate Code Section 13110
    (a) Except as provided in subdivision (b), each person to whom payment, delivery, or transfer of the decedent's property is made under this chapter is...
  • California Probate Code Section 13111
    (a) Subject to the provisions of this section, if proceedings for the administration of the decedent's estate are commenced in this state, or if the...
  • California Probate Code Section 13112
    (a) A person to whom payment, delivery, or transfer of the decedent's property has been made under this chapter is not liable under Section 13109...
  • California Probate Code Section 13113
    The remedies available under Sections 13109 to 13112, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing.
  • California Probate Code Section 13114
    (a) A public administrator who has taken possession or control of property of a decedent under Article 1 (commencing with Section 7600) of Chapter 4...
  • California Probate Code Section 13115
    The procedure provided in this chapter may not be used to obtain possession or the transfer of real property.
  • California Probate Code Section 13116
    The procedure provided in this chapter is in addition to and supplemental to any other procedure for (1) collecting money due to a decedent, (2)...
  • California Probate Code Section 13150
    The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (a) No proceeding is being or has...
  • California Probate Code Section 13151
    Exclusive of the property described in Section 13050, if a decedent dies leaving real property in this state and the gross value of the decedent's...
  • California Probate Code Section 13152
    (a) The petition shall be verified by each petitioner, shall contain a request that the court make an order under this chapter determining that the...
  • California Probate Code Section 13153
    Notice of the hearing shall be given as provided in Section 1220 to each of the persons named in the petition pursuant to Section 13152.
  • California Probate Code Section 13154
    (a) If the court makes the determinations required under subdivision (b), the court shall issue an order determining (1) that real property, to be described...
  • California Probate Code Section 13155
    Upon becoming final, an order under this chapter determining that property is property passing to the petitioner is conclusive on all persons, whether or not...
  • California Probate Code Section 13156
    (a) Subject to subdivisions (b), (c), and (d), the petitioner who receives the decedent's property pursuant to an order under this chapter is personally liable...
  • California Probate Code Section 13157
    The attorney's fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter shall be determined...
  • California Probate Code Section 13158
    Nothing in this chapter excuses compliance with Chapter 3 (commencing with Section 13100) by the holder of the decedent's personal property if an affidavit or...
  • California Probate Code Section 13200
    (a) No sooner than six months from the death of a decedent, a person or persons claiming as successor of the decedent to a particular...
  • California Probate Code Section 13201
    Notwithstanding any other provision of law, the total fee for the filing of an affidavit under Section 13200 and the issuance of one certified copy...
  • California Probate Code Section 13202
    Upon receipt of the affidavit and the required fee, the court clerk, upon determining that the affidavit is complete and has the required attachments, shall...
  • California Probate Code Section 13203
    (a) A person acting in good faith and for a valuable consideration with a person designated as a successor of the decedent to a particular...
  • California Probate Code Section 13204
    Each person who is designated as a successor of the decedent in a certified copy of an affidavit issued under Section 13202 is personally liable...
  • California Probate Code Section 13205
    (a) Except as provided in subdivision (b), each person who is designated as a successor of the decedent in a certified copy of any affidavit...
  • California Probate Code Section 13206
    (a) Subject to subdivisions (b), (c), (d), and (e), if proceedings for the administration of the decedent's estate are commenced, or if the decedent's personal...
  • California Probate Code Section 13207
    (a) A person designated as a successor of the decedent in a certified copy of an affidavit issued under Section 13202 is not liable under...
  • California Probate Code Section 13208
    The remedies available under Sections 13204 to 13207, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing.
  • California Probate Code Section 13210
    The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (a) No proceeding for the administration of...
  • California Probate Code Section 13500
    Except as provided in this chapter, when a husband or wife dies intestate leaving property that passes to the surviving spouse under Section 6401, or...
  • California Probate Code Section 13501
    Except as provided in Chapter 6 (commencing with Section 6600) of Division 6 and in Part 1 (commencing with Section 13000) of this division, the...
  • California Probate Code Section 13502
    (a) Upon the election of the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse,...
  • California Probate Code Section 13502.5
    (a) Upon a petition by the personal representative of a decedent and a showing of good cause, the court may order that a pecuniary devise...
  • California Probate Code Section 13503
    (a) The surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file an election...
  • California Probate Code Section 13504
    Notwithstanding the provisions of this part, community property held in a revocable trust described in Section 761 of the Family Code is governed by the...
  • California Probate Code Section 13505
    This part applies whether the deceased spouse died before, on, or after July 1, 1987.
  • California Probate Code Section 13506
    A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 202...
  • California Probate Code Section 13540
    (a) Except as provided in Section 13541, after 40 days from the death of a spouse, the surviving spouse or the personal representative, guardian of...
  • California Probate Code Section 13541
    (a) Section 13540 does not apply to a sale, conveyance, lease, mortgage, or other disposition that takes place after a notice that satisfies the requirements...
  • California Probate Code Section 13542
    The repeal of former Section 649.2 by Chapter 783 of the Statutes of 1986 does not affect any sale, lease, mortgage, or other transaction or...
  • California Probate Code Section 13545
    (a) After the death of a spouse, the surviving spouse, or the personal representative, guardian of the estate, or conservator of the estate of the...
  • California Probate Code Section 13550
    Except as provided in Sections 11446, 13552, 13553, and 13554, upon the death of a married person, the surviving spouse is personally liable for the...
  • California Probate Code Section 13551
    The liability imposed by Section 13550 shall not exceed the fair market value at the date of the decedent's death, less the amount of any...
  • California Probate Code Section 13552
    If proceedings are commenced in this state for the administration of the estate of the deceased spouse and the time for filing claims has commenced,...
  • California Probate Code Section 13553
    The surviving spouse is not liable under this chapter if all the property described in paragraphs (1) and (2) of subdivision (a) of Section 13502...
  • California Probate Code Section 13554
    (a) Except as otherwise provided in this chapter, any debt described in Section 13550 may be enforced against the surviving spouse in the same manner...
  • California Probate Code Section 13560
    For the purposes of this chapter, "decedent's property" means the one-half of the community property that belongs to the decedent under Section 100 and the...
  • California Probate Code Section 13561
    (a) If the decedent's property is in the possession or control of the surviving spouse at the time of the decedent's death, the surviving spouse...
  • California Probate Code Section 13562
    (a) Subject to subdivisions (b), (c), and (d), if proceedings for the administration of the decedent's estate are commenced, the surviving spouse is liable for:...
  • California Probate Code Section 13563
    (a) The surviving spouse is not liable under Section 13561 if proceedings for the administration of the decedent's estate are commenced and the surviving spouse...
  • California Probate Code Section 13564
    The remedies available under Sections 13561 to 13563, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing.
  • California Probate Code Section 13600
    (a) At any time after a husband or wife dies, the surviving spouse or the guardian or conservator of the estate of the surviving spouse...
  • California Probate Code Section 13601
    (a) To collect salary or other compensation under this chapter, an affidavit or a declaration under penalty of perjury under the laws of this state...
  • California Probate Code Section 13602
    If the requirements of Section 13600 are satisfied, the employer to whom the affidavit or declaration is presented shall promptly pay the earnings of the...
  • California Probate Code Section 13603
    If the requirements of Section 13601 are satisfied, receipt by the employer of the affidavit or declaration constitutes sufficient acquittance for the compensation paid pursuant...
  • California Probate Code Section 13604
    (a) If the employer refuses to pay as required by this chapter, the surviving spouse may recover the amount the surviving spouse is entitled to...
  • California Probate Code Section 13605
    (a) Nothing in this chapter limits the rights of the heirs or devisees of the deceased spouse. Payment of a decedent's compensation pursuant to this...
  • California Probate Code Section 13606
    The procedure provided in this chapter is in addition to, and not in lieu of, any other method of collecting compensation owed to a decedent.
  • California Probate Code Section 13650
    (a) A surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file a petition...
  • California Probate Code Section 13651
    (a) A petition filed pursuant to Section 13650 shall allege that administration of all or a part of the estate of the deceased spouse is...
  • California Probate Code Section 13652
    If proceedings for the administration of the estate of the deceased spouse are pending, a petition under this chapter shall be filed in those proceedings...
  • California Probate Code Section 13653
    If proceedings for the administration of the estate of the deceased spouse are not pending, a petition under this chapter may, but need not, be...
  • California Probate Code Section 13654
    The filing of a petition under this chapter does not preclude the court from admitting the will of the deceased spouse to probate or appointing...
  • California Probate Code Section 13655
    (a) If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter,...
  • California Probate Code Section 13656
    (a) If the court finds that all of the estate of the deceased spouse is property passing to the surviving spouse, the court shall issue...
  • California Probate Code Section 13657
    Upon becoming final, an order under Section 13656 (1) determining that property is property passing to the surviving spouse or (2) confirming the ownership of...
  • California Probate Code Section 13658
    If the court determines that all or a part of the property passing to the surviving spouse consists of an unincorporated business or an interest...
  • California Probate Code Section 13659
    Except as provided in Section 13658, no inventory and appraisal of the estate of the deceased spouse is required in a proceeding under this chapter....
  • California Probate Code Section 13660
    The attorney's fees for services performed in connection with the filing of a petition and obtaining of a court order under this chapter shall be...
  • California Probate Code Section 15000
    This division shall be known and may be cited as the Trust Law.
  • California Probate Code Section 15001
    Except as otherwise provided by statute: (a) This division applies to all trusts regardless of whether they were created before, on, or after July 1,...
  • California Probate Code Section 15002
    Except to the extent that the common law rules governing trusts are modified by statute, the common law as to trusts is the law of...
  • California Probate Code Section 15003
    (a) Nothing in this division affects the substantive law relating to constructive or resulting trusts. (b) The repeal of Title 8 (commencing with Section 2215)...
  • California Probate Code Section 15004
    Unless otherwise provided by statute, this division applies to charitable trusts that are subject to the jurisdiction of the Attorney General to the extent that...
  • California Probate Code Section 15200
    Subject to other provisions of this chapter, a trust may be created by any of the following methods: (a) A declaration by the owner of...
  • California Probate Code Section 15201
    A trust is created only if the settlor properly manifests an intention to create a trust.
  • California Probate Code Section 15202
    A trust is created only if there is trust property.
  • California Probate Code Section 15203
    A trust may be created for any purpose that is not illegal or against public policy.
  • California Probate Code Section 15204
    A trust created for an indefinite or general purpose is not invalid for that reason if it can be determined with reasonable certainty that a...
  • California Probate Code Section 15205
    (a) A trust, other than a charitable trust, is created only if there is a beneficiary. (b) The requirement of subdivision (a) is satisfied if...
  • California Probate Code Section 15206
    A trust in relation to real property is not valid unless evidenced by one of the following methods: (a) By a written instrument signed by...
  • California Probate Code Section 15207
    (a) The existence and terms of an oral trust of personal property may be established only by clear and convincing evidence. (b) The oral declaration...
  • California Probate Code Section 15208
    Consideration is not required to create a trust, but a promise to create a trust in the future is enforceable only if the requirements for...
  • California Probate Code Section 15209
    If a trust provides for one or more successor beneficiaries after the death of the settlor, the trust is not invalid, merged, or terminated in...
  • California Probate Code Section 15210
    A trust created pursuant to this chapter which relates to real property may be recorded in the office of the county recorder in the county...
  • California Probate Code Section 15211
    A trust for a noncharitable corporation or unincorporated society or for a lawful noncharitable purpose may be performed by the trustee for only 21 years,...
  • California Probate Code Section 15212
    (a) Subject to the requirements of this section, a trust for the care of an animal is a trust for a lawful noncharitable purpose. Unless...
  • California Probate Code Section 15300
    Except as provided in Sections 15304 to 15307, inclusive, if the trust instrument provides that a beneficiary's interest in income is not subject to voluntary...
  • California Probate Code Section 15301
    (a) Except as provided in subdivision (b) and in Sections 15304 to 15307, inclusive, if the trust instrument provides that a beneficiary's interest in principal...
  • California Probate Code Section 15302
    Except as provided in Sections 15304 to 15307, inclusive, if the trust instrument provides that the trustee shall pay income or principal or both for...
  • California Probate Code Section 15303
    (a) If the trust instrument provides that the trustee shall pay to or for the benefit of a beneficiary so much of the income or...
  • California Probate Code Section 15304
    (a) If the settlor is a beneficiary of a trust created by the settlor and the settlor's interest is subject to a provision restraining the...
  • California Probate Code Section 15305
    (a) As used in this section, "support judgment" means a money judgment for support of the trust beneficiary's spouse or former spouse or minor child....
  • California Probate Code Section 15305.5
    (a) As used in this section, "restitution judgment" means a judgment awarding restitution for the commission of a felony or a money judgment for damages...
  • California Probate Code Section 15306
    (a) Notwithstanding any provision in the trust instrument, if a statute of this state makes the beneficiary liable for reimbursement of this state or a...
  • California Probate Code Section 15306.5
    (a) Notwithstanding a restraint on transfer of the beneficiary's interest in the trust under Section 15300 or 15301, and subject to the limitations of this...
  • California Probate Code Section 15307
    Notwithstanding a restraint on transfer of a beneficiary's interest in the trust under Section 15300 or 15301, any amount to which the beneficiary is entitled...
  • California Probate Code Section 15308
    Any order entered by a court under Section 15305, 15306, 15306.5, or 15307 is subject to modification upon petition of an interested person filed in...
  • California Probate Code Section 15309
    A disclaimer or renunciation by a beneficiary of all or part of his or her interest under a trust shall not be considered a transfer...
  • California Probate Code Section 15400
    Unless a trust is expressly made irrevocable by the trust instrument, the trust is revocable by the settlor. This section applies only where the settlor...
  • California Probate Code Section 15401
    (a) A trust that is revocable by the settlor or any other person may be revoked in whole or in part by any of the...
  • California Probate Code Section 15402
    Unless the trust instrument provides otherwise, if a trust is revocable by the settlor, the settlor may modify the trust by the procedure for revocation.
  • California Probate Code Section 15403
    (a) Except as provided in subdivision (b), if all beneficiaries of an irrevocable trust consent, they may compel modification or termination of the trust upon...
  • California Probate Code Section 15404
    (a) If the settlor and all beneficiaries of a trust consent, they may compel the modification or termination of the trust. (b) If any beneficiary...
  • California Probate Code Section 15405
    For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained...
  • California Probate Code Section 15406
    In determining the class of beneficiaries whose consent is necessary to modify or terminate a trust pursuant to Section 15403 or 15404, the presumption of...
  • California Probate Code Section 15407
    (a) A trust terminates when any of the following occurs: (1) The term of the trust expires. (2) The trust purpose is fulfilled. (3) The...
  • California Probate Code Section 15408
    (a) On petition by a trustee or beneficiary, if the court determines that the fair market value of the principal of a trust has become...
  • California Probate Code Section 15409
    (a) On petition by a trustee or beneficiary, the court may modify the administrative or dispositive provisions of the trust or terminate the trust if,...
  • California Probate Code Section 15410
    At the termination of a trust, the trust property shall be disposed of as follows: (a) In the case of a trust that is revoked...
  • California Probate Code Section 15411
    If the terms of two or more trusts are substantially similar, on petition by a trustee or beneficiary, the court, for good cause shown, may...
  • California Probate Code Section 15412
    On petition by a trustee or beneficiary, the court, for good cause shown, may divide a trust into two or more separate trusts, if the...
  • California Probate Code Section 15413
    A trust provision, express or implied, that the trust may not be terminated is ineffective insofar as it purports to be applicable after the expiration...
  • California Probate Code Section 15414
    Notwithstanding any other provision in this chapter, if a trust continues in existence after the expiration of the longer of the periods provided by the...
  • California Probate Code Section 15600
    (a) The person named as trustee may accept the trust, or a modification of the trust, by one of the following methods: (1) Signing the...
  • California Probate Code Section 15601
    (a) A person named as trustee may in writing reject the trust or a modification of the trust. (b) If the person named as trustee...
  • California Probate Code Section 15602
    (a) A trustee is not required to give a bond to secure performance of the trustee's duties, unless any of the following circumstances occurs: (1)...
  • California Probate Code Section 15603
    On application by the trustee, the court clerk shall issue a certificate that the trustee is a duly appointed and acting trustee under the trust...
  • California Probate Code Section 15604
    (a) Notwithstanding any other provision of law, a nonprofit charitable corporation may be appointed as trustee of a trust created pursuant to this division, if...
  • California Probate Code Section 15620
    Unless otherwise provided in the trust instrument, a power vested in two or more trustees may only be exercised by their unanimous action.
  • California Probate Code Section 15621
    Unless otherwise provided in the trust instrument, if a vacancy occurs in the office of a cotrustee, the remaining cotrustee or cotrustees may act for...
  • California Probate Code Section 15622
    Unless otherwise provided in the trust instrument, if a cotrustee is unavailable to perform the duties of the cotrustee because of absence, illness, or other...
  • California Probate Code Section 15640
    A trustee who has accepted the trust may resign only by one of the following methods: (a) As provided in the trust instrument. (b) In...
  • California Probate Code Section 15641
    The liability for acts or omissions of a resigning trustee or of the sureties on the trustee's bond, if any, is not released or affected...
  • California Probate Code Section 15642
    (a) A trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on petition of a settlor,...
  • California Probate Code Section 15643
    There is a vacancy in the office of trustee in any of the following circumstances: (a) The person named as trustee rejects the trust. (b)...
  • California Probate Code Section 15644
    When a vacancy has occurred in the office of trustee, the former trustee who holds property of the trust shall deliver the trust property to...
  • California Probate Code Section 15645
    If the trustee of a trust that is not revocable has refused to transfer administration of the trust to a successor trust company on request...
  • California Probate Code Section 15660
    (a) If the trust has no trustee or if the trust instrument requires a vacancy in the office of a cotrustee to be filled, the...
  • California Probate Code Section 15660.5
    (a) The court may appoint as trustee of a trust the public guardian or public administrator of the county in which the matter is pending...
  • California Probate Code Section 15680
    (a) Subject to subdivision (b), and except as provided in Section 15688, if the trust instrument provides for the trustee's compensation, the trustee is entitled...
  • California Probate Code Section 15681
    If the trust instrument does not specify the trustee's compensation, the trustee is entitled to reasonable compensation under the circumstances.
  • California Probate Code Section 15682
    The court may fix an amount of periodic compensation under Sections 15680 and 15681 to continue for as long as the court determines is proper.
  • California Probate Code Section 15683
    Unless the trust instrument otherwise provides or the trustees otherwise agree, if the trust has two or more trustees, the compensation shall be apportioned among...
  • California Probate Code Section 15684
    A trustee is entitled to the repayment out of the trust property for the following: (a) Expenditures that were properly incurred in the administration of...
  • California Probate Code Section 15685
    The trustee has an equitable lien on the trust property as against the beneficiary in the amount of advances, with any interest, made for the...
  • California Probate Code Section 15686
    (a) As used in this section, "trustee's fee" includes, but is not limited to, the trustee's periodic base fee, rate of percentage compensation, minimum fee,...
  • California Probate Code Section 15687
    (a) Notwithstanding any provision of a trust to the contrary, a trustee who is an attorney may receive only (1) the trustee's compensation provided in...
  • California Probate Code Section 15688
    Notwithstanding any other provision of this article and the terms of the trust, a public guardian or public administrator who is appointed as a trustee...
  • California Probate Code Section 15800
    Except to the extent that the trust instrument otherwise provides or where the joint action of the settlor and all beneficiaries is required, during the...
  • California Probate Code Section 15801
    (a) In any case where the consent of a beneficiary may be given or is required to be given before an action may be taken,...
  • California Probate Code Section 15802
    Notwithstanding any other statute, during the time that a trust is revocable and the person holding the power to revoke the trust is competent, a...
  • California Probate Code Section 15803
    The holder of a presently exercisable general power of appointment or power to withdraw property from the trust has the rights of a person holding...
  • California Probate Code Section 15804
    (a) Subject to subdivisions (b) and (c), it is sufficient compliance with a requirement in this division that notice be given to a beneficiary, or...
  • California Probate Code Section 15805
    Notwithstanding any other provision of law, the Attorney General is subject to the limitations on the rights of beneficiaries of revocable trusts provided by Sections...
  • California Probate Code Section 16000
    On acceptance of the trust, the trustee has a duty to administer the trust according to the trust instrument and, except to the extent the...
  • California Probate Code Section 16001
    (a) Except as provided in subdivision (b), the trustee of a revocable trust shall follow any written direction acceptable to the trustee given from time...
  • California Probate Code Section 16002
    (a) The trustee has a duty to administer the trust solely in the interest of the beneficiaries. (b) It is not a violation of the...
  • California Probate Code Section 16003
    If a trust has two or more beneficiaries, the trustee has a duty to deal impartially with them and shall act impartially in investing and...
  • California Probate Code Section 16004
    (a) The trustee has a duty not to use or deal with trust property for the trustee's own profit or for any other purpose unconnected...
  • California Probate Code Section 16004.5
    (a) A trustee may not require a beneficiary to relieve the trustee of liability as a condition for making a distribution or payment to, or...
  • California Probate Code Section 16005
    The trustee of one trust has a duty not to knowingly become a trustee of another trust adverse in its nature to the interest of...
  • California Probate Code Section 16006
    The trustee has a duty to take reasonable steps under the circumstances to take and keep control of and to preserve the trust property.
  • California Probate Code Section 16007
    The trustee has a duty to make the trust property productive under the circumstances and in furtherance of the purposes of the trust.
  • California Probate Code Section 16009
    The trustee has a duty to do the following: (a) To keep the trust property separate from other property not subject to the trust. (b)...
  • California Probate Code Section 16010
    The trustee has a duty to take reasonable steps to enforce claims that are part of the trust property.
  • California Probate Code Section 16011
    The trustee has a duty to take reasonable steps to defend actions that may result in a loss to the trust.
  • California Probate Code Section 16012
    (a) The trustee has a duty not to delegate to others the performance of acts that the trustee can reasonably be required personally to perform...
  • California Probate Code Section 16013
    If a trust has more than one trustee, each trustee has a duty to do the following: (a) To participate in the administration of the...
  • California Probate Code Section 16014
    (a) The trustee has a duty to apply the full extent of the trustee's skills. (b) If the settlor, in selecting the trustee, has relied...
  • California Probate Code Section 16015
    The provision of services for compensation by a regulated financial institution or its affiliates in the ordinary course of business either to a trust of...
  • California Probate Code Section 16040
    (a) The trustee shall administer the trust with reasonable care, skill, and caution under the circumstances then prevailing that a prudent person acting in a...
  • California Probate Code Section 16041
    A trustee's standard of care and performance in administering the trust is not affected by whether or not the trustee receives any compensation.
  • California Probate Code Section 16042
    (a) Notwithstanding the requirements of this article, Article 2.5 (commencing with Section 16045), and the terms of the trust, all trust funds that come within...
  • California Probate Code Section 16045
    This article, together with subdivision (a) of Section 16002 and Section 16003, constitutes the prudent investor rule and may be cited as the Uniform Prudent...
  • California Probate Code Section 16046
    (a) Except as provided in subdivision (b), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to...
  • California Probate Code Section 16047
    (a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of...
  • California Probate Code Section 16048
    In making and implementing investment decisions, the trustee has a duty to diversify the investments of the trust unless, under the circumstances, it is prudent...
  • California Probate Code Section 16049
    Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning...
  • California Probate Code Section 16050
    In investing and managing trust assets, a trustee may only incur costs that are appropriate and reasonable in relation to the assets, overall investment strategy,...
  • California Probate Code Section 16051
    Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action...
  • California Probate Code Section 16052
    (a) A trustee may delegate investment and management functions as prudent under the circumstances. The trustee shall exercise prudence in the following: (1) Selecting an...
  • California Probate Code Section 16053
    The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this...
  • California Probate Code Section 16054
    This article applies to trusts existing on and created after its effective date. As applied to trusts existing on its effective date, this article governs...
  • California Probate Code Section 16060
    The trustee has a duty to keep the beneficiaries of the trust reasonably informed of the trust and its administration.
  • California Probate Code Section 16060.5
    As used in this article, "terms of the trust" means the written trust instrument of an irrevocable trust or those provisions of a written trust...
  • California Probate Code Section 16060.7
    On the request of a beneficiary, the trustee shall provide the terms of the trust to the beneficiary unless the trustee is not required to...
  • California Probate Code Section 16061
    Except as provided in Section 16069, on reasonable request by a beneficiary, the trustee shall report to the beneficiary by providing requested information to the...
  • California Probate Code Section 16061.5
    (a) A trustee shall provide a true and complete copy of the terms of the irrevocable trust, or irrevocable portion of the trust, to each...
  • California Probate Code Section 16061.7
    (a) A trustee shall serve a notification by the trustee as described in this section in the following events: (1) When a revocable trust or...
  • California Probate Code Section 16061.8
    No person upon whom the notification by the trustee is served pursuant to this chapter, whether the notice is served on him or her within...
  • California Probate Code Section 16061.9
    (a) A trustee who fails to serve the notification by trustee as required by Section 16061.7 on a beneficiary shall be responsible for all damages,...
  • California Probate Code Section 16062
    (a) Except as otherwise provided in this section and in Section 16064, the trustee shall account at least annually, at the termination of the trust,...
  • California Probate Code Section 16063
    (a) An account furnished pursuant to Section 16062 shall contain the following information: (1) A statement of receipts and disbursements of principal and income that...
  • California Probate Code Section 16064
    The trustee is not required to account to a beneficiary as described in subdivision (a) of Section 16062, in any of the following circumstances: (a)...
  • California Probate Code Section 16068
    Any waiver by a settlor of the obligation of the trustee of either of the following is against public policy and shall be void: (a)...
  • California Probate Code Section 16069
    The trustee is not required to account to the beneficiary, provide the terms of the trust to a beneficiary, or provide requested information to the...
  • California Probate Code Section 16080
    Except as provided in Section 16081, a discretionary power conferred upon a trustee is not left to the trustee's arbitrary discretion, but shall be exercised
  • California Probate Code Section 16081
    (a) Subject to the additional requirements of subdivisions (b), (c), and (d), if a trust instrument confers "absolute," "sole," or "uncontrolled" discretion on a trustee,...
  • California Probate Code Section 16082
    Except as otherwise specifically provided in the trust instrument, a person who holds a power to appoint or distribute income or principal to or for...
  • California Probate Code Section 16100
    As used in this article, the following definitions shall control: (a) "Charitable trust" means a charitable trust as described in Section 4947(a)(1) of the Internal...
  • California Probate Code Section 16101
    During any period when a trust is deemed to be a charitable trust or a private foundation, the trustee shall distribute its income for each...
  • California Probate Code Section 16102
    During any period when a trust is deemed to be a charitable trust, a private foundation, or a split-interest trust, the trustee shall not do...
  • California Probate Code Section 16103
    With respect to split-interest trusts: (a) Subdivisions (b) and (c) of Section 16102 do not apply to any trust described in Section 4947(b)(3) of the...
  • California Probate Code Section 16104
    The provisions of Sections 16101, 16102, and 16103 shall be deemed to be contained in the instrument creating every trust to which this article applies....
  • California Probate Code Section 16105
    (a) A proceeding contemplated by Section 101(l)(3) of the federal Tax Reform Act of 1969 (Public Law 91-172) may be commenced pursuant to Section 17200...
  • California Probate Code Section 16200
    A trustee has the following powers without the need to obtain court authorization: (a) The powers conferred by the trust instrument. (b) Except as limited...
  • California Probate Code Section 16201
    This chapter does not affect the power of a court to relieve a trustee from restrictions on the exercise of powers under the trust instrument.
  • California Probate Code Section 16202
    The grant of a power to a trustee, whether by the trust instrument, by statute, or by the court, does not in itself require or...
  • California Probate Code Section 16203
    An instrument that incorporates the powers provided in former Section 1120.2 (repealed by Chapter 820 of the Statutes of 1986) shall be deemed to refer...
  • California Probate Code Section 16220
    The trustee has the power to collect, hold, and retain trust property received from a settlor or any other person until, in the judgment of...
  • California Probate Code Section 16221
    The trustee has the power to accept additions to the property of the trust from a settlor or any other person.
  • California Probate Code Section 16222
    (a) Subject to subdivision (b), the trustee has the power to continue or participate in the operation of any business or other enterprise that is...
  • California Probate Code Section 16224
    (a) In the absence of an express provision to the contrary in a trust instrument, where the instrument directs or permits investment in obligations of...
  • California Probate Code Section 16225
    (a) The trustee has the power to deposit trust funds at reasonable interest in any of the following accounts: (1) An insured account in a...
  • California Probate Code Section 16226
    The trustee has the power to acquire or dispose of property, for cash or on credit, at public or private sale, or by exchange.
  • California Probate Code Section 16227
    The trustee has the power to manage, control, divide, develop, improve, exchange, partition, change the character of, or abandon trust property or any interest therein.
  • California Probate Code Section 16228
    The trustee has the power to encumber, mortgage, or pledge trust property for a term within or extending beyond the term of the trust in...
  • California Probate Code Section 16229
    The trustee has the power to do any of the following: (a) Make ordinary or extraordinary repairs, alterations, or improvements in buildings or other trust...
  • California Probate Code Section 16230
    The trustee has the power to do any of the following: (a) Subdivide or develop land. (b) Dedicate land to public use. (c) Make or...
  • California Probate Code Section 16231
    The trustee has the power to enter into a lease for any purpose as lessor or lessee with or without the option to purchase or...
  • California Probate Code Section 16232
    The trustee has the power to enter into a lease or arrangement for exploration and removal of gas, oil, or other minerals or geothermal energy,...
  • California Probate Code Section 16233
    The trustee has the power to grant an option involving disposition of trust property or to take an option for the acquisition of any property,...
  • California Probate Code Section 16234
    With respect to any shares of stock of a domestic or foreign corporation, any membership in a nonprofit corporation, or any other property, a trustee...
  • California Probate Code Section 16235
    The trustee has the power to pay calls, assessments, and any other sums chargeable or accruing against or on account of securities.
  • California Probate Code Section 16236
    The trustee has the power to sell or exercise stock subscription or conversion rights.
  • California Probate Code Section 16237
    The trustee has the power to consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a...
  • California Probate Code Section 16238
    The trustee has the power to hold a security in the name of a nominee or in other form without disclosure of the trust so...
  • California Probate Code Section 16239
    The trustee has the power to deposit securities in a securities depository, as defined in Section 30004 of the Financial Code, which is licensed under...
  • California Probate Code Section 16240
    The trustee has the power to insure the property of the trust against damage or loss and to insure the trustee against liability with respect...
  • California Probate Code Section 16241
    The trustee has the power to borrow money for any trust purpose to be repaid from trust property. The lender may include, but is not...
  • California Probate Code Section 16242
    The trustee has the power to do any of the following: (a) Pay or contest any claim. (b) Settle a claim by or against the...
  • California Probate Code Section 16243
    The trustee has the power to pay taxes, assessments, reasonable compensation of the trustee and of employees and agents of the trust, and other expenses...
  • California Probate Code Section 16244
    The trustee has the following powers: (a) To make loans out of trust property to the beneficiary on terms and conditions that the trustee determines...
  • California Probate Code Section 16245
    The trustee has the power to pay any sum of principal or income distributable to a beneficiary, without regard to whether the beneficiary is under...
  • California Probate Code Section 16246
    The trustee has the power to effect distribution of property and money in divided or undivided interests and to adjust resulting differences in valuation. A...
  • California Probate Code Section 16247
    The trustee has the power to hire persons, including accountants, attorneys, auditors, investment advisers, appraisers (including probate referees appointed pursuant to Section 400), or other...
  • California Probate Code Section 16248
    The trustee has the power to execute and deliver all instruments which are needed to accomplish or facilitate the exercise of the powers vested in...
  • California Probate Code Section 16249
    The trustee has the power to prosecute or defend actions, claims, or proceedings for the protection of trust property and of the trustee in the...
  • California Probate Code Section 16320
    This chapter may be cited as the Uniform Principal and Income Act.
  • California Probate Code Section 16321
    The definitions in this article govern the construction of this chapter.
  • California Probate Code Section 16322
    "Accounting period" means a calendar year unless another 12-month period is selected by a fiduciary. The term includes a portion of a calendar year or...
  • California Probate Code Section 16323
    "Fiduciary" means a personal representative or a trustee.
  • California Probate Code Section 16324
    "Income" means money or property that a fiduciary receives as current return from a principal asset. The term includes a portion of receipts from a...
  • California Probate Code Section 16325
    "Income beneficiary" means a person to whom net income of a trust is or may be payable.
  • California Probate Code Section 16326
    "Income interest" means the right of an income beneficiary to receive all or part of net income, whether the trust requires it to be distributed...
  • California Probate Code Section 16327
    "Mandatory income interest" means the right of an income beneficiary to receive net income that the trust requires the fiduciary to distribute.
  • California Probate Code Section 16328
    "Net income" means the total receipts allocated to income during an accounting period minus the disbursements made from income during the accounting period, plus or...
  • California Probate Code Section 16335
    (a) In allocating receipts and disbursements to or between principal and income, and with respect to any other matter within the scope of this chapter,...
  • California Probate Code Section 16336
    (a) Subject to subdivision (b), a trustee may make an adjustment between principal and income to the extent the trustee considers necessary if all of...
  • California Probate Code Section 16336.4
    (a) Unless expressly prohibited by the governing instrument, a trustee may convert a trust into a unitrust, as described in this section. A trust that...
  • California Probate Code Section 16336.5
    (a) The trustee may convert a trust into a unitrust upon terms other than those set forth in subdivision (e) of Section 16336.4, without court...
  • California Probate Code Section 16336.6
    Unless expressly prohibited by the governing instrument, a trustee may reconvert the trust from a unitrust or change the payout percentage of a unitrust. (a)...
  • California Probate Code Section 16336.7
    (a) Sections 16336.4 to 16336.6, inclusive, shall not impose any duty on the trustee to convert or reconvert a trust or to consider a conversion...
  • California Probate Code Section 16337
    A trustee may give a notice of proposed action regarding a matter governed by this chapter as provided in Chapter 5 (commencing with Section 16500)....
  • California Probate Code Section 16338
    In a proceeding with respect to a trustee's exercise or nonexercise of the power to make an adjustment under Section 16336, the sole remedy is...
  • California Probate Code Section 16339
    This chapter applies to every trust or decedent's estate existing on or after January 1, 2000, except as otherwise expressly provided in the trust or...
  • California Probate Code Section 16340
    After the decedent's death, in the case of a decedent's estate, or after an income interest in a trust ends, the following rules apply: (a)...
  • California Probate Code Section 16341
    (a) Each beneficiary described in subdivision (d) of Section 16340 is entitled to receive a portion of the net income equal to the beneficiary's fractional...
  • California Probate Code Section 16345
    (a) An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date...
  • California Probate Code Section 16346
    (a) A trustee shall allocate an income receipt or disbursement other than one to which subdivision (a) of Section 16340 applies to principal if its...
  • California Probate Code Section 16347
    (a) For the purposes of this section, "undistributed income" means net income received before the date on which an income interest ends. The term does...
  • California Probate Code Section 16350
    (a) For the purposes of this section: (1) "Entity" means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust...
  • California Probate Code Section 16351
    A trustee shall allocate to income an amount received as a distribution of income from a trust or a decedent's estate (other than an interest...
  • California Probate Code Section 16352
    (a) If a trustee who conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account...
  • California Probate Code Section 16355
    A trustee shall allocate to principal: (a) To the extent not allocated to income under this chapter, assets received from a transferor during the transferor's...
  • California Probate Code Section 16356
    Unless the trustee accounts for receipts from rental property pursuant to Section 16352, the trustee shall allocate to income an amount received as rent of...
  • California Probate Code Section 16357
    (a) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the trustee, including...
  • California Probate Code Section 16358
    (a) Except as otherwise provided in subdivision (b), a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in...
  • California Probate Code Section 16360
    (a) If a trustee determines that an allocation between principal and income required by Section 16361, 16362, 16363, 16364, or 16367 is insubstantial, the trustee...
  • California Probate Code Section 16361
    (a) For purposes of this section, the following terms have the following meanings: (1) "Payment" means a payment that a trustee may receive over a...
  • California Probate Code Section 16361.1
    Section 16361, as amended by the act adding this section, applies to a trust described in subdivision (d) of Section 16361, on and after the...
  • California Probate Code Section 16362
    (a) In this section, "liquidating asset" means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a...
  • California Probate Code Section 16363
    (a) To the extent that a trustee accounts for receipts from an interest in minerals, water, or other natural resources pursuant to this section, the...
  • California Probate Code Section 16364
    (a) To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall...
  • California Probate Code Section 16365
    (a) If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the...
  • California Probate Code Section 16366
    (a) In this section, "derivative" means a contract or financial instrument or a combination of contracts and financial instruments that gives a trust the right...
  • California Probate Code Section 16367
    (a) In this section, "asset-backed security" means an asset whose value is based upon the right it gives the owner to receive distributions from the...
  • California Probate Code Section 16370
    A trustee shall make the following disbursements from income to the extent that they are not disbursements to which paragraph (2) or (3) of subdivision...
  • California Probate Code Section 16371
    (a) A trustee shall make the following disbursements from principal: (1) Except as otherwise ordered by the court, the remaining one-half of the disbursements described...
  • California Probate Code Section 16372
    (a) For purposes of this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed asset...
  • California Probate Code Section 16373
    (a) If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income...
  • California Probate Code Section 16374
    (a) A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income. (b) A tax required...
  • California Probate Code Section 16374.5
    Unless otherwise provided by the governing instrument, determined by the trustee, or ordered by the court, distributions to beneficiaries shall be considered paid in the...
  • California Probate Code Section 16375
    (a) A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder...
  • California Probate Code Section 16400
    A violation by the trustee of any duty that the trustee owes the beneficiary is a breach of trust.
  • California Probate Code Section 16401
    (a) Except as provided in subdivision (b), the trustee is not liable to the beneficiary for the acts or omissions of an agent. (b) Under...
  • California Probate Code Section 16402
    (a) Except as provided in subdivision (b), a trustee is not liable to the beneficiary for a breach of trust committed by a cotrustee. (b)...
  • California Probate Code Section 16403
    (a) Except as provided in subdivision (b), a successor trustee is not liable to the beneficiary for a breach of trust committed by a predecessor...
  • California Probate Code Section 16420
    (a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may...
  • California Probate Code Section 16421
    The remedies of a beneficiary against the trustee are exclusively in equity.
  • California Probate Code Section 16440
    (a) If the trustee commits a breach of trust, the trustee is chargeable with any of the following that is appropriate under the circumstances: (1)...
  • California Probate Code Section 16441
    (a) If the trustee is liable for interest pursuant to Section 16440, the trustee is liable for the greater of the following amounts: (1) The...
  • California Probate Code Section 16442
    The provisions in this article for liability of a trustee for breach of trust do not prevent resort to any other remedy available under the...
  • California Probate Code Section 16460
    (a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise: (1) If a beneficiary has received an interim or final account in...
  • California Probate Code Section 16461
    (a) Except as provided in subdivision (b), (c), or (d), the trustee can be relieved of liability for breach of trust by provisions in the...
  • California Probate Code Section 16462
    (a) Notwithstanding Section 16461, a trustee of a revocable trust is not liable to a beneficiary for any act performed or omitted pursuant to written...
  • California Probate Code Section 16463
    (a) Except as provided in subdivisions (b) and (c), a beneficiary may not hold the trustee liable for an act or omission of the trustee...
  • California Probate Code Section 16464
    (a) Except as provided in subdivision (b), a beneficiary may be precluded from holding the trustee liable for a breach of trust by the beneficiary's...
  • California Probate Code Section 16465
    (a) Except as provided in subdivision (b), if the trustee, in breach of trust, enters into a transaction that the beneficiary may at his or...
  • California Probate Code Section 16500
    Subject to subdivision (d) of Section 16501, a trustee may give a notice of proposed action regarding a matter governed by Chapter 2 (commencing with...
  • California Probate Code Section 16501
    (a) The trustee who elects to provide notice pursuant to this chapter shall mail notice of the proposed action to each of the following: (1)...
  • California Probate Code Section 16502
    The notice of proposed action shall state that it is given pursuant to this section and shall include all of the following: (a) The name...
  • California Probate Code Section 16503
    (a) A beneficiary may object to the proposed action by mailing a written objection to the trustee at the address stated in the notice of...
  • California Probate Code Section 16504
    This chapter does not require a trustee to use these procedures prior to taking any action.
  • California Probate Code Section 17000
    (a) The superior court having jurisdiction over the trust pursuant to this part has exclusive jurisdiction of proceedings concerning the internal affairs of trusts. (b)...
  • California Probate Code Section 17001
    In proceedings commenced pursuant to this division, the court is a court of general jurisdiction and has all the powers of the superior court.
  • California Probate Code Section 17002
    (a) The principal place of administration of the trust is the usual place where the day-to-day activity of the trust is carried on by the...
  • California Probate Code Section 17003
    Subject to Section 17004: (a) By accepting the trusteeship of a trust having its principal place of administration in this state the trustee submits personally...
  • California Probate Code Section 17004
    The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure.
  • California Probate Code Section 17005
    (a) The proper county for commencement of a proceeding pursuant to this division is either of the following: (1) In the case of a living...
  • California Probate Code Section 17006
    There is no right to a jury trial in proceedings under this division concerning the internal affairs of trusts.
  • California Probate Code Section 17100
    Except as otherwise provided in this division, notice in proceedings commenced pursuant to this division, or notice otherwise required by this division, is governed by...
  • California Probate Code Section 17105
    A petitioner or other person required to give notice may cause notice to be given to any person interested in the trust without the need...
  • California Probate Code Section 17200
    (a) Except as provided in Section 15800, a trustee or beneficiary of a trust may petition the court under this chapter concerning the internal affairs...
  • California Probate Code Section 17200.1
    All proceedings concerning the transfer of property of the trust shall be conducted pursuant to the provisions of Part 19 (commencing with Section 850) of...
  • California Probate Code Section 17201
    A proceeding under this chapter is commenced by filing a petition stating facts showing that the petition is authorized under this chapter. The petition shall...
  • California Probate Code Section 17202
    The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the trustee...
  • California Probate Code Section 17203
    (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be mailed...
  • California Probate Code Section 17204
    (a) If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, file with the court clerk where...
  • California Probate Code Section 17205
    If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the...
  • California Probate Code Section 17206
    The court in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by the...
  • California Probate Code Section 17209
    The administration of trusts is intended to proceed expeditiously and free of judicial intervention, subject to the jurisdiction of the court.
  • California Probate Code Section 17210
    In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Attorney General may petition under this chapter.
  • California Probate Code Section 17211
    (a) If a beneficiary contests the trustee's account and the court determines that the contest was without reasonable cause and in bad faith, the court...
  • California Probate Code Section 17300
    This article applies only to the following: (a) A trust created by a will executed before July 1, 1977, and not incorporated by reference in...
  • California Probate Code Section 17301
    If a trust described in Section 17300 continues after distribution of the decedent's estate, the court in which the decedent's estate was administered retains jurisdiction...
  • California Probate Code Section 17302
    Except as otherwise provided in this article, proceedings relating to trusts under continuing court jurisdiction are governed by this part.
  • California Probate Code Section 17303
    This article does not apply to a trust described in Section 17300 that has been removed from continuing court jurisdiction.
  • California Probate Code Section 17304
    (a) At any time after final distribution of the decedent's estate, a trust described in Section 17300 may be transferred to a different county in...
  • California Probate Code Section 17350
    This article applies only to trusts created by will executed before July 1, 1977, and not incorporated by reference in a will on or after...
  • California Probate Code Section 17351
    (a) If any of the trustees of a trust described in Section 17350 is a trust company, the trust shall be removed from continuing court...
  • California Probate Code Section 17352
    (a) If none of the trustees of a trust described in Section 17350 is a trust company, the trust may be removed from continuing court...
  • California Probate Code Section 17353
    If a trust company is appointed as a successor trustee of a trust which, at the time of the appointment, is subject to continuing court...
  • California Probate Code Section 17354
    After a trust is removed from continuing court jurisdiction pursuant to this article, neither a change in trustees nor any other event causes the trust...
  • California Probate Code Section 17400
    (a) This chapter applies to all of the following: (1) A trust that is subject to this division. (2) A trust subject to Chapter 8...
  • California Probate Code Section 17401
    (a) The court may make an order for the transfer of the place of administration of a trust or the transfer of some or all...
  • California Probate Code Section 17402
    The petition for transfer shall set forth all of the following: (a) The names and places of residence of the following: (1) The trustee administering...
  • California Probate Code Section 17403
    (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place...
  • California Probate Code Section 17404
    The court may, in its discretion, grant the petition and order the trustee to transfer the trust property or to transfer the place of administration...
  • California Probate Code Section 17405
    If a transfer is ordered under this chapter, the court may direct the manner of transfer and impose terms and conditions as may be just,...
  • California Probate Code Section 17450
    (a) This chapter applies to a trust, or portion thereof, administered in a jurisdiction outside this state. (b) This chapter does not prevent the transfer...
  • California Probate Code Section 17451
    (a) The court may make an order accepting the transfer of the place of administration of a trust from another jurisdiction to this state or...
  • California Probate Code Section 17452
    (a) If the petition requests that a resident of this state be appointed trustee, the petition shall be filed in the court of the county...
  • California Probate Code Section 17453
    The petition for transfer shall set forth all of the following: (a) The names and places of residence of the following: (1) The trustee administering...
  • California Probate Code Section 17454
    (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place...
  • California Probate Code Section 17455
    (a) The court may, in its discretion, grant the petition and issue an order accepting transfer of trust property or the place of administration of...
  • California Probate Code Section 17456
    If appropriate to facilitate transfer of the trust property or the place of administration of a trust to this state, the court may issue a...
  • California Probate Code Section 17457
    A trust transferred to this state pursuant to this chapter shall be administered in the same manner as a trust of that type created in...
  • California Probate Code Section 18000
    (a) Unless otherwise provided in the contract or in this chapter, a trustee is not personally liable on a contract properly entered into in the...
  • California Probate Code Section 18001
    A trustee is personally liable for obligations arising from ownership or control of trust property only if the trustee is personally at fault.
  • California Probate Code Section 18002
    A trustee is personally liable for torts committed in the course of administration of the trust only if the trustee is personally at fault.
  • California Probate Code Section 18003
    (a) A cotrustee who does not join in exercising a power held by three or more cotrustees is not liable to third persons for the...
  • California Probate Code Section 18004
    A claim based on a contract entered into by a trustee in the trustee's representative capacity, on an obligation arising from ownership or control of...
  • California Probate Code Section 18005
    The question of liability as between the trust estate and the trustee personally may be determined in a proceeding under Section 17200.
  • California Probate Code Section 18100
    With respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, if the third person acts...
  • California Probate Code Section 18100.5
    (a) The trustee may present a certification of trust to any person in lieu of providing a copy of the trust instrument to establish the...
  • California Probate Code Section 18101
    A third person who acts in good faith is not bound to ensure the proper application of trust property paid or delivered to the trustee.
  • California Probate Code Section 18102
    If a third person acting in good faith and for a valuable consideration enters into a transaction with a former trustee without knowledge that the...
  • California Probate Code Section 18103
    If an express trust relating to real property is not contained or declared in the grant to the trustee, or in an instrument signed by...
  • California Probate Code Section 18104
    (a) If an interest in or lien or encumbrance on real property is conveyed, created, or affected by an instrument in favor of a person...
  • California Probate Code Section 18105
    If title to an interest in real property is affected by a change of trustee, the successor trustee may execute and record in the county...
  • California Probate Code Section 18106
    (a) A document establishing the fact of change of trustee recorded pursuant to this chapter is subject to all statutory requirements for recorded documents. (b)...
  • California Probate Code Section 18107
    A document establishing the change of a trustee recorded pursuant to this chapter is prima facie evidence of the change of trustee insofar as the...
  • California Probate Code Section 18108
    Any person whose interest is, or may be, affected by the recordation of an affidavit of change of trustee pursuant to this chapter may require...
  • California Probate Code Section 18200
    If the settlor retains the power to revoke the trust in whole or in part, the trust property is subject to the claims of creditors...
  • California Probate Code Section 18201
    Any settlor whose trust property is subject to the claims of creditors pursuant to Section 18200 shall be entitled to all exemptions as provided in...
  • California Probate Code Section 18501
    This part may be cited as the Uniform Prudent Management of Institutional Funds Act.
  • California Probate Code Section 18502
    As used in this part, the following terms shall have the following meanings: (a) "Charitable purpose" means the relief of poverty, the advancement of education...
  • California Probate Code Section 18503
    (a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the...
  • California Probate Code Section 18504
    (a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an...
  • California Probate Code Section 18505
    (a) Subject to any specific limitation set forth in a gift instrument or in law other than this part, an institution may delegate to an...
  • California Probate Code Section 18506
    (a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift...
  • California Probate Code Section 18507
    Compliance with this part is determined in light of the facts and circumstances existing at the time a decision is made or action is taken,...
  • California Probate Code Section 18508
    This part applies to institutional funds existing on or established after January 1, 2009. As applied to institutional funds existing on January 1, 2009, this...
  • California Probate Code Section 18509
    This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify,...
  • California Probate Code Section 18510
    In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject...
  • California Probate Code Section 19000
    As used in this part: (a) "Claim" means a demand for payment for any of the following, whether due, not due, accrued or not accrued,...
  • California Probate Code Section 19001
    (a) Upon the death of a settlor, the property of the deceased settlor that was subject to the power of revocation at the time of...
  • California Probate Code Section 19002
    (a) Except as expressly provided, this part shall not be construed to affect the right of any creditor to recover from any revocable trust established...
  • California Probate Code Section 19003
    (a) At any time following the death of the settlor, and during the time that there has been no filing of a petition to administer...
  • California Probate Code Section 19004
    If the trustee files, publishes, and serves notice as set forth in Section 19003, then: (a) All claims against the trust shall be filed in...
  • California Probate Code Section 19005
    The trustee may at any time pay, reject, or contest any claim against the deceased settlor or settle any claim by compromise, arbitration, or otherwise....
  • California Probate Code Section 19006
    (a) If a trustee of a trust established by the deceased settlor files, publishes, and serves notice as provided in Section 19003 the protection from...
  • California Probate Code Section 19007
    Nothing in this part shall determine the liability of any trust established by the deceased settlor as against any other trust established by that settlor,...
  • California Probate Code Section 19008
    If there is no proceeding to administer the estate of the deceased settlor, and if the trustee does not file a proposed notice to creditors...
  • California Probate Code Section 19009
    Nothing in this part shall be construed to permit or require disclosure of the existence of the trust or the contents of any of its...
  • California Probate Code Section 19010
    Nothing in this part imposes any duty on the trustee to initiate the notice proceeding set forth in Section 19003, and the trustee is not...
  • California Probate Code Section 19011
    (a) The Judicial Council may prescribe the form and contents of the petition, notice, claim form, and allowance or rejection form to be used pursuant...
  • California Probate Code Section 19012
    (a) This part applies to claims against any deceased settlor who dies on or after January 1, 1992. (b) The applicable law in effect before...
  • California Probate Code Section 19020
    At any time after the filing and first publication of notice pursuant to Chapter 3 (commencing with Section 19040), and after expiration of the time...
  • California Probate Code Section 19021
    The petition shall be filed in that county as may be determined pursuant to Section 19003. In the event this action seeks approval of allocation...
  • California Probate Code Section 19022
    (a) A proceeding under this chapter is commenced by filing a verified petition stating facts showing that the petition is authorized under this chapter and...
  • California Probate Code Section 19023
    At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of...
  • California Probate Code Section 19024
    At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of...
  • California Probate Code Section 19025
    (a) If any creditor, beneficiary, or trustee fails timely to file a written pleading upon notice, then the case is at issue, notwithstanding the failure....
  • California Probate Code Section 19026
    The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the trustee...
  • California Probate Code Section 19027
    (a) The court in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by...
  • California Probate Code Section 19029
    The court may, on its own motion or on request of a trustee or other person interested in the trust, appoint a guardian ad litem...
  • California Probate Code Section 19030
    In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Attorney General may petition under this chapter.
  • California Probate Code Section 19040
    (a) Publication of notice pursuant to this section shall be for at least 15 days. Three publications in a newspaper published once a week or...
  • California Probate Code Section 19041
    The Legislature finds and declares that to be most effective, notice to creditors should be published in compliance with the procedures specified in Section 19040....
  • California Probate Code Section 19050
    Except as provided in Section 19054, if the trustee has knowledge of a creditor of the deceased settlor, the trustee shall give notice to the...
  • California Probate Code Section 19051
    The notice shall be given before expiration of the later of the following times: (a) Four months after the first publication of notice under Section...
  • California Probate Code Section 19052
    The notice shall be in substantially the following form: NOTICE TO CREDITORS OF _____________ # ____________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _________ Notice is...
  • California Probate Code Section 19053
    (a) If the trustee believes that notice to a particular creditor is or may be required by this chapter and gives notice based on that...
  • California Probate Code Section 19054
    Notwithstanding Section 19050, the trustee need not give notice to a creditor even though the trustee has knowledge of the creditor if either of the...
  • California Probate Code Section 19100
    (a) A creditor shall file a claim before expiration of the later of the following times: (1) Four months after the first publication of notice...
  • California Probate Code Section 19101
    A vacancy in the office of the trustee that occurs before expiration of the time for filing a claim does not extend the time.
  • California Probate Code Section 19102
    A claim that is filed before expiration of the time for filing the claim is timely even if acted on by the trustee or the...
  • California Probate Code Section 19103
    (a) Except as provided in subdivision (b), upon petition by a creditor or a trustee, the court may allow a claim to be filed after...
  • California Probate Code Section 19104
    (a) Subject to subdivision (b), if a claim is filed within the time provided in this chapter, the creditor may later amend or revise the...
  • California Probate Code Section 19150
    (a) A claim may be filed by the creditor or a person acting on behalf of the claimant. (b) A claim shall be filed with...
  • California Probate Code Section 19151
    (a) A claim shall be supported by the affidavit of the creditor or the person on behalf of the claimant stating: (1) The claim is...
  • California Probate Code Section 19152
    (a) If a claim is based on a written instrument, either the original or a copy of the original with all endorsements shall be attached...
  • California Probate Code Section 19153
    The Judicial Council may adopt a claim form which shall inform the creditor that the claim must be filed with the court and a copy...
  • California Probate Code Section 19154
    (a) Notwithstanding any other provision of this part, if a creditor makes a written demand for payment within the time specified in Section 19100, the...
  • California Probate Code Section 19200
    (a) Except as provided in this chapter, a claim by a public entity shall be filed within the time otherwise provided in this part. A...
  • California Probate Code Section 19201
    (a) Notwithstanding any other statute, if a claim of a public entity arises under a law, act, or code listed in subdivision (b): (1) The...
  • California Probate Code Section 19202
    (a) If the trustee knows or has reason to believe that the deceased settlor received health care under Chapter 7 (commencing with Section 14000) or...
  • California Probate Code Section 19203
    If property in the trust is distributed before expiration of the time allowed a public entity to file a claim, the public entity has a...
  • California Probate Code Section 19204
    Nothing in this chapter shall be construed to affect the order of priority of debts provided for under other provisions of law.
  • California Probate Code Section 19205
    This chapter does not apply to liability for the restitution of amounts illegally acquired through the means of a fraudulent, false, or incorrect representation, or...
  • California Probate Code Section 19250
    When a claim is filed, the trustee shall allow or reject the claim in whole or in part.
  • California Probate Code Section 19251
    (a) Any allowance or rejection shall be in writing. The trustee shall file the allowance or rejection with the court clerk and give notice to...
  • California Probate Code Section 19252
    The trustee shall have the power to pay any claim or portion of a claim and payment shall constitute allowance of the claim to the...
  • California Probate Code Section 19253
    (a) A claim barred by the statute of limitations may not be allowed by the trustee. (b) The filing of a claim tolls the statute...
  • California Probate Code Section 19254
    If within 30 days after a claim is filed the trustee has refused or neglected to act on the claim, the refusal or neglect may,...
  • California Probate Code Section 19255
    (a) A rejected claim is barred as to the part rejected unless the creditor brings an action on the claim or the matter is referred...
  • California Probate Code Section 19300
    (a) Except as provided in Section 19303, after the death of the settlor all money judgments against the deceased settlor on a claim against the...
  • California Probate Code Section 19301
    When a money judgment against a trustee in a representative capacity becomes final, it conclusively establishes the validity of the claim for the amount of...
  • California Probate Code Section 19302
    (a) Notwithstanding the death of the settlor, a judgment for possession of trust property or a judgment for sale of trust property may be enforced...
  • California Probate Code Section 19303
    If trust property of the deceased settlor is subject to an execution lien at the time of the settlor's death, enforcement against the property may...
  • California Probate Code Section 19304
    (a) An attachment lien may be converted into a judgment lien on property in the trust estate subject to the attachment lien, with the same...
  • California Probate Code Section 19320
    If it appears that a debt of the deceased settlor has been paid or is payable in whole or in part from property in the...
  • California Probate Code Section 19321
    A petition under Section 19320 shall include a statement of all of the following: (a) All debts of the deceased settlor and surviving spouse known...
  • California Probate Code Section 19322
    If it appears from the petition under Section 19320 that allocation would be affected by the value of the separate property of the surviving spouse...
  • California Probate Code Section 19323
    (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place...
  • California Probate Code Section 19324
    (a) The trustee, the personal representative, if any, of a deceased settlor's probate estate, and the surviving spouse may provide for allocation of debts by...
  • California Probate Code Section 19325
    On making a determination as provided in this chapter, the court shall make an order that: (a) Directs the trustee to make payment of the...
  • California Probate Code Section 19326
    Notwithstanding any other statute, funeral expenses and expenses of last illness, in the absence of specific provisions in a will or trust to the contrary,...
  • California Probate Code Section 19330
    If proceedings are commenced under this part for the settlement of claims against the trust, and the time for filing claims has commenced, any action...
  • California Probate Code Section 19400
    Subject to Section 366.2 of the Code of Civil Procedure, if there is no proceeding to administer the estate of the deceased settlor, and if...
  • California Probate Code Section 19401
    Subject to Section 19402, if the trustee filed a proposed notice to creditors pursuant to Section 19003 and published notice to creditors pursuant to Section...
  • California Probate Code Section 19402
    (a) In any action under this chapter, subject to Section 366.2 of the Code of Civil Procedure, the distributee may assert any defenses, cross-complaints, or...
  • California Probate Code Section 19403
    Nothing in this chapter affects the rights of a purchaser or encumbrancer of property in good faith and for value from a person who is...
  • California Probate Code Section 20100
    Except where the context otherwise requires, the following definitions shall govern the construction of this chapter: (a) "Estate tax" means a tax imposed by any...
  • California Probate Code Section 20101
    (a) This chapter does not apply to persons interested in the estate of a decedent who died before January 1, 1987. (b) Notwithstanding the repeal...
  • California Probate Code Section 20110
    (a) Except as provided in subdivision (b), any estate tax shall be equitably prorated among the persons interested in the estate in the manner prescribed...
  • California Probate Code Section 20111
    The proration required by this article shall be made in the proportion that the value of the property received by each person interested in the...
  • California Probate Code Section 20112
    (a) In making a proration of the federal estate tax, allowances shall be made for credits allowed for state or foreign death taxes in determining...
  • California Probate Code Section 20113
    If a trust is created, or other provision made whereby a person is given an interest in the income of, an estate for years or...
  • California Probate Code Section 20114
    (a) As used in this section, "qualified real property" means qualified real property as defined in Section 2032A of the Internal Revenue Code (26 U.S.C....
  • California Probate Code Section 20114.5
    (a) As used in this section: (1) A reference to Section 4980A of the Internal Revenue Code means Section 4980A of the federal Internal Revenue...
  • California Probate Code Section 20115
    Where the payment of any portion of the federal estate tax is extended under the provisions of the federal estate tax law, the amount of...
  • California Probate Code Section 20116
    (a) If all property does not come into the possession of the personal representative, the personal representative is entitled, and has the duty, to recover...
  • California Probate Code Section 20117
    (a) If a person is charged with or required to pay an estate tax greater than the amount prorated to that person because another person...
  • California Probate Code Section 20120
    (a) The personal representative or any person interested in the estate may commence a proceeding to have a court determine the proration pursuant to this...
  • California Probate Code Section 20121
    A proceeding under this article shall be commenced by filing a petition that sets forth all of the following information: (a) The jurisdictional facts. (b)...
  • California Probate Code Section 20122
    Not less than 30 days before the hearing, the petitioner shall do both of the following: (a) Cause notice of the hearing and a copy...
  • California Probate Code Section 20123
    (a) The court, upon making a determination as provided in this article, shall make an order: (1) Directing the personal representative to charge the prorated...
  • California Probate Code Section 20124
    Upon petition by the personal representative or any person interested in the estate, the court shall modify an order made pursuant to this article whenever...
  • California Probate Code Section 20125
    (a) A personal representative acting or resident in another state may commence an action in this state to recover from a person interested in the...
  • California Probate Code Section 20200
    Except where the context otherwise requires, the following definitions shall govern the construction of this chapter: (a) "Generation-skipping transfer tax" means a tax imposed by...
  • California Probate Code Section 20201
    (a) This chapter does not apply to transferees of property of a decedent who died before January 1, 1987. (b) No inference as to the...
  • California Probate Code Section 20210
    (a) Except as provided in subdivision (b), any generation-skipping transfer tax shall be equitably prorated among the transferees in the manner prescribed in this article....
  • California Probate Code Section 20211
    The proration required by this article shall be made in the proportion that the value of the property received by each transferee bears to the...
  • California Probate Code Section 20212
    In making a proration required by this article: (a) Allowances shall be made for credits, exemptions, and deductions allowed for the purpose of determining the...
  • California Probate Code Section 20213
    If a trust is created or other provision made whereby a transferee is given an interest in income, or an estate for years or for...
  • California Probate Code Section 20214
    (a) If all property does not come into the possession of the trustee, the trustee is entitled, and has the duty, to recover from the...
  • California Probate Code Section 20215
    (a) If a person is charged with, or required to pay, a generation-skipping transfer tax greater than the amount prorated to that person because another...
  • California Probate Code Section 20220
    (a) The trustee or any transferee may commence a proceeding to have a court determine the proration pursuant to this chapter. (b) A proceeding under...
  • California Probate Code Section 20221
    A proceeding under this article shall be commenced by filing a petition that sets forth all of the following information: (a) The jurisdictional facts. (b)...
  • California Probate Code Section 20222
    Not less than 30 days before the hearing the petitioner shall do both of the following: (a) Cause notice of the hearing and a copy...
  • California Probate Code Section 20223
    (a) The court, upon making a determination as provided in this article, shall make an order: (1) Directing the trustee to charge the prorated amounts...
  • California Probate Code Section 20224
    Upon petition by the trustee or any transferee, the court shall modify an order made pursuant to this article whenever it appears that the amount...
  • California Probate Code Section 20225
    (a) A trustee acting or resident in another state may commence an action in this state to recover from a transferee, who either is resident...
  • California Probate Code Section 21101
    Unless the provision or context otherwise requires, this part applies to a will, trust, deed, and any other instrument.
  • California Probate Code Section 21102
    (a) The intention of the transferor as expressed in the instrument controls the legal effect of the dispositions made in the instrument. (b) The rules...
  • California Probate Code Section 21103
    The meaning and legal effect of a disposition in an instrument is determined by the local law of a particular state selected by the transferor...
  • California Probate Code Section 21104
    As used in this part, "at-death transfer" means a transfer that is revocable during the lifetime of the transferor, but does not include a joint...
  • California Probate Code Section 21105
    Except as otherwise provided in Sections 641 and 642, a will passes all property the testator owns at death, including property acquired after execution of...
  • California Probate Code Section 21107
    If an instrument directs the conversion of real property into money at the transferor's death, the real property and its proceeds shall be deemed personal...
  • California Probate Code Section 21108
    The law of this state does not include (a) the common law rule of worthier title that a transferor cannot devise an interest to his...
  • California Probate Code Section 21109
    (a) A transferee who fails to survive the transferor of an at-death transfer or until any future time required by the instrument does not take...
  • California Probate Code Section 21110
    (a) Subject to subdivision (b), if a transferee is dead when the instrument is executed, or fails or is treated as failing to survive the...
  • California Probate Code Section 21111
    (a) Except as provided in subdivision (b) and subject to Section 21110, if a transfer fails for any reason, the property is transferred as follows:...
  • California Probate Code Section 21112
    A condition in a transfer of a present or future interest that refers to a person's death "with" or "without" issue, or to a person's...
  • California Probate Code Section 21114
    (a) If a statute or an instrument provides for transfer of a present or future interest to, or creates a present or future interest in,...
  • California Probate Code Section 21115
    (a) Except as provided in subdivision (b), halfbloods, adopted persons, persons born out of wedlock, stepchildren, foster children, and the issue of these persons when...
  • California Probate Code Section 21117
    At-death transfers are classified as follows: (a) A specific gift is a transfer of specifically identifiable property. (b) A general gift is a transfer from...
  • California Probate Code Section 21118
    (a) If an instrument authorizes a fiduciary to satisfy a pecuniary gift wholly or partly by distribution of property other than money, property selected for...
  • California Probate Code Section 21120
    The words of an instrument are to receive an interpretation that will give every expression some effect, rather than one that will render any of...
  • California Probate Code Section 21121
    All parts of an instrument are to be construed in relation to each other and so as, if possible, to form a consistent whole. If...
  • California Probate Code Section 21122
    The words of an instrument are to be given their ordinary and grammatical meaning unless the intention to use them in another sense is clear...
  • California Probate Code Section 21131
    A specific gift passes the property transferred subject to any mortgage, deed of trust, or other lien existing at the date of death, without right...
  • California Probate Code Section 21132
    (a) If a transferor executes an instrument that makes an at-death transfer of securities and the transferor then owned securities that meet the description in...
  • California Probate Code Section 21133
    A recipient of an at-death transfer of a specific gift has a right to the property specifically given, to the extent the property is owned...
  • California Probate Code Section 21134
    (a) Except as otherwise provided in this section, if, after the execution of the instrument of gift, specifically given property is sold, or encumbered by...
  • California Probate Code Section 21135
    (a) Property given by a transferor during his or her lifetime to a person is treated as a satisfaction of an at-death transfer to that...
  • California Probate Code Section 21139
    The rules stated in Sections 21133 to 21135, inclusive, are not exhaustive, and nothing in those sections is intended to increase the incidence of ademption...
  • California Probate Code Section 21140
    This part applies to all instruments, regardless of when they were executed.
  • California Probate Code Section 21200
    This chapter shall be known and may be cited as the Uniform Statutory Rule Against Perpetuities.
  • California Probate Code Section 21201
    This chapter supersedes the common law rule against perpetuities.
  • California Probate Code Section 21202
    (a) Except as provided in subdivision (b), this part applies to nonvested property interests and unexercised powers of appointment regardless of whether they were created...
  • California Probate Code Section 21205
    A nonvested property interest is invalid unless one of the following conditions is satisfied: (a) When the interest is created, it is certain to vest...
  • California Probate Code Section 21206
    A general power of appointment not presently exercisable because of a condition precedent is invalid unless one of the following conditions is satisfied: (a) When...
  • California Probate Code Section 21207
    A nongeneral power of appointment or a general testamentary power of appointment is invalid unless one of the following conditions is satisfied: (a) When the...
  • California Probate Code Section 21208
    In determining whether a nonvested property interest or a power of appointment is valid under this article, the possibility that a child will be born...
  • California Probate Code Section 21209
    (a) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (1) seeks to disallow...
  • California Probate Code Section 21210
    Except as provided in Sections 21211 and 21212, the time of creation of a nonvested property interest or a power of appointment is determined by...
  • California Probate Code Section 21211
    For purposes of this chapter: (a) If there is a person who alone can exercise a power created by a governing instrument to become the...
  • California Probate Code Section 21212
    For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust...
  • California Probate Code Section 21220
    On petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution...
  • California Probate Code Section 21225
    Article 2 (commencing with Section 21205) does not apply to any of the following: (a) A nonvested property interest or a power of appointment arising...
  • California Probate Code Section 21230
    The lives of individuals selected to govern the time of vesting pursuant to Article 2 (commencing with Section 21205) of Chapter 1 may not be...
  • California Probate Code Section 21231
    In determining the validity of a nonvested property interest pursuant to Article 2 (commencing with Section 21205) of Chapter 1, an individual described as the...
  • California Probate Code Section 21310
    As used in this part: (a) "Contest" means a pleading filed with the court by a beneficiary that would result in a penalty under a...
  • California Probate Code Section 21311
    (a) A no contest clause shall only be enforced against the following types of contests: (1) A direct contest that is brought without probable cause....
  • California Probate Code Section 21312
    In determining the intent of the transferor, a no contest clause shall be strictly construed.
  • California Probate Code Section 21313
    This part is not intended as a complete codification of the law governing enforcement of a no contest clause. The common law governs enforcement of...
  • California Probate Code Section 21314
    This part applies notwithstanding a contrary provision in the instrument.
  • California Probate Code Section 21315
    (a) This part applies to any instrument, whenever executed, that became irrevocable on or after January 1, 2001. (b) This part does not apply to...
  • California Probate Code Section 21360
    The definitions in this chapter govern the construction of this part.
  • California Probate Code Section 21362
    (a) "Care custodian" means a person who provides health or social services to a dependent adult, except that "care custodian" does not include a person...
  • California Probate Code Section 21364
    "Cohabitant" has the meaning provided in Section 13700 of the Penal Code.
  • California Probate Code Section 21366
    "Dependent adult" means a person who, at the time of executing the instrument at issue under this part, was a person described in either of...
  • California Probate Code Section 21368
    "Domestic partner" has the meaning provided in Section 297 of the Family Code.
  • California Probate Code Section 21370
    "Independent attorney" means an attorney who has no legal, business, financial, professional, or personal relationship with the beneficiary of a donative transfer at issue under...
  • California Probate Code Section 21374
    (a) A person who is "related by blood or affinity" to a specified person means any of the following persons: (1) A spouse or domestic...
  • California Probate Code Section 21380
    (a) A provision of an instrument making a donative transfer to any of the following persons is presumed to be the product of fraud or...
  • California Probate Code Section 21382
    Section 21380 does not apply to any of the following instruments or transfers: (a) A donative transfer to a person who is related by blood...
  • California Probate Code Section 21384
    (a) A gift is not subject to Section 21380 if the instrument is reviewed by an independent attorney who counsels the transferor, out of the...
  • California Probate Code Section 21386
    If a gift fails under this part, the instrument making the gift shall operate as if the beneficiary had predeceased the transferor without spouse, domestic...
  • California Probate Code Section 21388
    (a) A person is not liable for transferring property pursuant to an instrument that is subject to the presumption created under this part, unless the...
  • California Probate Code Section 21390
    This part applies notwithstanding a contrary provision in an instrument.
  • California Probate Code Section 21392
    (a) This part shall apply to instruments that become irrevocable on or after January 1, 2011. For the purposes of this section, an instrument that...
  • California Probate Code Section 21400
    Notwithstanding any other provision of this part, if the instrument provides for abatement, or if the transferor's plan or if the purpose of the transfer...
  • California Probate Code Section 21401
    Except as provided in Sections 21612 (omitted spouse) and 21623 (omitted children) and in Division 10 (commencing with Section 20100) (proration of taxes), shares of...
  • California Probate Code Section 21402
    (a) Shares of beneficiaries abate in the following order: (1) Property not disposed of by the instrument. (2) Residuary gifts. (3) General gifts to persons...
  • California Probate Code Section 21403
    (a) Subject to subdivision (b), shares of beneficiaries abate pro rata within each class specified in Section 21402. (b) Gifts of annuities and demonstrative gifts...
  • California Probate Code Section 21404
    If an instrument requires property that is the subject of a specific gift to be exonerated from a mortgage, deed of trust, or other lien,...
  • California Probate Code Section 21405
    (a) In any case in which there is abatement when a distribution is made during estate administration, the court shall fix the amount each distributee...
  • California Probate Code Section 21406
    (a) This part does not apply to a gift made before July 1, 1989. In the case of a gift made before July 1, 1989,...
  • California Probate Code Section 21500
    As used in this part, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended from time to time. A reference to a...
  • California Probate Code Section 21501
    (a) This part applies to a distribution made on or after January 1, 1988, whether the transferor died before, on, or after that date. (b)...
  • California Probate Code Section 21502
    (a) This part does not apply to an instrument the terms of which expressly or by necessary implication make this part inapplicable. (b) By an...
  • California Probate Code Section 21503
    (a) If an instrument includes a formula intended to eliminate the federal estate tax, the formula shall be applied to eliminate or to reduce to...
  • California Probate Code Section 21520
    As used in this chapter: (a) "Marital deduction" means the federal estate tax deduction allowed for transfers under Section 2056 of the Internal Revenue Code...
  • California Probate Code Section 21521
    Sections 21524 and 21526 do not apply to a trust that qualifies for the marital deduction under Section 20.2056(e)-2(b) of the Code of Federal Regulations...
  • California Probate Code Section 21522
    If an instrument contains a marital deduction gift: (a) The provisions of the instrument, including any power, duty, or discretionary authority given to a fiduciary,...
  • California Probate Code Section 21523
    (a) The Economic Recovery Tax Act of 1981 was enacted August 13, 1981. This section applies to an instrument executed before September 12, 1981 (before...
  • California Probate Code Section 21524
    If a marital deduction gift is made in trust, in addition to the other provisions of this chapter, each of the following provisions also applies...
  • California Probate Code Section 21525
    (a) If an instrument that makes a marital deduction gift includes a condition that the transferor's spouse survive the transferor by a period that exceeds...
  • California Probate Code Section 21526
    A fiduciary is not liable for a good faith decision to make any election, or not to make any election, referred to in Section 2056(b)(7)...
  • California Probate Code Section 21540
    If an instrument indicates the transferor's intention to comply with the Internal Revenue Code requirements for a charitable remainder unitrust or a charitable remainder annuity...
  • California Probate Code Section 21541
    If an instrument indicates the transferor's intention to comply with the requirements for a charitable lead trust as described in Section 170(f)(2)(B) and Section 2055(e)(2)...
  • California Probate Code Section 21600
    This part shall apply to property passing by will through a decedent's estate or by a trust, as defined in Section 82, that becomes irrevocable...
  • California Probate Code Section 21601
    (a) For purposes of this part, "decedent's testamentary instruments" means the decedent's will or revocable trust. (b) "Estate" as used in this part shall include...
  • California Probate Code Section 21610
    Except as provided in Section 21611, if a decedent fails to provide in a testamentary instrument for the decedent's surviving spouse who married the decedent...
  • California Probate Code Section 21611
    The spouse shall not receive a share of the estate under Section 21610 if any of the following is established: (a) The decedent's failure to...
  • California Probate Code Section 21612
    (a) Except as provided in subdivision (b), in satisfying a share provided by this chapter: (1) The share will first be taken from the decedent's...
  • California Probate Code Section 21620
    Except as provided in Section 21621, if a decedent fails to provide in a testamentary instrument for a child of decedent born or adopted after...
  • California Probate Code Section 21621
    A child shall not receive a share of the estate under Section 21620 if any of the following is established: (a) The decedent's failure to...
  • California Probate Code Section 21622
    If, at the time of the execution of all of decedent's testamentary instruments effective at the time of decedent's death, the decedent failed to provide...
  • California Probate Code Section 21623
    (a) Except as provided in subdivision (b), in satisfying a share provided by this chapter: (1) The share will first be taken from the decedent's...
  • California Probate Code Section 21630
    This part does not apply if the decedent died before January 1, 1998. The law applicable prior to January 1, 1998, applies if the decedent...
  • California Probate Code Section 21700
    (a) A contract to make a will or devise or other instrument, or not to revoke a will or devise or other instrument, or to...

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Last modified: March 17, 2014