California Probate Code Section 1
This code shall be known as the Probate Code.
|
California Probate Code Section 2
I am a duly sworn peace officer presently employed by
____________
______________________________, in the County of _____________,
in
the...
|
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 code.
(B) The...
|
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 by...
|
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...
|
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 or...
|
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...
|
California Probate Code Section 9
The present tense includes the past and future tenses, and the
future, the present.
|
California Probate Code Section 10
The singular number includes the plural, and the plural, the
singular.
|
California Probate Code Section 11
If any provision or clause of this code or application thereof
to any person or circumstances is held invalid, the invalidity does
not affect other...
|
California Probate Code Section 12
"Shall" is mandatory and "may" is permissive.
|
California Probate Code Section 20
Unless the provision or context otherwise requires, the
definitions in this part govern the construction of this code.
|
California Probate Code Section 21
"Account," when used to mean a contract of deposit of funds
between a depositor and a financial institution, includes a checking
account, savings...
|
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...
|
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...
|
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 the
|
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...
|
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
of real or...
|
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 trustee, or to
a...
|
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
|
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
|
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 savings...
|
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,...
|
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...
|
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...
|
California Probate Code Section 58
(a) "Personal representative" means executor, administrator,
administrator with the will annexed, special administrator, successor
personal...
|
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...
|
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...
|
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,...
|
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...
|
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...
|
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...
|
California Probate Code Section 83
"Trust company" means an entity that has qualified to engage in
and conduct a trust business in this state.
|
California Probate Code Section 84
"Trustee" includes an original, additional, or successor
trustee, whether or not appointed or confirmed by a court.
|
California Probate Code Section 88
"Will" includes codicil and any testamentary instrument which
merely appoints an executor or revokes or revises another will.
|
California Probate Code Section 100
(a) Upon the death of a married person, one-half of the
community property belongs to the surviving spouse and the other half
belongs to the...
|
California Probate Code Section 101
(a) Upon the death of a married person domiciled in this
state, one-half of the decedent's quasi-community property belongs to
the surviving spouse...
|
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...
|
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,...
|
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...
|
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 where...
|
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 the community...
|
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, whether...
|
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 chapter:
(1) Property that...
|
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 under...
|
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...
|
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...
|
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...
|
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 in the property...
|
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 of death...
|
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...
|
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 the...
|
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 the...
|
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
located any of the...
|
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.
...
|
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 the...
|
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...
|
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...
|
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...
|
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 be...
|
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 of a trust,...
|
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 another...
|
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 evidence
|
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 prior to...
|
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 103, 220,...
|
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 is...
|
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 estate...
|
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 many equal...
|
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 Probate...
|
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 Probate...
|
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 Probate...
|
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, issue, or
|
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 petitioner...
|
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 the...
|
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 of...
|
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 the distribution...
|
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...
|
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...
|
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...
|
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...
|
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,...
|
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 and...
|
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...
|
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 apply...
|
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) It...
|
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...
|
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...
|
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...
|
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 under...
|
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 or, if
none has been...
|
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...
|
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 is...
|
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,...
|
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...
|
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 4 of the
|
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 the...
|
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, a...
|
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...
|
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 interest, but after
|
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...
|
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 an...
|
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 bond.
...
|
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...
|
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 by the...
|
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...
|
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 is a member
|
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...
|
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 following...
|
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 or more of...
|
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...
|
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 the original...
|
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...
|
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...
|
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...
|
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 months
|
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 fewer than three...
|
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
|
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...
|
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 of office of a
|
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...
|
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
|
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...
|
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 appointment...
|
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 this...
|
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 protect...
|
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...
|
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...
|
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...
|
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...
|
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 the...
|
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 to...
|
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 is
|
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 or
exercise of the power of
|
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...
|
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 creditors,...
|
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...
|
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 relates.
...
|
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...
|
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,
|
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...
|
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 exercised...
|
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.
If one or more of...
|
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...
|
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
partial...
|
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 property...
|
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...
|
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 of court
obtained under this...
|
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 the extent that...
|
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
|
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...
|
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 because
|
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...
|
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 any language in...
|
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 to the expenses
|
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 general...
|
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...
|
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 the donee to the
|
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...
|
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...
|
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...
|
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 one of...
|
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 the...
|
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...
|
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...
|
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
|
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...
|
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 of the
|
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 partner, by a
|
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
power and authority...
|
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 this code...
|
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...
|
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
not limited to, the
|
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...
|
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...
|
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
petition to be served in 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...
|
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 the
hearing, object 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 in...
|
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 that the...
|
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 shall...
|
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 minor, and the...
|
California Probate Code Section 859
If a court finds that a person has in bad faith wrongfully
taken, concealed, or disposed of property belonging to the estate of
a decedent,...
|
California Probate Code Section 1000
Except to the extent that this code provides applicable
rules, the rules of practice applicable to civil actions, including
discovery proceedings and
|
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 may, in...
|
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...
|
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,...
|
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 may be...
|
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...
|
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, or...
|
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 hearing.
|
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 and...
|
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...
|
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 performance...
|
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 judge and...
|
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,...
|
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 no ex...
|
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...
|
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 the accounting...
|
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
to any other person...
|
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...
|
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...
|
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...
|
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 a
|
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 required.
|
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 is...
|
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 any
|
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 court
or judge, the notice...
|
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
or delivered is not
|
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:
(1) A person...
|
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 an attorney
|
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 paper...
|
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.
Personal delivery as
|
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 is specified by...
|
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 the hearing, the...
|
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 is...
|
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 hearing, the
court...
|
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 party, without a...
|
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 citation shall...
|
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 2 of the...
|
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 in
|
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 request.
|
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 a hearing,...
|
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 or before the...
|
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, showing
|
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 and the...
|
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 orders:
(a)...
|
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:
|
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 from...
|
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...
|
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...
|
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 the...
|
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 refusal to...
|
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...
|
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...
|
California Probate Code Section 1418
"Court," when used in connection with matters in the
guardianship or conservatorship proceeding, means the court in which
such proceeding is pending.
|
California Probate Code Section 1419
"Court investigator" means the person referred to in Section
1454.
|
California Probate Code Section 1419.5
"Custodial parent" means the parent who either (a) has been
awarded sole legal and physical custody of the child in another
proceeding, or (b) with...
|
California Probate Code Section 1420
"Developmental disability" means a disability which
originates before an individual attains age 18, continues, or can be
expected to continue,...
|
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...
|
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...
|
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,"...
|
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 is
expressly granted,...
|
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 guardian or
|
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...
|
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...
|
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...
|
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...
|
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...
|
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 of...
|
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 court...
|
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 comply with...
|
California Probate Code Section 1461
(a) As used in this section, "director" means:
(1) The Director of Mental Health when the state hospital referred
to in subdivision (b) is under...
|
California Probate Code Section 1461.4
(a) The petitioner shall mail or personally serve a notice
of the hearing and a copy of the petition to the director of the
regional center for the...
|
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 a copy of the...
|
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, together...
|
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 is...
|
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...
|
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...
|
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...
|
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
future appointed for such
|
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
person or estate or...
|
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 of that adult
|
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
following cases:
(a)
|
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 the...
|
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 on the petition...
|
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 for the
appointment of a...
|
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, notice of...
|
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...
|
California Probate Code Section 1513
(a) Unless waived by the court, a court investigator,
probation officer, or domestic relations investigator may make an
investigation and file with...
|
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 ward,
|
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
|
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 proposed...
|
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...
|
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 been...
|
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 the petition,...
|
California Probate Code Section 1516.5
(a) A proceeding to have a child declared free from the
custody and control of one or both parents may be brought in the
guardianship proceeding...
|
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...
|
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 petition, at...
|
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 the proposed...
|
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 tribe,...
|
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...
|
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...
|
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 her personal
|
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...
|
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...
|
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 the court and,
|
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 the...
|
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...
|
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 shall be given...
|
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 made in the
|
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...
|
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...
|
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...
|
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
|
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...
|
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.
|
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...
|
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...
|
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...
|
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 copy...
|
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...
|
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 be...
|
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 is...
|
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 not...
|
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 of the...
|
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...
|
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...
|
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,...
|
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...
|
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,
|
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.
|
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,...
|
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...
|
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
|
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...
|
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.
...
|
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) of Part 1.
|
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 jury...
|
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 by...
|
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,
|
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
|
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...
|
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...
|
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...
|
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...
|
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...
|
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 court...
|
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 in the...
|
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 revoke an order
|
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) of Part 1.
|
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 not...
|
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...
|
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 discretion,...
|
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, if...
|
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
manner provided in...
|
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 into a...
|
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 with...
|
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...
|
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 of...
|
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
of the petition shall...
|
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...
|
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 all of the...
|
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...
|
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...
|
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...
|
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 finds...
|
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 sought may...
|
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...
|
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 or...
|
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...
|
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 the...
|
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...
|
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...
|
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...
|
California Probate Code Section 1970
(a) The Legislature finds that unwarranted petitions,
applications, or motions other than discovery motions after a
conservatorship has been...
|
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...
|
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) Two
|
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...
|
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 or...
|
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 (commencing
|
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...
|
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...
|
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...
|
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...
|
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...
|
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:
...
|
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...
|
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
|
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...
|
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 and...
|
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. In addition,...
|
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:
(1)...
|
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 exemplified...
|
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
|
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...
|
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...
|
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...
|
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...
|
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
|
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...
|
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...
|
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...
|
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 by the
|
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...
|
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...
|
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
|
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 than
|
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 of...
|
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) of...
|
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 bond unless...
|
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...
|
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 the...
|
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 mortgage or...
|
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 use and
benefit of the ward or...
|
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, or an
|
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, unless he
|
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)...
|
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...
|
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...
|
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 treatment...
|
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...
|
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...
|
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...
|
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.
|
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...
|
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
|
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...
|
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...
|
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
|
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 any...
|
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...
|
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...
|
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
|
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 an...
|
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...
|
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)...
|
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...
|
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 ward...
|
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...
|
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...
|
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...
|
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,
|
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...
|
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...
|
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...
|
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...
|
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 ward...
|
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 the estate,
|
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...
|
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...
|
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...
|
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 an
|
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 trust in lieu
of foreclosure 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
disability, or other person
|
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...
|
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
|
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...
|
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 or...
|
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...
|
California Probate Code Section 2507
Notwithstanding Sections 2500 to 2506, inclusive:
(a) Whenever another statute requires, provides a procedure for,
or dispenses with court...
|
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) Where the income of the estate is...
|
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 terms of...
|
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...
|
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
|
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...
|
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 residue, if any,
|
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 person claiming...
|
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...
|
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 a mortgage
|
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
term shall be considered as
|
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 after...
|
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, which shall be...
|
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 the...
|
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...
|
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...
|
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 as...
|
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 for...
|
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...
|
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,...
|
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...
|
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...
|
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 with...
|
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...
|
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...
|
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 in Section...
|
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 estate a business,...
|
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...
|
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 the...
|
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 ward or conservatee or...
|
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 court as...
|
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...
|
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...
|
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
county assessor.
|
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...
|
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 of the...
|
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 guardian...
|
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 or...
|
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
|
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 the estate of
|
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...
|
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...
|
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 3 (commencing
|
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 or...
|
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...
|
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
|
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 obtained...
|
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 all of...
|
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...
|
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 the last...
|
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...
|
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...
|
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 or any other...
|
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,...
|
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) On petition by the guardian or conservator of the person
or estate or both, the court may by order authorize periodic payments
on account to any...
|
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 estate may
|
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...
|
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 fees
|
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 is not...
|
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 the...
|
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 or...
|
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) of Part 1.
|
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 this...
|
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 court.
|
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
|
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 the case...
|
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...
|
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 of
|
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 hearing shall
|
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)...
|
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...
|
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...
|
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...
|
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 spouse of
|
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) A new...
|
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 a hearing,
|
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...
|
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 of the...
|
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 not...
|
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 the
petition to each...
|
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 the foreign...
|
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, upon...
|
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
|
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 of
|
California Probate Code Section 2900
(a) If the public guardian or public conservator determines
that the requirements for appointment of a guardian or conservator of
the estate are...
|
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 2902
A public guardian who takes possession or control of property
pursuant to this chapter is entitled to reasonable costs incurred
for the preservation
|
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 by a
|
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 the person, the
|
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 act and whose...
|
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...
|
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 and...
|
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...
|
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...
|
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 possess...
|
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...
|
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"
|
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...
|
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 petition a...
|
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:
|
California Probate Code Section 2
I am a duly sworn peace officer presently employed by
____________
______________________________, in the County of _____________,
in
the...
|
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
|
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...
|
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
|
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...
|
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
the conservatorship
|
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...
|
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...
|
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 rights
|
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...
|
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
Code or by any other...
|
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...
|
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 1102 of the...
|
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...
|
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...
|
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 1460) of...
|
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 appear...
|
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...
|
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)...
|
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...
|
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
|
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 the...
|
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 order made...
|
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 such other...
|
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...
|
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...
|
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...
|
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,...
|
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 any of...
|
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...
|
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 is...
|
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...
|
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
and a copy of the...
|
California Probate Code Section 3140
(a) A conservator served pursuant to this article shall, and
the Director of Mental Health or the Director of Developmental
Services given notice...
|
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 hearing...
|
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...
|
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 by the court,
|
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...
|
California Probate Code Section 3152
A sale, conveyance, assignment, transfer, exchange,
encumbrance, security interest, mortgage, deed of trust, lease,
dedication, release, or...
|
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...
|
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...
|
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...
|
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 county...
|
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, or...
|
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 time...
|
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 be
personally served on...
|
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...
|
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...
|
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 in its...
|
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,...
|
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 medical...
|
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 money or other...
|
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 and other...
|
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 to a parent of the...
|
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 the guardianship...
|
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 money
belonging to 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
guardianship of 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 the
estate be appointed...
|
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 persons have...
|
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 and...
|
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 balance of
|
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 for
|
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 to a
special needs trust, the...
|
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, covenant, order or
|
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...
|
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, or...
|
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...
|
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 this...
|
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:
(a) A...
|
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
days before the...
|
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 or agency,...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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
absentee, 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,...
|
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...
|
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...
|
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...
|
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 benefit
|
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 is made...
|
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...
|
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 the benefit...
|
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...
|
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 to, a minor...
|
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...
|
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...
|
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 the same...
|
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 the transferor to...
|
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...
|
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...
|
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 considers...
|
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.
|
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 a transfer
|
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 or...
|
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...
|
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 minor's family,...
|
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...
|
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...
|
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 part...
|
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 is...
|
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 4...
|
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...
|
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 a...
|
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
|
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...
|
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 principal's
|
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 this...
|
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...
|
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...
|
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...
|
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...
|
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
person or estate or
|
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
|
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 by a person
|
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...
|
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 instrument...
|
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 writing. This...
|
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)...
|
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 of...
|
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...
|
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...
|
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...
|
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...
|
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)...
|
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...
|
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...
|
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 subdivisions (b) and (c), in
dealing with property of the principal, an attorney-in-fact shall
observe the standard of care
|
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...
|
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...
|
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...
|
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...
|
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...
|
California Probate Code Section 4260
This article does not apply to statutory form powers of
attorney under Part 3 (commencing with Section 4400).
|
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:
|
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...
|
California Probate Code Section 4264
A power of attorney may not be construed to grant authority
to an attorney-in-fact to perform any of the following acts unless
expressly authorized...
|
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 permit...
|
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...
|
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,...
|
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 person
for so acting if all...
|
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 to the...
|
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
|
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...
|
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) A copy of a...
|
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
|
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...
|
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...
|
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
other power does not limit...
|
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 contingency,...
|
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
Unless there is a conflicting provision in this part, in
which case the provision of this part governs, the other provisions
of this division apply...
|
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 of any law...
|
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 of Part...
|
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 the
|
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...
|
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 the...
|
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...
|
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...
|
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...
|
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
In a statutory form power of attorney, the language granting
power with respect to personal and family maintenance empowers the
agent to do all of...
|
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...
|
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:
(a)...
|
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...
|
California Probate Code Section 4465
A statutory form power of attorney under this part does not
empower the agent to modify or revoke a trust created by the
principal unless that power...
|
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...
|
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
|
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...
|
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...
|
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.
|
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 in effect...
|
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 of the...
|
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 discretion...
|
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...
|
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,...
|
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...
|
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...
|
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...
|
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...
|
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
|
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
|
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...
|
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...
|
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...
|
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...
|
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...
|
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 care...
|
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...
|
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 designate or...
|
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
|
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 for...
|
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
|
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,...
|
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...
|
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 of...
|
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...
|
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:
...
|
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
|
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...
|
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...
|
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...
|
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...
|
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...
|
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 the power
|
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 to the
|
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...
|
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...
|
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...
|
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...
|
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 govern...
|
California Probate Code Section 4701
The statutory advance health care directive form is as
follows:
ADVANCE HEALTH CARE DIRECTIVE
(California Probate Code Section 4701)...
|
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
|
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...
|
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...
|
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 has to...
|
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...
|
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...
|
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...
|
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)
|
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...
|
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
|
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...
|
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...
|
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...
|
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...
|
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
|
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...
|
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
|
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 division is...
|
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...
|
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 capacity to...
|
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 and
|
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 of the...
|
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 disposition
|
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
in its discretion...
|
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
|
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)...
|
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)
|
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...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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 a...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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 the
|
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,
|
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 of attorney.
|
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...
|
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
right of...
|
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 thereto made by or for...
|
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 other...
|
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 or more persons.
|
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
|
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
|
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...
|
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. ...
|
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...
|
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 one or...
|
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 to the
sums on deposit, ...
|
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 parties as...
|
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.
(b) Once...
|
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 the
|
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...
|
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 party is...
|
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 request, to the
|
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...
|
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...
|
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 more
parties as trustee...
|
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 minor is a...
|
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 and...
|
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...
|
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...
|
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 the issuer or
|
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...
|
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 the...
|
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 beneficiary...
|
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...
|
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
|
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...
|
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
|
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...
|
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...
|
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...
|
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 affidavit or a...
|
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 former...
|
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 other cause,...
|
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 presence of...
|
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 for the conservatee if the...
|
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:
(1) The individual...
|
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...
|
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...
|
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
duress, menace,...
|
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 to...
|
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 signed by one...
|
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 material...
|
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...
|
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 not invalid because the...
|
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 or by...
|
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...
|
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...
|
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 revoked by acts...
|
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...
|
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 the...
|
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 will,
|
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...
|
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...
|
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...
|
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 any state"...
|
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...
|
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 survive the...
|
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.
...
|
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 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 more than
|
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...
|
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 or deletions...
|
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...
|
California Probate Code Section 6240
The following is the California Statutory Will form:
QUESTIONS AND ANSWERS ABOUT THIS CALIFORNIA STATUTORY WILL
The following information,
|
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...
|
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
|
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 trust
established or to be...
|
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)...
|
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 person entitled
|
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,
|
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...
|
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...
|
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 pursuant to...
|
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...
|
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 property is to...
|
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...
|
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 this...
|
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"...
|
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 the nationality,...
|
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
language, by hand or by...
|
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
the testator or, if...
|
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
|
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 will
|
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 this...
|
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...
|
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 1984)...
|
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...
|
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...
|
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 the
|
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, and...
|
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 is
treated as an...
|
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 to survive the
|
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 an
alien.
|
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 would...
|
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 to...
|
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,
|
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 the...
|
California Probate Code Section 6452
If a child is born out of wedlock, neither a natural parent
nor a relative of that parent inherits from or through the child on
the basis of the...
|
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 child...
|
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
|
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...
|
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
for good cause on...
|
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 as provided...
|
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 as provided...
|
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 children...
|
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,...
|
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...
|
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 no case beyond the...
|
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 petition shall
|
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 prior to
|
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...
|
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 allowance...
|
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 or after the
|
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 insolvent, no...
|
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 an...
|
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,...
|
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 decedent's
death and who...
|
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...
|
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 in...
|
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...
|
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 executor.
(2) The...
|
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...
|
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 of the...
|
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...
|
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 of the...
|
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 be
|
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 case...
|
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 to 647.5,...
|
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 thereof by...
|
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...
|
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 state
|
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 for...
|
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...
|
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 last...
|
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...
|
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...
|
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...
|
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 other county...
|
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...
|
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...
|
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:
|
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...
|
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...
|
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 be in...
|
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 hospital or...
|
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...
|
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...
|
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
|
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...
|
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...
|
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...
|
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...
|
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 county...
|
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...
|
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...
|
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 the...
|
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 of...
|
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...
|
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 ...
|
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...
|
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...
|
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 estate within 30...
|
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,
|
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 filed. At
the request of the...
|
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...
|
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 matters:
...
|
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 an...
|
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...
|
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 mail
|
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...
|
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...
|
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
property will pass...
|
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 week...
|
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...
|
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...
|
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 the death 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 a person has...
|
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 state or
country and cannot be...
|
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
testator's estate,...
|
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 the evidence shows...
|
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 on its face...
|
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 is...
|
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...
|
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 chapter,...
|
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 summons
|
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...
|
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 of proof of lack
|
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...
|
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...
|
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 a person who had...
|
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, so far...
|
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 of
|
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. ...
|
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...
|
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...
|
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. ...
|
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...
|
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.
(b) The...
|
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 commit the
execution of the will
|
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 may
|
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
is in any manner...
|
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 be appointed and...
|
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 respect as all...
|
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 or...
|
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...
|
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...
|
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...
|
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 conservator...
|
California Probate Code Section 8465
(a) The court may appoint as administrator a person nominated
by a person otherwise entitled to appointment or by the guardian or
conservator of the...
|
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 to...
|
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 serving in that
|
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
|
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 in...
|
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 sum of:
(1) The estimated...
|
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
|
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...
|
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 Procedure)...
|
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 use and
benefit of 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...
|
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...
|
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,...
|
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
|
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.
|
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...
|
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 personal...
|
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...
|
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 of personal...
|
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,
|
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) The...
|
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...
|
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
|
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 waives the
|
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...
|
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...
|
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.
|
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...
|
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...
|
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...
|
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...
|
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...
|
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 nonresident...
|
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
Secretary...
|
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 state.
|
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...
|
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
|
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...
|
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 death in...
|
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,...
|
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...
|
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
|
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
against creditors of...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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 county.
|
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...
|
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 or...
|
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,...
|
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...
|
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 status...
|
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.
...
|
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...
|
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...
|
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, or...
|
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 claim...
|
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...
|
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:
...
|
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 that
|
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
|
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 issued...
|
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 by the court...
|
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 filing a...
|
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 claim. 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 the court and a copy shall...
|
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 is a just...
|
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 to the claim.
|
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 or delivered to
|
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 claim not so...
|
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 public...
|
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...
|
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 this code
|
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...
|
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 shall...
|
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...
|
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...
|
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 account of...
|
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 the...
|
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 claim, the refusal...
|
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...
|
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...
|
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 as the...
|
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 claim until...
|
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...
|
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 in
which the...
|
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...
|
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...
|
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, a...
|
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 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 to...
|
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
|
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...
|
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...
|
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 other
|
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 the decedent
|
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...
|
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
|
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...
|
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 injury,...
|
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, as to...
|
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...
|
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)...
|
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...
|
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
|
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, so...
|
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...
|
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
|
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...
|
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...
|
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
|
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 the estate,
|
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
|
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
|
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...
|
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
|
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...
|
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
|
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...
|
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...
|
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 the estate in...
|
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 if all...
|
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 personal...
|
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...
|
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 title to the...
|
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...
|
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...
|
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,...
|
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
of the interested...
|
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...
|
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
her death or other...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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 proposed
|
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...
|
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...
|
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 of
|
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...
|
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...
|
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 order that...
|
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
|
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...
|
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 all...
|
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...
|
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...
|
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,...
|
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...
|
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...
|
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 personal
|
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...
|
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
|
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 trust in lieu
of foreclosure 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 of...
|
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:
...
|
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...
|
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...
|
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...
|
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
|
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...
|
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:
|
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 petition...
|
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
|
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...
|
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...
|
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...
|
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 of the...
|
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 on more...
|
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 period of...
|
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 provided in...
|
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...
|
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...
|
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...
|
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. The...
|
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 the following...
|
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...
|
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 the option at...
|
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 this chapter...
|
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...
|
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...
|
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...
|
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...
|
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, the personal...
|
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 be...
|
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...
|
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 written...
|
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...
|
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 other...
|
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 compensation or...
|
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,...
|
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 agent or broker
|
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...
|
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...
|
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...
|
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...
|
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 by...
|
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 for confirmation,...
|
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 for...
|
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 representative,...
|
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...
|
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...
|
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...
|
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"
|
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...
|
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 case of 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 real property...
|
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...
|
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 of notice of
sale to not less...
|
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...
|
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 sale or a public...
|
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 after
which the sale will be...
|
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, if a sale...
|
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...
|
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 the
|
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 petition for...
|
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 that notice of...
|
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
|
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 of sale
|
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 ($5,000), the
|
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 of notice of
sale to not less...
|
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...
|
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 sale or a public...
|
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
located in two or...
|
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 after which the
sale will be made,...
|
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 the property...
|
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 following...
|
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 examine
|
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 is made
|
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 that notice of...
|
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...
|
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 money, with...
|
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
|
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, on petition
|
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 the new high...
|
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...
|
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...
|
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,...
|
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
petition to be served in 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 the lien on...
|
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 claim for the...
|
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
|
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...
|
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 an heir or other
|
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
|
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...
|
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...
|
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
|
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...
|
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...
|
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...
|
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 of
|
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...
|
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...
|
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...
|
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...
|
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...
|
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)...
|
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...
|
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...
|
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,
|
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 or...
|
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 in the...
|
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...
|
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...
|
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 estate or any...
|
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...
|
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
|
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 this part,...
|
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
a...
|
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...
|
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...
|
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 limited...
|
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...
|
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 90
|
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...
|
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...
|
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...
|
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 the decedent...
|
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 part.
|
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,...
|
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 an...
|
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
|
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 estate, so that...
|
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 foreclosure of the...
|
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 trustee
|
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...
|
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 any time...
|
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 to the...
|
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) A...
|
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...
|
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 15...
|
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 who is
|
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...
|
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 after...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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
|
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...
|
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...
|
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...
|
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
|
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...
|
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...
|
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...
|
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...
|
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...
|
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 order an account on...
|
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,...
|
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...
|
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...
|
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...
|
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...
|
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...
|
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 prescribed by...
|
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...
|
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...
|
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
|
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...
|
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...
|
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...
|
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 this state that...
|
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...
|
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 at the legal...
|
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 bond, if any,...
|
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 evidence taken in open
|
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, a...
|
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 that a
debt of the surviving...
|
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 cause, if...
|
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...
|
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
|
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
|
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 or an...
|
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 court may make...
|
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...
|
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 be...
|
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 files...
|
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 in determining...
|
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 a bond...
|
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...
|
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 in...
|
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...
|
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 in...
|
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 entitled may
|
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 or
|
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...
|
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
|
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 be closed, the...
|
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...
|
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...
|
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...
|
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 in...
|
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 estate. 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 or may
|
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)...
|
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...
|
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...
|
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
|
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
|
California Probate Code Section 11754
Expenses of administration of the estate shall include
reasonable storage, delivery, and shipping costs for distribution of
tangible personal...
|
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...
|
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)
|
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...
|
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...
|
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 for the...
|
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...
|
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. The...
|
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...
|
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 in...
|
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.
...
|
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
distribution, within...
|
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 is to be or
|
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...
|
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 to...
|
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...
|
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 a...
|
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. ...
|
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...
|
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 year...
|
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...
|
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 an...
|
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...
|
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, the...
|
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...
|
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 the...
|
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 representative to
|
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 interests of
|
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...
|
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 representative or...
|
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...
|
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 of any
|
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,...
|
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
are likely to have...
|
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
person's last known...
|
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) The
|
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 decedent,
|
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. The...
|
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 of the...
|
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
|
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...
|
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...
|
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...
|
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...
|
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 court...
|
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...
|
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...
|
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
|
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...
|
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,...
|
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...
|
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...
|
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...
|
California Probate Code Section 12590
A sister state personal representative or foreign nation
personal representative submits personally in a representative
capacity to the jurisdiction...
|
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...
|
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...
|
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...
|
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...
|
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 by the...
|
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 act on...
|
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 valuation of the...
|
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 not...
|
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 to 632,...
|
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...
|
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 had
|
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...
|
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...
|
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...
|
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...
|
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 the...
|
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 deceased...
|
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...
|
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...
|
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 or
|
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...
|
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 been...
|
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...
|
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,...
|
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...
|
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...
|
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...
|
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 item of...
|
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...
|
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 item of...
|
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 to...
|
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 issued...
|
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...
|
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 Section...
|
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...
|
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...
|
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...
|
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 to the...
|
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...
|
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...
|
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 to 206,...
|
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...
|
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 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...
|
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...
|
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 to 206,...
|
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 liens and...
|
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 is...
|
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...
|
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 is...
|
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...
|
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...
|
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...
|
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 may, without...
|
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
|
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...
|
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...
|
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 not...
|
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...
|
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 filed
|
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 a...
|
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, or if...
|
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 an order...
|
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...
|
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 in...
|
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
|
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 this state.
|
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
|
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...
|
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 property...
|
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 the...
|
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 the...
|
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...
|
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 an...
|
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 either
|
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 where all...
|
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...
|
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 expressly...
|
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...
|
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...
|
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
principal or both as...
|
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 voluntary...
|
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...
|
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...
|
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
|
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...
|
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
|
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 under Section...
|
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...
|
California Probate Code Section 15401
(a) A trust that is revocable by the settlor may be revoked
in whole or in part by any of the following methods:
(1) By compliance with any method
|
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...
|
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...
|
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 or
|
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...
|
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 so low in...
|
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...
|
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 by the settlor, as...
|
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 combine...
|
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 court...
|
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...
|
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...
|
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 trust...
|
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 does not accept...
|
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 if...
|
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...
|