California Probate Code
(Last Updated August 2008)

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...