Title PROB, California Prob. Code

“Conservator” means conservator of the estate, or limited conservator of the estate to the extent that the powers and duties of the limited conservator are specifically and expressly provided by the order appointing the limited conservator, and includes the guardian of the estate…

“Conservatorship estate” includes the guardianship estate of a married minor. (Enacted by Stats. 1990, Ch. 79.)

“Conservatorship proceeding” means conservatorship of the estate proceeding and includes a guardianship of the estate proceeding of a married minor. (Enacted by Stats. 1990, Ch. 79.)

(a) Unless the spouse lacks legal capacity under the applicable standard prescribed in subdivision (b), a spouse has legal capacity to: (1) Manage and control community property, including legal capacity to dispose of community property. (2) Join in or consent to a transaction in…

This part may be cited as the Fiduciaries’ Wartime Substitution Law. (Enacted by Stats. 1990, Ch. 79.)

Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part. (Enacted by Stats. 1990, Ch. 79.)

“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 approval is required for a purchase, sale, exchange, or other transaction by the trustee, and includes a settlor who reserves the pow…

“Estate” means a trust estate, a decedent’s estate, a guardianship or conservatorship estate, or other property that is the subject of a donative transfer. (Enacted by Stats. 1990, Ch. 79.)

“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 guardianship or conservatorship estate or other estate that may be affected by the proceeding. (Enacted by Stats. 1990, Ch. 79.)

“Original fiduciary” means a fiduciary who is replaced by a substitute fiduciary or who makes a delegation of power under this part. (Enacted by Stats. 1990, Ch. 79.)

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 of the armed forces of the United States or like forces of any nation with which the United States is allied or associated in time of …

An adult having capacity may give an individual health care instruction. The individual instruction may be oral or written. The individual instruction may be limited to take effect only if a specified condition arises. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1,…

(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 attorney for health care may authorize the agent to make health care decisions and may also include individual health care instructi…

(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 of the person or estate or both, for consideration by the court if protective proceedings for the individual’s person or estate are …

(a) A written advance health care directive is legally sufficient if all of the following requirements are satisfied: (1) The advance directive contains the date of its execution. (2) The advance directive is signed either by the patient or in the patient’s name by another adult …

If the written advance health care directive is signed by witnesses, as provided in Section 4673, the following requirements shall be satisfied: (a) The witnesses shall be adults. (b) Each witness signing the advance directive shall witness either the signing of the advance direc…

(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 not effective unless a patient advocate or ombudsman, as may be designated by the Department of Aging for this purpose pursuant to an…

(a) A written advance health care directive or similar instrument executed in another state or jurisdiction in compliance with the laws of that state or jurisdiction or of this state, is valid and enforceable in this state to the same extent as a written advance directive validly…

A health care provider, health care service plan, health care institution, disability insurer, self-insured employee welfare plan, or nonprofit hospital plan or a similar insurance plan may not require or prohibit the execution or revocation of an advance health care directive as…

Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health care informatio…

(a) (1) This chapter does not prohibit the execution of a voluntary standalone psychiatric advance directive. (2) As used in this chapter, “psychiatric advance directive” means a legal document, executed on a voluntary basis by a person who has the capacity to make medical decisi…

This part may be cited as the California Multiple-Party Accounts Law. (Enacted by Stats. 1990, Ch. 79.)

(a) This part applies to a revocable transfer on death deed made by a transferor who dies on or after January 1, 2016, whether the deed was executed or recorded before, on, or after January 1, 2016. (b) Nothing in this part invalidates an otherwise valid transfer under Section 56…

This part does not preclude use of any other method of conveying real property that is permitted by law and that has the effect of postponing enjoyment of the property until the death of the owner. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repea…

(a) Except as provided in subdivision (b), nothing in this part affects the application to a revocable transfer on death deed of any other statute governing a nonprobate transfer on death, including, but not limited to, any of the following provisions that by its terms or intent …

(a) The California Law Revision Commission shall study the effect of California’s revocable transfer on death deed and make recommendations for improvement of this part. The commission shall report all of its findings and recommendations to the Legislature on or before January 1,…

(a) The personal representative has the management and control of the estate and, in managing and controlling the estate, shall use ordinary care and diligence. What constitutes ordinary care and diligence is determined by all the circumstances of the particular estate. (b) The p…

(a) If a personal representative breaches a fiduciary duty, the personal representative is chargeable with any of the following that is appropriate under the circumstances: (1) Any loss or depreciation in value of the decedent’s estate resulting from the breach of duty, with inte…

(a) If the personal representative is liable for interest pursuant to Section 9601, the personal representative is liable for the greater of the following amounts: (1) The amount of interest that accrues at the legal rate on judgments. (2) The amount of interest actually received…

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 remedy available against the personal representative under the statutory or common law. (Enacted by Stats. 1990, Ch. 79.)

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 out of the personal representative’s own estate unless the agreement for that purpose, or some memorandum or note thereof, is in w…

Appointment of a person as personal representative does not discharge any claim the decedent has against the person. (Enacted by Stats. 1990, Ch. 79.)

Unless otherwise provided in the instrument or in this division, a personal representative is not personally liable on an instrument, including but not limited to a note, mortgage, deed of trust, or other contract, properly entered into in the personal representative’s fiduciary …

(a) Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative, as follows: (1) Four percent on the first one hundred thousand …

(a) Subject to the provisions of this part, in addition to the compensation provided by Section 10810, the court may allow additional compensation for extraordinary services by the attorney for the personal representative in an amount the court determines is just and reasonable. …

(a) Except as otherwise provided in this section, if the decedent’s will makes provision for the compensation of the attorney for the personal representative, the compensation provided by the will shall be the full and only compensation for the services of the attorney for the pe…

An agreement between the personal representative and the attorney for higher compensation for the attorney than that provided by this part is void. (Added by Stats. 1991, Ch. 82, Sec. 30. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)

If there are two or more attorneys for the personal representative, the attorney’s compensation shall be apportioned among the attorneys by the court according to the services actually rendered by each attorney or as agreed to by the attorneys. (Added by Stats. 1991, Ch. 82, Sec.…

(a) This part does not apply in any proceeding for the administration of a decedent’s estate commenced before July 1, 1988. (b) The applicable law in effect before July 1, 1988, governing the subject matter of this part continues to apply in any proceeding for administration of a…

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 not be filed unless at least two months have elapsed after letters are first issued to a general personal representative. (Enacted…

(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 injury to the estate or any interested person. (b) The order for distribution shall be stayed until any bond required by the court…

(a) If the court orders distribution before four months have elapsed after letters are first issued to a general personal representative, the court shall require a bond. The bond shall be in the amount of the distribution. (b) If the court orders distribution after four months ha…

(a) Notwithstanding Section 11601, if authority is granted to administer the estate without court supervision under the Independent Administration of Estates Act, Part 6 (commencing with Section 10400): (1) The personal representative may petition the court for an order for preli…

The costs of a proceeding under this article shall be paid by the distributee or the estate in proportions determined by the court. (Enacted by Stats. 1990, Ch. 79.)

(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 guardian of the minor. A relative may file a petition for the appointment of a guardian under this section regardless of the relative’s im…

(a) (1) With the consent of the proposed ward, the court may appoint a guardian of the person for an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age, in connection with a petition to make the necessary findings regarding special …