Title PROB — California Prob. Code

(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 the party, less all withdrawals made by or for the party that have not been paid to or applied to the use of any other party. (2) A pro…

(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 than as an agent. (b) A P.O.D. payee is a party, by reason of being a P.O.D. payee, only after the account becomes payable to the p…

“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 pledge of sums of deposit. (c) A setoff, reduction, or other disposition of all or part of an account pursuant to a pledge. (Enacted by St…

“P.O.D.” means pay on death. (Enacted by Stats. 1990, Ch. 79.)

“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 death to one or more P.O.D. payees. (b) An account payable on request to one or more persons during their lifetimes and on the death of al…

“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. (Enacted by Stats. 1990, Ch. 79.)

“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 that is prima facie evidence of death under Section 103550 of the Health and Safety Code, Sections 1530 to 1532, inclusive, of the Evidence…

Except to the extent the terms of the account or deposit agreement expressly provide otherwise, a financial institution “receives” an order or notice under this part when it is received by the particular office or branch office of the financial instutition where the account is ca…

“Request” means a proper request for withdrawal, including a check or order for payment, that complies with all conditions of the account (including special requirements concerning necessary signatures) and regulations of the financial institution; but, if the financial instituti…

“Sums on deposit” means both of the following: (a) The balance payable on an account, including interest and dividends earned, whether or not included in the current balance. (b) Any life insurance proceeds added to the account by reason of the death of a party. (Enacted by Stats…

“Withdrawal” includes payment to a third person pursuant to a check or other directive of a party or an agent. (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.

(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,…

Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.

“Beneficiary” means a person named in a revocable transfer on death deed as transferee of the property. A natural person, trust, or legal entity may be named as a beneficiary.

(a) Except as provided in subdivision (b), “real property” means either of the following: (1) A parcel of land that is improved with one to four residential dwelling units. (2) A residential separate interest and its appurtenant common area in a common interest development, regar…

“Recorded” has the meaning provided in Section 1170 of the Civil Code.

(a) “Revocable transfer on death deed” means an instrument created pursuant to this part that does all of the following: (1) Makes a donative transfer of real property to a named beneficiary. (2) Operates on the transferor’s death. (3) Remains revocable until the transferor’s dea…

“Stock cooperative” has the same meaning as in Section 4190 of the Civil Code.

“Subscribing witness” means a person who signs a revocable transfer on death deed as a witness, as provided in Section 5624.

“Transferor” means an owner of real property who makes a revocable transfer on death deed of the property.

“Unsecured debts” includes, but is not limited to, a transferor’s funeral expenses, expenses of a transferor’s last illness, and wage claims.

(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 …

Unless this part specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this part may be exercised by the personal representative without court authorization, instruction, approval, or confirmation. Not…

(a) In all cases where no other procedure is provided by statute, upon petition of the personal representative, the court may authorize and instruct the personal representative, or approve and confirm the acts of the personal representative, in the administration, management, inv…

(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, the court may direct the personal representative to act or not to act concerning the estate. The order may include terms and condit…

(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 specific property or circumstances or as to specific duties of the office, or may make any other order to secure proper performance of t…

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 following: (a) Enter into an agreement in writing with the third person to refer the dispute to a temporary judge designated in th…

If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may enter into an agreement in writing with the third person to submit the dispute to arbitration under Title 9 (commencing with Section 1280) of Part …

(a) Subject to subdivisions (b), (c), and (d): (1) Where there are two personal representatives, both must concur to exercise a power. (2) Where there are more than two personal representatives, a majority must concur to exercise a power. (b) If one of the joint personal represen…

(a) Except as provided in subdivision (b), where there is more than one personal representative, one personal representative is not liable for a breach of fiduciary duty committed by another of the personal representatives. (b) Where there is more than one personal representative…

Nothing in this part limits or restricts any authority granted to a personal representative under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400)) to administer the estate under that part. (Enacted by Stats. 1990, Ch. 79.)

(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 far as applicable, except where the court determines that application of a particular provision of this part would substantially in…