Title PROB — California Prob. Code

(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 guardian for guardianship shall be filed with the court by the agency investigating the adoption. In other cases, the local agency …

(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 instrument or the trust instrument as modified, or signing a separate written acceptance. (2) Knowingly exercising powers or performing dut…

(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 the trust or a modification of the trust by a method provided in subdivision (a) of Section 15600 within a reasonable time after learni…

(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) A bond is required by the trust instrument. (2) Notwithstanding a waiver of a bond in the trust instrument, a bond is found by the cou…

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 the court file shows the incumbency of the trustee. (Enacted by Stats. 1990, Ch. 79.)

(a) Notwithstanding any other provision of law, a nonprofit charitable corporation may be appointed as trustee of a trust created pursuant to this division, if all of the following conditions are met: (1) The corporation is incorporated in this state. (2) The articles of incorpor…

Unless otherwise provided in the trust instrument, a power vested in two or more trustees may only be exercised by their unanimous action. (Enacted by Stats. 1990, Ch. 79.)

Unless otherwise provided in the trust instrument, if a vacancy occurs in the office of a cotrustee, the remaining cotrustee or cotrustees may act for the trust as if they are the only trustees. (Enacted by Stats. 1990, Ch. 79.)

Unless otherwise provided in the trust instrument, if a cotrustee is unavailable to perform the duties of the cotrustee because of absence, illness, or other temporary incapacity, the remaining cotrustee or cotrustees may act for the trust, as if they are the only trustees, where…

A trustee who has accepted the trust may resign only by one of the following methods: (a) As provided in the trust instrument. (b) In the case of a revocable trust, with the consent of the person holding the power to revoke the trust. (c) In the case of a trust that is not revoca…

The liability for acts or omissions of a resigning trustee or of the sureties on the trustee’s bond, if any, is not released or affected in any manner by the trustee’s resignation. (Enacted by Stats. 1990, Ch. 79.)

(a) A trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on petition of a settlor, cotrustee, or beneficiary under Section 17200. (b) The grounds for removal of a trustee by the court include the following: (1) Where the trustee has…

There is a vacancy in the office of trustee in any of the following circumstances: (a) The person named as trustee rejects the trust. (b) The person named as trustee cannot be identified or does not exist. (c) The trustee resigns or is removed. (d) The trustee dies. (e) A conserv…

When a vacancy has occurred in the office of trustee, the former trustee who holds property of the trust shall deliver the trust property to the successor trustee or a person appointed by the court to receive the property and remains responsible for the trust property until it is…

If the trustee of a trust that is not revocable has refused to transfer administration of the trust to a successor trust company on request of the beneficiaries described in subdivision (c) of Section 15640 and the court in subsequent proceedings under Section 17200 makes an orde…

(a) If the trust has no trustee or if the trust instrument requires a vacancy in the office of a cotrustee to be filled, the vacancy shall be filled as provided in this section. (b) If the trust instrument provides a practical method of appointing a trustee or names the person to…

(a) The court may appoint as trustee of a trust the public guardian or public administrator of the county in which the matter is pending subject to the following requirements: (1) Neither the public guardian nor the public administrator shall be appointed as trustee unless the co…

(a) Subject to subdivision (b), and except as provided in Section 15688, if the trust instrument provides for the trustee’s compensation, the trustee is entitled to be compensated in accordance with the trust instrument. (b) Upon proper showing, the court may fix or allow greater…

If the trust instrument does not specify the trustee’s compensation, the trustee is entitled to reasonable compensation under the circumstances. (Enacted by Stats. 1990, Ch. 79.)

The court may fix an amount of periodic compensation under Sections 15680 and 15681 to continue for as long as the court determines is proper. (Enacted by Stats. 1990, Ch. 79.)

Unless the trust instrument otherwise provides or the trustees otherwise agree, if the trust has two or more trustees, the compensation shall be apportioned among the cotrustees according to the services rendered by them. (Enacted by Stats. 1990, Ch. 79.)

A trustee is entitled to the repayment out of the trust property for the following: (a) Expenditures that were properly incurred in the administration of the trust. (b) To the extent that they benefited the trust, expenditures that were not properly incurred in the administration…

The trustee has an equitable lien on the trust property as against the beneficiary in the amount of advances, with any interest, made for the protection of the trust, and for expenses, losses, and liabilities sustained in the administration of the trust or because of ownership or…

(a) As used in this section, “trustee’s fee” includes, but is not limited to, the trustee’s periodic base fee, rate of percentage compensation, minimum fee, hourly rate, and transaction charge, but does not include fees for extraordinary services. (b) A trustee shall not charge a…

(a) Notwithstanding any provision of a trust to the contrary, a trustee who is an attorney may receive only (1) the trustee’s compensation provided in the trust or otherwise provided in this article or (2) compensation for legal services performed for the trustee, unless the trus…

Notwithstanding any other provision of this article and the terms of the trust, a public guardian or public administrator who is appointed as a trustee of a trust pursuant to Section 15660.5 shall be paid from the trust property for all of the following: (a) Reasonable expenses i…

On acceptance of the trust, the trustee has a duty to administer the trust according to the trust instrument and, except to the extent the trust instrument provides otherwise, according to this division. (Enacted by Stats. 1990, Ch. 79.)

(a) Except as provided in subdivision (b), the trustee of a revocable trust shall follow any written direction acceptable to the trustee given from time to time (1) by the person then having the power to revoke the trust or the part thereof with respect to which the direction is …

(a) The trustee has a duty to administer the trust solely in the interest of the beneficiaries. (b) It is not a violation of the duty provided in subdivision (a) for a trustee who administers two trusts to sell, exchange, or participate in the sale or exchange of trust property b…

If a trust has two or more beneficiaries, the trustee has a duty to deal impartially with them and shall act impartially in investing and managing the trust property, taking into account any differing interests of the beneficiaries.

(a) The trustee has a duty not to use or deal with trust property for the trustee’s own profit or for any other purpose unconnected with the trust, nor to take part in any transaction in which the trustee has an interest adverse to the beneficiary. (b) The trustee may not enforce…

(a) A trustee may not require a beneficiary to relieve the trustee of liability as a condition for making a distribution or payment to, or for the benefit of, the beneficiary, if the distribution or payment is required by the trust instrument. (b) This section may not be construe…

The trustee of one trust has a duty not to knowingly become a trustee of another trust adverse in its nature to the interest of the beneficiary of the first trust, and a duty to eliminate the conflict or resign as trustee when the conflict is discovered. (Enacted by Stats. 1990, …

The trustee has a duty to take reasonable steps under the circumstances to take and keep control of and to preserve the trust property. (Enacted by Stats. 1990, Ch. 79.)

The trustee has a duty to make the trust property productive under the circumstances and in furtherance of the purposes of the trust. (Enacted by Stats. 1990, Ch. 79.)

The trustee has a duty to do the following: (a) To keep the trust property separate from other property not subject to the trust. (b) To see that the trust property is designated as property of the trust. (Enacted by Stats. 1990, Ch. 79.)

The trustee has a duty to take reasonable steps to enforce claims that are part of the trust property. (Enacted by Stats. 1990, Ch. 79.)

The trustee has a duty to take reasonable steps to defend actions that may result in a loss to the trust. (Enacted by Stats. 1990, Ch. 79.)

(a) The trustee has a duty not to delegate to others the performance of acts that the trustee can reasonably be required personally to perform and may not transfer the office of trustee to another person nor delegate the entire administration of the trust to a cotrustee or other …

If a trust has more than one trustee, each trustee has a duty to do the following: (a) To participate in the administration of the trust. (b) To take reasonable steps to prevent a cotrustee from committing a breach of trust or to compel a cotrustee to redress a breach of trust. (…

(a) The trustee has a duty to apply the full extent of the trustee’s skills. (b) If the settlor, in selecting the trustee, has relied on the trustee’s representation of having special skills, the trustee is held to the standard of the skills represented. (Enacted by Stats. 1990, …

The provision of services for compensation by a regulated financial institution or its affiliates in the ordinary course of business either to a trust of which it also acts as trustee or to a person dealing with the trust is not a violation of the duty provided in Section 16002 o…

(a) The trustee shall administer the trust with reasonable care, skill, and caution under the circumstances then prevailing that a prudent person acting in a like capacity would use in the conduct of an enterprise of like character and with like aims to accomplish the purposes of…

A trustee’s standard of care and performance in administering the trust is not affected by whether or not the trustee receives any compensation. (Enacted by Stats. 1990, Ch. 79.)

(a) Notwithstanding the requirements of this article, Article 2.5 (commencing with Section 16045), and the terms of the trust, all trust funds that come within the custody of the public guardian who is appointed as trustee of the trust pursuant to Section 15660.5 may be deposited…

This article, together with subdivision (a) of Section 16002 and Section 16003, constitutes the prudent investor rule and may be cited as the Uniform Prudent Investor Act.

(a) Except as provided in subdivision (b), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule. (b) The settlor may expand or restrict the prudent investor rule by express provisions in the trust in…

(a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution. (b) A …

In making and implementing investment decisions, the trustee has a duty to diversify the investments of the trust unless, under the circumstances, it is prudent not to do so.

Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, …