Title PROB, California Prob. Code

The trustee has the power to manage, control, divide, develop, improve, exchange, partition, change the character of, or abandon trust property or any interest therein. (Enacted by Stats. 1990, Ch. 79.)

The trustee has the power to encumber, mortgage, or pledge trust property for a term within or extending beyond the term of the trust in connection with the exercise of any power vested in the trustee. (Enacted by Stats. 1990, Ch. 79.)

The trustee has the power to do any of the following: (a) Make ordinary or extraordinary repairs, alterations, or improvements in buildings or other trust property. (b) Demolish any improvements. (c) Raze existing or erect new party walls or buildings. (Enacted by Stats. 1990, Ch…

The trustee has the power to do any of the following: (a) Subdivide or develop land. (b) Dedicate land to public use. (c) Make or obtain the vacation of plats and adjust boundaries. (d) Adjust differences in valuation on exchange or partition by giving or receiving consideration.…

The trustee has the power to enter into a lease for any purpose as lessor or lessee with or without the option to purchase or renew and for a term within or extending beyond the term of the trust. (Enacted by Stats. 1990, Ch. 79.)

The trustee has the power to enter into a lease or arrangement for exploration and removal of gas, oil, or other minerals or geothermal energy, and to enter into a community oil lease or a pooling or unitization agreement, and for a term within or extending beyond the term of the…

The trustee has the power to grant an option involving disposition of trust property or to take an option for the acquisition of any property, and an option may be granted or taken that is exercisable beyond the term of the trust. (Enacted by Stats. 1990, Ch. 79.)

With respect to any shares of stock of a domestic or foreign corporation, any membership in a nonprofit corporation, or any other property, a trustee has the power to do any of the following: (a) Vote in person, and give proxies to exercise, any voting rights with respect to the …

The trustee has the power to pay calls, assessments, and any other sums chargeable or accruing against or on account of securities. (Enacted by Stats. 1990, Ch. 79.)

The trustee has the power to sell or exercise stock subscription or conversion rights. (Enacted by Stats. 1990, Ch. 79.)

The trustee has the power to consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise, and to participate in voting trusts, pooling arrangements, and foreclosur…

The trustee has the power to hold a security in the name of a nominee or in other form without disclosure of the trust so that title to the security may pass by delivery. (Enacted by Stats. 1990, Ch. 79.)

The trustee has the power to deposit securities in a securities depository, as defined in Section 30004 of the Financial Code, which is licensed under Section 30200 of the Financial Code or is exempt from licensing by Section 30005 or 30006 of the Financial Code. The securities m…

The trustee has the power to insure the property of the trust against damage or loss and to insure the trustee against liability with respect to third persons. (Enacted by Stats. 1990, Ch. 79.)

The trustee has the power to borrow money for any trust purpose to be repaid from trust property. The lender may include, but is not limited to, a bank holding company, affiliate, or subsidiary of the trustee. (Enacted by Stats. 1990, Ch. 79.)

The trustee has the power to do any of the following: (a) Pay or contest any claim. (b) Settle a claim by or against the trust by compromise, arbitration, or otherwise. (c) Release, in whole or in part, any claim belonging to the trust. (Enacted by Stats. 1990, Ch. 79.)

The trustee has the power to pay taxes, assessments, reasonable compensation of the trustee and of employees and agents of the trust, and other expenses incurred in the collection, care, administration, and protection of the trust. (Enacted by Stats. 1990, Ch. 79.)

The trustee has the following powers: (a) To make loans out of trust property to the beneficiary on terms and conditions that the trustee determines are fair and reasonable under the circumstances. (b) To guarantee loans to the beneficiary by encumbrances on trust property. (Enac…

The trustee has the power to pay any sum of principal or income distributable to a beneficiary, without regard to whether the beneficiary is under a legal disability, by paying the sum to the beneficiary or by paying the sum to another person for the use or benefit of the benefic…

The trustee has the power to effect distribution of property and money in divided or undivided interests and to adjust resulting differences in valuation. A distribution in kind may be made pro rata or non pro rata, and may be made pursuant to any written agreement providing for …

The trustee has the power to hire persons, including accountants, attorneys, auditors, investment advisers, appraisers (including probate referees appointed pursuant to Section 400), or other agents, even if they are associated or affiliated with the trustee, to advise or assist …

The trustee has the power to execute and deliver all instruments which are needed to accomplish or facilitate the exercise of the powers vested in the trustee. (Enacted by Stats. 1990, Ch. 79.)

The trustee has the power to prosecute or defend actions, claims, or proceedings for the protection of trust property and of the trustee in the performance of the trustee’s duties. (Amended by Stats. 2001, Ch. 49, Sec. 5. Effective January 1, 2002.)

(a) Except as provided in subdivision (b), any generation-skipping transfer tax shall be equitably prorated among the transferees in the manner prescribed in this article. (b) This section does not apply: (1) To the extent the transferor in a written instrument transferring prope…

The proration required by this article shall be made in the proportion that the value of the property received by each transferee bears to the total value of all property received by all transferees, subject to the provisions of this article. (Enacted by Stats. 1990, Ch. 79.)

In making a proration required by this article: (a) Allowances shall be made for credits, exemptions, and deductions allowed for the purpose of determining the tax payable. (b) Interest and penalties on any deficiency shall be charged to equitably reflect the benefits and burdens…

If a trust is created or other provision made whereby a transferee is given an interest in income, or an estate for years or for life, or another temporary interest in property, the tax on both the temporary interest and other interests in the property shall be charged against, a…

(a) If all property does not come into the possession of the trustee, the trustee is entitled, and has the duty, to recover from the transferees, the proportionate amount of the tax with which the transferees are chargeable under this chapter. (b) If the trustee cannot collect fr…

(a) If a person is charged with, or required to pay, a generation-skipping transfer tax greater than the amount prorated to that person because another person does not pay the amount of generation-skipping transfer tax prorated to the other person, the person charged with or requ…

As used in this article: (a) “Guardian or conservator” includes a proposed guardian or proposed conservator. (b) “Ward or conservatee” includes a proposed ward or proposed conservatee. (Enacted by Stats. 1990, Ch. 79.)

The court in which a guardianship or conservatorship proceeding is pending may, upon petition therefor, transfer the proceeding to another county within this state. (Enacted by Stats. 1990, Ch. 79.)

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. (c) The spouse of the ward or the spouse or domestic partner of the conservatee. (d) A relative or friend of the ward or conservatee. (e) Any…

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 address of the ward or conservatee. (c) A brief description of the character, value, and location of the property of the ward or conservat…

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, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to all…

(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) Any person required to be listed in the petition. (2) Any creditor of the ward or conservatee or of the estate. (3) Any other interest…

(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 copy of the order, together with all papers in the proceeding on file with the clerk. (b) The clerk of the court from which the rem…

(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 confirm receipt of the notification described in subdivision (b). If the notification has not been made, the transferring court shall m…

If the requirements of this article are satisfied with respect to a transaction described in Section 3071, the transaction is deemed to satisfy the joinder or consent requirements of the statute referred to in that section. (Enacted by Stats. 1990, Ch. 79.)

(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 statute, if one or both spouses lacks legal capacity for the transaction, the requirement of joinder or consent shall be satisfied …

(a) Except as provided in subdivision (b), a conservator may join in or consent to a transaction under Section 3071 only after authorization by either of the following: (1) An order of the court obtained in the conservatorship proceeding upon a petition filed pursuant to Section …

(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 Family Code or other statute that applies to the transaction. (b) The joinder or consent under Section 3071 of a conservator shall b…

Notwithstanding any other provision of this article, a transaction that affects real property, entered into by a person acting in good faith and for a valuable consideration, is not affected by the fact that one or both spouses have conservators unless a notice of the establishme…

(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 estate is money. (2) Where the minor has no guardian of the estate and there is money belonging to the minor. (b) This article does not…

(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 minor may file a petition requesting that the court make an order under this article. (b) The petition shall be filed in the superio…

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 estate be terminated and, if the court so orders, the court in its discretion shall also order any one or more of the following: (a) …

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 and that the money be paid to the guardian or the court may order any one or more of the following: (a) That the money be deposited…