Title PROB, California Prob. Code

A trustee has the following powers without the need to obtain court authorization: (a) The powers conferred by the trust instrument. (b) Except as limited in the trust instrument, the powers conferred by statute. (c) Except as limited in the trust instrument, the power to perform…

This chapter does not affect the power of a court to relieve a trustee from restrictions on the exercise of powers under the trust instrument. (Enacted by Stats. 1990, Ch. 79.)

The grant of a power to a trustee, whether by the trust instrument, by statute, or by the court, does not in itself require or permit the exercise of the power. The exercise of a power by a trustee is subject to the trustee’s fiduciary duties. (Enacted by Stats. 1990, Ch. 79.)

An instrument that incorporates the powers provided in former Section 1120.2 (repealed by Chapter 820 of the Statutes of 1986) shall be deemed to refer to the powers provided in Article 2 (commencing with Section 16220). For this purpose, the trustee’s powers under former Section…

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter: (a) “Generation-skipping transfer tax” means a tax imposed by any federal or California generation-skipping transfer tax law, now existing or hereafter enacted, a…

(a) This chapter does not apply to transferees of property of a decedent who died before January 1, 1987. (b) No inference as to the applicable law in effect before January 1, 1987, shall be drawn from the enactment of this chapter. (Enacted by Stats. 1990, Ch. 79.)

(a) The superior court has jurisdiction of guardianship and conservatorship proceedings. (b) Chapter 8 (commencing with Section 1980) of Part 3 governs which state has jurisdiction of a conservatorship proceeding. (Amended by Stats. 2014, Ch. 553, Sec. 22. (SB 940) Effective Janu…

The proper county for the commencement of a guardianship or conservatorship proceeding for a resident of this state is either of the following: (a) The county in which the proposed ward or proposed conservatee resides. (b) Such other county as may be in the best interests of the …

(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 either of the following: (1) The county in which the proposed ward or conservatee is temporarily living. (2) Such other county as may…

(a) If proceedings for the guardianship or conservatorship of the estate are commenced in more than one county, the guardianship or conservatorship of the estate first granted, including a temporary guardianship or conservatorship of the estate, governs and extends to all the pro…

(a) If a proceeding for the guardianship of the person of the minor is filed in one county and a custody or visitation proceeding has already been filed in one or more other counties, the following shall apply: (1) If the guardianship proceeding is filed in a county where the pro…

(a) Except as provided in Section 304 of the Welfare and Institutions Code, and subject to the provisions specified in subdivision (b), upon the filing of an order appointing a guardian of the person of a minor in a guardianship proceeding, including an order appointing a tempora…

(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 not affected by the lack or alleged lack of legal capacity of the other spouse. (b) Except as provided in subdivision (c), if one …

When community property is included or proposed to be included in the conservatorship estate of a spouse, the court in which the conservatorship proceeding is pending, upon its own motion or upon petition of a spouse having legal capacity or the conservator of either spouse and u…

(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 terminates the consent. (b) If a spouse consents under this article that community property be included in the conservatorship esta…

Except as otherwise provided in this part and subject to Section 3071, when community property is included in a conservatorship estate under this article for the purpose of management, control, and disposition, the conservator has the same powers and duties with respect to such p…

(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 of such spouse in the community property are being prejudiced may bring an action on behalf of such spouse to enforce the duty imp…

(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 property belonging to the guardianship estate, if any, of the minor. (b) In computing the “total estate of the minor” for the purpose…

(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 minor entitled to the custody of the minor to be held in trust for the minor until the minor reaches majority if the requirements o…

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 or delivery of other property pursuant to this article. (Enacted by Stats. 1990, Ch. 79.)

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 a provision. (Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)

Notwithstanding any other provision of this part, the rights of the parties in a nonprobate transfer of community property on death are subject to all of the following: (a) The terms of the instrument under which the nonprobate transfer is made. (b) A contrary state statute speci…

A provision of this chapter concerning rights between a married person and the person’s spouse in community property is relevant only to controversies between the person and spouse and their successors and does not affect the obligation of a holder of community property under an …

Nothing in this chapter limits the effect of a surviving spouse’s waiver of rights in community property under Chapter 1 (commencing with Section 140) of Part 3 of Division 2 or other instrument or agreement that affects a married person’s interest in community property. (Added b…

(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 married person, regardless of whether the provision for transfer of the property was executed by the person, or written consent to the …

Nothing in this chapter limits the application of principles of fraud, undue influence, duress, mistake, or other invalidating cause to a written consent to a provision for a nonprobate transfer of community property on death. (Added by Stats. 1992, Ch. 51, Sec. 6. Effective Janu…

An owner of real property who has the capacity to contract may make a revocable transfer on death deed of the property. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)

The transferor shall identify the beneficiary by name in a revocable transfer on death deed. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)

A revocable transfer on death deed is not effective unless all of the following conditions are satisfied: (a) The deed is signed by the transferor and dated. (b) The deed is signed by two witnesses who were present at the same time and who witnessed either the signing of the deed…

(a) Any person generally competent to be a witness may act as a witness to a revocable transfer on death deed. (b) A revocable transfer on death deed is not invalid because it is signed by an interested witness. (c) If a beneficiary of a revocable transfer on death deed is also a…

(a) A revocable transfer on death deed is not effective unless the deed is recorded on or before 60 days after the date it was acknowledged before a notary. (b) The transferor is not required to deliver a revocable transfer on death deed to the beneficiary during the transferor’s…

(a) If a revocable transfer on death deed is recorded for the same property for which another revocable transfer on death deed is recorded, the later executed deed is the operative instrument and its recordation revokes the earlier executed deed. (b) Revocation of a revocable tra…

The superior court has jurisdiction of proceedings under this code concerning the administration of the decedent’s estate. (Amended by Stats. 1994, Ch. 806, Sec. 22. Effective January 1, 1995.)

If the decedent was domiciled in this state at the time of death, the proper county for proceedings concerning administration of the decedent’s estate is the county in which the decedent was domiciled, regardless of where the decedent died. (Enacted by Stats. 1990, Ch. 79.)

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 of the decedent’s estate is one of the following: (a) If property of the nondomiciliary decedent is located in the county in which…

The notice of hearing of a petition for administration of a decedent’s estate, whether delivered under Article 2 (commencing with Section 8110) or published under Article 3 (commencing with Section 8120), shall state substantially as follows: NOTICE OF PETITION TO ADMINISTER ESTA…

(a) The inventory, including partial and supplemental inventories, shall include all property to be administered in the decedent’s estate. (b) The inventory shall particularly specify the following property: (1) Money owed to the decedent, including debts, bonds, and notes, with …

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 the testator, but is a specific devise of the debt or demand. The debt or demand shall be included in the inventory. If necessary, th…

(a) The personal representative shall take and subscribe an oath that the inventory contains a true statement of the property to be administered in the decedent’s estate of which the personal representative has knowledge, and particularly of money of the decedent and debts or dem…

(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 article, probate of the will in an ancillary administration proceeding is governed by this article. (b) If a nondomiciliary decedent’s w…

(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 authenticated copy of the will. (2) An authenticated copy of the order admitting the will to probate in the sister state or foreign nation or …

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 shall admit the will to probate in this state, and may not permit a contest or revocation of probate, unless one or more of the follo…

(a) Except as provided in subdivision (b), if a will of a nondomiciliary decedent was admitted to probate, or established or proved, in accordance with the laws of a foreign nation, the court shall admit the will to probate in this state, and may not permit a contest or revocatio…

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 domiciled in this state that is admitted to probate in this state. (Enacted by Stats. 1990, Ch. 79.)

The trustee has the power to collect, hold, and retain trust property received from a settlor or any other person until, in the judgment of the trustee, disposition of the property should be made. The property may be retained even though it includes property in which the trustee …

The trustee has the power to accept additions to the property of the trust from a settlor or any other person. (Enacted by Stats. 1990, Ch. 79.)