Title PROB — California Prob. Code

Any interested person, or a sister state or foreign nation personal representative, may commence an ancillary administration proceeding by a petition to the court for either or both of the following: (a) Probate of the nondomiciliary decedent’s will. (b) Appointment of a local pe…

The proper county for an ancillary administration proceeding under this chapter is the county determined pursuant to Section 7052. (Enacted by Stats. 1990, Ch. 79.)

Notice of an ancillary administration proceeding shall be given and, except as provided in Article 2 (commencing with Section 12520), the same proceedings had as in the case of a petition for probate of a will or appointment of a personal representative of a person who dies domic…

If the decedent dies while domiciled in a sister state, a personal representative appointed by a court of the decedent’s domicile has priority over all other persons except where the decedent’s will nominates a different person to be the personal representative in this state. The…

(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.)

Except to the extent otherwise provided in this chapter, ancillary administration of a decedent’s estate is subject to all other provisions of this code concerning the administration of the decedent’s estate, including, but not limited to, opening estate administration, inventory…

(a) If a person dies while domiciled in a sister state, the court in an ancillary administration proceeding may make an order for preliminary or final distribution of all or part of the decedent’s personal property in this state to the sister state personal representative if dist…

If necessary to make distribution pursuant to this article, real property in the nondomiciliary decedent’s estate may be sold and the court may order the proceeds to be distributed to the sister state personal representative. The sale shall be made in the same manner as other sal…

If the nondomiciliary decedent’s estate in the sister state where the decedent was domiciled is insolvent, distribution may be made only to the sister state personal representative and not to the beneficiaries. (Enacted by Stats. 1990, Ch. 79.)

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…

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.)

(a) Subject to subdivision (b), the trustee has the power to continue or participate in the operation of any business or other enterprise that is part of the trust property and may effect incorporation, dissolution, or other change in the form of the organization of the business …

(a) In the absence of an express provision to the contrary in a trust instrument, where the instrument directs or permits investment in obligations of the United States government, the trustee has the power to invest in those obligations directly or in the form of an interest in …

(a) The trustee has the power to deposit trust funds at reasonable interest in any of the following accounts: (1) An insured account in a financial institution. (2) To the extent that the account is collateralized, an account in a bank, an account in an insured savings and loan a…

The trustee has the power to acquire or dispose of property, for cash or on credit, at public or private sale, or by exchange. (Enacted by Stats. 1990, Ch. 79.)

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.

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) 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.)