Title PROB, California Prob. Code

(a) A consultant who is or will be engaged in war service may delegate the powers of the consultant, including discretionary powers, to a coconsultant who is not engaged in war service, or to the trustee administering the trust. The procedure for delegation by a fiduciary governs…

If a consultant who is engaged in war service does not delegate the consultant’s powers, the court, on petition of the trustee or an interested person, may do either of the following: (a) Suspend the consultant’s powers for the period of the consultant’s war service and not to ex…

If a consultant has delegated or the court has suspended the powers of the consultant, the court may, on petition by the consultant within six months following the expiration of the period of the consultant’s war service, authorize the consultant to resume the exercise of the con…

A consultant who delegates powers under this article is not liable for the acts or omissions of the delegate. (Enacted by Stats. 1990, Ch. 79.)

(a) If a revocable transfer on death deed recorded on or before 60 days after the date it was acknowledged before a notary public and another instrument both purport to dispose of the same property: (1) If the other instrument makes a revocable disposition of the property, the la…

If, at the time of the transferor’s death, title to the property described in the revocable transfer on death deed is held in joint tenancy or as community property with right of survivorship, the revocable transfer on death deed is void. The transferor’s interest in the property…

(a) Chapter 2 (commencing with Section 5010) of Part 1 applies to a revocable transfer on death deed of community property. (b) For the purpose of application of Chapter 2 (commencing with Section 5010) of Part 1 to a revocable transfer on death deed of community property, writte…

A revocable transfer on death deed of community property with right of survivorship is subject to Section 5666, relating to a revocable transfer on death deed of community property. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of Januar…

In proceedings under this code concerning the administration of the decedent’s estate, a motion for a new trial may be made only in the following cases: (a) Contest of a will or revocation of probate of a will. (b) Cases in which a right to jury trial is expressly granted, whethe…

An attorney with whom a document has been deposited, or to whom a document has been transferred pursuant to this article, may terminate the deposit only as provided in this article. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)

An attorney may terminate the deposit by one of the following methods: (a) Personal delivery of the document to the depositor. (b) Mailing the document to the depositor’s last known address, by registered or certified mail with return receipt requested, and receiving a signed rec…

(a) An attorney may terminate a deposit under this section if the attorney has delivered notice pursuant to Section 1215 to reclaim the document to the depositor’s last known address and the depositor has failed to reclaim the document within 90 days after delivery. (b) Subject t…

(a) An attorney transferring one or more documents under Section 732 shall deliver notice pursuant to Section 1215 of the transfer to the State Bar of California. The notice shall contain all of the following information: (1) The name of the depositor. (2) The date of the transfe…

(a) In cases not governed by subdivision (b) or (c), after the death of the depositor an attorney may terminate a deposit by personal delivery of the document to the depositor’s personal representative. (b) If the document is a will and the attorney has actual notice that the dep…

(a) If the attorney is deceased or lacks legal capacity, a deposit may be terminated as provided in this article by the attorney’s law partner, by a shareholder of the attorney’s law corporation, or by a lawyer or nonlawyer employee of the attorney’s firm, partnership, or corpora…

Unless there is a contest of a will: (a) The will may be proved on the evidence of one of the subscribing witnesses only, if the evidence shows that the will was executed in all particulars as prescribed by law. (b) Evidence of execution of a will may be received by an affidavit …

If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may, if the will on its face conforms to all requirements of law, permit proof of the will by proof of the handwriting of the testator and one of the following: (…

A holographic will may be proved in the same manner as other writings. (Enacted by Stats. 1990, Ch. 79.)

The petition for probate of a lost or destroyed will shall include a written statement of the testamentary words or their substance. If the will is proved, the provisions of the will shall be set forth in the order admitting the will to probate. (Enacted by Stats. 1990, Ch. 79.)

The testimony of each witness in a proceeding concerning the execution or provisions of a will, the testamentary capacity of the decedent, and other issues of fact, may be reduced to writing, signed by the witness, and filed, whether or not the will is contested. The testimony so…

When the court admits a will to probate, that fact shall be recorded in the minutes by the clerk and the will shall be filed. (Enacted by Stats. 1990, Ch. 79.)

(a) If no person contests the validity of a will or petitions for revocation of probate of the will within the time provided in this chapter, admission of the will to probate is conclusive, subject to Section 8007. (b) Subject to subdivision (c), a will may be admitted to probate…

The probate referee, when designated by the court, shall be among the persons appointed by the Controller to act as a probate referee for the county. If there is no person available who is able to act or if, pursuant to authority of Section 8922 or otherwise, the court does not d…

The court may designate a person requested by the personal representative as probate referee, on a showing by the personal representative of good cause for the designation. The following circumstances are included within the meaning of good cause, as used in this section: (a) The…

The court has authority and discretion not to designate a particular person as probate referee even though appointed by the Controller to act as a probate referee for the county. (Enacted by Stats. 1990, Ch. 79.)

The court may not designate as probate referee any of the following persons: (a) The court clerk. (b) A partner or employee of the judge or commissioner who orders the designation. (c) The spouse of the judge or commissioner who orders the designation. (d) A person, or the spouse…

(a) The court shall remove the designated probate referee in any of the following circumstances: (1) The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. T…

Except to the extent that this article otherwise provides, the personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (Enacted by Stats. 1990, Ch. 79.)

(a) The personal representative has the power to manage and control property of the estate, including making allocations and determinations under the Uniform Principal and Income Act, Chapter 3 (commencing with Section 16320) of Part 4 of Division 9. Except as provided in subdivi…

(a) The personal representative has the power to enter into a contract in order to carry out the exercise of a specific power granted by this part, including, but not limited to, the powers granted by Sections 10531 and 10551. Except as provided in subdivision (b), the personal r…

(a) The personal representative has the power to do all of the following: (1) Deposit money belonging to the estate in an insured account in a financial institution in this state. (2) Invest money of the estate in any one or more of the following: (A) Direct obligations of the Un…

(a) Subject to the partnership agreement and the provisions of the Uniform Partnership Act of 1994 (Chapter 5 (commencing with Section 16100) of Title 2 of the Corporations Code), the personal representative has the power to continue as a general partner in any partnership in whi…

(a) The personal representative has the power to pay a reasonable family allowance. Except as provided in subdivision (b), the personal representative may exercise this power without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (b) The persona…

(a) The personal representative has the power to enter as lessor into a lease of property of the estate for any purpose (including, but not limited to, exploration for and production or removal of minerals, oil, gas, or other hydrocarbon substances or geothermal energy, including…

(a) The personal representative has the power to sell personal property of the estate or to exchange personal property of the estate for other property upon such terms and conditions as the personal representative may determine. Except as provided in subdivision (b), the personal…

(a) The personal representative has the following powers: (1) The power to grant an exclusive right to sell property for a period not to exceed 90 days. (2) The power to grant to the same broker one or more extensions of an exclusive right to sell property, each extension being f…

The following definitions apply for purposes of this article: (a) “Applicable value” means the amount of the net fair market value of a trust taken into account under Section 16336. (b) “Express unitrust” means a trust for which, under the terms of the trust without regard to thi…

(a) Except as otherwise provided in subdivision (b), this article applies to both of the following: (1) An income trust, unless the terms of the trust expressly prohibit use of this article by a specific reference to this article or an explicit expression of intent that net incom…

(a) A fiduciary, without court approval, by complying with subdivisions (b) and (f), may do any of the following: (1) Convert an income trust to a unitrust if the fiduciary creates in a record a unitrust plan for the trust providing for both of the following: (A) That in administ…

A notice required by paragraph (2) of subdivision (b) of Section 16332 shall be sent as required by Chapter 5 (commencing with Section 16500), including notice to a beneficiary who is a minor and to the minor’s guardian, if any, and shall include all of the following: (a) The act…

(a) In administering a unitrust under this article, a fiduciary shall follow a unitrust plan adopted under paragraph (1) or (2) of subdivision (a) of Section 16332, or amended or replaced under paragraph (2) of subdivision (a) of Section 16332. (b) A unitrust plan shall provide a…

(a) A unitrust rate may not be less than 3 percent, or greater than 5 percent, unless the unitrust plan has been approved by court order. If the unitrust plan has been approved by court order, any unitrust rate may be used. Except as otherwise provided in this subdivision and in …

(a) A unitrust plan shall provide the method for determining the fair market value of an asset for the purpose of determining the unitrust amount, including both of the following: (1) The frequency of valuing the asset, which need not require a valuation in every period. (2) The …

(a) A unitrust plan shall provide the period used under Sections 16335 and 16336. Except as otherwise provided in paragraph (3) of subdivision (b) of Section 16338, the period may be any of the following: (1) A calendar year. (2) A 12-month period other than a calendar year. (3) …

(a) A unitrust plan may include any of the following: (1) Provide methods and standards for all of the following: (A) Determining the timing of distributions. (B) Making distributions in money or in kind or partly in money and partly in kind. (C) Correcting an underpayment or ove…

(a) Several proposed transactions may be included in one petition and proceeding under this chapter. (b) The petition may contain inconsistent allegations and may request relief in the alternative. (Enacted by Stats. 1990, Ch. 79.)