Title PROB, California Prob. Code

This section shall be known, and may be cited, as the Uniform Fiduciary Income and Principal Act. (Repealed and added by Stats. 2023, Ch. 28, Sec. 2. (SB 522) Effective January 1, 2024.)

The following definitions apply for purposes of this chapter: (a) “Accounting period” means a calendar year, unless a fiduciary selects another period of 12 calendar months or approximately 12 calendar months. The term includes a part of a calendar year or another period of 12 ca…

Except as otherwise provided in the terms of a trust or this chapter, this chapter applies to the following: (a) A trust or an estate. (b) A life estate or other term interest in which the interest of one or more persons will be succeeded by the interest of one or more other pers…

Except as otherwise provided in the terms of a trust or this chapter, this chapter applies when this state is the principal place of administration of a trust or estate or the situs of property that is not held in a trust or estate and is subject to a life estate or other term in…

(a) As used in this chapter, “transaction” means a transaction that involves community real or personal property, tangible or intangible, or an interest therein or a lien or encumbrance thereon, including, but not limited to, those transactions with respect thereto as are listed …

(a) A proceeding may be brought under this chapter for a court order authorizing a proposed transaction, whether or not the proposed transaction is one that otherwise would require the joinder or consent of both spouses, if both of the following conditions are satisfied: (1) One …

The transactions that may be the subject of a proceeding under this chapter include, but are not limited to: (a) Sale, conveyance, assignment, transfer, exchange, conveyance pursuant to a preexisting contract, encumbrance by security interest, deed of trust, mortgage, or otherwis…

(a) A fiduciary who is or will be engaged in war service may delegate the fiduciary’s powers, including discretionary powers, to a fiduciary who is not engaged in war service. Delegation may be made for the period during which the original fiduciary is engaged in war service and …

The right of delegation does not exist to the extent the court determines that powers to be delegated are purely personal to the original fiduciary. (Enacted by Stats. 1990, Ch. 79.)

After the expiration of the original fiduciary’s war service, the court may, on petition of the original fiduciary, authorize the original fiduciary to resume the exercise of the fiduciary functions, and the delegated powers cease. (Enacted by Stats. 1990, Ch. 79.)

The original fiduciary is not liable for the acts or omissions of the delegate. (Enacted by Stats. 1990, Ch. 79.)

During the transferor’s life, execution and recordation of a revocable transfer on death deed: (a) Does not affect the ownership rights of the transferor, and the transferor or the transferor’s agent or other fiduciary may convey, assign, contract, encumber, or otherwise deal wit…

(a) A revocable transfer on death deed transfers all of the transferor’s interest in the property on the transferor’s death according to the following rules: (1) Subject to the beneficiary’s right to disclaim the transfer, the interest in the property is transferred to the benefi…

(a) For the purpose of determination of eligibility for health care under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, execution and recordation of a revocable transfer on deat…

For the purpose of application of the property taxation and documentary transfer tax provisions of the Revenue and Taxation Code: (a) Execution and recordation of, or revocation of, a revocable transfer on death deed of real property is not a change in ownership of the property a…

A court in which the transferor’s estate is being administered may, on the petition of the personal representative or interested person, or on its own motion, apply the doctrine of cy pres to reform a revocable transfer on death deed that was made by the transferor for a charitab…

An error or ambiguity in describing property or designating a beneficiary does not invalidate a revocable transfer on death deed if the transferor’s intention can be determined by a court. The general law that governs judicial construction or reformation of an error or ambiguity …

A depositor may terminate a deposit on demand, in which case the attorney shall deliver the document to the depositor. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)

(a) Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following: (1) Deliver the will, personally or by registered or certified mail, to the clerk of the su…

If, on petition to the superior court of the county in which the estate of the decedent is being or may be administered alleging that a person has possession of a decedent’s will, the court is satisfied that the allegation is true, the court shall order the person to produce the …

If the will of a person who was domiciled in this state at the time of death is detained in a court of any other state or country and cannot be produced for probate in this state, a certified photographic copy of the will may be admitted to probate in this state with the same for…

If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the testator’s estate, that court may order the will transferred to the clerk of the superior court in a county in which such a proceeding is pending. A pet…

The appraisal of property in the inventory shall be made by the personal representative, probate referee, or independent expert as provided in this chapter. (Enacted by Stats. 1990, Ch. 79.)

The personal representative shall appraise the following property, excluding items whose fair market value is, in the opinion of the personal representative, an amount different from the face value of the property: (a) Money and other cash items. As used in this subdivision, a “c…

Except as otherwise provided by statute: (a) The personal representative shall deliver the inventory to the probate referee designated by the court, together with necessary supporting data to enable the probate referee to make an appraisal of the property in the inventory to be a…

(a) The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section. (b) The personal representative may apply for a waiver together with the petition for appointment of the personal representative or together with another petition, or m…

(a) A unique, artistic, unusual, or special item of tangible personal property that would otherwise be appraised by the probate referee may, at the election of the personal representative, be appraised by an independent expert qualified to appraise the item. (b) The personal repr…

A person who appraises property, whether a personal representative, probate referee, or independent expert, shall sign the appraisal as to property appraised by that person, and shall take and subscribe an oath that the person has truly, honestly, and impartially appraised the pr…

(a) At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the court a written objection to the appraisal. (b) The clerk shall fix a time, not less than 15 days after the filing, for a…

Neither the personal representative nor the attorney for the personal representative is entitled to receive compensation for extraordinary services by reason of appraising any property in the estate. (Amended by Stats. 1991, Ch. 82, Sec. 24. Effective June 30, 1991. Operative Jul…

A probate referee who appraises property in the estate shall, upon demand by the personal representative or by a beneficiary: (a) Provide any appraisal report or backup data in the possession of the probate referee used by the referee to appraise an item of property. The probate …

A probate referee who appraises property in an estate shall retain possession of all appraisal reports and backup data used by the referee to appraise the property for a period of three years after the appraisal is filed. The probate referee shall, during the three-year period, o…

The personal representative may exercise the powers described in this article only if the requirements of Chapter 4 (commencing with Section 10580) (notice of proposed action procedure) are satisfied. (Enacted by Stats. 1990, Ch. 79.)

The personal representative who has full authority has the power to sell or exchange real property of the estate. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to sell or incorporate any of the following: (a) An unincorporated business or venture in which the decedent was engaged at the time of the decedent’s death. (b) An unincorporated business or venture which was wholly or partly owned by th…

The personal representative has the power to abandon tangible personal property where the cost of collecting, maintaining, and safeguarding the property would exceed its fair market value. (Enacted by Stats. 1990, Ch. 79.)

(a) Subject to subdivision (b), the personal representative has the following powers: (1) The power to borrow. (2) The power to place, replace, renew, or extend any encumbrance upon any property of the estate. (b) Only a personal representative who has full authority has the powe…

The personal representative who has full authority has the power to grant an option to purchase real property of the estate for a period within or beyond the period of administration. (Enacted by Stats. 1990, Ch. 79.)

If the will gives a person the option to purchase real or personal property and the person has complied with the terms and conditions stated in the will, the personal representative has the power to convey or transfer the property to the person. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to convey or transfer real or personal property to complete a contract entered into by the decedent to convey or transfer the property. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to allow, compromise, or settle any of the following: (a) A third-party claim to real or personal property if the decedent died in possession of, or holding title to, the property. (b) The decedent’s claim to real or personal property tit…

The personal representative has the power to make a disclaimer. (Enacted by Stats. 1990, Ch. 79.)

If the time for filing claims has expired and it appears that the distribution may be made without loss to creditors or injury to the estate or any interested person, the personal representative has the power to make preliminary distributions of the following: (a) Income received…

(a) In making an allocation or determination or exercising discretion under this chapter, all of the following apply: (1) A fiduciary shall act in good faith, based on what is fair and reasonable to all beneficiaries. (2) A fiduciary shall administer a trust or decedent’s estate …

(a) For purposes of this section, “fiduciary decision” means any of the following: (1) A fiduciary’s allocation between income and principal or another determination regarding income and principal required or authorized by the terms of the trust or this chapter. (2) The fiduciary…

(a) Except as otherwise provided in the terms of a trust or this section, a fiduciary, in a record, without court approval, may adjust between income and principal if the fiduciary determines the exercise of the power to adjust will assist the fiduciary in administering the trust…