Title PROB — California Prob. Code

(a) At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the time and place of the hearing and a copy of the petition to be served upon any nonpetitioning spouse not alleged to lack legal capacity for the proposed transaction. (b) Service un…

(a) A conservator served pursuant to this article shall, and the Director of State Hospitals or the Director of Developmental Services given notice pursuant to Section 1461 may, appear at the hearing and represent a spouse alleged to lack legal capacity for the proposed transacti…

(a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the spouse shall be produced at the hearing unless unable to attend the hearing. (b) If the spouse is not able to attend the hearing because of medical inability, such inability…

(a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the court, before commencement of the hearing on the merits, shall inform the spouse of all of the following: (1) A determination of lack of legal capacity for the proposed tran…

(a) If the petition requests that the court make an order declaring a spouse to have legal capacity for the proposed transaction and the court determines that the spouse has legal capacity for the proposed transaction, the court shall so order. (b) If the petition alleges that a …

(a) The court may authorize the proposed transaction if the court determines all of the following: (1) The property that is the subject of the proposed transaction is community property of the spouses, and, if the proposed transaction involves property in which a spouse also has …

A court determination pursuant to this chapter that a spouse lacks legal capacity for the proposed transaction affects the legal capacity of the spouse for that transaction alone and has no effect on the legal capacity of the spouse for any other purpose. (Enacted by Stats. 1990,…

(a) Unless the court for good cause dispenses with the bond, the court shall require the petitioner to give a bond, in the amount fixed by the court, conditioned on the duty of the petitioner to account for and apply the proceeds of the transaction to be received by the petitione…

(a) The petitioner shall, upon receipt of the consideration therefor, execute, acknowledge, and deliver any necessary instruments or documents as directed by the court, setting forth therein that they are made by authority of the order. (b) The petitioner shall cause a certified …

A sale, conveyance, assignment, transfer, exchange, encumbrance, security interest, mortgage, deed of trust, lease, dedication, release, or relinquishment, and any instrument or document, made pursuant to the court’s order, is as valid and effectual as if the property affected th…

Notes, encumbrances, security interests, mortgages, leases, or deeds of trust, executed as provided in this chapter by a petitioning conservator create no personal liability against the conservator so executing, unless the conservator is one of the spouses and then only to the ex…

(a) If any party to the transaction, other than the petitioner, does not consummate a transaction authorized by the court, the court, on application of the petitioner, after such notice to the parties to the transaction as the court directs, may vacate the order authorizing the t…

(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.)

(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.)

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) 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.

Notwithstanding any other statute governing priorities among creditors, a creditor of the transferor whose right is evidenced at the time of the transferor’s death by an encumbrance or lien of record on property transferred by a revocable transfer on death deed has priority again…

Each beneficiary is personally liable to the extent provided in Section 5674 for the unsecured debts of the transferor. Any such debt may be enforced against the beneficiary in the same manner as it could have been enforced against the transferor if the transferor had not died. I…

(a) A beneficiary is not liable under Section 5672 if proceedings for the administration of the transferor’s estate are commenced and the beneficiary satisfies the requirements of Section 5677 or 5678. (b) The personal liability of a beneficiary under Section 5672 shall not excee…

(a) If proceedings for the administration of the transferor’s estate are commenced, a beneficiary of a revocable transfer on death deed is personally liable to the estate for a share of the transferor’s unsecured debts. (b) In calculating the beneficiary’s share of liability unde…

(a) If proceedings for the administration of the transferor’s estate are commenced, a beneficiary who receives property from the transferor under a revocable transfer on death deed may voluntarily return that property to the transferor’s estate for administration. (b) Property re…

A depositor may terminate a deposit on demand, in which case the attorney shall deliver the document to the depositor.

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…

(a) When a judgment or order made pursuant to the provisions of this code concerning the administration of the decedent’s estate becomes final, it releases the personal representative and the sureties from all claims of the heirs or devisees and of any persons affected thereby ba…

As used in this article, “transaction” means a transaction affecting title to property in the estate, including, but not limited to, the following: (a) In the case of real property, a conveyance (including a sale, option, or order confirming a sale or option), a lease, the creati…

If a transaction affecting real property in the estate is executed by the personal representative in accordance with the terms of a court order, the instrument shall include a statement that the transaction is made by authority of the order authorizing or directing the transactio…

A transaction executed by the personal representative in accordance with an order authorizing or directing the transaction has the same effect as if the decedent were living at the time of the transaction and had carried it out in person while having legal capacity to do so. (Ena…

If an order is made setting apart a probate homestead, confirming a sale or making a distribution of real property, or determining any other matter affecting title to real property in the estate, the personal representative shall record a certified copy of the order in the office…

Where compensation, pension, insurance, or other allowance is made or awarded by a department or bureau of the United States government to a decedent’s estate, the department or bureau has the same right as an interested person to do any of the following: (a) Request special noti…

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.

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…

(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…