Title PROB, California Prob. Code

The procedure provided in this chapter is in addition to, and not in lieu of, any other method of collecting compensation owed to a decedent. (Enacted by Stats. 1990, Ch. 79.)

(a) The court may appoint private legal counsel for a ward, a proposed ward, a conservatee, or a proposed conservatee in any proceeding under this division if the court determines the person is not otherwise represented by legal counsel and that the appointment would be helpful t…

(a) If a conservatee, proposed conservatee, or person alleged to lack legal capacity is not represented by legal counsel and does not plan to retain counsel, whether or not that person lacks or appears to lack legal capacity, the court shall, at or before the time of the hearing,…

(a) If a person is furnished legal counsel under Section 1471: (1) The court shall, upon conclusion of the matter, fix a reasonable sum for compensation and expenses of counsel and shall make a determination of the person’s ability to pay all or a portion of that sum. The sum may…

If an Indian custodian or biological parent of an Indian child lacks the financial ability to retain counsel and requests the appointment of counsel in proceedings described in Section 1459.5, the provisions of subsection (b) of Section 1912 of the Indian Child Welfare Act (25 U.…

Except as provided in Section 19054, if the trustee has knowledge of a creditor of the deceased settlor, the trustee shall give notice to the creditor. The notice shall be given as provided in Section 1215. For the purpose of this section, a trustee has knowledge of a creditor of…

The notice shall be given before expiration of the later of the following times: (a) Four months after the first publication of notice under Section 19040. (b) Thirty days after the trustee first has knowledge of the creditor. (Amended by Stats. 2007, Ch. 159, Sec. 15. Effective …

The notice shall be in substantially the following form: NOTICE TO CREDITORS OF _____________ # ____________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _________ Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having clai…

(a) If the trustee believes that notice to a particular creditor is or may be required by this chapter and gives notice based on that belief, the trustee is not liable to any person for giving the notice, whether or not required by this chapter. (b) If the trustee fails to give n…

Notwithstanding Section 19050, the trustee need not give notice to a creditor even though the trustee has knowledge of the creditor if either of the following conditions is satisfied: (a) The creditor has filed a claim as provided in this part. (b) The creditor has demanded payme…

This part applies to all instruments, regardless of when they were executed. (Amended by Stats. 2002, Ch. 138, Sec. 41. Effective January 1, 2003.)

This part does not apply if the decedent died before January 1, 1998. The law applicable prior to January 1, 1998, applies if the decedent died before January 1, 1998. (Added by Stats. 1997, Ch. 724, Sec. 34. Effective January 1, 1998.)

All funds coming into the custody of the public guardian shall be deposited or invested in the same manner and subject to the same terms and conditions as deposit or investment by the public administrator of money in an estate pursuant to Article 3 (commencing with Section 7640) …

The public guardian may, if necessary and in the public guardian’s discretion, employ private attorneys where the cost of employment can be defrayed out of estate funds or where satisfactory pro bono or contingency fee arrangements can be made. (Enacted by Stats. 1990, Ch. 79.)

The public guardian shall be paid from the estate of the ward or conservatee for all of the following: (a) Reasonable expenses incurred in the execution of the guardianship or conservatorship. (b) Compensation for services of the public guardian and the attorney of the public gua…

(a) Notwithstanding subdivision (c) of Section 2610, the property described in the inventory may be appraised by the public guardian and need not be appraised by a probate referee if the public guardian files with the inventory an appraisal showing that the estimated value of the…

The public guardian is not liable for failing to take possession or control of property that is beyond the ability of the public guardian to possess or control. (Enacted by Stats. 1990, Ch. 79.)

Before implementing a health care decision made for a patient, a supervising health care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective Janua…

(a) A supervising health care provider who knows of the existence of an advance health care directive, a revocation of an advance health care directive, or a designation or disqualification of a surrogate, shall promptly record its existence in the patient’s health care record an…

A primary physician who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists affecting an individual health care instruction or the authority of an agent, conservator of the person, or surrogate, shall promptly r…

Except as provided in Sections 4734 and 4735, a health care provider or health care institution providing care to a patient shall do the following: (a) Comply with an individual health care instruction of the patient and with a reasonable interpretation of that instruction made b…

(a) A health care provider may decline to comply with an individual health care instruction or health care decision for reasons of conscience. (b) A health care institution may decline to comply with an individual health care instruction or health care decision if the instruction…

A health care provider or health care institution may decline to comply with an individual health care instruction or health care decision that requires medically ineffective health care or health care contrary to generally accepted health care standards applicable to the health …

A health care provider or health care institution that declines to comply with an individual health care instruction or health care decision shall do all of the following: (a) Promptly so inform the patient, if possible, and any person then authorized to make health care decision…

(a) Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Any multiple-party account may be paid, on request and according to its terms, to any one or more of the parties or agents. (b) The terms of the ac…

Any sums in a joint account may be paid, on request and according to its terms, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded; but payment may not be made to the personal representative or heirs of a deceas…

Any P.O.D. account may be paid, on request and according to its terms, to any original party to the account. Payment may be made, on request, to the P. O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the financial institution …

Any Totten trust account may be paid, on request and according to its terms, to any trustee. Unless the financial institution has received written notice that the beneficiary has a vested interest not dependent upon surviving the trustee, payment may be made to the personal repre…

(a) Payment made pursuant to Section 5401, 5402, 5403, or 5404 discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, P.O.D. payees, or beneficiaries, or th…

The provisions of this chapter that apply to the payment of a Totten trust account apply to an account in the name of one or more parties as trustee for one or more other persons if the financial institution has no other or further notice in writing that the account is not a Tott…

If a financial institution is required or permitted to make payment pursuant to this chapter to a person who is a minor: (a) If the minor is a party to a multiple-party account, payment may be made to the minor or to the minor’s order, and payment so made is a valid release and d…

(a) The beneficiary may establish the fact of the transferor’s death under the procedure provided in Chapter 2 (commencing with Section 210) of Part 4 of Division 2. For the purpose of this subdivision, the beneficiary is a person empowered by statute to act on behalf of the tran…

(a) After the death of the transferor, the beneficiary of a revocable transfer on death deed shall serve notice on the transferor’s heirs, along with a copy of the revocable transfer on death deed and a copy of the transferor’s death certificate. (b) The notice required by subdiv…

If all of the following conditions are satisfied, a person dealing with a beneficiary of a revocable transfer on death deed of real property shall have the same rights and protections as the person would have if the beneficiary had been named as a distributee of the property in a…

A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. (Enacted by Stats. 1990, Ch. 79.)

A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether the acts and events occur before or after the execution of the will or before or after the testator’s death. The execution…

(a) Notwithstanding any other provision, a will may refer to a writing that directs disposition of tangible personal property not otherwise specifically disposed of by the will, except for money that is common coin or currency and property used primarily in a trade or business. A…

(a) The following are entitled to such reasonable family allowance out of the estate as is necessary for their maintenance according to their circumstances during administration of the estate: (1) The surviving spouse of the decedent. (2) Minor children of the decedent. (3) Adult…

(a) The court may grant or modify a family allowance on petition of any interested person. (b) With respect to an order for the family allowance provided for in subdivision (a) of Section 6540: (1) Before the inventory is filed, the order may be made or modified either (A) ex par…

A family allowance commences on the date of the court’s order or such other time as may be provided in the court’s order, whether before or after the date of the order, as the court in its discretion determines, but the allowance may not be made retroactive to a date earlier than…

(a) A family allowance shall terminate no later than the entry of the order for final distribution of the estate or, if the estate is insolvent, no later than one year after the granting of letters. (b) Subject to subdivision (a), a family allowance shall continue until modified …

The costs of proceedings under this chapter shall be paid by the estate as expenses of administration. (Enacted by Stats. 1990, Ch. 79.)

Notwithstanding Chapter 2 (commencing with Section 916) of Title 13 of Part 2 of the Code of Civil Procedure, the perfecting of an appeal from an order made under this chapter does not stay proceedings under this chapter or the enforcement of the order appealed from if the person…

(a) A claim may be filed by the creditor or a person acting on behalf of the creditor. (b) A claim shall be filed with the court and a copy shall be served on the personal representative, or on a person who is later appointed and qualified as personal representative. (c) Service …

(a) A claim shall be supported by the affidavit of the creditor or the person acting on behalf of the creditor stating: (1) The claim is a just claim. (2) If the claim is due, the facts supporting the claim, the amount of the claim, and that all payments on and offsets to the cla…

(a) If a claim is based on a written instrument, either the original or a copy of the original with all endorsements shall be attached to the claim. If a copy is attached, the original instrument shall be exhibited to the personal representative or court or judge on demand unless…