Title PROB, California Prob. Code

This article applies only to the following: (a) A trust created by a will executed before July 1, 1977, and not incorporated by reference in a will on or after July 1, 1977. (b) A trust created by a will which provides that the trust is subject to the continuing jurisdiction of t…

If a trust described in Section 17300 continues after distribution of the decedent’s estate, the court in which the decedent’s estate was administered retains jurisdiction over the trust for any of the purposes specified in Section 17200. (Enacted by Stats. 1990, Ch. 79.)

Except as otherwise provided in this article, proceedings relating to trusts under continuing court jurisdiction are governed by this part. (Enacted by Stats. 1990, Ch. 79.)

This article does not apply to a trust described in Section 17300 that has been removed from continuing court jurisdiction. (Enacted by Stats. 1990, Ch. 79.)

(a) At any time after final distribution of the decedent’s estate, a trust described in Section 17300 may be transferred to a different county in this state as provided in this section. (b) The petition for transfer shall set forth all of the following: (1) The name of the county…

As used in this article, unless the context otherwise requires, “transaction” includes, but is not limited to, making a contract, sale, transfer, or conveyance, incurring a debt or encumbering property, making a gift, delegating a power, and waiving a right. (Enacted by Stats. 19…

Nothing in this article shall be construed to deny a conservatee any of the following: (a) The right to control an allowance provided under Section 2421. (b) The right to control wages or salary to the extent provided in Section 2601. (c) The right to make a will. (d) The right t…

(a) Except as otherwise provided in this article, the appointment of a conservator of the estate is an adjudication that the conservatee lacks the legal capacity to enter into or make any transaction that binds or obligates the conservatorship estate. (b) Except as otherwise prov…

(a) In the order appointing the conservator or upon a petition filed under Section 1874, the court may, by order, authorize the conservatee, subject to Section 1876, to enter into transactions or types of transactions as may be appropriate in the circumstances of the particular c…

(a) After a conservator has been appointed, a petition requesting an order under Section 1873 may be filed by any of the following: (1) The conservator. (2) The conservatee. (3) The spouse, domestic partner, or any relative or friend of the conservatee. (b) Notice of the hearing …

A transaction that affects real property of the conservatorship estate, entered into by a person acting in good faith and for a valuable consideration and without knowledge of the establishment of the conservatorship, is not affected by any provision of this article or any order …

The provisions of this article relating to the legal capacity of a conservatee to bind or obligate the conservatorship estate, and the provisions of any order of the court broadening such capacity, do not displace but are supplemented by general principles of law and equity relat…

Before the appointment of a guardian or conservator is effective, including, but not limited to, the appointment of a conservator under Section 2002, the guardian or conservator shall: (a) Take an oath to perform the duties of the office according to law. The oath obligates the g…

This chapter applies whenever both of the following conditions exist: (a) A court (1) approves a compromise of, or the execution of a covenant not to sue on or a covenant not to enforce judgment on, a minor’s disputed claim, (2) approves a compromise of a pending action or procee…

(a) The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that reasonable expenses, medical or otherwise and including reimbursement to a parent, guardian, or conservator, costs, and …

(a) If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 36…

Where reference is made in this chapter to a “person with a disability,” the reference shall be deemed to include the following: (a) A person for whom a conservator may be appointed. (b) Any of the following persons, subject to the provisions of Section 3613: (1) A person who mee…

(a) (1) If a court makes an order under Section 3602 or 3611 that money of a minor or person with a disability be paid to a special needs trust, the terms of the trust shall be reviewed and approved by the court and shall satisfy the requirements of this section. The trust is sub…

(a) This section applies only to a special needs trust established under Section 3604 on or after January 1, 1993. (b) While the special needs trust is in existence, the statute of limitations otherwise applicable to claims of the State Department of Health Care Services, the Sta…

Only a person having the capacity to contract is qualified to act as an attorney-in-fact. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)

Designating an unqualified person as an attorney-in-fact does not affect the immunities of third persons nor relieve the unqualified person of any applicable duties to the principal or the principal’s successors. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.…

(a) A principal may designate more than one attorney-in-fact in one or more powers of attorney. (b) Authority granted to two or more attorneys-in-fact is exercisable only by their unanimous action. (c) If a vacancy occurs, the remaining attorneys-in-fact may exercise the authorit…

(a) A principal may designate one or more successor attorneys-in-fact to act if the authority of a predecessor attorney-in-fact terminates. (b) The principal may grant authority to another person, designated by name, by office, or by function, including the initial and any succes…

An attorney-in-fact is entitled to reasonable compensation for services rendered to the principal as attorney-in-fact and to reimbursement for reasonable expenses incurred as a result of acting as attorney-in-fact. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 199…

(a) An attorney-in-fact may revocably delegate authority to perform mechanical acts to one or more persons qualified to exercise the authority delegated. (b) The attorney-in-fact making a delegation remains responsible to the principal for the exercise or nonexercise of the deleg…

(a) If, following execution of a durable power of attorney, a court of the principal’s domicile appoints a conservator of the estate, guardian of the estate, or other fiduciary charged with the management of all of the principal’s property or all of the principal’s property excep…

(a) An attorney-in-fact may resign by any of the following means: (1) If the principal is competent, by giving notice to the principal. (2) If a conservator has been appointed, by giving notice to the conservator. (3) On written agreement of a successor who is designated in the p…

(a) A power of appointment can be exercised only by a powerholder having the capacity to transfer the interest in property to which the power relates. (b) Unless the creating instrument otherwise provides, a powerholder who is a minor may not exercise a power of appointment durin…

If a public officer or employee knows of property of a decedent that is subject to loss, injury, waste, or misappropriation and that ought to be in the possession or control of the public administrator, the officer or employee shall inform the public administrator. (Enacted by St…

If a person dies in a hospital, convalescent hospital, or board and care facility without known next of kin, the person in charge of the hospital or facility shall give immediate notice of that fact to the public administrator of the county in which the hospital or facility is lo…

A funeral director in control of the decedent’s remains pursuant to subdivision (c) of Section 7100 of the Health and Safety Code shall notify the public administrator if none of the persons described in paragraphs (2) to (6), inclusive, of subdivision (a) of Section 7100 of the …

(a) If no personal representative has been appointed, the public administrator of a county shall take prompt possession or control of property of a decedent in the county that is deemed by the public administrator to be subject to loss, injury, waste, or misappropriation, or that…

(a) A public administrator who is authorized to take possession or control of property of a decedent under this article shall make a prompt search for other property, a will, and instructions for disposition of the decedent’s remains. (b) If a will is found, the public administra…

(a) A public administrator who is authorized to take possession or control of property of a decedent pursuant to this article may issue a written certification of that fact. The written certification is effective for 30 days after the date of issuance. (b) The public administrato…

If the public administrator takes possession or control of property of a decedent under this article, but another person is subsequently appointed personal representative or subsequently takes control or possession, the public administrator is entitled to reasonable costs incurre…

On or before January 1, 2010, the public administrator shall comply with the continuing education requirements that are established by the California State Association of Public Administrators, Public Guardians, and Public Conservators. (Added by Stats. 2008, Ch. 237, Sec. 3. Eff…

(a) A person has no power to administer the estate until the person is appointed personal representative and the appointment becomes effective. Appointment of a personal representative becomes effective when the person appointed is issued letters. (b) Subdivision (a) applies whet…

(a) Notwithstanding Section 8400, a petitioner for appointment as personal representative may deliver property in the petitioner’s possession to a trust company or financial institution for deposit, or allow a trust company or financial institution to retain on deposit property a…

(a) Notwithstanding any other provision of this chapter, a person is not competent to act as personal representative in any of the following circumstances: (1) The person is under the age of majority. (2) The person is subject to a conservatorship of the estate or is otherwise in…

(a) Before letters are issued, the personal representative shall take and subscribe an oath to perform, according to law, the duties of the office. The oath may be taken and dated on or after the time the petition for appointment as personal representative is signed, and may be f…

(a) Before letters are issued, the personal representative (other than a trust company or a public administrator) shall file an acknowledgment of receipt of a statement of duties and liabilities of the office of personal representative. The statement shall be in the form prescrib…

Letters shall be signed by the clerk under the seal of the court and shall include: (a) The county from which the letters are issued. (b) The name of the person appointed as personal representative and whether the personal representative is an executor, administrator, administrat…

(a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may commence a proceeding for any of the following purposes that is appropriate: (1) To compel the trustee to perform the trustee’s duties. (2) To enjoin …

The remedies of a beneficiary against the trustee are exclusively in equity. (Enacted by Stats. 1990, Ch. 79.)

This article applies only to trusts created by will executed before July 1, 1977, and not incorporated by reference in a will on or after July 1, 1977. (Enacted by Stats. 1990, Ch. 79.)

(a) If any of the trustees of a trust described in Section 17350 is a trust company, the trust shall be removed from continuing court jurisdiction as provided in this section. Within six months after the initial funding of the trust, the trustee shall give a notice of removal of …