Title PROB — California Prob. Code

A violation by the trustee of any duty that the trustee owes the beneficiary is a breach of trust. (Enacted by Stats. 1990, Ch. 79.)

(a) Except as provided in subdivision (b), the trustee is not liable to the beneficiary for the acts or omissions of an agent. (b) Under any of the circumstances described in this subdivision, the trustee is liable to the beneficiary for an act or omission of an agent employed by…

(a) Except as provided in subdivision (b), a trustee is not liable to the beneficiary for a breach of trust committed by a cotrustee. (b) A trustee is liable to the beneficiary for a breach committed by a cotrustee under any of the following circumstances: (1) Where the trustee p…

(a) Except as provided in subdivision (b), a successor trustee is not liable to the beneficiary for a breach of trust committed by a predecessor trustee. (b) A successor trustee is liable to the beneficiary for breach of trust involving acts or omissions of a predecessor trustee …

(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.)

(a) If the trustee commits a breach of trust, the trustee is chargeable with any of the following that is appropriate under the circumstances: (1) Any loss or depreciation in value of the trust estate resulting from the breach of trust, with interest. (2) Any profit made by the t…

(a) If the trustee is liable for interest pursuant to Section 16440, the trustee is liable for the greater of the following amounts: (1) The amount of interest that accrues at the legal rate on judgments in effect during the period when the interest accrued. (2) The amount of int…

The provisions in this article for liability of a trustee for breach of trust do not prevent resort to any other remedy available under the statutory or common law. (Enacted by Stats. 1990, Ch. 79.)

(a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise: (1) If a beneficiary has received an interim or final account in writing, or other written report, that adequately discloses the existence of a claim against the trustee for breach of trus…

(a) Except as provided in subdivision (b), (c), or (d), the trustee can be relieved of liability for breach of trust by provisions in the trust instrument. (b) A provision in the trust instrument is not effective to relieve the trustee of liability (1) for breach of trust committ…

(a) Notwithstanding Section 16461, a trustee of a revocable trust is not liable to a beneficiary for any act performed or omitted pursuant to written directions from the person holding the power to revoke, including a person to whom the power to direct the trustee is delegated. (…

(a) Except as provided in subdivisions (b) and (c), a beneficiary may not hold the trustee liable for an act or omission of the trustee as a breach of trust if the beneficiary consented to the act or omission before or at the time of the act or omission. (b) The consent of the be…

(a) Except as provided in subdivision (b), a beneficiary may be precluded from holding the trustee liable for a breach of trust by the beneficiary’s release or contract effective to discharge the trustee’s liability to the beneficiary for that breach. (b) A release or contract is…

(a) Except as provided in subdivision (b), if the trustee, in breach of trust, enters into a transaction that the beneficiary may at his or her option reject or affirm, and the beneficiary affirms the transaction, the beneficiary shall not thereafter reject it and hold the truste…

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…

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 …

(a) If none of the trustees of a trust described in Section 17350 is a trust company, the trust may be removed from continuing court jurisdiction only with approval of the court. The trustee may petition for court approval at any time, and from time to time, in the trustee’s disc…

If a trust company is appointed as a successor trustee of a trust which, at the time of the appointment, is subject to continuing court jurisdiction because it was not removed pursuant to Section 17352, the successor trustee shall comply with Section 17351. For the purpose of com…

After a trust is removed from continuing court jurisdiction pursuant to this article, neither a change in trustees nor any other event causes the trust to be subject to continuing court jurisdiction under Article 1 (commencing with Section 17300). (Enacted by Stats. 1990, Ch. 79.…

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…

If the court determines that there is no form of medical treatment for which the conservatee has the capacity to give an informed consent, the court shall (1) adjudge that the conservatee lacks the capacity to give informed consent for medical treatment and (2) by order give the …

(a) A conservatee shall be deemed unable to give informed consent to any form of medical treatment pursuant to Section 1880 if, for all medical treatments, the conservatee is unable to respond knowingly and intelligently to queries about medical treatment or is unable to particip…

(a) An order of the court under Section 1880 may be included in the order of appointment of the conservator if the order was requested in the petition for the appointment of the conservator or the transfer petition under Section 2002 or, except in the case of a limited conservato…

(a) A petition may be filed under this article requesting that the court make an order under Section 1880 or that the court modify or revoke an order made under Section 1880. The petition shall state facts showing that the order requested is appropriate. (b) The petition may be f…

Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (Enacted by Stats. 1990, Ch. 79.)

The conservatee shall be produced at the hearing except in the following cases: (a) Where the conservatee is out of state when served and is not the petitioner. (b) Where the conservatee is unable to attend the hearing by reason of medical inability established (1) by the affidav…

If the petition alleges that the conservatee is not willing to attend the hearing or upon receipt of an affidavit or certificate attesting to the medical inability of the conservatee to attend the hearing, the court investigator shall do all of the following: (a) Interview the co…

(a) The conservatee, the spouse, the domestic partner, a relative, or a friend of the conservatee, the conservator, or any other interested person may appear at the hearing to support or oppose the petition. (b) Except where the conservatee is absent from the hearing and is not r…

(a) If the court determines that the order requested in the petition is proper, the court shall make the order. (b) The court, in its discretion, may provide in the order that, unless extended by subsequent order of the court, the order or specific provisions of the order termina…

An order of the court under Section 1880 continues in effect until the earliest of the following times: (1) The time specified in the order, if any. (2) The time the order is modified or revoked. (3) The time the conservatorship is terminated. (Enacted by Stats. 1990, Ch. 79.)…

An order of the court under Section 1880 may be modified or revoked upon a petition made, noticed, and heard by the court in the manner provided in this article. (Enacted by Stats. 1990, Ch. 79.)

The appointment of a conservator of the person or estate or both does not affect the capacity of the conservatee to marry or to enter into a registered domestic partnership.

(a) The court may by order determine whether the conservatee has the capacity to enter into a valid marriage, as provided in Part 1 (commencing with Section 300) of Division 3 of the Family Code, or to enter into a registered domestic partnership, as provided in Section 297 of th…

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…

(a) The appointment, the taking of the oath, and the filing of the bond, if required, shall thereafter be evidenced by the issuance of letters by the clerk of the court. (b) The order appointing a guardian or conservator shall state in capital letters on the first page of the ord…

Except as otherwise required by the order of appointment, the letters of guardianship or conservatorship shall be in substantially the same form as letters of administration. (Enacted by Stats. 1990, Ch. 79.)

Except in temporary conservatorships, a conservator of the estate shall record a certified copy of the letters with the county recorder’s office in each county in which the conservatee owns an interest in real property, including a security interest. The conservator shall record …

(a) Except as otherwise provided by statute, every person appointed as guardian or conservator shall, before letters are issued, give a bond approved by the court. (b) The bond shall be for the benefit of the ward or conservatee and all persons interested in the guardianship or c…