Title PROB, California Prob. Code

At least 90 days before the hearing on the petition under this chapter, notice of the time and place of the hearing and a copy of the petition shall be served on the person named in the petition and, if the petitioner is not the conservator of the person, on the conservator, if a…

In any proceeding under this chapter, if the person named in the petition for court authorization to consent to sterilization has not retained legal counsel and does not plan to retain legal counsel, the court shall immediately appoint the public defender or private counsel to re…

(a) The court shall appoint a facilitator for the person named in the petition, who shall assist the person named in the petition to do all of the following: (1) Understand the nature of the proceedings. (2) Understand the evaluation process required by Section 1955. (3) Communic…

(a) The court shall request the director of the appropriate regional center for the developmentally disabled to coordinate an investigation and prepare and file a written report thereon. The appropriate regional center for purposes of this section is (1) the regional center of wh…

The person to whom the petition applies shall be present at the hearing except for reason of medical inability. Emotional or psychological instability is not good cause for the absence of the proposed conservatee from the hearing unless, by reason of the instability, attendance a…

To the greatest extent possible, the court shall elicit and take into account the views of the individual for whom sterilization is proposed in determining whether sterilization is to be authorized. (Enacted by Stats. 1990, Ch. 79.)

The court may authorize the conservator of a person proposed to be sterilized to consent to the sterilization of that person only if the court finds that the petitioner has established all of the following beyond a reasonable doubt: (a) The person named in the petition is incapab…

The fact that, due to the nature or severity of his or her disability, a person for whom an authorization to consent to sterilization is sought may be vulnerable to sexual conduct by others that would be deemed unlawful, shall not be considered by the court in determining whether…

If the person named in the petition already has a conservator, the court may authorize that person to consent to sterilization or may appoint another person as limited conservator under the provisions of this chapter. The court shall ensure that the person or agency designated as…

A sterilization procedure authorized under this chapter shall not include hysterectomy or castration. However, if the report prepared under Section 1955 indicates that hysterectomy or castration is a medically necessary treatment, regardless of the need for sterilization, the cou…

(a) Any court order granting a petition under this chapter shall be accompanied by a written statement of decision pursuant to Section 632 of the Code of Civil Procedure detailing the factual and legal bases for the court’s determination on each of the findings required under Sec…

(a) At the conclusion of the hearing, the court, after inquiring into financial ability, may make an order based upon their ability that any one or more of the following persons pay court costs and fees in whole or in part as in the opinion of the court is proper and in any insta…

An order of the court authorizing a conservator to consent to sterilization which is upheld on appeal automatically expires in one year from the final determination on appeal unless earlier terminated by the court. A conservatorship established for the sole purpose of authorizing…

Any court order made pursuant to this chapter granting authority to consent to sterilization shall be stayed pending a final determination on appeal. (Enacted by Stats. 1990, Ch. 79.)

After the filing of a first petition for sterilization pursuant to this chapter and a determination by the court that any one or more of the conditions required in Section 1958 has not been proven beyond a reasonable doubt, and that therefore authorization for the proposed steril…

(a) The sterilization of a person in accordance with this chapter does not render the petitioner or any person participating in the conservatorship proceedings or sterilization liable, either civilly or criminally, except for any injury caused by negligent or willful misconduct i…

This chapter does not prohibit medical treatment or surgery required for other medical reasons and in which sterilization is an unavoidable or medically probable consequence, but is not the object of the treatment or surgery. (Enacted by Stats. 1990, Ch. 79.)

Nothing in this chapter shall infringe on the right of persons with developmental disabilities who are capable of giving consent to sterilization to give that consent without the necessity of a court order or substitute decisionmaker. (Enacted by Stats. 1990, Ch. 79.)

(a) If a nonresident has a duly appointed, qualified, and acting guardian, conservator, committee, or comparable fiduciary in the place of residence and if no proceeding for guardianship or conservatorship of the nonresident is pending or contemplated in this state, the nonreside…

(a) The petition shall be made upon 15 days’ notice, by delivery pursuant to Section 1215, to all of the following persons: (1) The personal representative or other person in whose possession the property may be. (2) Persons in this state, known to the petitioner, who are obligat…

(a) The nonresident fiduciary shall produce and file one of the following certificates: (1) A certificate that the fiduciary is entitled, by the laws of the place of appointment of the fiduciary, to the possession of the estate of the nonresident. The certificate shall be under t…

(a) Upon the petition, if the court determines that removal of the property will not conflict with any restriction or limitation on the property or impair the right of the nonresident to the property or the rights of creditors or claimants in this state, the court shall make an o…

(a) Subject to subdivision (b), for the purposes of this chapter, “decedent’s estate” means all the decedent’s personal property, wherever located, and all the decedent’s real property located in this state. (b) For the purposes of this chapter: (1) Any property or interest or li…

As used in this chapter, “minor child” means a child of the decedent who was under the age of 18 at the time of the decedent’s death and who survived the decedent. (Enacted by Stats. 1990, Ch. 79.)

A petition may be filed under this chapter requesting an order setting aside the decedent’s estate to the decedent’s surviving spouse and minor children, or one or more of them, as provided in this chapter, if the net value of the decedent’s estate, over and above all liens and e…

The petition shall be filed in the superior court of a county in which the estate of the decedent may be administered. (Enacted by Stats. 1990, Ch. 79.)

(a) The petition shall allege that this chapter applies and request that an order be made setting aside the estate of the decedent as provided in this chapter. (b) The petition shall include the following: (1) If proceedings for administration of the estate are not pending, the f…

(a) If proceedings for the administration of the estate of the decedent are pending, a petition under this chapter shall be filed in those proceedings without the payment of an additional fee. (b) If proceedings for the administration of the estate of the decedent have not yet be…

(a) A petition may be filed under this chapter by any of the following: (1) The person named in the will of the decedent as executor. (2) The surviving spouse of the decedent. (3) The guardian of a minor child of the decedent. (4) A child of the decedent who was a minor at the ti…

(a) Where proceedings for the administration of the estate of the decedent are not pending when the petition is filed under this chapter and the petition under this chapter is not joined with a petition for the probate of the decedent’s will or for administration of the estate of…

If a petition is filed under this chapter, the personal representative, or the petitioner if no personal representative has been appointed, shall file with the clerk of the court, prior to the hearing of the petition, an inventory and appraisal made as provided in Part 3 (commenc…

(a) If the court determines that the net value of the decedent’s estate, over and above all liens and encumbrances at the date of death of the decedent and over and above the value of any probate homestead interest set apart out of the decedent’s estate under Section 6520, does n…

Upon becoming final, an order under Section 6609 shall be conclusive on all persons, whether or not they are then in being. (Enacted by Stats. 1990, Ch. 79.)

(a) Subject to the limitations and conditions specified in this section, the person or persons in whom title vested pursuant to Section 6609 are personally liable for the unsecured debts of the decedent. (b) The personal liability of a person under this section does not exceed th…

If a petition filed under this chapter is filed with a petition for the probate of the decedent’s will or for administration of the estate of the decedent and the court determines not to make an order under Section 6609, the court shall act on the petition for probate of the dece…

The attorney’s fees for services performed in connection with the filing of a petition and the obtaining of a court order under this chapter shall be determined by private agreement between the attorney and the client and are not subject to approval by the court. If there is no a…

Sections 6600 to 6613, inclusive, do not apply if the decedent died before July 1, 1987. If the decedent died before July 1, 1987, the case continues to be governed by the law applicable to the case prior to July 1, 1987. (Enacted by Stats. 1990, Ch. 79.)

A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 640 to 647.5, inclusive, repealed by Chapter 783 of the Statutes of 1986, shall be deemed to be a reference to the comparable provisions of this chapt…

The donor of a power of appointment cannot nullify or alter the rights given creditors of the powerholder by Sections 682, 683, and 684 by any language in the instrument creating the power. (Amended by Stats. 2016, Ch. 81, Sec. 23. (AB 2846) Effective January 1, 2017.)

(a) Except as provided in subdivision (b), property covered by a special power of appointment is not subject to the claims of creditors of the powerholder or of the powerholder’s estate or to the expenses of the administration of the powerholder’s estate. (b) Property subject to …

(a) To the extent that the property owned by the powerholder is inadequate to satisfy the claims of the powerholder’s creditors, property subject to a general power of appointment that is presently exercisable is subject to the claims to the same extent that it would be subject t…

Property subject to a general power of appointment created by the donor in the donor’s favor, whether or not presently exercisable, is subject to the claims of the donor’s creditors or the donor’s estate and to the expenses of the administration of the donor’s estate, except to t…

For the purposes of Sections 682 and 683, a person to whom the powerholder owes an obligation of support shall be considered a creditor of the powerholder to the extent that a legal obligation exists for the powerholder to provide the support. (Amended by Stats. 2016, Ch. 81, Sec…

(a) When a claim is filed, the personal representative shall allow or reject the claim in whole or in part. (b) The allowance or rejection shall be in writing. The personal representative shall file the allowance or rejection with the court clerk and give notice to the creditor a…

If the personal representative is not authorized to act under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400)): (a) Immediately on the filing of the allowance of a claim, the clerk shall present the claim and allowance to the court or judge f…

(a) If the personal representative or the attorney for the personal representative is a creditor of the decedent, the clerk shall present the claim to the court or judge for approval or rejection. The court or judge may in its discretion require the creditor to file a petition an…