Title PROB, California Prob. Code

(a) If the guardian or conservator is liable for interest pursuant to Section 2401.3, the guardian or conservator is liable for the greater of the following amounts: (1) The amount of interest that accrues at the legal rate on judgments. (2) The amount of interest actually receiv…

Any surcharge that a guardian or conservator incurs under the provisions of Sections 2401.3 or 2401.5 may not be paid by or offset against future fees or wages to be provided by the estate to the guardian or conservator. (Added by Stats. 2000, Ch. 565, Sec. 7. Effective January 1…

The provisions of Sections 2401.3 and 2401.5 for liability of a guardian or conservator for breach of a fiduciary duty do not prevent resort to any other remedy available against the guardian or conservator under the statutory or common law. (Enacted by Stats. 1990, Ch. 79.)

When a guardian or conservator is appointed, the court may, with the consent of the guardian or conservator, insert in the order of appointment conditions not otherwise obligatory providing for the care and custody of the property of the ward or conservatee. Any such conditions s…

(a) Upon petition of the guardian or conservator, the ward or conservatee, a creditor, or other interested person, the court may authorize and instruct the guardian or conservator, or approve and confirm the acts of the guardian or conservator, in the administration, management, …

(a) If the guardian or conservator fails, neglects, or refuses to furnish comfortable and suitable support, maintenance, or education for the ward or conservatee as required by this division, or to pay a debt, expense, or charge lawfully due and payable by the ward or conservatee…

If there is a dispute relating to the estate between the guardian or conservator and a third person, the guardian or conservator, or the limited conservator to the extent specifically and expressly provided in the order appointing the limited conservator, may do either of the fol…

If there is a dispute relating to the estate between the guardian or conservator and a third person, the guardian or conservator may enter into an agreement in writing with the third person to submit the dispute to arbitration under Title 9 (commencing with Section 1280) of Part …

This chapter applies to property owned by spouses as community property only to the extent authorized by Part 6 (commencing with Section 3000). (Amended by Stats. 2016, Ch. 50, Sec. 82. (SB 1005) Effective January 1, 2017.)

Nothing in this chapter limits or restricts any authority granted to a guardian or conservator pursuant to Article 11 (commencing with Section 2590) to administer the estate under that article. (Enacted by Stats. 1990, Ch. 79.)

On or before January 1, 2008, the Judicial Council, in consultation with the California Judges Association, the California Association of Superior Court Investigators, the California State Association of Public Administrators, Public Guardians, and Public Conservators, the State …

Unless the provision or context clearly requires otherwise, these definitions and rules of construction govern the construction of this chapter. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)

“Testator” means a person choosing to adopt a California statutory will. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)

“Executor” means both the person so designated in a California statutory will and any other person acting at any time as the executor or administrator under a California statutory will. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)

“Trustee” means both the person so designated in a California statutory will and any other person acting at any time as the trustee under a California statutory will. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)

“Descendants” mean children, grandchildren, and their lineal descendants of all generations, with the relationship of parent and child at each generation being determined as provided in Section 21115. A reference to “descendants” in the plural includes a single descendant where t…

A reference in a California statutory will to the “Uniform Gifts to Minors Act of any state” or the “Uniform Transfers to Minors Act of any state” includes both the Uniform Gifts to Minors Act of any state and the Uniform Transfers to Minors Act of any state. A reference to a “cu…

Masculine pronouns include the feminine, and plural and singular words include each other, where appropriate. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)

(a) If a California statutory will states that a person shall perform an act, the person is required to perform that act. (b) If a California statutory will states that a person may do an act, the person’s decision to do or not to do the act shall be made in the exercise of the p…

Whenever a distribution under a California statutory will is to be made to a person’s descendants, the property shall be divided into as many equal shares as there are then living descendants of the nearest degree of living descendants and deceased descendants of that same degree…

“Person” includes individuals and institutions. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)

Reference to a person “if living” or who “survives me” means a person who survives the decedent by 120 hours. A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of a California statutory will, and the beneficiaries a…

(a) Subject to Section 2422, the guardian or conservator shall apply the income from the estate, so far as necessary, to the comfortable and suitable support, maintenance, and education of the ward or conservatee (including care, treatment, and support of a ward or conservatee wh…

(a) Upon petition of the guardian or conservator or the ward or conservatee, the court may authorize the guardian or conservator to pay to the ward or conservatee out of the estate a reasonable allowance for the personal use of the ward or conservatee. The allowance shall be in s…

(a) Upon petition of the guardian or conservator, the ward or conservatee, or any other interested person, the court may for good cause order the ward or conservatee to be wholly or partially supported, maintained, or educated out of the estate notwithstanding the existence of a …

(a) Upon petition of the conservator, the conservatee, the spouse or domestic partner of the conservatee, or a relative within the second degree of the conservatee, the court may by order authorize or direct the conservator to pay and distribute surplus income of the estate or an…

Any individual of sound mind and over the age of 18 may execute a California statutory will under the provisions of this chapter. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)

A California statutory will shall be executed only as follows: (a) The testator shall complete the appropriate blanks and shall sign the will. (b) Each witness shall observe the testator’s signing and each witness shall sign his or her name in the presence of the testator. (Repea…

The execution of the attestation clause provided in the California statutory will by two or more witnesses satisfies Section 8220. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)

(a) There is only one California statutory will. (b) The California statutory will includes all of the following: (1) The contents of the California statutory will form set out in Section 6240, excluding the questions and answers at the beginning of the California statutory will.…

If more than one property disposition clause appearing in paragraphs 2 or 3 of a California statutory will is selected, no gift is made. If more than one property disposition clause in paragraph 5 of a California statutory will form is selected, or if none is selected, the residu…

Only the texts of property disposition clauses and the mandatory clauses shall be considered in determining their meaning. Their titles shall be disregarded. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)

(a) A California statutory will may be revoked and may be amended by codicil in the same manner as other wills. (b) Any additions to or deletions from the California statutory will on the face of the California statutory will form, other than in accordance with the instructions, …

(a) If after executing a California statutory will the testator’s marriage is dissolved or annulled, or the testator’s registered domestic partnership is terminated, the dissolution, annulment, or termination revokes any disposition of property made by the will to the former spou…

(a) Subject to subdivisions (b) and (c), the guardian or conservator shall pay the following from any principal and income of the estate: (1) The debts incurred by the ward or conservatee before creation of the guardianship or conservatorship, giving priority to the debts describ…

(a) Subject to subdivision (d), the guardian or conservator may petition the court under Section 2403 for instructions when there is doubt whether a wage claim should be paid under this section. (b) The guardian or conservator shall promptly pay wage claims for work done or servi…

The following is the California Statutory Will form: QUESTIONS AND ANSWERS ABOUT THIS CALIFORNIA STATUTORY WILL The following information, in question and answer form, is not a part of the California Statutory Will. It is designed to help you understand about Wills and to decide …

The mandatory clauses of the California statutory will form are as follows: (a) Intestate Disposition. If the testator has not made an effective disposition of the residuary estate, the executor shall distribute it to the testator’s heirs at law, their identities and respective s…

(a) Except as specifically provided in this chapter, a California statutory will shall include only the texts of the property disposition clauses and the mandatory clauses as they exist on the day the California statutory will is executed. (b) Sections 6205, 6206, and 6227 apply …

Except as specifically provided in this chapter, the general law of California applies to a California statutory will. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)

(a) Unless this article specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this article may be exercised or performed by the guardian or conservator without court authorization, instruction, approva…

The guardian or conservator may collect debts and benefits due to the ward or conservatee and the estate. (Enacted by Stats. 1990, Ch. 79.)

The guardian or conservator may do any of the following: (a) Contract for the guardianship or conservatorship, perform outstanding contracts, and, thereby, bind the estate. (b) Purchase tangible personal property. (c) Subject to the provisions of Chapter 8 (commencing with Sectio…

(a) The guardian or conservator may endorse and cash or deposit any checks, warrants, or drafts payable to the ward or conservatee which constitute property of the estate. (b) If it appears likely that the estate will satisfy the conditions of subdivision (b) of Section 2628, the…

The guardian or conservator may deposit money belonging to the estate in an insured account in a financial institution in this state. Unless otherwise provided by court order, the money deposited under this section may be withdrawn without order of court. (Enacted by Stats. 1990,…

(a) Subject to subdivision (b), where a trust company is a guardian or conservator and in the exercise of reasonable judgment deposits money of the estate in an account in any department of the corporation or association of which it is a part, it is chargeable with interest there…