0 chapters · 1,160 sections in this title.
Prob. Code § 1 Section 1
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READ THE WILL. Read the whole Will first. If you do not understand something, ask a lawyer to explain it to you.
Prob. Code § 10 Section 10
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May I change my Will? Yes. A Will is not effective until you die. You may make and sign a new Will. You may change your Will at any time, but only by an amendment (called a codicil). You can give away or sell your assets before your death. Your Will only acts on what you own at d…
Prob. Code § 11 Section 11
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Where should I keep my Will? After you and the witnesses sign the Will, keep your Will in your safe deposit box or other safe place. You should tell trusted family members where your Will is kept.
Prob. Code § 12 Section 12
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When should I change my Will? You should make and sign a new Will if you marry, divorce, or terminate your domestic partnership after you sign this Will. Divorce, annulment, or termination of a domestic partnership automatically cancels all property stated to pass to a former spo…
Prob. Code § 13 Section 13
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What can I do if I do not understand something in this Will? If there is anything in this Will you do not understand, ask a lawyer to explain it to you.
Prob. Code § 14 Section 14
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What is an executor? An “executor” is the person you name to collect your assets, pay your debts and taxes, and distribute your assets as the court directs. It may be a person or it may be a qualified bank or trust company.
Prob. Code § 15 Section 15
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Should I require a bond? You may require that an executor post a “bond.” A bond is a form of insurance to replace assets that may be mismanaged or stolen by the executor. The cost of the bond is paid from the estate’s assets.
Prob. Code § 16 Section 16
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What is a guardian? Do I need to designate one? If you have children under age 18, you should designate a guardian of their “persons” to raise them.
Prob. Code § 17 Section 17
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What is a custodian? Do I need to designate one? A “custodian” is a person you may designate to manage assets for someone (including a child) who is under the age of 25 and who receives assets under your Will. The custodian manages the assets and pays as much as the custodian det…
Prob. Code § 18 Section 18
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Should I ask people if they are willing to serve before I designate them as executor, guardian, or custodian? Probably yes. Some people and banks and trust companies may not consent to serve or may not be qualified to act.
Prob. Code § 19 Section 19
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What happens if I make a gift in this Will to someone and that person dies before I do? A person must survive you by 120 hours to take a gift under this Will. If that person does not, then the gift fails and goes with the rest of your assets. If the person who does not survive yo…
Prob. Code § 2 Section 2
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FILL IN THE BLANKS. Fill in the blanks. Follow the instructions in the form carefully. Do not add any words to the Will (except for filling in blanks) or cross out any words.
Prob. Code § 20 Section 20
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What is a trust? There are many kinds of trusts, including trusts created by Wills (called “testamentary trusts”) and trusts created during your lifetime (called “revocable living trusts”). Both kinds of trusts are long-term arrangements in which a manager (called a “trustee”) in…
Prob. Code § 21 Section 21
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What is a domestic partner? You have a domestic partner if you have met certain legal requirements and filed a form entitled “Declaration of Domestic Partnership” with the Secretary of State. Notwithstanding Section 299.6 of the Family Code, if you have not filed a Declaration of…
Prob. Code § 2400 Section 2400
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As used in this chapter: (a) “Conservator” means the conservator of the estate, or the limited conservator of the estate to the extent that the powers and duties of the limited conservator are specifically and expressly provided by the order appointing the limited conservator. (b…
Prob. Code § 2401 Section 2401
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(a) The guardian or conservator, or limited conservator to the extent specifically and expressly provided in the appointing court’s order, has the management and control of the estate and, in managing and controlling the estate, shall use ordinary care and diligence. What constit…
Prob. Code § 2401.1 Section 2401.1
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The guardian or conservator shall use ordinary care and diligence to determine whether the ward or conservatee owns real property in a foreign jurisdiction and to preserve and protect that property. What constitutes use of ordinary care and diligence shall be determined by all th…
Prob. Code § 2401.3 Section 2401.3
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(a) If the guardian or conservator breaches a fiduciary duty, the guardian or conservator is chargeable with any of the following that is appropriate under the circumstances: (1) Any loss or depreciation in value of the estate resulting from the breach of duty, with interest. (2)…
Prob. Code § 2401.5 Section 2401.5
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(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…
Prob. Code § 2401.6 Section 2401.6
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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.
Prob. Code § 2401.7 Section 2401.7
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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.)
Prob. Code § 2402 Section 2402
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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…
Prob. Code § 2403 Section 2403
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(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, …
Prob. Code § 2404 Section 2404
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(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…
Prob. Code § 2405 Section 2405
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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…
Prob. Code § 2406 Section 2406
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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 …
Prob. Code § 2407 Section 2407
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This chapter applies to property owned by spouses as community property only to the extent authorized by Part 6 (commencing with Section 3000).
Prob. Code § 2408 Section 2408
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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.)
Prob. Code § 2410 Section 2410
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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 …
Prob. Code § 2420 Section 2420
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(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…
Prob. Code § 2421 Section 2421
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(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…
Prob. Code § 2422 Section 2422
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(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 …
Prob. Code § 2423 Section 2423
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(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…
Prob. Code § 2430 Section 2430
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(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…
Prob. Code § 2431 Section 2431
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(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…
Prob. Code § 2450 Section 2450
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(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…
Prob. Code § 2451 Section 2451
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The guardian or conservator may collect debts and benefits due to the ward or conservatee and the estate. (Enacted by Stats. 1990, Ch. 79.)
Prob. Code § 2451.5 Section 2451.5
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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…
Prob. Code § 2452 Section 2452
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(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…
Prob. Code § 2453 Section 2453
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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,…
Prob. Code § 2453.5 Section 2453.5
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(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…
Prob. Code § 2454 Section 2454
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The guardian or conservator may deposit personal property of the estate with a trust company for safekeeping. Unless otherwise provided by court order, the personal property may be withdrawn without order of court. (Enacted by Stats. 1990, Ch. 79.)
Prob. Code § 2455 Section 2455
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(a) A trust company serving as guardian or conservator may deposit securities that constitute all or part of the estate in a securities depository as provided in Section 775 of the Financial Code. (b) If the securities have been deposited with a trust company pursuant to Section …
Prob. Code § 2456 Section 2456
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(a) Upon application of the guardian or conservator, the court may, with or without notice, order that money or other personal property be deposited pursuant to Section 2453 or 2454, and be subject to withdrawal only upon authorization of the court. (b) The guardian or conservato…
Prob. Code § 2457 Section 2457
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The guardian or conservator may maintain in good condition and repair the home or other dwelling of either or both of the following: (a) The ward or conservatee. (b) The persons legally entitled to such maintenance and repair from the ward or conservatee. (Enacted by Stats. 1990,…
Prob. Code § 2458 Section 2458
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With respect to a share of stock of a domestic or foreign corporation held in the estate, a membership in a nonprofit corporation held in the estate, or other property held in the estate, a guardian or conservator may do any one or more of the following: (a) Vote in person, and g…
Prob. Code § 2459 Section 2459
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(a) The guardian or conservator may obtain, continue, renew, modify, terminate, or otherwise deal in any of the following for the purpose of providing protection to the ward or conservatee or a person legally entitled to support from the ward or conservatee: (1) Medical, hospital…
Prob. Code § 2460 Section 2460
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The guardian or conservator may insure: (a) Property of the estate against loss or damage. (b) The ward or conservatee, the guardian or conservator, and all or any part of the estate against liability to third persons. (Enacted by Stats. 1990, Ch. 79.)
Prob. Code § 2461 Section 2461
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(a) The guardian or conservator may prepare, execute, and file tax returns for the ward or conservatee and for the estate and may exercise options and elections and claim exemptions for the ward or conservatee and for the estate under the applicable tax laws. (b) Notwithstanding …
Prob. Code § 2462 Section 2462
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Subject to Section 2463, unless another person is appointed for that purpose, the guardian or conservator may: (a) Commence and maintain actions and proceedings for the benefit of the ward or conservatee or the estate. (b) Defend actions and proceedings against the ward or conser…