Title PROB — California Prob. Code

(a) By enacting this chapter, it is the Legislature’s intent to enact a modified version of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. (b) This chapter may be cited as the “California Conservatorship Jurisdiction Act.”

(a) (1) This chapter does not apply to a minor, regardless of whether the minor is or was married. (2) This chapter does not apply to any proceeding in which a person is appointed to provide personal care or property administration for a minor, including, but not limited to, a gu…

In this chapter: (a) “Adult” means an individual who has attained 18 years of age. (b) “Conservatee” means an adult for whom a conservator of the estate, a conservator of the person, or a conservator of the person and estate has been appointed. (c) “Conservator” means a person ap…

A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and Articles 2, 3, and 5.

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subdivision (b), the court shall make a record of the c…

(a) In a conservatorship proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing. (2) Order a person in that state to produce evidence or give testimony pursuant to procedures o…

(a) In a conservatorship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion…

(a) In this article: (1) “Emergency” means a circumstance that likely will result in substantial harm to a proposed conservatee’s health, safety, or welfare, and for which the appointment of a conservator of the person is necessary because no other person has authority and is wil…

For a conservatorship proceeding governed by this article, this article provides the exclusive basis for determining whether the courts of this state, as opposed to the courts of another state, have jurisdiction to appoint a conservator of the person, a conservator of the estate,…

(a) A court of this state has jurisdiction to appoint a conservator for a proposed conservatee if this state is the proposed conservatee’s home state. (b) A court of this state has jurisdiction to appoint a conservator for a proposed conservatee if, on the date the petition is fi…

(a) A court of this state lacking jurisdiction under subdivisions (a) to (e), inclusive, of Section 1993 has special jurisdiction to do any of the following: (1) Appoint a temporary conservator of the person in an emergency for a proposed conservatee who is physically present in …

Except as otherwise provided in Section 1994, a court that has appointed a conservator consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment expires by its own terms.

(a) (1) A court of this state having jurisdiction under Section 1993 to appoint a conservator may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (2) The issue of appropriate forum may be raised upon pet…

(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a conservator because of unjustifiable conduct, the court may do any of the following: (1) Decline to exercise jurisdiction. (2) Exercise jurisdiction for the limited purpose of fashionin…

If a petition for the appointment of a conservator of the person, conservator of the estate, or conservator of the person and estate is brought in this state and this state was not the home state of the proposed conservatee on the date the petition was filed, in addition to compl…

Except for a petition for the appointment of a conservator under paragraph (1) or paragraph (2) of subdivision (a) of Section 1994, if a petition for the appointment of a conservator is filed in this state and in another state and neither petition has been dismissed or withdrawn,…

(a) A conservator appointed in this state may petition the court to transfer the conservatorship to another state. (b) The petitioner shall give notice of a hearing on a petition under subdivision (a) to the persons that would be entitled to notice of a hearing on a petition in t…

(a) (1) To confirm transfer of a conservatorship transferred to this state under provisions similar to Section 2001, the conservator shall petition the court in this state to accept the conservatorship. (2) The petition shall include a certified copy of the other state’s provisio…

If a conservatorship is transferred under this article from a court of this state to the court of a California tribe or from the court of a California tribe to a court of this state, the order that provisionally grants the transfer may expressly provide that specified powers of t…

If a conservator of the person has been appointed in another state and a petition for the appointment of a conservator of the person is not pending in this state, the conservator of the person appointed in the other state, after providing notice pursuant to Section 2014, may regi…

If a conservator of the estate has been appointed in another state and a petition for a conservatorship of the estate is not pending in this state, the conservator appointed in the other state, after providing notice pursuant to Section 2014, may register the conservatorship orde…

If a conservator of the person and estate has been appointed in another state and a petition for a conservatorship of the person, conservatorship of the estate, or conservatorship of the person and estate is not pending in this state, the conservator appointed in the other state,…

(a) At least 15 days before registering a conservatorship in this state, the conservator shall provide notice of an intent to register to all of the following: (1) The court supervising the conservatorship. (2) Every person who would be entitled to notice of a petition for the ap…

Upon registration of a conservatorship pursuant to this article, the court shall provide the conservator with written information concerning a conservator’s rights, duties, limitations, and responsibilities in this state, as specified in Section 1835. To cover the costs of provid…

(a) Upon registration of a conservatorship order from another state and the filing by the conservator of an acknowledgment of receipt of the written information required by Section 2015, the conservator may, while the conservatee resides out of this state, exercise in any county …

(a) A third person who acts in good faith reliance on a conservatorship order registered under this article is not liable to any person for so acting if all of the following requirements are satisfied: (1) The conservator presents to the third person a file-stamped copy of the re…

(a) A file-stamped copy of the registration documents required by Section 2011, 2012, or 2013 may be recorded in the office of any county recorder in this state. (b) A county recorder may charge a reasonable fee for recordation under subdivision (a).

Notwithstanding any other provision of this article: (a) A conservatorship order of a court of a California tribe can be registered under Section 2011, 2012, or 2013, regardless of whether the conservatee resides in California. (b) The effect of a conservatorship order of a court…

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it, consistent with the need to protect individual civil rights and in accordance with due process.

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (Title 15 (commencing with Section 7001) of the United States Code), but does not modify, limit, or supersede subdivision (c) of Section 101 of that act, which is c…

(a) On or before January 1, 2016, the Judicial Council shall develop court rules and forms as necessary for the implementation of this chapter. (b) The materials developed pursuant to this section shall include, but not be limited to, all of the following: (1) A cover sheet for r…

(a) This chapter applies to conservatorship proceedings begun on or after January 1, 2016. (b) Articles 1, 3, and 4 and Sections 2021 and 2022 apply to proceedings begun before January 1, 2016, regardless of whether a conservatorship order has been issued.

For the purposes of this chapter: (a) “California tribe” means an Indian tribe with jurisdiction that has tribal land located in California. (b) “Indian tribe with jurisdiction” means a federally recognized Indian tribe that has a court system that exercises jurisdiction over pro…

Article 2 (commencing with Section 1991) does not apply to a proposed conservatee who is a member of an Indian tribe with jurisdiction.

(a) If a petition for the appointment of a conservator has been filed in a court of this state and a conservator has not yet been appointed, any person entitled to notice of a hearing on the petition may move to dismiss the petition on the grounds that the proposed conservatee is…

This article applies to any claim other than a claim on an action or proceeding pending against the decedent at the time of death. (Enacted by Stats. 1990, Ch. 79.)

An action may not be commenced against a decedent’s personal representative on a cause of action against the decedent unless a claim is first filed as provided in this part and the claim is rejected in whole or in part. (Enacted by Stats. 1990, Ch. 79.)

(a) The filing of a claim or a petition under Section 9103 to file a claim tolls the statute of limitations otherwise applicable to the claim until allowance, approval, or rejection. (b) The allowance or approval of a claim in whole or in part further tolls the statute of limitat…

(a) Regardless of whether the statute of limitations otherwise applicable to a claim will expire before or after the following times, a claim rejected in whole or in part is barred as to the part rejected unless, within the following times, the creditor commences an action on the…

(a) In addition to any other county in which an action may be commenced, an action on the claim may be commenced in the county in which the proceeding for administration of the decedent’s estate is pending. (b) The plaintiff shall file a notice of the pendency of the action with …

(a) An action or proceeding pending against the decedent at the time of death may not be continued against the decedent’s personal representative unless all of the following conditions are satisfied: (1) A claim is first filed as provided in this part. (2) The claim is rejected i…

(a) An action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued under Section 550, and a judgment in the action may be enforced against the insurer, without first filing a claim as provided in this part. (b) Unle…

Except as provided in Section 10361, the holder of a mortgage or other lien on property in the decedent’s estate, including, but not limited to, a judgment lien, may commence an action to enforce the lien against the property that is subject to the lien, without first filing a cl…

(a) Subject to subdivision (b), a person to whom property is distributed is personally liable for the claim of a creditor, without a claim first having been filed, if all of the following conditions are satisfied: (1) The identity of the creditor was known to, or reasonably ascer…

(a) This chapter does not apply to an action commenced before July 1, 1989. (b) The applicable law in effect before July 1, 1989, continues to apply to an action commenced before July 1, 1989, notwithstanding its repeal by Chapter 1199 of the Statutes of 1988. (Enacted by Stats. …