Title PROB — California Prob. Code

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. …

A guardian or conservator may be removed for any of the following causes: (a) Failure to use ordinary care and diligence in the management of the estate. (b) Failure to file an inventory or an account within the time allowed by law or by court order. (c) Continued failure to perf…

The ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward or conservatee, or any interested person may apply by petition to the court to have the guardian or conservator removed. The petition shall sta…

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.)

(a) The guardian or conservator, the ward or conservatee, the spouse of the ward or the spouse or registered domestic partner of the conservatee, a relative or friend of the ward or conservatee, and any interested person may appear at the hearing and support or oppose the petitio…

Whenever it appears that the ward or conservatee or the estate may suffer loss or injury during the time required for notice and hearing under this article, the court, on its own motion or on petition, may do either or both of the following: (a) Suspend the powers of the guardian…

(a) A guardian or conservator may be removed from office if the guardian or conservator is found in contempt for disobeying an order of the court. (b) Notwithstanding any other provision of this article, a guardian or conservator may be removed from office under subdivision (a) b…

A guardian or conservator may at any time file with the court a petition tendering the resignation of the guardian or conservator. 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.…

Whenever the court grants a petition removing the guardian or conservator of a minor ward or conservatee or tendering the resignation of the guardian or conservator of a minor ward or conservatee, if the court does not immediately appoint a successor guardian or conservator, the …

Subject to the limitations, conditions, and requirements of this chapter, the personal representative may sell real or personal property of the estate in any of the following cases: (a) Where the sale is necessary to pay debts, devises, family allowance, expenses of administratio…

(a) If the personal representative neglects or refuses to sell the property, any interested person may petition the court for an order requiring the personal representative to sell real or personal property of the estate in any of the following cases: (1) Where the sale is necess…

(a) Subject to subdivision (b), if directions are given in the will as to the mode of selling or the particular property to be sold, the personal representative shall comply with those directions. (b) If the court determines that it would be to the advantage of the estate and in …

Subject to Part 4 (commencing with Section 21400) of Division 11 and to Sections 10001 and 10002, if estate property is required or permitted to be sold, the personal representative may: (a) Use discretion as to which property to sell first. (b) Sell the entire interest of the es…

(a) Where the personal representative determines in his or her discretion that, by use or relationship, any assets of the estate, whether real or personal, constitute a unit for purposes of sale, the personal representative may cause the property to be appraised as a unit. (b) Wh…

(a) If any property in the estate is sold for more than the appraised value, the personal representative shall account for the proceeds of sale, including the excess over the appraised value. (b) If any property in the estate is sold for less than the appraised value and the sale…

If property in the estate is to be sold as an undivided interest in a cotenancy, the other cotenants may file in the estate proceeding written consent to have their interests sold pursuant to this chapter. Thereafter, the court’s orders made pursuant to this chapter are as bindin…

(a) The personal representative may enter into a written contract with either or both of the following: (1) A licensed real estate broker to secure a purchaser for any real property of the estate. The broker may associate other licensed real estate brokers for this purpose, inclu…

(a) The personal representative may enter into a written contract with any of the following: (1) Where the public auction sale will be held in this state, an auctioneer who is qualified to conduct business under Title 2.95 (commencing with Section 1812.600) of Part 4 of Division …

The estate is not liable to an agent, broker, or auctioneer under a contract for the sale of property or for any fee, commission, or other compensation or expenses in connection with a sale of property unless the following requirements are satisfied: (a) An actual sale is made. (…

The estate is not liable to an agent or broker under a contract for the sale of property or for any fee, commission, or other compensation or expenses in connection with sale of the property in either of the following cases: (a) Where the agent or broker, directly or indirectly, …

(a) Subject to the provisions of this article, whether or not the agent or broker has a contract with the personal representative, the fee, commission, or other compensation of an agent or broker in connection with a sale of property shall be the amount the court, in its discreti…

(a) Subject to subdivision (b), where the bid returned to the court for confirmation is made by a person who is not represented by an agent or broker and the successful bidder is represented by an agent or broker, the compensation of the agent or broker who procured the purchaser…

(a) This section applies if all of the following circumstances exist: (1) There is no agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property. (2) The bid returned to court for confirmation is made by a purchaser represented by an …

Subject to Section 10162.6, where an agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property, the court shall allow to the agent or broker holding the contract the compensation determined under Section 10161 on: (a) The full amount f…

(a) This section applies if both of the following circumstances exist: (1) An agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property. (2) The contract provides that no compensation is payable to the agent or broker holding the contr…

(a) Subject to Section 10162.6, this section applies if all of the following circumstances exist: (1) There is an agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property. (2) The bid returned to court for confirmation is made by a …

Subject to Sections 10162 and 10162.6, where the original bid returned to the court for confirmation was made by a purchaser who was not procured by an agent or broker, the court shall allow the compensation determined under Section 10161 on the full amount for which the sale is …

(a) This section applies only where the court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser who was not procured by a bona fide agent or broker. (b) Except as provided in subdivision (c), the court shall allo…

(a) Subject to Section 10162.6, where the court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser procured by a bona fide agent or broker, the court shall allow the compensation determined under Section 10161 on …

Notwithstanding that a bid contains a condition that a certain amount of the bid shall be paid to an agent or broker by the personal representative, only such compensation as is proper under this article shall be allowed. Acceptance of the bid by the court binds the bidder even t…

(a) Subject to subdivision (b), whether or not the auctioneer has a contract with the personal representative, the fees, compensation, and expenses of an auctioneer in connection with a sale of property shall be the amount the court, in its discretion, determines to be a reasonab…

This article does not supersede any agreement cooperating agents or brokers may have among themselves to divide the compensation payable under this article.

(a) As used in this section, “securities” means “security” as defined in Section 70, land trust certificates, certificates of beneficial interest in trusts, investment trust certificates, mortgage participation certificates, or certificates of deposit for any of the foregoing, bu…

(a) For purposes of this section: (1) “Federal association” is defined in Section 5102 of the Financial Code. (2) “Mutual capital certificate” is defined in Section 5111 of the Financial Code. (3) “Savings account” is defined in Section 5116 of the Financial Code. (4) “Savings as…