Title PROB, California Prob. Code

“Agent” means a person who has a present right, subject to request, to payment from an account as an attorney in fact under a power of attorney. (Enacted by Stats. 1990, Ch. 79.)

“Beneficiary” means a person named in a Totten trust account as one for whom a party to the account is named as trustee. (Enacted by Stats. 1990, Ch. 79.)

“Financial institution” includes: (a) A financial institution as defined in Section 40. (b) An industrial loan company as defined in Section 18003 of the Financial Code. (Enacted by Stats. 1990, Ch. 79.)

“Joint account” means an account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship. (Enacted by Stats. 1990, Ch. 79.)

A “multiple-party account” is any of the following types of account: (a) A joint account. (b) A P.O.D. account. (c) A Totten trust account. (Enacted by Stats. 1990, Ch. 79.)

(a) “Net contribution” of a party to an account as of any given time is the sum of all of the following: (1) All deposits thereto made by or for the party, less all withdrawals made by or for the party that have not been paid to or applied to the use of any other party. (2) A pro…

(a) “Party” means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account other than as an agent. (b) A P.O.D. payee is a party, by reason of being a P.O.D. payee, only after the account becomes payable to the p…

“Payment” of sums on deposit includes all of the following: (a) A withdrawal, including payment on check or other directive of a party. (b) A pledge of sums of deposit. (c) A setoff, reduction, or other disposition of all or part of an account pursuant to a pledge. (Enacted by St…

“P.O.D.” means pay on death. (Enacted by Stats. 1990, Ch. 79.)

“P.O.D. account” means any of the following: (a) An account payable on request to one person during the person’s lifetime and on the person’s death to one or more P.O.D. payees. (b) An account payable on request to one or more persons during their lifetimes and on the death of al…

“P.O.D. payee” means a person designated on a P.O.D. account as one to whom the account is payable on request after the death of one or more persons. (Enacted by Stats. 1990, Ch. 79.)

“Proof of death” includes any of the following: (a) An original or attested or certified copy of a death certificate. (b) A record or report that is prima facie evidence of death under Section 103550 of the Health and Safety Code, Sections 1530 to 1532, inclusive, of the Evidence…

Except to the extent the terms of the account or deposit agreement expressly provide otherwise, a financial institution “receives” an order or notice under this part when it is received by the particular office or branch office of the financial instutition where the account is ca…

“Request” means a proper request for withdrawal, including a check or order for payment, that complies with all conditions of the account (including special requirements concerning necessary signatures) and regulations of the financial institution; but, if the financial instituti…

“Sums on deposit” means both of the following: (a) The balance payable on an account, including interest and dividends earned, whether or not included in the current balance. (b) Any life insurance proceeds added to the account by reason of the death of a party. (Enacted by Stats…

“Withdrawal” includes payment to a third person pursuant to a check or other directive of a party or an agent. (Enacted by Stats. 1990, Ch. 79.)

Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)

“Beneficiary” means a person named in a revocable transfer on death deed as transferee of the property. A natural person, trust, or legal entity may be named as a beneficiary. (Amended by Stats. 2021, Ch. 215, Sec. 4. (SB 315) Effective January 1, 2022. Repealed as of January 1, …

(a) Except as provided in subdivision (b), “real property” means either of the following: (1) A parcel of land that is improved with one to four residential dwelling units. (2) A residential separate interest and its appurtenant common area in a common interest development, regar…

“Recorded” has the meaning provided in Section 1170 of the Civil Code. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)

(a) “Revocable transfer on death deed” means an instrument created pursuant to this part that does all of the following: (1) Makes a donative transfer of real property to a named beneficiary. (2) Operates on the transferor’s death. (3) Remains revocable until the transferor’s dea…

“Stock cooperative” has the same meaning as in Section 4190 of the Civil Code. (Added by Stats. 2023, Ch. 62, Sec. 3. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)

“Subscribing witness” means a person who signs a revocable transfer on death deed as a witness, as provided in Section 5624. (Added by Stats. 2021, Ch. 215, Sec. 7. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

“Transferor” means an owner of real property who makes a revocable transfer on death deed of the property. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)

“Unsecured debts” includes, but is not limited to, a transferor’s funeral expenses, expenses of a transferor’s last illness, and wage claims. (Added by Stats. 2021, Ch. 215, Sec. 8. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

Unless this part specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this part may be exercised by the personal representative without court authorization, instruction, approval, or confirmation. Not…

(a) In all cases where no other procedure is provided by statute, upon petition of the personal representative, the court may authorize and instruct the personal representative, or approve and confirm the acts of the personal representative, in the administration, management, inv…

(a) On petition of any interested person, and upon a showing that if the petition is not granted the estate will suffer great or irreparable injury, the court may direct the personal representative to act or not to act concerning the estate. The order may include terms and condit…

(a) On petition of an interested person, the court may suspend the powers of the personal representative in whole or in part, for a time, as to specific property or circumstances or as to specific duties of the office, or may make any other order to secure proper performance of t…

(a) When all debts have been paid or adequately provided for, or if the estate is insolvent, and the estate is in a condition to be closed, the personal representative shall file a petition for, and the court shall make, an order for final distribution of the estate. (b) The cour…

When an order settling a final account and for final distribution is entered, the personal representative may immediately distribute the property in the estate to the persons entitled to distribution, without further notice or proceedings. (Enacted by Stats. 1990, Ch. 79.)

Any property acquired or discovered after the court order for final distribution is made shall be distributed in the following manner: (a) If the order disposes of the property, distribution shall be made in the manner provided in the order. The court may, in an appropriate case,…

This article does not apply in any of the following cases: (a) Where the petition is for guardianship of the estate exclusively. (b) Where the proposed guardian is a relative of the proposed ward. (c) Where the Director of Developmental Services is appointed guardian pursuant to …

In addition to the other required contents of the petition for appointment of a guardian, the petition shall include both of the following: (a) A statement by the proposed guardian that, upon request by an agency referred to in Section 1543 for information relating to the investi…

In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the Director of Social Services at the director’s office in Sacramen…

(a) If the petition as filed or as amended states that an adoption petition has been filed, a report with respect to the suitability of the proposed guardian for guardianship shall be filed with the court by the agency investigating the adoption. In other cases, the local agency …

A trustee who has accepted the trust may resign only by one of the following methods: (a) As provided in the trust instrument. (b) In the case of a revocable trust, with the consent of the person holding the power to revoke the trust. (c) In the case of a trust that is not revoca…

The liability for acts or omissions of a resigning trustee or of the sureties on the trustee’s bond, if any, is not released or affected in any manner by the trustee’s resignation. (Enacted by Stats. 1990, Ch. 79.)

(a) A trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on petition of a settlor, cotrustee, or beneficiary under Section 17200. (b) The grounds for removal of a trustee by the court include the following: (1) Where the trustee has…

There is a vacancy in the office of trustee in any of the following circumstances: (a) The person named as trustee rejects the trust. (b) The person named as trustee cannot be identified or does not exist. (c) The trustee resigns or is removed. (d) The trustee dies. (e) A conserv…

When a vacancy has occurred in the office of trustee, the former trustee who holds property of the trust shall deliver the trust property to the successor trustee or a person appointed by the court to receive the property and remains responsible for the trust property until it is…

If the trustee of a trust that is not revocable has refused to transfer administration of the trust to a successor trust company on request of the beneficiaries described in subdivision (c) of Section 15640 and the court in subsequent proceedings under Section 17200 makes an orde…

The trustee has a duty to keep the beneficiaries of the trust reasonably informed of the trust and its administration. (Enacted by Stats. 1990, Ch. 79.)

As used in this article, “terms of the trust” means the written trust instrument of an irrevocable trust or those provisions of a written trust instrument in effect at the settlor’s death that describe or affect that portion of a trust that has become irrevocable at the death of …

On the request of a beneficiary, the trustee shall provide the terms of the trust to the beneficiary unless the trustee is not required to provide the terms of the trust to the beneficiary in accordance with Section 16069. (Added by Stats. 2010, Ch. 621, Sec. 2. (SB 202) Effectiv…

Except as provided in Section 16069, on reasonable request by a beneficiary, the trustee shall report to the beneficiary by providing requested information to the beneficiary relating to the administration of the trust relevant to the beneficiary’s interest. (Amended by Stats. 20…