Title PROB, California Prob. Code

(a) Except as otherwise provided in this section and in Section 16064, the trustee shall account at least annually, at the termination of the trust, and upon a change of trustee, to each beneficiary to whom income or principal is required or authorized in the trustee’s discretion…

(a) An account furnished pursuant to Section 16062 shall contain the following information: (1) A statement of receipts and disbursements of principal and income that have occurred during the last complete fiscal year of the trust or since the last account. (2) A statement of the…

The trustee is not required to account to a beneficiary as described in subdivision (a) of Section 16062, in any of the following circumstances: (a) To the extent the trust instrument waives the account, except that no waiver described in subdivision (e) of Section 16062 shall be…

Any waiver by a settlor of the obligation of the trustee of either of the following is against public policy and shall be void: (a) To provide the terms of the trust to the beneficiary as required by Sections 16060.7 and 16061.5. (b) To provide requested information to the benefi…

(a) The trustee is not required to account to the beneficiary, provide the terms of the trust to a beneficiary, or provide requested information to the beneficiary pursuant to Section 16061, in any of the following circumstances: (1) In the case of a beneficiary of a revocable tr…

(a) A petition for the appointment of a conservator may be filed by any of the following: (1) The proposed conservatee. (2) The spouse or domestic partner of the proposed conservatee. (3) A relative of the proposed conservatee. (4) Any interested state or local entity or agency o…

(a) (1) The petition shall request that a conservator be appointed for the person or estate, or both, shall specify the name, address, and telephone number of the proposed conservator and the name, address, and telephone number of the proposed conservatee, and state the reasons w…

(a) At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition. The court shall not shorten the time for gi…

(a) If the petition is filed by a person other than the proposed conservatee, the clerk shall issue a citation directed to the proposed conservatee setting forth the time and place of hearing. (b) The citation shall state the legal standards by which the need for a conservatorshi…

The citation and a copy of the petition shall be served on the proposed conservatee at least 15 days before the hearing. Service shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such manner as may be authorized by the court. If…

(a) The proposed conservatee shall be produced at the hearing except in the following cases: (1) Where the proposed conservatee is out of the state when served and is not the petitioner. (2) Where the proposed conservatee is unable to attend the hearing by reason of medical inabi…

(a) Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following: (1) Conduct the following interviews: (A) The proposed conservatee personally. (B) All petitioners and all proposed conservators who are not petitioners. …

The court shall hear and determine the matter of the establishment of the conservatorship according to the law and procedure relating to the trial of civil actions, including trial by jury if demanded by the proposed conservatee. (Amended by Stats. 2000, Ch. 17, Sec. 4.2. Effecti…

(a) In the case of any proceeding to establish a limited conservatorship for a person with developmental disabilities, within 30 days after the filing of a petition for limited conservatorship, a proposed limited conservatee, with his or her consent, shall be assessed at a region…

(a) Except as provided in subdivision (c), before the establishment of a conservatorship of the person or estate, or both, the court shall inform the proposed conservatee of all of the following: (1) The nature and purpose of the proceeding. (2) The establishment of a conservator…

(a) At the hearing on the petition for appointment of a limited conservator for an allegedly developmentally disabled adult, the court shall do each of the following: (1) Inquire into the nature and extent of the general intellectual functioning of the individual alleged to be de…

Any of the following persons may appear at the hearing to support or oppose the petition: (a) The proposed conservatee. (b) The spouse or registered domestic partner of the proposed conservatee. (c) A relative of the proposed conservatee. (d) Any interested person or friend of th…

(a) The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of: (1) The conservator. (2) The conservatee’s attorney, if any. (3) The court investigator, if any. (b) In the case of a limited conservator for a developmenta…

(a) Before letters are issued in a conservatorship that originates in this state or a conservatorship that is transferred to this state under Chapter 8 (commencing with Section 1980), the conservator (other than a trust company or a public conservator) shall file an acknowledgmen…

(a) Every superior court shall provide all conservators with written information concerning a conservator’s rights, duties, limitations, and responsibilities under this division. (b) The information to be provided shall include, but need not be limited to, the following: (1) The …

(a) Within 30 days of the establishment of a conservatorship under this division, and annually thereafter, the superior court shall provide information to a conservatee under its jurisdiction, written in plain language, with a list of the conservatee’s rights within the conservat…

(a) Upon appropriation by the Legislature, the Judicial Council shall establish a conservatorship alternatives program within each self-help center in every state Superior Court. (b) The purposes of the conservatorship alternatives program are: (1) To provide information relating…

(a) The personal representative or any person interested in the estate may commence a proceeding to have a court determine the proration pursuant to this chapter. (b) A proceeding under this article shall be commenced in the court in which the estate of the decedent was administe…

A proceeding under this article shall be commenced by filing a petition that sets forth all of the following information: (a) The jurisdictional facts. (b) Other facts necessary for the court to determine the proration of estate taxes. (Enacted by Stats. 1990, Ch. 79.)

Not less than 30 days before the hearing, the petitioner shall do both of the following: (a) Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the personal representative and to each person interested in the estate against whom pro…

(a) The court, upon making a determination as provided in this article, shall make an order: (1) Directing the personal representative to charge the prorated amounts against the persons against whom an estate tax has been prorated insofar as the personal representative is in poss…

Upon petition by the personal representative or any person interested in the estate, the court shall modify an order made pursuant to this article whenever it appears that the amount of estate tax as actually determined is different from the amount of estate tax on which the cour…

(a) A personal representative acting or resident in another state may commence an action in this state to recover from a person interested in the estate, who either is resident in this state or owns property in this state, the amount of the federal estate tax, or an estate tax or…

Except as provided in Sections 21211 and 21212, the time of creation of a nonvested property interest or a power of appointment is determined by other applicable statutes or, if none, under general principles of property law. (Added by Stats. 1991, Ch. 156, Sec. 24.)

For purposes of this chapter: (a) If there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (1) a nonvested property interest or (2) a property interest subject to a power of appointment described in Sectio…

For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original co…

Proceedings under this part are in the court having jurisdiction over the estate or, if none, any court in which jurisdiction of the estate is proper. (Enacted by Stats. 1990, Ch. 79.)

Notice of a hearing under this part shall be delivered pursuant to Section 1215 at least 15 days before the hearing to each fiduciary and consultant, and to the following persons: (a) In the case of a trust, to each known beneficiary, subject to the provisions of Chapter 2 (comme…

(a) A patient having capacity may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider. (b) A patient having capacity may revoke all or part of an advance health care directive, other than the designation of a…

A health care provider, agent, conservator, or surrogate who is informed of a revocation of an advance health care directive shall promptly communicate the fact of the revocation to the supervising health care provider and to any health care institution where the patient is recei…

(a) If after executing a power of attorney for health care the principal’s marriage to the agent is dissolved or annulled, the principal’s designation of the former spouse as an agent to make health care decisions for the principal is revoked. (b) If the agent’s authority is revo…

An advance health care directive that conflicts with an earlier advance directive revokes the earlier advance directive to the extent of the conflict. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)

If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may do either of the following: (a) Enter into an agreement in writing with the third person to refer the dispute to a temporary judge designated in th…

If there is a dispute relating to the estate between the personal representative and a third person, the personal representative 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 …

(a) If the trust has no trustee or if the trust instrument requires a vacancy in the office of a cotrustee to be filled, the vacancy shall be filled as provided in this section. (b) If the trust instrument provides a practical method of appointing a trustee or names the person to…

(a) The court may appoint as trustee of a trust the public guardian or public administrator of the county in which the matter is pending subject to the following requirements: (1) Neither the public guardian nor the public administrator shall be appointed as trustee unless the co…

Except as provided in Section 16081, a discretionary power conferred upon a trustee is not left to the trustee’s arbitrary discretion, but shall be exercised reasonably. (Enacted by Stats. 1990, Ch. 79.)

(a) Subject to the additional requirements of subdivisions (b), (c), and (d), if a trust instrument confers “absolute,” “sole,” or “uncontrolled” discretion on a trustee, the trustee shall act in accordance with fiduciary principles and shall not act in bad faith or in disregard …

Except as otherwise specifically provided in the trust instrument, a person who holds a power to appoint or distribute income or principal to or for the benefit of others, either as an individual or as trustee, may not use the power to discharge the legal obligations of the perso…

Except as otherwise provided in this article, a conservator for an absentee (Section 1403) shall be appointed as provided in Article 3 (commencing with Section 1820) of this chapter or Article 3 (commencing with Section 2001) of Chapter 8. (Amended by Stats. 2014, Ch. 553, Sec. 8…

In addition to the other required contents of the petition, if the proposed conservatee is an absentee: (a) The petition, and any notice required by Section 1822 or 2002, or any other law, shall set forth the last known military rank or grade and the social security account numbe…