Title PROB, California Prob. Code

(a) The surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file an election and agreement to have all or part of the one-half of the community property that belongs to the surviving spouse under Sectio…

Notwithstanding the provisions of this part, community property held in a revocable trust described in Section 761 of the Family Code is governed by the provisions, if any, in the trust for disposition in the event of death. (Amended by Stats. 1994, Ch. 1269, Sec. 61.6. Effective…

This part applies whether the deceased spouse died before, on, or after July 1, 1987. (Enacted by Stats. 1990, Ch. 79.)

A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 202 to 206, inclusive, of the Probate Code (as repealed by Chapter 527 of the Statutes of 1984) or former Sections 649.1 to 649.5, inclusive, or Secti…

As used in this chapter, “waiver” means a waiver by the surviving spouse of any of the rights listed in subdivision (a) of Section 141, whether signed before or during marriage. (Enacted by Stats. 1990, Ch. 79.)

The portion of this division consisting of Part 1 (commencing with Section 1400), Part 2 (commencing with Section 1500), Part 3 (commencing with Section 1800), and Part 4 (commencing with Section 2100) may be cited as the Guardianship-Conservatorship Law. (Enacted by Stats. 1990,…

Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. (Enacted by Stats. 1990, Ch. 79.)

“Absentee” means either of the following: (a) A member of a uniformed service covered by United States Code, Title 37, Chapter 10, who is determined thereunder by the secretary concerned, or by the authorized delegate thereof, to be in missing status as missing status is defined …

(a) The right of a surviving spouse to any of the following may be waived in whole or in part by a waiver under this chapter: (1) Property that would pass from the decedent by intestate succession. (2) Property that would pass from the decedent by testamentary disposition in a wi…

“Court,” when used in connection with matters in the guardianship or conservatorship proceeding, means the court in which such proceeding is pending. (Enacted by Stats. 1990, Ch. 79.)

“Court investigator” means the person referred to in Section 1454. (Enacted by Stats. 1990, Ch. 79.)

“Custodial parent” means the parent who either (a) has been awarded sole legal and physical custody of the child in another proceeding, or (b) with whom the child resides if there is currently no operative custody order. If the child resides with both parents, then they are joint…

(a) A waiver under this chapter shall be in writing and shall be signed by the surviving spouse. (b) Subject to subdivision (c), a waiver under this chapter is enforceable only if it satisfies the requirements of subdivision (a) and is enforceable under either Section 143 or Sect…

“Developmental disability” means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial handicap for the individual. As defined by the Director of Developmental Services, in…

“Interested person” includes, but is not limited to: (a) Any interested state, local, or federal entity or agency. (b) Any interested public officer or employee of this state or of a local public entity of this state or of the federal government. (Enacted by Stats. 1990, Ch. 79.)…

(a) Subject to Section 142, a waiver is enforceable under this section unless the surviving spouse proves either of the following: (1) A fair and reasonable disclosure of the property or financial obligations of the decedent was not provided to the surviving spouse prior to the s…

“Petition” includes an application or request in the nature of a petition. (Enacted by Stats. 1990, Ch. 79.)

“Proceedings to establish a limited conservatorship” include proceedings to modify or revoke the powers or duties of a limited conservator. (Enacted by Stats. 1990, Ch. 79.)

(a) Except as provided in subdivision (b), subject to Section 142, a waiver is enforceable under this section if the court determines either of the following: (1) The waiver at the time of signing made a fair and reasonable disposition of the rights of the surviving spouse. (2) T…

“Secretary concerned” has the same meaning as provided in United States Code, Title 37, Section 101. (Enacted by Stats. 1990, Ch. 79.)

“Single-premium deferred annuity” means an annuity offered by an admitted life insurer for the payment of a one-time lump-sum premium and for which the insurer neither assesses any initial charges or administrative fees against the premium paid nor exacts or assesses any penalty …

(a) As used in this division, unless the context otherwise requires, the terms “Indian,” “Indian child,” “Indian child’s tribe,” “Indian custodian,” “Indian tribe,” “reservation,” and “tribal court” shall be defined as provided in Section 1903 of the Indian Child Welfare Act (25 …

Unless the waiver or property settlement provides to the contrary, a waiver under this chapter of “all rights” (or equivalent language) in the property or estate of a present or prospective spouse, or a complete property settlement entered into after or in anticipation of separat…

(a) As used in this section, “agreement” means a written agreement signed by each spouse or prospective spouse altering, amending, or revoking a waiver under this chapter. (b) Except as provided in subdivisions (c) and (d) of Section 147, unless the waiver specifically otherwise …

(a) Subject to subdivisions (c) and (d), a waiver, agreement, or property settlement made after December 31, 1984, is invalid insofar as it affects the rights listed in subdivision (a) of Section 141 unless it satisfies the requirements of this chapter. (b) Nothing in this chapte…

Subject to other provisions of this chapter, a trust may be created by any of the following methods: (a) A declaration by the owner of property that the owner holds the property as trustee. (b) A transfer of property by the owner during the owner’s lifetime to another person as t…

A trust is created only if the settlor properly manifests an intention to create a trust. (Enacted by Stats. 1990, Ch. 79.)

A trust is created only if there is trust property. (Enacted by Stats. 1990, Ch. 79.)

A trust may be created for any purpose that is not illegal or against public policy. (Enacted by Stats. 1990, Ch. 79.)

A trust created for an indefinite or general purpose is not invalid for that reason if it can be determined with reasonable certainty that a particular use of the trust property comes within that purpose. (Enacted by Stats. 1990, Ch. 79.)

(a) A trust, other than a charitable trust, is created only if there is a beneficiary. (b) The requirement of subdivision (a) is satisfied if the trust instrument provides for either of the following: (1) A beneficiary or class of beneficiaries that is ascertainable with reasonab…

A trust in relation to real property is not valid unless evidenced by one of the following methods: (a) By a written instrument signed by the trustee, or by the trustee’s agent if authorized in writing to do so. (b) By a written instrument conveying the trust property signed by t…

(a) The existence and terms of an oral trust of personal property may be established only by clear and convincing evidence. (b) The oral declaration of the settlor, standing alone, is not sufficient evidence of the creation of a trust of personal property. (c) In the case of an o…

Consideration is not required to create a trust, but a promise to create a trust in the future is enforceable only if the requirements for an enforceable contract are satisfied. (Enacted by Stats. 1990, Ch. 79.)

If a trust provides for one or more successor beneficiaries after the death of the settlor, the trust is not invalid, merged, or terminated in either of the following circumstances: (a) Where there is one settlor who is the sole trustee and the sole beneficiary during the settlor…

A trust created pursuant to this chapter which relates to real property may be recorded in the office of the county recorder in the county where all or a portion of the real property is located. (Enacted by Stats. 1990, Ch. 79.)

A trust for a noncharitable corporation or unincorporated society or for a lawful noncharitable purpose may be performed by the trustee for only 21 years, whether or not there is a beneficiary who can seek enforcement or termination of the trust and whether or not the terms of th…

(a) Subject to the requirements of this section, a trust for the care of an animal is a trust for a lawful noncharitable purpose. Unless expressly provided in the trust, the trust terminates when no animal living on the date of the settlor’s death remains alive. The governing ins…

(a) The superior court having jurisdiction over the trust pursuant to this part has exclusive jurisdiction of proceedings concerning the internal affairs of trusts. (b) The superior court having jurisdiction over the trust pursuant to this part has concurrent jurisdiction of the …

In proceedings commenced pursuant to this division, the court is a court of general jurisdiction and has all the powers of the superior court. (Amended by Stats. 1990, Ch. 710, Sec. 44. Operative July 1, 1991, by Sec. 48 of Ch. 710.)

(a) The principal place of administration of the trust is the usual place where the day-to-day activity of the trust is carried on by the trustee or its representative who is primarily responsible for the administration of the trust. (b) If the principal place of administration o…

Subject to Section 17004: (a) By accepting the trusteeship of a trust having its principal place of administration in this state the trustee submits personally to the jurisdiction of the court under this division. (b) To the extent of their interests in the trust, all beneficiari…

The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure. (Enacted by Stats. 1990, Ch. 79.)

(a) The proper county for commencement of a proceeding pursuant to this division is either of the following: (1) In the case of a living trust, the county where the principal place of administration of the trust is located. (2) In the case of a testamentary trust, either the coun…

There is no right to a jury trial in proceedings under this division concerning the internal affairs of trusts. (Enacted by Stats. 1990, Ch. 79.)

(a) Unless otherwise provided in the contract or in this chapter, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administration of the trust unless the trustee fails to reveal the trustee’s representativ…