Title PROB, California Prob. Code

A conservator shall accommodate the desires of the conservatee, except to the extent that doing so would violate the conservator’s fiduciary duties to the conservatee or impose an unreasonable expense on the conservatorship estate. To the greatest extent possible, the conservator…

The definitions in this chapter govern the construction of this part. (Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)

(a) “Care custodian” means a person who provides health or social services to a dependent adult, except that “care custodian” does not include a person who provided services without remuneration if the person had a personal relationship with the dependent adult (1) at least 90 da…

“Cohabitant” has the meaning provided in Section 13700 of the Penal Code. (Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)

“Dependent adult” means a person who, at the time of executing the instrument at issue under this part, was a person described in either of the following: (a) The person was 65 years of age or older and satisfied one or both of the following criteria: (1) The person was unable to…

“Domestic partner” has the meaning provided in Section 297 of the Family Code. (Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)

“Independent attorney” means an attorney who has no legal, business, financial, professional, or personal relationship with the beneficiary of a donative transfer at issue under this part, and who would not be appointed as a fiduciary or receive any pecuniary benefit as a result …

(a) A person who is “related by blood or affinity” to a specified person means any of the following persons: (1) A spouse or domestic partner of the specified person. (2) A relative within a specified degree of kinship to the specified person or within a specified degree of kinsh…

As used in this part, “Internal Revenue Code” means the Internal Revenue Code of 1986, as amended from time to time. A reference to a provision of the Internal Revenue Code includes any subsequent provision of law enacted in its place. (Enacted by Stats. 1990, Ch. 79.)

(a) This part applies to a distribution made on or after January 1, 1988, whether the transferor died before, on, or after that date. (b) A distribution made on or after January 1, 1983, and before January 1, 1988, is governed by the applicable law in effect before January 1, 198…

(a) This part does not apply to an instrument the terms of which expressly or by necessary implication make this part inapplicable. (b) By an appropriate statement made in an instrument, the transferor may incorporate by reference any or all of the provisions of this part. The ef…

(a) If an instrument includes a formula intended to eliminate the federal estate tax, the formula shall be applied to eliminate or to reduce to the maximum extent possible the federal estate tax. (b) If an instrument includes a formula that refers to a maximum fraction or amount …

This part shall apply to property passing by will through a decedent’s estate or by a trust, as defined in Section 82, that becomes irrevocable only on the death of the settlor. (Added by Stats. 1997, Ch. 724, Sec. 34. Effective January 1, 1998.)

(a) For purposes of this part, “decedent’s testamentary instruments” means the decedent’s will or revocable trust. (b) “Estate” as used in this part shall include a decedent’s probate estate and all property held in any revocable trust that becomes irrevocable on the death of the…

Except as otherwise provided in this chapter, if the title to property or the devolution of property depends upon priority of death and it cannot be established by clear and convincing evidence that one of the persons survived the other, the property of each person shall be admin…

(a) This chapter does not apply in any case where Section 103, 6211, or 6403 applies. (b) This chapter does not apply in the case of a trust, deed, or contract of insurance, or any other situation, where (1) provision is made dealing explicitly with simultaneous deaths or deaths …

(a) If property is so disposed of that the right of a beneficiary to succeed to any interest in the property is conditional upon surviving another person and it cannot be established by clear and convincing evidence that the beneficiary survived the other person, the beneficiary …

(a) As used in this section, “joint tenants” includes owners of property held under circumstances that entitled one or more to the whole of the property on the death of the other or others. (b) If property is held by two joint tenants and both of them have died and it cannot be e…

If the insured and a beneficiary under a policy of life or accident insurance have died and it cannot be established by clear and convincing evidence that the beneficiary survived the insured, the proceeds of the policy shall be administered or distributed, or otherwise dealt wit…

This chapter does not apply where a person the priority of whose death is in issue died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where none of the persons the priority of whose death is in issue died on or after January 1, 1985. …

If a statute calls for property to be distributed or taken in the manner provided in this section, the property shall be divided into as many equal shares as there are living members of the nearest generation of issue then living and deceased members of that generation who leave …

Section 240 does not apply where the death of the decedent in the case of intestate succession or of the testator, settlor, or other transferor occurred before January 1, 1985, and the law applicable prior to January 1, 1985, shall continue to apply where the death occurred befor…

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

“Beneficiary” means the person entitled, but for the person’s disclaimer, to take an interest. (Enacted by Stats. 1990, Ch. 79.)

(a) “Creator of the interest” means a person who establishes, declares, creates, or otherwise brings into existence an interest. (b) “Creator of the interest” includes, but is not limited to, the following: (1) With respect to an interest created by intestate succession, the pers…

“Disclaimant” means a beneficiary who executes a disclaimer on his or her own behalf or a person who executes a disclaimer on behalf of a beneficiary. (Enacted by Stats. 1990, Ch. 79.)

“Disclaimer” means any writing which declines, refuses, renounces, or disclaims any interest that would otherwise be taken by a beneficiary. (Enacted by Stats. 1990, Ch. 79.)

“Employee benefit plan” includes, but is not limited to, any pension, retirement, death benefit, stock bonus, or profit-sharing plan, system, or trust. (Enacted by Stats. 1990, Ch. 79.)

(a) “Interest” includes the whole of any property, real or personal, legal or equitable, or any fractional part, share, or particular portion or specific assets thereof, or any estate in any such property, or any power to appoint, consume, apply, or expend property, or any other …

(a) (1) If the public guardian or public conservator determines that the requirements for appointment of a guardian or conservator of the estate are satisfied and the public guardian or public conservator intends to apply for appointment, the public guardian or public conservator…

(a) A public guardian who is authorized to take possession or control of property under this chapter may issue a written certification of that fact. The written certification is effective for 30 days after the date of issuance. (b) The written recordable certification shall subst…

(a) A public guardian or public conservator, who is authorized to restrain any person from transferring, encumbering, or in any way disposing of any real or personal property held in a trust in accordance with paragraph (2) of subdivision (a) of Section 2900, may issue a written …

A public guardian who takes possession or control of property pursuant to this chapter is entitled to reasonable costs incurred for the preservation of the property, together with reasonable compensation for services, in case of the subsequent appointment of another person as gua…

This chapter applies only to possession or control of property by a public guardian on or after July 1, 1989. Possession or control of property by a public guardian before July 1, 1989, is governed by the applicable law in effect before July 1, 1989, notwithstanding its repeal by…

A parent who receives any money or property belonging to a minor under any provision of this part shall account to the minor for the money or other property when the minor reaches the age of majority. (Enacted by Stats. 1990, Ch. 79.)

Nothing in this part limits the provisions of the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900). (Enacted by Stats. 1990, Ch. 79.)

(a) The Controller shall appoint at least one person in each county to act as a probate referee for the county. (b) If there are fewer than three qualified applicants to serve in a county, the Controller may designate a probate referee from another county or make an interim appoi…

This division may be cited as the Power of Attorney Law. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)

Sections 4124, 4125, 4126, 4127, 4206, 4304, and 4305 may be cited as the Uniform Durable Power of Attorney Act. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)

(a) Appointment shall be from among persons passing a qualification examination. A person who passes the examination is eligible for appointment for a period of five years from the date of the examination. (b) Appointment shall be on the basis of merit without regard to sex, race…

Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)

(a) “Attorney-in-fact” means a person granted authority to act for the principal in a power of attorney, regardless of whether the person is known as an attorney-in-fact or agent, or by some other term. (b) “Attorney-in-fact” includes a successor or alternate attorney-in-fact and…

“Durable power of attorney” means a power of attorney that satisfies the requirements for durability provided in Section 4124. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)

(a) The qualification examination for applicants for appointment to act as a probate referee shall be held at times and places within the state determined by the Controller. (b) The Controller may contract with another agency to administer the qualification examination. Administr…

“Power of attorney” means a written instrument, however denominated, that is executed by a natural person having the capacity to contract and that grants authority to an attorney-in-fact. A power of attorney may be durable or nondurable. (Added by Stats. 1994, Ch. 307, Sec. 16. E…

“Principal” means a natural person who executes a power of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)