Title PROB, California Prob. Code

(a) The personal representative shall file with the court clerk an inventory of property to be administered in the decedent’s estate together with an appraisal of property in the inventory. An inventory and appraisal shall be combined in a single document. (b) The inventory and a…

If the personal representative acquires knowledge of property to be administered in the decedent’s estate that is not included in a prior inventory and appraisal, the personal representative shall file a supplemental inventory and appraisal of the property in the manner prescribe…

The inventory and appraisal shall separately list each item and shall state the fair market value of the item at the time of the decedent’s death in monetary terms opposite the item. (Enacted by Stats. 1990, Ch. 79.)

On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal representative shall, pursuant to Section 1252, deliver a copy to each person who has requested special notice. (Amended by Stats. 2017, Ch. 319, Sec. 70. (AB 976) Effective Januar…

If the personal representative refuses or negligently fails to file an inventory and appraisal within the time allowed under this chapter, upon petition of an interested person: (a) The court may compel the personal representative to file an inventory and appraisal pursuant to th…

As used in this division: (a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated: (1) Liability of the decedent, whether arising in contract, tort, or otherwise. (2) Liab…

(a) The publication of notice under Section 8120 and the giving of notice of administration of the estate of the decedent under Chapter 2 (commencing with Section 9050) constitute notice to creditors of the requirements of this part. (b) Nothing in subdivision (a) affects a notic…

Except as otherwise provided by statute: (a) All claims shall be filed in the manner and within the time provided in this part. (b) A claim that is not filed as provided in this part is barred. (Enacted by Stats. 1990, Ch. 79.)

A claim that is established under this part shall be included among the debts to be paid in the course of administration. (Enacted by Stats. 1990, Ch. 79.)

(a) This part does not apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1988. (b) The applicable law in effect before July 1, 1988, governing the subject matter of this part continues to apply in any proceeding for administration of a dec…

Any interested person, or a sister state or foreign nation personal representative, may commence an ancillary administration proceeding by a petition to the court for either or both of the following: (a) Probate of the nondomiciliary decedent’s will. (b) Appointment of a local pe…

The proper county for an ancillary administration proceeding under this chapter is the county determined pursuant to Section 7052. (Enacted by Stats. 1990, Ch. 79.)

Notice of an ancillary administration proceeding shall be given and, except as provided in Article 2 (commencing with Section 12520), the same proceedings had as in the case of a petition for probate of a will or appointment of a personal representative of a person who dies domic…

If the decedent dies while domiciled in a sister state, a personal representative appointed by a court of the decedent’s domicile has priority over all other persons except where the decedent’s will nominates a different person to be the personal representative in this state. The…

A trustee has the following powers without the need to obtain court authorization: (a) The powers conferred by the trust instrument. (b) Except as limited in the trust instrument, the powers conferred by statute. (c) Except as limited in the trust instrument, the power to perform…

This chapter does not affect the power of a court to relieve a trustee from restrictions on the exercise of powers under the trust instrument. (Enacted by Stats. 1990, Ch. 79.)

The grant of a power to a trustee, whether by the trust instrument, by statute, or by the court, does not in itself require or permit the exercise of the power. The exercise of a power by a trustee is subject to the trustee’s fiduciary duties. (Enacted by Stats. 1990, Ch. 79.)

An instrument that incorporates the powers provided in former Section 1120.2 (repealed by Chapter 820 of the Statutes of 1986) shall be deemed to refer to the powers provided in Article 2 (commencing with Section 16220). For this purpose, the trustee’s powers under former Section…

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter: (a) “Generation-skipping transfer tax” means a tax imposed by any federal or California generation-skipping transfer tax law, now existing or hereafter enacted, a…

(a) This chapter does not apply to transferees of property of a decedent who died before January 1, 1987. (b) No inference as to the applicable law in effect before January 1, 1987, shall be drawn from the enactment of this chapter. (Enacted by Stats. 1990, Ch. 79.)

(a) The superior court has jurisdiction of guardianship and conservatorship proceedings. (b) Chapter 8 (commencing with Section 1980) of Part 3 governs which state has jurisdiction of a conservatorship proceeding. (Amended by Stats. 2014, Ch. 553, Sec. 22. (SB 940) Effective Janu…

The proper county for the commencement of a guardianship or conservatorship proceeding for a resident of this state is either of the following: (a) The county in which the proposed ward or proposed conservatee resides. (b) Such other county as may be in the best interests of the …

(a) The proper county for the commencement of a proceeding for the guardianship or conservatorship of the person of a nonresident of this state is either of the following: (1) The county in which the proposed ward or conservatee is temporarily living. (2) Such other county as may…

(a) If proceedings for the guardianship or conservatorship of the estate are commenced in more than one county, the guardianship or conservatorship of the estate first granted, including a temporary guardianship or conservatorship of the estate, governs and extends to all the pro…

(a) If a proceeding for the guardianship of the person of the minor is filed in one county and a custody or visitation proceeding has already been filed in one or more other counties, the following shall apply: (1) If the guardianship proceeding is filed in a county where the pro…

(a) Except as provided in Section 304 of the Welfare and Institutions Code, and subject to the provisions specified in subdivision (b), upon the filing of an order appointing a guardian of the person of a minor in a guardianship proceeding, including an order appointing a tempora…

(a) Subject to Section 3071, the right of a spouse to manage and control community property, including the right to dispose of community property, is not affected by the lack or alleged lack of legal capacity of the other spouse. (b) Except as provided in subdivision (c), if one …

When community property is included or proposed to be included in the conservatorship estate of a spouse, the court in which the conservatorship proceeding is pending, upon its own motion or upon petition of a spouse having legal capacity or the conservator of either spouse and u…

(a) If consent is given under this article that community property be included in the conservatorship estate of a spouse, the death of either spouse terminates the consent. (b) If a spouse consents under this article that community property be included in the conservatorship esta…

Except as otherwise provided in this part and subject to Section 3071, when community property is included in a conservatorship estate under this article for the purpose of management, control, and disposition, the conservator has the same powers and duties with respect to such p…

(a) Where a spouse lacks legal capacity and does not have a conservator, any interested person who has knowledge or reason to believe that the rights of such spouse in the community property are being prejudiced may bring an action on behalf of such spouse to enforce the duty imp…

(a) As used in this article, “total estate of the minor” includes both the money and other property belonging to the minor and the money and other property belonging to the guardianship estate, if any, of the minor. (b) In computing the “total estate of the minor” for the purpose…

(a) Where a minor does not have a guardian of the estate, money or other property belonging to the minor may be paid or delivered to a parent of the minor entitled to the custody of the minor to be held in trust for the minor until the minor reaches majority if the requirements o…

The written receipt of the parent giving the written assurance under Section 3401 shall be an acquittance of the person making the payment of money or delivery of other property pursuant to this article. (Enacted by Stats. 1990, Ch. 79.)

As used in this chapter, “written consent” to a provision for a nonprobate transfer of community property on death includes a written joinder in such a provision. (Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)

Notwithstanding any other provision of this part, the rights of the parties in a nonprobate transfer of community property on death are subject to all of the following: (a) The terms of the instrument under which the nonprobate transfer is made. (b) A contrary state statute speci…

A provision of this chapter concerning rights between a married person and the person’s spouse in community property is relevant only to controversies between the person and spouse and their successors and does not affect the obligation of a holder of community property under an …

Nothing in this chapter limits the effect of a surviving spouse’s waiver of rights in community property under Chapter 1 (commencing with Section 140) of Part 3 of Division 2 or other instrument or agreement that affects a married person’s interest in community property. (Added b…

(a) Except as provided in subdivision (b), this chapter applies to a provision for a nonprobate transfer of community property on the death of a married person, regardless of whether the provision for transfer of the property was executed by the person, or written consent to the …

Nothing in this chapter limits the application of principles of fraud, undue influence, duress, mistake, or other invalidating cause to a written consent to a provision for a nonprobate transfer of community property on death. (Added by Stats. 1992, Ch. 51, Sec. 6. Effective Janu…

An owner of real property who has the capacity to contract may make 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.)

The transferor shall identify the beneficiary by name in a revocable transfer on death deed. (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 is not effective unless all of the following conditions are satisfied: (a) The deed is signed by the transferor and dated. (b) The deed is signed by two witnesses who were present at the same time and who witnessed either the signing of the deed…

(a) Any person generally competent to be a witness may act as a witness to a revocable transfer on death deed. (b) A revocable transfer on death deed is not invalid because it is signed by an interested witness. (c) If a beneficiary of a revocable transfer on death deed is also a…

(a) A revocable transfer on death deed is not effective unless the deed is recorded on or before 60 days after the date it was acknowledged before a notary. (b) The transferor is not required to deliver a revocable transfer on death deed to the beneficiary during the transferor’s…

(a) If a revocable transfer on death deed is recorded for the same property for which another revocable transfer on death deed is recorded, the later executed deed is the operative instrument and its recordation revokes the earlier executed deed. (b) Revocation of a revocable tra…