Title PROB — California Prob. Code

Except as otherwise provided in this article, proceedings relating to trusts under continuing court jurisdiction are governed by this part. (Enacted by Stats. 1990, Ch. 79.)

This article does not apply to a trust described in Section 17300 that has been removed from continuing court jurisdiction. (Enacted by Stats. 1990, Ch. 79.)

(a) At any time after final distribution of the decedent’s estate, a trust described in Section 17300 may be transferred to a different county in this state as provided in this section. (b) The petition for transfer shall set forth all of the following: (1) The name of the county…

This article applies only to trusts created by will executed before July 1, 1977, and not incorporated by reference in a will on or after July 1, 1977. (Enacted by Stats. 1990, Ch. 79.)

(a) If any of the trustees of a trust described in Section 17350 is a trust company, the trust shall be removed from continuing court jurisdiction as provided in this section. Within six months after the initial funding of the trust, the trustee shall give a notice of removal of …

(a) If none of the trustees of a trust described in Section 17350 is a trust company, the trust may be removed from continuing court jurisdiction only with approval of the court. The trustee may petition for court approval at any time, and from time to time, in the trustee’s disc…

If a trust company is appointed as a successor trustee of a trust which, at the time of the appointment, is subject to continuing court jurisdiction because it was not removed pursuant to Section 17352, the successor trustee shall comply with Section 17351. For the purpose of com…

After a trust is removed from continuing court jurisdiction pursuant to this article, neither a change in trustees nor any other event causes the trust to be subject to continuing court jurisdiction under Article 1 (commencing with Section 17300). (Enacted by Stats. 1990, Ch. 79.…

As used in this article, unless the context otherwise requires, “transaction” includes, but is not limited to, making a contract, sale, transfer, or conveyance, incurring a debt or encumbering property, making a gift, delegating a power, and waiving a right. (Enacted by Stats. 19…

Nothing in this article shall be construed to deny a conservatee any of the following: (a) The right to control an allowance provided under Section 2421. (b) The right to control wages or salary to the extent provided in Section 2601. (c) The right to make a will. (d) The right t…

(a) Except as otherwise provided in this article, the appointment of a conservator of the estate is an adjudication that the conservatee lacks the legal capacity to enter into or make any transaction that binds or obligates the conservatorship estate. (b) Except as otherwise prov…

(a) In the order appointing the conservator or upon a petition filed under Section 1874, the court may, by order, authorize the conservatee, subject to Section 1876, to enter into transactions or types of transactions as may be appropriate in the circumstances of the particular c…

(a) After a conservator has been appointed, a petition requesting an order under Section 1873 may be filed by any of the following: (1) The conservator. (2) The conservatee. (3) The spouse, domestic partner, or any relative or friend of the conservatee. (b) Notice of the hearing …

A transaction that affects real property of the conservatorship estate, entered into by a person acting in good faith and for a valuable consideration and without knowledge of the establishment of the conservatorship, is not affected by any provision of this article or any order …

The provisions of this article relating to the legal capacity of a conservatee to bind or obligate the conservatorship estate, and the provisions of any order of the court broadening such capacity, do not displace but are supplemented by general principles of law and equity relat…

If the court determines that there is no form of medical treatment for which the conservatee has the capacity to give an informed consent, the court shall (1) adjudge that the conservatee lacks the capacity to give informed consent for medical treatment and (2) by order give the …

(a) A conservatee shall be deemed unable to give informed consent to any form of medical treatment pursuant to Section 1880 if, for all medical treatments, the conservatee is unable to respond knowingly and intelligently to queries about medical treatment or is unable to particip…

(a) An order of the court under Section 1880 may be included in the order of appointment of the conservator if the order was requested in the petition for the appointment of the conservator or the transfer petition under Section 2002 or, except in the case of a limited conservato…

(a) A petition may be filed under this article requesting that the court make an order under Section 1880 or that the court modify or revoke an order made under Section 1880. The petition shall state facts showing that the order requested is appropriate. (b) The petition may be f…

Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (Enacted by Stats. 1990, Ch. 79.)

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

If the petition alleges that the conservatee is not willing to attend the hearing or upon receipt of an affidavit or certificate attesting to the medical inability of the conservatee to attend the hearing, the court investigator shall do all of the following: (a) Interview the co…

(a) The conservatee, the spouse, the domestic partner, a relative, or a friend of the conservatee, the conservator, or any other interested person may appear at the hearing to support or oppose the petition. (b) Except where the conservatee is absent from the hearing and is not r…

(a) If the court determines that the order requested in the petition is proper, the court shall make the order. (b) The court, in its discretion, may provide in the order that, unless extended by subsequent order of the court, the order or specific provisions of the order termina…

An order of the court under Section 1880 continues in effect until the earliest of the following times: (1) The time specified in the order, if any. (2) The time the order is modified or revoked. (3) The time the conservatorship is terminated. (Enacted by Stats. 1990, Ch. 79.)…

An order of the court under Section 1880 may be modified or revoked upon a petition made, noticed, and heard by the court in the manner provided in this article. (Enacted by Stats. 1990, Ch. 79.)

The appointment of a conservator of the person or estate or both does not affect the capacity of the conservatee to marry or to enter into a registered domestic partnership.

(a) The court may by order determine whether the conservatee has the capacity to enter into a valid marriage, as provided in Part 1 (commencing with Section 300) of Division 3 of the Family Code, or to enter into a registered domestic partnership, as provided in Section 297 of th…

Before the appointment of a guardian or conservator is effective, including, but not limited to, the appointment of a conservator under Section 2002, the guardian or conservator shall: (a) Take an oath to perform the duties of the office according to law. The oath obligates the g…

(a) The appointment, the taking of the oath, and the filing of the bond, if required, shall thereafter be evidenced by the issuance of letters by the clerk of the court. (b) The order appointing a guardian or conservator shall state in capital letters on the first page of the ord…

Except as otherwise required by the order of appointment, the letters of guardianship or conservatorship shall be in substantially the same form as letters of administration. (Enacted by Stats. 1990, Ch. 79.)

Except in temporary conservatorships, a conservator of the estate shall record a certified copy of the letters with the county recorder’s office in each county in which the conservatee owns an interest in real property, including a security interest. The conservator shall record …

(a) Except as otherwise provided by statute, every person appointed as guardian or conservator shall, before letters are issued, give a bond approved by the court. (b) The bond shall be for the benefit of the ward or conservatee and all persons interested in the guardianship or c…

When the conservator or guardian has knowledge of facts from which the guardian or conservator knows or should know that the bond posted is less than the amount required under Section 2320, the conservator or guardian, and the attorney, if any, shall make an ex parte application …

If additional bond is required by the court when the account is heard, the order approving the account and related matters, including fees, is not effective and the court shall not file the order until the additional bond is filed.

(a) Notwithstanding any other provision of law, the court in a conservatorship proceeding may not waive the filing of a bond or reduce the amount of bond required, without a good cause determination by the court which shall include a determination by the court that the conservate…

One appointed only as guardian of the person or conservator of the person need not file a bond unless required by the court. (Enacted by Stats. 1990, Ch. 79.)

(a) The court may dispense with the requirement of a bond if it appears likely that the estate will satisfy the conditions of subdivision (a) of Section 2628 for its duration. (b) If at any time it appears that the estate does not satisfy the conditions of subdivision (a) of Sect…

If the person making the nomination has waived the filing of the bond, a guardian nominated under Section 1500 or 1501 need not file a bond unless required by the court. (Enacted by Stats. 1990, Ch. 79.)

The surety on the bond of a nonprofit charitable corporation described in Section 2104 shall be an admitted surety insurer. (Enacted by Stats. 1990, Ch. 79.)

(a) If joint guardians or conservators are appointed, the court may order that separate bonds or a joint bond or a combination thereof be furnished. (b) If a joint bond is furnished, the liability on the bond is joint and several. (Enacted by Stats. 1990, Ch. 79.)

(a) In a conservatorship proceeding, the court shall order a separate bond for each conservatee, except where the assets of the conservatees are commingled in which case a combined bond that covers all assets may be provided. (b) If a guardianship proceeding involves more than on…

(a) In any proceeding to determine the amount of the bond of the guardian or conservator (whether at the time of appointment or subsequently), if the estate includes property which has been or will be deposited with a trust company or financial institution pursuant to Sections 24…

(a) If a guardian or conservator moves the court for reduction in the amount of the bond, the motion shall include an affidavit setting forth the condition of the estate. (b) Except upon a showing of good cause, the amount of the bond shall not be reduced below the amount determi…

Upon the confirmation of the sale of any real property of the estate, or upon the authorization of the borrowing of money secured by a mortgage or deed of trust on real property of the estate, the guardian or conservator shall furnish an additional bond as is required by the cour…

(a) In case of a breach of a condition of the bond, an action may be brought against the sureties on the bond for the use and benefit of the ward or conservatee or of any person interested in the estate. (b) No action may be maintained against the sureties on the bond unless comm…

Where a petition is filed requesting an order that a guardian or conservator be required to give a bond where no bond was originally required, or an objection is made to the sufficiency of the bond, and the petition or affidavit supporting the objection alleges facts showing that…

A guardian or conservator who applies for a substitution and release of a surety shall file an account with the application. The court shall not order a substitution unless the account is approved. (Enacted by Stats. 1990, Ch. 79.)

A superior court may not appoint a person to carry out the duties of a professional fiduciary, or permit a person to continue those duties, unless he or she holds a valid, unexpired, unsuspended license as a professional fiduciary under Chapter 6 (commencing with Section 6500) of…

This article shall become operative on July 1, 2008.