Title PROB, California Prob. Code

(a) The petition shall be filed in the estate proceeding in which the person filing the petition received his or her appointment or in the estate proceeding for the estate in which the person filing the petition claims an interest. (b) The court that first acquires jurisdiction u…

Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) The personal representative of each person the priority of whose death is in issue if there is a personal representative for the person. (b) Each known devisee of…

If the court determines that the named persons are dead and that it has not been established by clear and convincing evidence that one person survived another, the court shall make an order to that effect. If the court determines that the named persons are dead and that there is …

(a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 240 of the Probate Code,” or where a will, trust, or other instrument that expresses no contrary intention provides for issue or descendants to take witho…

(a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 246 of the Probate Code,” the property to be distributed shall be divided into as many equal shares as there are living children of the designated ancesto…

(a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 247 of the Probate Code,” the property to be distributed shall be divided into as many equal shares as there are living members of the nearest generation …

A beneficiary may disclaim any interest, in whole or in part, by filing a disclaimer as provided in this part. (Enacted by Stats. 1990, Ch. 79.)

A disclaimer on behalf of a conservatee shall be made by the conservator of the estate of the conservatee pursuant to a court order obtained under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 of Division 4 authorizing or requiring the conservator to execute an…

(a) A disclaimer on behalf of a minor shall be made by the guardian of the estate of the minor if one has been appointed or, if none has been appointed, by a guardian ad litem of the minor. A disclaimer by a guardian is not effective unless made pursuant to a court order obtained…

The disclaimer shall be in writing, shall be signed by the disclaimant, and shall: (a) Identify the creator of the interest. (b) Describe the interest to be disclaimed. (c) State the disclaimer and the extent of the disclaimer. (Enacted by Stats. 1990, Ch. 79.)

(a) A disclaimer to be effective shall be filed within a reasonable time after the person able to disclaim acquires knowledge of the interest. (b) In the case of any of the following interests, a disclaimer is conclusively presumed to have been filed within a reasonable time if i…

(a) A disclaimer shall be filed with any of the following: (1) The superior court in the county in which the estate of the decedent is administered or, if there is no administration of the decedent’s estate, the superior court in any county in which administration of the estate o…

A disclaimer, when effective, is irrevocable and binding upon the beneficiary and all persons claiming by, through, or under the beneficiary, including creditors of the beneficiary. (Enacted by Stats. 1990, Ch. 79.)

(a) Unless the creator of the interest provides for a specific disposition of the interest in the event of a disclaimer, the interest disclaimed shall descend, go, be distributed, or continue to be held (1) as to a present interest, as if the disclaimant had predeceased the creat…

A disclaimer is not a voidable transfer by the beneficiary under the Uniform Voidable Transactions Act (Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 of the Civil Code). (Amended by Stats. 2015, Ch. 44, Sec. 26. (SB 161) Effective January 1, 2016.)

A person who could file a disclaimer under this part may instead file a written waiver of the right to disclaim. The waiver shall specify the interest to which the waiver applies. Upon being filed as provided in Section 280, the waiver is irrevocable and is binding upon the benef…

(a) A disclaimer may not be made after the beneficiary has accepted the interest sought to be disclaimed. (b) For the purpose of this section, a beneficiary has accepted an interest if any of the following occurs before a disclaimer is filed with respect to that interest: (1) The…

The right to disclaim exists regardless of any limitation imposed on the interest of a beneficiary in the nature of an expressed or implied spendthrift provision or similar restriction. (Enacted by Stats. 1990, Ch. 79.)

An interest created before January 1, 1984, that has not been accepted may be disclaimed after December 31, 1983, in the manner provided in this part, but no interest that arose before January 1, 1984, in a person other than the beneficiary may be destroyed or diminished by any a…

This part does not limit or abridge any right a person may have under any other law to assign, convey, or release any property or interest, but after December 31, 1983, an interest that would otherwise be taken by a beneficiary may be declined, refused, renounced, or disclaimed o…

(a) Upon a showing of probable cause to believe that a person is in substantial danger of abuse or neglect and needs a conservator of the person, the estate, or the person and estate for his or her own protection, the public guardian or the county’s adult protective services agen…

A court order issued in response to a public guardian’s petition pursuant to Section 2910 shall do all of the following: (a) Authorize health care providers to disclose a person’s confidential medical information as permitted under California law, and also authorize disclosure of…

If a fiduciary is engaged in war service, on petition of the fiduciary, a cofiduciary, or an interested person, the court may do any one or more of the following: (a) Appoint a substitute fiduciary. If there is a qualified and acting cofiduciary, the court is not required to appo…

A substitute fiduciary has all the powers, including discretionary powers, that the original fiduciary had, except powers that the court determines are purely personal to the original fiduciary, and is subject to the same duties as the original fiduciary. (Enacted by Stats. 1990,…

Except as otherwise ordered by the court, a substitute fiduciary shall give a bond in the manner and to the extent provided by law for the original fiduciary. (Enacted by Stats. 1990, Ch. 79.)

After the expiration of an original fiduciary’s war service, if the estate has not been closed, the original fiduciary, on petition, is entitled to reinstatement as fiduciary. On reinstatement, the substitute fiduciary may, in the discretion of the court, be removed and may be di…

A substitute fiduciary or an original fiduciary reinstated under Section 373 is not liable for the acts or omissions of the predecessor fiduciary. (Enacted by Stats. 1990, Ch. 79.)

(a) This division applies to the following: (1) Durable powers of attorney, other than powers of attorney for health care governed by Division 4.7 (commencing with Section 4600). (2) Statutory form powers of attorney under Part 3 (commencing with Section 4400). (3) Any other powe…

Except where this division provides a specific rule, the general law of agency, including Article 2 (commencing with Section 2019) of Chapter 2 of Title 6 of, and Title 9 (commencing with Section 2295) of, Part 4 of Division 3 of the Civil Code, applies to powers of attorney. (Ad…

(a) If a power of attorney provides that the Power of Attorney Law of this state governs the power of attorney or otherwise indicates the principal’s intention that the Power of Attorney Law of this state governs the power of attorney, this division governs the power of attorney …

A durable power of attorney executed in another state or jurisdiction in compliance with the law of that state or jurisdiction or the law of this state is valid and enforceable in this state to the same extent as a durable power of attorney executed in this state, regardless of w…

Except as otherwise provided by statute: (a) On and after January 1, 1995, this division applies to all powers of attorney regardless of whether they were executed before, on, or after January 1, 1995. (b) This division applies to all proceedings concerning powers of attorney com…

A natural person having the capacity to contract may execute a power of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)

A power of attorney is legally sufficient if all of the following requirements are satisfied: (a) The power of attorney contains the date of its execution. (b) The power of attorney is signed either (1) by the principal or (2) in the principal’s name by another adult in the princ…

If the power of attorney is signed by witnesses, as provided in Section 4121, the following requirements shall be satisfied: (a) The witnesses shall be adults. (b) The attorney-in-fact may not act as a witness. (c) Each witness signing the power of attorney shall witness either t…

(a) In a power of attorney under this division, a principal may grant authority to an attorney-in-fact to act on the principal’s behalf with respect to all lawful subjects and purposes or with respect to one or more express subjects or purposes. The attorney-in-fact may be grante…

A durable power of attorney is a power of attorney by which a principal designates another person as attorney-in-fact in writing and the power of attorney contains any of the following statements: (a) “This power of attorney shall not be affected by subsequent incapacity of the p…

All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal’s successors in interest as if the principal had capacity. (Adde…

(a) A principal may nominate, by a durable power of attorney, a conservator of the person or estate or both, or a guardian of the person or estate or both, for consideration by the court if protective proceedings for the principal’s person or estate are thereafter commenced. (b) …

Unless a power of attorney states a time of termination, the authority of the attorney-in-fact is exercisable notwithstanding any lapse of time since execution of the power of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)

(a) Subject to subdivision (b), a printed form of a durable power of attorney that is sold or otherwise distributed in this state for use by a person who does not have the advice of legal counsel shall contain, in not less than 10-point boldface type or a reasonable equivalent th…

(a) In a springing power of attorney, the principal may designate one or more persons who, by a written declaration under penalty of perjury, have the power to determine conclusively that the specified event or contingency has occurred. The principal may designate the attorney-in…

(a) If a principal grants inconsistent authority to one or more attorneys-in-fact in two or more powers of attorney, the authority granted last controls to the extent of the inconsistency. (b) This section is not subject to limitation in the power of attorney. (Added by Stats. 19…

By executing a statutory form power of attorney with respect to a subject listed in Section 4401, the principal, except as limited or extended by the principal in the power of attorney, empowers the agent, for that subject, to do all of the following: (a) Demand, receive, and obt…

In a statutory form power of attorney, the language granting power with respect to real property transactions empowers the agent to do all of the following: (a) Accept as a gift or as security for a loan, reject, demand, buy, lease, receive, or otherwise acquire, an interest in r…

In a statutory form power of attorney, the language granting power with respect to tangible personal property transactions empowers the agent to do all of the following: (a) Accept as a gift or as security for a loan, reject, demand, buy, receive, or otherwise acquire ownership o…