Title PROB, California Prob. Code

Notwithstanding any provision in the decedent’s will, a personal representative who is an attorney shall be entitled to receive the personal representative’s compensation as provided in this part, but shall not receive compensation for services as the attorney for the personal re…

If there are two or more personal representatives, the personal representative’s compensation shall be apportioned among the personal representatives by the court according to the services actually rendered by each personal representative or as agreed to by the personal represent…

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

“Debt” means: (a) A claim that is established under Part 4 (commencing with Section 9000) or that is otherwise payable in the course of administration. (b) An expense of administration. (c) A charge against the estate including, but not limited to, taxes, expenses of last illness…

“Wage claim” means a claim for wages, not exceeding two thousand dollars ($2,000), of each employee of the decedent for work done or personal services rendered within 90 days before the death of the decedent. (Enacted by Stats. 1990, Ch. 79.)

The personal representative or an interested person may petition the court under this chapter for an order for preliminary or final distribution of the decedent’s estate to the persons entitled thereto. (Enacted by Stats. 1990, Ch. 79.)

Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) Each person listed in Section 1220. (b) Each known heir whose interest in the estate would be affected by the petition. (c) Each known devisee whose interest in t…

The personal representative or any interested person may oppose the petition. (Enacted by Stats. 1990, Ch. 79.)

(a) If the court determines that the requirements for distribution are satisfied, the court shall order distribution of the decedent’s estate, or such portion as the court directs, to the persons entitled thereto. (b) The order shall: (1) Name the distributees and the share to wh…

(a) This section applies where distribution is to be made to any of the following persons: (1) The transferee of a beneficiary. (2) Any person other than a beneficiary under an agreement, request, or instructions of a beneficiary or the attorney in fact of a beneficiary. (b) The …

(a) This section applies when distribution from a decedent’s estate is made to a transferee for value who acquires any interest of a beneficiary in exchange for cash or other consideration. (b) For purposes of this section, a transferee for value is a person who satisfies both of…

When a court order made under this chapter becomes final, the order binds and is conclusive as to the rights of all interested persons. (Enacted by Stats. 1990, Ch. 79.)

Subject to Section 1502, a parent may nominate a guardian of the person or estate, or both, of a minor child in either of the following cases: (a) Where the other parent nominates, or consents in writing to the nomination of, the same guardian for the same child. (b) Where, at th…

(a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), consent to nomination of a guardian of the person or of a guardian of the person and the estate given by an Indian child’s parent…

Subject to Section 1502, a parent or any other person may nominate a guardian for property that a minor receives from or by designation of the nominator (whether before, at the time of, or after the nomination) including, but not limited to, property received by the minor by virt…

(a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. The court shall give due we…

(a) The person named as trustee may accept the trust, or a modification of the trust, by one of the following methods: (1) Signing the trust instrument or the trust instrument as modified, or signing a separate written acceptance. (2) Knowingly exercising powers or performing dut…

(a) A person named as trustee may in writing reject the trust or a modification of the trust. (b) If the person named as trustee does not accept the trust or a modification of the trust by a method provided in subdivision (a) of Section 15600 within a reasonable time after learni…

(a) A trustee is not required to give a bond to secure performance of the trustee’s duties, unless any of the following circumstances occurs: (1) A bond is required by the trust instrument. (2) Notwithstanding a waiver of a bond in the trust instrument, a bond is found by the cou…

On application by the trustee, the court clerk shall issue a certificate that the trustee is a duly appointed and acting trustee under the trust if the court file shows the incumbency of the trustee. (Enacted by Stats. 1990, Ch. 79.)

(a) Notwithstanding any other provision of law, a nonprofit charitable corporation may be appointed as trustee of a trust created pursuant to this division, if all of the following conditions are met: (1) The corporation is incorporated in this state. (2) The articles of incorpor…

On acceptance of the trust, the trustee has a duty to administer the trust according to the trust instrument and, except to the extent the trust instrument provides otherwise, according to this division. (Enacted by Stats. 1990, Ch. 79.)

(a) Except as provided in subdivision (b), the trustee of a revocable trust shall follow any written direction acceptable to the trustee given from time to time (1) by the person then having the power to revoke the trust or the part thereof with respect to which the direction is …

(a) The trustee has a duty to administer the trust solely in the interest of the beneficiaries. (b) It is not a violation of the duty provided in subdivision (a) for a trustee who administers two trusts to sell, exchange, or participate in the sale or exchange of trust property b…

If a trust has two or more beneficiaries, the trustee has a duty to deal impartially with them and shall act impartially in investing and managing the trust property, taking into account any differing interests of the beneficiaries. (Amended by Stats. 1995, Ch. 63, Sec. 1. Effect…

(a) The trustee has a duty not to use or deal with trust property for the trustee’s own profit or for any other purpose unconnected with the trust, nor to take part in any transaction in which the trustee has an interest adverse to the beneficiary. (b) The trustee may not enforce…

(a) A trustee may not require a beneficiary to relieve the trustee of liability as a condition for making a distribution or payment to, or for the benefit of, the beneficiary, if the distribution or payment is required by the trust instrument. (b) This section may not be construe…

The trustee of one trust has a duty not to knowingly become a trustee of another trust adverse in its nature to the interest of the beneficiary of the first trust, and a duty to eliminate the conflict or resign as trustee when the conflict is discovered. (Enacted by Stats. 1990, …

The trustee has a duty to take reasonable steps under the circumstances to take and keep control of and to preserve the trust property. (Enacted by Stats. 1990, Ch. 79.)

The trustee has a duty to make the trust property productive under the circumstances and in furtherance of the purposes of the trust. (Enacted by Stats. 1990, Ch. 79.)

The trustee has a duty to do the following: (a) To keep the trust property separate from other property not subject to the trust. (b) To see that the trust property is designated as property of the trust. (Enacted by Stats. 1990, Ch. 79.)

The trustee has a duty to take reasonable steps to enforce claims that are part of the trust property. (Enacted by Stats. 1990, Ch. 79.)

The trustee has a duty to take reasonable steps to defend actions that may result in a loss to the trust. (Enacted by Stats. 1990, Ch. 79.)

(a) The trustee has a duty not to delegate to others the performance of acts that the trustee can reasonably be required personally to perform and may not transfer the office of trustee to another person nor delegate the entire administration of the trust to a cotrustee or other …

If a trust has more than one trustee, each trustee has a duty to do the following: (a) To participate in the administration of the trust. (b) To take reasonable steps to prevent a cotrustee from committing a breach of trust or to compel a cotrustee to redress a breach of trust. (…

(a) The trustee has a duty to apply the full extent of the trustee’s skills. (b) If the settlor, in selecting the trustee, has relied on the trustee’s representation of having special skills, the trustee is held to the standard of the skills represented. (Enacted by Stats. 1990, …

The provision of services for compensation by a regulated financial institution or its affiliates in the ordinary course of business either to a trust of which it also acts as trustee or to a person dealing with the trust is not a violation of the duty provided in Section 16002 o…

It is the intent of the Legislature in enacting this chapter to do the following: (a) Protect the rights of persons who are placed under conservatorship. (b) Provide that an assessment of the needs of the person is performed in order to determine the appropriateness and extent of…

(a) If the need therefor is established to the satisfaction of the court and the other requirements of this chapter are satisfied, the court may appoint: (1) A conservator of the person or estate of an adult, or both. (2) A conservator of the person of a minor who is married or w…

Subject to Section 1800.3: (a) A conservator of the person may be appointed for a person who is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter, except as provided for the person as described in subdivision (b) or (c) of Se…

Subject to Section 1800.3, a conservator of the person or estate, or both, may be appointed for a person who voluntarily requests the appointment and who, to the satisfaction of the court, establishes good cause for the appointment. (Enacted by Stats. 1990, Ch. 79.)

A conservator of the estate may be appointed for a person who is an absentee as defined in Section 1403. (Enacted by Stats. 1990, Ch. 79.)

Subject to Section 1800.3, a conservator of the estate may be appointed for a person who is missing and whose whereabouts is unknown. (Enacted by Stats. 1990, Ch. 79.)

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter: (a) “Estate tax” means a tax imposed by any federal or California estate tax law, now existing or hereafter enacted, and includes interest and penalties on any de…

(a) This chapter does not apply to persons interested in the estate of a decedent who died before January 1, 1987. (b) Notwithstanding the repeal of former Article 4a (commencing with Section 970) of Chapter 15 of Division 3 of the Probate Code by Chapter 783 of the Statutes of 1…

This chapter shall be known and may be cited as the Uniform Statutory Rule Against Perpetuities. (Added by Stats. 1991, Ch. 156, Sec. 24.)