California
Probate Code
2,711 entries
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This code shall be known as the Probate Code.
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(a) A provision of this code, insofar as it is substantially the same as a previously existing provi…
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(a) As used in this section: (1) “New law” means either of the following, as the case may be: (A) Th…
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Division, part, chapter, article, and section headings do not in any manner affect the scope, meanin…
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If a notice or other communication is required by this code to be mailed by registered mail, the mai…
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Unless the provision or context otherwise requires, the general provisions and rules of construction…
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Whenever a reference is made to any portion of this code or to any other law, the reference applies …
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Unless otherwise expressly stated: (a) “Division” means a division of this code. (b) “Part” means a …
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The present tense includes the past and future tenses, and the future, the present.
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The singular number includes the plural, and the plural, the singular.
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If any provision or clause of this code or application thereof to any person or circumstances is hel…
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“Shall” is mandatory and “may” is permissive.
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(a) The degree of kinship or consanguinity between two persons is determined by counting the number …
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Unless the provision or context otherwise requires, the definitions in this part govern the construc…
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“Account,” when used to mean a contract of deposit of funds between a depositor and a financial inst…
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“Account in an insured credit union” means a share account in a credit union, either federally chart…
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(a) “Account in an insured savings and loan association” means a savings account or mutual capital c…
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“Beneficiary” means a person to whom a donative transfer of property is made or that person’s succes…
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“Child” means any individual entitled to take as a child under this code by intestate succession fro…
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“Community property” means: (a) Community property heretofore or hereafter acquired during marriage …
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“Conservatee” includes a limited conservatee.
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“Conservator” includes a limited conservator.
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“Devise,” when used as a noun, means a disposition of real or personal property by will, and, when u…
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(a) “Devisee” means any person designated in a will to receive a devise. (b) In the case of a devise…
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“Dissolution of marriage” includes divorce.
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(a) “Domestic partner” means one of two persons who have filed a Declaration of Domestic Partnership…
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“Family allowance” means an allowance provided for in Chapter 4 (commencing with Section 6540) of Pa…
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“Fiduciary” means personal representative, trustee, guardian, conservator, attorney-in-fact under a …
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“Financial institution” means a state or national bank, state or federal savings and loan associatio…
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“General personal representative” is defined in subdivision (b) of Section 58.
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“Heir” means any person, including the surviving spouse, who is entitled to take property of the dec…
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“Instrument” means a will, a document establishing or modifying a trust, a deed, or any other writin…
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“Insured account in a financial institution” means an account in a bank, an account in an insured cr…
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(a) Subject to subdivision (b), “interested person” includes any of the following: (1) An heir, devi…
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“Issue” of a person means all his or her lineal descendants of all generations, with the relationshi…
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“Letters”: (a) As it relates to a personal representative, means letters testamentary, letters of ad…
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“Parent” means any individual entitled to take as a parent under this code by intestate succession f…
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“Pay-on-death account” or “P.O.D. account” is defined in Section 5140.
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“Person” means an individual, corporation, government or governmental subdivision or agency, busines…
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(a) “Personal representative” means executor, administrator, administrator with the will annexed, sp…
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“Predeceased spouse” means a person who died before the decedent while married to the decedent, exce…
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“Probate homestead” means a homestead provided for in Chapter 3 (commencing with Section 6520) of Pa…
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(a) “Professional fiduciary” means a person who is a professional fiduciary as defined under subdivi…
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“Property” means anything that may be the subject of ownership and includes both real and personal p…
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“Quasi-community property” means the following property, other than community property as defined in…
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“Real property” includes a leasehold interest in real property.
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“Revocable transfer on death deed” or “revocable TOD deed” means a revocable transfer on death deed …
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“Security” includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, cert…
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“Spouse” includes domestic partner, as defined in Section 37 of this code, as required by Section 29…
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“State” includes any state of the United States, the District of Columbia, the Commonwealth of Puert…
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A “subscribing witness” to a will means a witness who signs the will as provided in Section 6110.
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“Surviving spouse” does not include any of the following: (a) A person whose marriage to, or registe…
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“Totten trust account” means an account in the name of one or more parties as trustee for one or mor…
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“Transferor” means the testator, settlor, grantor, owner, or other person who executes an instrument…
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“Transferee” means the beneficiary, donee, or other recipient of an interest transferred by an instr…
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(a) “Trust” includes the following: (1) An express trust, private or charitable, with additions ther…
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“Trust company” means an entity that has qualified to engage in and conduct a trust business in this…
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“Trustee” includes an original, additional, or successor trustee, whether or not appointed or confir…
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“Undue influence” has the same meaning as defined in Section 15610.70 of the Welfare and Institution…
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“Will” includes codicil and any testamentary instrument which merely appoints an executor or revokes…
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(a) Upon the death of a person who is married or in a registered domestic partnership, one-half of t…
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(a) Upon the death of a person who is married or in a registered domestic partnership, and is domici…
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(a) The decedent’s surviving spouse may require the transferee of property in which the surviving sp…
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Except as provided by Section 224, if spouses die leaving community or quasi-community property and …
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Notwithstanding Section 100, community property held in a revocable trust described in Section 761 o…
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Transfer of community and quasi-community property to a revocable trust shall be presumed to be an a…
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This part does not apply where the decedent died before January 1, 1985, and the law applicable prio…
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If a married person dies not domiciled in this state and leaves a valid will disposing of real prope…
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As used in this chapter, “waiver” means a waiver by the surviving spouse of any of the rights listed…
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(a) The right of a surviving spouse to any of the following may be waived in whole or in part by a w…
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(a) A waiver under this chapter shall be in writing and shall be signed by the surviving spouse. (b)…
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(a) Subject to Section 142, a waiver is enforceable under this section unless the surviving spouse p…
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(a) Except as provided in subdivision (b), subject to Section 142, a waiver is enforceable under thi…
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Unless the waiver or property settlement provides to the contrary, a waiver under this chapter of “a…
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(a) As used in this section, “agreement” means a written agreement signed by each spouse or prospect…
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(a) Subject to subdivisions (c) and (d), a waiver, agreement, or property settlement made after Dece…
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If title to or an interest in real or personal property is affected by the death of a person, anothe…
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(a) Proceedings under this chapter shall be commenced in the superior court of the county of which t…
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If proceedings for the administration of the decedent’s estate are pending, proceedings under this c…
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(a) Except as provided in subdivision (b), notice of the hearing shall be given as provided in Secti…
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(a) The petition and supporting affidavits may be received in evidence and acted upon by the court w…
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If title to real property is affected by the death of a person, any person may record in the county …
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(a) A document establishing the fact of death recorded pursuant to this chapter is subject to all st…
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A document establishing the fact of the death of a person recorded pursuant to this chapter is prima…
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Where a deceased person has received or may have received health care under Chapter 7 (commencing wi…
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(a) For the purposes of this section “confined” means to be confined in a prison or facility under t…
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(a) A business that receives an oral or written request from a family member, attorney, or personal …
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Except as otherwise provided in this chapter, if the title to property or the devolution of property…
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(a) This chapter does not apply in any case where Section 103, 6211, or 6403 applies. (b) This chapt…
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(a) If property is so disposed of that the right of a beneficiary to succeed to any interest in the …
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(a) As used in this section, “joint tenants” includes owners of property held under circumstances th…
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If the insured and a beneficiary under a policy of life or accident insurance have died and it canno…
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This chapter does not apply where a person the priority of whose death is in issue died before Janua…
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A petition may be filed under this chapter for any one or more of the following purposes: (a) To det…
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A petition may be filed under this chapter by any of the following: (a) The personal representative …
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(a) The petition shall be filed in the estate proceeding in which the person filing the petition rec…
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Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the follo…
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If the court determines that the named persons are dead and that it has not been established by clea…
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If a statute calls for property to be distributed or taken in the manner provided in this section, t…
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Section 240 does not apply where the death of the decedent in the case of intestate succession or of…
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(a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the m…
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(a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the m…
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(a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the m…
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When title to real or personal property, or any interest therein, vests, other than by laws of succe…
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The clerk shall set the petition for hearing by the court and give notice thereof in the manner prov…
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At any time before the hearing any person interested in the property may answer the petition and den…
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For purposes of determining rights to property to be distributed upon the death of a decedent, a chi…
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(a) Upon timely receipt of the notice required by Section 249.5 or actual knowledge by a person who …
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If the written notice required pursuant to Section 249.5 is not given in a timely manner to any pers…
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Notwithstanding Section 249.6, any interested person may file a petition in the manner prescribed in…
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(a) A person who feloniously and intentionally kills the decedent is not entitled to any of the foll…
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A joint tenant who feloniously and intentionally kills another joint tenant thereby effects a severa…
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A named beneficiary of a bond, life insurance policy, or other contractual arrangement who felonious…
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In any case not described in Section 250, 251, or 252 in which one person feloniously and intentiona…
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(a) A final judgment of conviction of felonious and intentional killing is conclusive for purposes o…
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This part does not affect the rights of any person who, before rights under this part have been adju…
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An insurance company, financial institution, or other obligor making payment according to the terms …
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This part does not apply where the decedent was killed before January 1, 1985; and the law applicabl…
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A person who feloniously and intentionally kills the decedent is not entitled to bring an action for…
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(a) Any person shall be deemed to have predeceased a decedent to the extent provided in subdivision …
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Unless the provision or context otherwise requires, the definitions in this chapter govern the const…
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“Beneficiary” means the person entitled, but for the person’s disclaimer, to take an interest.
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(a) “Creator of the interest” means a person who establishes, declares, creates, or otherwise brings…
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“Disclaimant” means a beneficiary who executes a disclaimer on his or her own behalf or a person who…
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“Disclaimer” means any writing which declines, refuses, renounces, or disclaims any interest that wo…
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“Employee benefit plan” includes, but is not limited to, any pension, retirement, death benefit, sto…
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(a) “Interest” includes the whole of any property, real or personal, legal or equitable, or any frac…
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A beneficiary may disclaim any interest, in whole or in part, by filing a disclaimer as provided in …
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A disclaimer on behalf of a conservatee shall be made by the conservator of the estate of the conser…
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(a) A disclaimer on behalf of a minor shall be made by the guardian of the estate of the minor if on…
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The disclaimer shall be in writing, shall be signed by the disclaimant, and shall: (a) Identify the …
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(a) A disclaimer to be effective shall be filed within a reasonable time after the person able to di…
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(a) A disclaimer shall be filed with any of the following: (1) The superior court in the county in w…
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A disclaimer, when effective, is irrevocable and binding upon the beneficiary and all persons claimi…
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(a) Unless the creator of the interest provides for a specific disposition of the interest in the ev…
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A disclaimer is not a voidable transfer by the beneficiary under the Uniform Voidable Transactions A…
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A person who could file a disclaimer under this part may instead file a written waiver of the right …
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(a) A disclaimer may not be made after the beneficiary has accepted the interest sought to be discla…
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The right to disclaim exists regardless of any limitation imposed on the interest of a beneficiary i…
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An interest created before January 1, 1984, that has not been accepted may be disclaimed after Decem…
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This part does not limit or abridge any right a person may have under any other law to assign, conve…
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Notwithstanding any other provision of this part, if as a result of a disclaimer or transfer the dis…
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A trust company may be appointed to act as a personal representative, guardian or conservator of an …
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(a) A trust company appointed to act as a personal representative, or guardian or conservator of an …
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(a) Except as provided in subdivision (b), a public administrator, government official, law enforcem…
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(a) This section applies only to a safe deposit box in a financial institution held by the decedent …
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This part may be cited as the Fiduciaries’ Wartime Substitution Law.
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Unless the provision or context otherwise requires, the definitions in this article govern the const…
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“Consultant” means a person, other than a trustee, designated in a trust to advise or direct the tru…
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“Estate” means a trust estate, a decedent’s estate, a guardianship or conservatorship estate, or oth…
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“Interested person” means, in addition to the meaning given that term in Section 48, a person having…
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“Original fiduciary” means a fiduciary who is replaced by a substitute fiduciary or who makes a dele…
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A fiduciary or consultant is engaged in war service for the purpose of this part in each of the foll…
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This part applies to all fiduciaries and consultants, whether appointed or acting before, on, or aft…
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This part does not apply to the extent an otherwise valid provision in an instrument provides a diff…
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Proceedings under this part are in the court having jurisdiction over the estate or, if none, any co…
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Notice of a hearing under this part shall be delivered pursuant to Section 1215 at least 15 days bef…
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If a fiduciary is engaged in war service, on petition of the fiduciary, a cofiduciary, or an interes…
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A substitute fiduciary has all the powers, including discretionary powers, that the original fiducia…
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Except as otherwise ordered by the court, a substitute fiduciary shall give a bond in the manner and…
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After the expiration of an original fiduciary’s war service, if the estate has not been closed, the …
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A substitute fiduciary or an original fiduciary reinstated under Section 373 is not liable for the a…
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(a) A fiduciary who is or will be engaged in war service may delegate the fiduciary’s powers, includ…
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The right of delegation does not exist to the extent the court determines that powers to be delegate…
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After the expiration of the original fiduciary’s war service, the court may, on petition of the orig…
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The original fiduciary is not liable for the acts or omissions of the delegate.
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(a) A consultant who is or will be engaged in war service may delegate the powers of the consultant,…
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If a consultant who is engaged in war service does not delegate the consultant’s powers, the court, …
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If a consultant has delegated or the court has suspended the powers of the consultant, the court may…
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A consultant who delegates powers under this article is not liable for the acts or omissions of the …
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(a) The Controller shall appoint at least one person in each county to act as a probate referee for …
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(a) Appointment shall be from among persons passing a qualification examination. A person who passes…
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(a) The qualification examination for applicants for appointment to act as a probate referee shall b…
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(a) The term of office of a probate referee is four years, expiring June 30. A person may be appoint…
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(a) The Controller shall establish and may amend standards of training, performance, and ethics of p…
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Notwithstanding Section 404, the Controller may, at the Controller’s pleasure, revoke the appointmen…
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(a) The authority of a person to act as a probate referee ceases immediately upon expiration of the …
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(a) As used in this section, “prohibited political activity” means directly or indirectly soliciting…
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The appointment of a probate referee by the Controller before July 1, 1989, is not invalidated by th…
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Upon designation by the court, the probate referee has all the powers of a referee of the superior c…
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(a) For the purpose of appraisal of property in the estate, the probate referee may require, and may…
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(a) The probate referee may: (1) Examine and take the testimony under oath of a person appearing bef…
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(a) On petition of a person required to appear before the probate referee pursuant to this chapter, …
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(a) Subject to the provisions of this chapter, an action to establish the decedent’s liability for w…
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Notwithstanding Section 366.2 of the Code of Civil Procedure, if the limitations period otherwise ap…
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(a) An action under this chapter shall name as the defendant, “Estate of (name of decedent), Decease…
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The insurer may deny or otherwise contest its liability in an action under this chapter or by an ind…
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(a) Except as provided in subdivision (b), either the damages sought in an action under this chapter…
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(a) This chapter does not apply to an action commenced before July 1, 1989. (b) The applicable law i…
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Except to the extent that the common law rules governing powers of appointment are modified by statu…
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If the law existing at the time of the creation of a power of appointment and the law existing at th…
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As used in this part: (a) “Appointee” means the person in whose favor a power of appointment is exer…
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(a) A power of appointment is “general” only to the extent that it is exercisable in favor of the po…
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(a) A power of appointment is “testamentary” if it is exercisable only by a will. (b) A power of app…
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A power of appointment is “imperative” where the creating instrument manifests an intent that the pe…
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A power of appointment can be created only by a donor having the capacity to transfer the interest i…
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(a) A power of appointment is created only if all of the following are satisfied: (1) There is a cre…
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(a) A power of appointment can be exercised only by a powerholder having the capacity to transfer th…
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(a) Except as otherwise provided in this part, if the creating instrument specifies requirements as …
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(a) Where an appointment does not satisfy the formal requirements specified in the creating instrume…
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If the creating instrument expressly directs that a power of appointment be exercised by an instrume…
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(a) If the creating instrument requires the consent of the donor or other person to exercise a power…
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A power of appointment created in favor of two or more powerholders can only be exercised when all o…
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Nothing in this chapter affects the power of a court of competent jurisdiction to remedy a defective…
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(a) The exercise of a power of appointment requires a manifestation of the powerholder’s intent to e…
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(a) A general residuary clause in a will, or a will making general disposition of all the testator’s…
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If a power of appointment existing at the powerholder’s death, but created after the execution of th…
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(a) The powerholder of a general power of appointment may make an appointment: (1) Of all of the app…
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Subject to the limitations imposed by the creating instrument, the powerholder of a special power ma…
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(a) Except as provided in subdivision (b), the powerholder of a special power of appointment may app…
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(a) The powerholder of a power of appointment that is presently exercisable, whether general or spec…
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(a) Unless the creating instrument otherwise provides, a general or special power of appointment tha…
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(a) A release on behalf of a minor powerholder shall be made by the guardian of the estate of the mi…
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An exercise of a power of appointment is not void solely because it is more extensive than authorize…
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(a) Unless the creating instrument or the powerholder, in writing, manifests a contrary intent, wher…
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(a) Except as provided in subdivision (b), if the powerholder of a discretionary power of appointmen…
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(a) Except as provided in subdivision (b), if an appointment by will or by instrument effective only…
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(a) Unless the creating instrument expressly provides otherwise, if a permissible appointee dies bef…
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If a powerholder exercises a power of appointment in a disposition that also disposes of property th…
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Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary…
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The donor of a power of appointment cannot nullify or alter the rights given creditors of the powerh…
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(a) Except as provided in subdivision (b), property covered by a special power of appointment is not…
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(a) To the extent that the property owned by the powerholder is inadequate to satisfy the claims of …
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Property subject to a general power of appointment created by the donor in the donor’s favor, whethe…
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For the purposes of Sections 682 and 683, a person to whom the powerholder owes an obligation of sup…
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The statutory rule against perpetuities provided by Part 2 (commencing with Section 21200) of Divisi…
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(a) Unless the power to revoke is in the creating instrument or exists pursuant to Section 15400, th…
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Unless the provision or context otherwise requires, the definitions in this chapter govern the const…
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“Attorney” means an individual licensed to practice law in this state.
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“Deposit” means delivery of a document by a depositor to an attorney for safekeeping or authorizatio…
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“Depositor” means a natural person who deposits the person’s document with an attorney.
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“Document” means any of the following: (a) A signed original will, declaration of trust, trust amend…
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If a document is deposited with an attorney, the attorney, and a successor attorney that accepts tra…
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If a document deposited with an attorney is lost or destroyed, the attorney shall give notice of the…
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Notwithstanding failure of an attorney to satisfy the standard of care required by Section 710 or 71…
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The acceptance by an attorney of a document for deposit imposes no duty on the attorney to do either…
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(a) If so provided in a written agreement signed by the depositor, an attorney may charge the deposi…
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An attorney may give written notice to a depositor, and obtain written acknowledgment from the depos…
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Notwithstanding Section 710, if an attorney has given written notice to the depositor, and has obtai…
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A depositor may terminate a deposit on demand, in which case the attorney shall deliver the document…
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An attorney with whom a document has been deposited, or to whom a document has been transferred purs…
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An attorney may terminate the deposit by one of the following methods: (a) Personal delivery of the …
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(a) An attorney may terminate a deposit under this section if the attorney has delivered notice purs…
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(a) An attorney transferring one or more documents under Section 732 shall deliver notice pursuant t…
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(a) In cases not governed by subdivision (b) or (c), after the death of the depositor an attorney ma…
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(a) If the attorney is deceased or lacks legal capacity, a deposit may be terminated as provided in …
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The court in proceedings under this code is a court of general jurisdiction and the court, or a judg…
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The court, on its own motion or on the motion of any interested party, may order that an action or p…
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The Legislature finds and declares the following: (a) For purposes of this part, there shall exist a…
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(a) A determination that a person is of unsound mind or lacks the capacity to make a decision or do …
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Except where otherwise provided by law, including, but not limited to, Section 813 and the statutory…
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(a) For purposes of a judicial determination, a person has the capacity to give informed consent to …
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Except as otherwise expressly provided in this code, there is no right to a jury trial in proceeding…
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(a) The following persons may file a petition requesting that the court make an order under this par…
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(a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the heari…
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A petitioner in a proceeding under Section 850 may commence discovery upon any person who receives n…
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An interested person may request time for filing a response to the petition for discovery proceeding…
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A person having or claiming title to or an interest in the property which is the subject of the peti…
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If a civil action is pending with respect to the subject matter of a petition filed pursuant to this…
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An action brought under this part may include claims, causes of action, or matters that are normally…
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Except as provided in Sections 853 and 854, if the court is satisfied that a conveyance, transfer, o…
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The court may not grant a petition under this chapter if the court determines that the matter should…
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(a) The order is prima facie evidence of the correctness of the proceedings and of the authority of …
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If a proceeding has been brought under this part by a conservator on behalf of a conservatee, or by …
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If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property…
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This part shall be known, and may be cited, as the Revised Uniform Fiduciary Access to Digital Asset…
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As used in this part, the following terms have the following meanings: (a) “Account” means an arrang…
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(a) This part shall apply to all of the following: (1) A fiduciary acting under a will executed befo…
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(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or n…
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(a) This part does not change or impair a right of a custodian or a user under a terms-of-service ag…
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(a) When disclosing the digital assets of a user under this part, the custodian may, in its sole dis…
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If a deceased user consented to or a court directs disclosure of the content of electronic communica…
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Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian …
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Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian sha…
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Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian sha…
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To the extent a power of attorney expressly grants an agent authority over the content of electronic…
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Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney…
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(a) After a noticed hearing, the court may grant a conservator access to the digital assets of a con…
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(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the man…
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(a) Not later than 60 days after receipt of the information required under Sections 876 to 879.3, in…
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This part modifies, limits, or supersedes the federal Electronic Signatures in Global and National C…
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Disclosure of the contents of the deceased user’s or settlor’s account to a fiduciary of the decease…
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If any provision of this part or its application to any person or circumstance is held invalid, the …
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(a) On April 1, 2022, and at each three-year interval ending on April 1 thereafter, the dollar amoun…
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(a) Except to the extent that this code provides applicable rules, the rules of practice applicable …
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(a) The Judicial Council may provide by rule for the practice and procedure under this code. Unless …
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Unless it is otherwise provided by this code or by rules adopted by the Judicial Council, either the…
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(a) The court may, on its own motion or on request of a personal representative, guardian, conservat…
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The public guardian shall not be appointed as a guardian ad litem pursuant to Section 1003 unless th…
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If a proceeding under this code affects the title to or the right of possession of real property, no…
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Except as provided in Section 1023, a petition, objection, response, report, or account filed pursua…
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(a) All of the following shall be verified: (1) A petition, report, or account filed pursuant to thi…
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An affidavit or verified petition shall be received as evidence when offered in an uncontested proce…
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If a petitioner, objector, or respondent is absent from the county or for some other cause is unable…
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This chapter governs the hearing of all matters under this code, except where the statute that provi…
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When a petition, report, account, or other matter that requires a hearing is filed with the court cl…
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A hearing under this code shall be on notice unless the statute that provides for the hearing dispen…
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(a) An interested person may appear and make a response or objection in writing at or before the hea…
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The petitioner or other party affirming is the plaintiff and the party objecting or responding is th…
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The court may continue or postpone any hearing, from time to time, in the interest of justice.
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The court shall hear and determine any matter at issue and any response or objection presented, cons…
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Except as otherwise provided in this code, an order made in a proceeding under this code need not re…
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(a) Except as provided in subdivision (b), orders shall be either entered at length in the minute bo…
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An order may be enforced as provided in Title 9 (commencing with Section 680.010) of Part 2 of the C…
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The judgment roll in a proceeding under this code consists of the following papers, where applicable…
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(a) In the absence of a stipulation to the contrary between parties who have filed pleadings in a pr…
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This chapter governs all accounts to be filed with the court. Except as specifically provided elsewh…
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This chapter shall be operative on and after July 1, 1997.
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(a) All accounts shall state the period covered by the account and contain a summary showing all of …
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The summary shall be supported by detailed schedules showing the following: (a) Receipts, showing th…
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(a) In all accounts, there shall be an additional schedule showing the estimated market value of the…
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(a) The petition for approval of the account or a report accompanying the petition shall contain all…
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(a) Except as otherwise provided in this code, this part governs notice required or permitted under …
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If a person is required to give notice, the person required to give the notice need not give the not…
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Where the court determines that the notice otherwise required is insufficient in the particular circ…
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(a) Subject to subdivision (b), unless the particular provision governing the notice of hearing prov…
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A person, including a guardian ad litem, guardian, conservator, trustee, or other fiduciary, may wai…
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If a hearing is continued or postponed, no further notice of the continued or postponed hearing is r…
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(a) Subject to subdivision (b), where notice is required to be given to known heirs or known devisee…
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(a) Subject to subdivision (b), where notice is required to be given to a decedent’s beneficiaries, …
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(a) Except as provided in subdivision (b), if notice is required to be given to a trust or trustee, …
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(a) If notice is required to be given to the State of California, the notice shall be given to the A…
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If an interested person has a guardian or conservator of the estate who resides in this state, perso…
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If a notice is required by this code and no other type of notice is prescribed by law, by the Judici…
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Unless the court dispenses with the notice, if the address of the person to whom a notice or other p…
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(a) The following persons shall deliver pursuant to Section 1215 a notice, as described in Section 1…
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If a notice or other paper is required or permitted to be served or delivered pursuant to Section 12…
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Unless otherwise expressly provided, a notice or other paper that is required or permitted to be del…
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If a notice or other paper is required to be served or otherwise given and no other manner of giving…
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(a) If notice of hearing is required to be given as provided in this section: (1) At least 15 days b…
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Where notice of hearing is required but no other period or manner is prescribed by statute, unless t…
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Where notice of hearing is required to be posted as provided in this section: (a) At least 15 days b…
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Where use of a citation is authorized or required by statute, a citation may be issued by the court …
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The citation shall be directed to the person to be cited, signed by the court clerk, and issued unde…
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The citation shall be served on the person cited in the manner provided in Chapter 4 (commencing wit…
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(a) At any time after the issuance of letters in a proceeding under this code for the administration…
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A request for special notice under this chapter may be modified or withdrawn in the same manner as p…
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(a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant …
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(a) If notice of a hearing is required, proof of giving notice of the hearing shall be made to the s…
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Proof of mailing may be made in the manner prescribed in Section 1013a of the Code of Civil Procedur…
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Proof of publication may be made by the affidavit of the publisher or printer, or the foreman or pri…
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Proof of posting may be made by the affidavit of the person who posted the notice.
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Proof of notice by personal delivery may be made by the affidavit of the person making the delivery …
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Proof of electronic delivery may be made in the manner prescribed in Section 1013b of the Code of Ci…
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Proof of notice, however given, may be made by evidence presented at the hearing.
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In all proceedings governed by this code, an appeal may be taken from the making of, or the refusal …
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With respect to guardianships, conservatorships, and other protective proceedings, the grant or refu…
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The following rules apply with respect to the California Conservatorship Jurisdiction Act (Chapter 8…
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With respect to a power of attorney governed by the Power of Attorney Law (Division 4.5 (commencing …
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With respect to an advance health care directive governed by the Health Care Decisions Law (Division…
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With respect to a decedent’s estate, the grant or refusal to grant the following orders is appealabl…
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With respect to a trust, the grant or denial of the following orders is appealable: (a) Any final or…
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(a) Except as provided in subdivisions (b), (c), (d), and (e), an appeal pursuant to Chapter 1 (comm…
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If an order appointing a fiduciary is reversed on appeal for error, all acts of the fiduciary perfor…
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Notwithstanding the repeal of former Section 1297 by Chapter 1199 of the Statutes of 1988, an appeal…
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The portion of this division consisting of Part 1 (commencing with Section 1400), Part 2 (commencing…
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Unless the provision or context otherwise requires, the definitions in this chapter govern the const…
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“Absentee” means either of the following: (a) A member of a uniformed service covered by United Stat…
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“Court,” when used in connection with matters in the guardianship or conservatorship proceeding, mea…
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“Court investigator” means the person referred to in Section 1454.
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“Custodial parent” means the parent who either (a) has been awarded sole legal and physical custody …
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“Developmental disability” means a disability that originates before an individual attains 18 years …
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“Interested person” includes, but is not limited to: (a) Any interested state, local, or federal ent…
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“Petition” includes an application or request in the nature of a petition.
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“Proceedings to establish a limited conservatorship” include proceedings to modify or revoke the pow…
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“Secretary concerned” has the same meaning as provided in United States Code, Title 37, Section 101.
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“Single-premium deferred annuity” means an annuity offered by an admitted life insurer for the payme…
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(a) As used in this division, unless the context otherwise requires, the terms “Indian,” “Indian chi…
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Except as otherwise specifically provided in this division, there is no right to trial by jury in pr…
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A motion for a new trial may be made only in cases in which, under the provisions of this division, …
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(a) The court shall appoint a court investigator when one is required for the purposes of a proceedi…
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Any petition for instructions or to grant a guardian or a conservator any power or authority under t…
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(a) In addition to any other requirements that are part of the judicial branch education program, on…
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On or before January 1, 2010, the public conservator shall comply with the continuing education requ…
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Each court shall ensure compliance with the requirements of filing the inventory and appraisal and t…
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In order to assist relatives and friends who may seek appointment as a nonprofessional conservator o…
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(a) On or before January 1, 2027, the Judicial Council shall report to the Legislature the findings …
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(a) The Legislature finds and declares the following: (1) There is no resource that is more vital to…
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(a) The Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) shall apply to the following guardian…
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(a) Subject to Sections 1202 and 1203, if notice of hearing is required under this division but the …
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Notwithstanding any other provision of this division, no notice is required to be given to any child…
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(a) If the court or petitioner knows or has reason to know that the proposed ward or conservatee may…
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(a) As used in this section, “director” means: (1) The Director of State Hospitals when the state ho…
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(a) The petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the …
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Notice of the time and place of hearing on a petition, report, or account, and a notice of the filin…
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Unless the court for good cause dispenses with such notice, notice of the time and place of the hear…
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If service is made by mail pursuant to this division in the manner authorized in Section 415.30 of t…
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Where a provision of this division applies the provisions of this code applicable to personal repres…
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(a) The court may appoint private legal counsel for a ward, a proposed ward, a conservatee, or a pro…
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(a) If a conservatee, proposed conservatee, or person alleged to lack legal capacity is not represen…
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(a) If a person is furnished legal counsel under Section 1471: (1) The court shall, upon conclusion …
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If an Indian custodian or biological parent of an Indian child lacks the financial ability to retain…
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If before January 1, 1981, an adult has in a signed writing nominated a person to serve as guardian …
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If, before January 1, 1981, a parent or other person has in a signed writing appointed a person to s…
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Except as set forth in Section 1510.1, when used in any statute of this state with reference to an a…
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Subject to Section 1502, a parent may nominate a guardian of the person or estate, or both, of a min…
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(a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the India…
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Subject to Section 1502, a parent or any other person may nominate a guardian for property that a mi…
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(a) A nomination of a guardian under this article may be made in the petition for the appointment of…
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(a) A relative or other person on behalf of the minor, or the minor if 12 years of age or older, may…
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(a) (1) With the consent of the proposed ward, the court may appoint a guardian of the person for an…
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(a) Except as provided in subdivisions (f) and (g), at least 15 days before the hearing on the petit…
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Within 10 days after the petitioner in the guardianship proceeding becomes aware of any proceeding n…
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(a) Unless waived by the court for good cause, a court investigator, probation officer, or domestic …
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(a) Each court or county shall assess (1) the parent, parents, or other person charged with the supp…
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(a) To the extent resources are available, the court shall implement procedures, as described in thi…
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(a) Upon hearing of the petition, if it appears necessary or convenient, the court may appoint a gua…
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Notwithstanding any other provision of law, except provisions of law governing the retention and sto…
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Notwithstanding any other provision of this part, no guardian of the person may be appointed for a m…
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(a) In each case involving a petition for guardianship of the person, the petitioner shall deliver p…
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(a) A proceeding to have a child declared free from the custody and control of one or both parents m…
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(a) This part does not apply to guardianships resulting from the selection and implementation of a p…
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This article does not apply in any of the following cases: (a) Where the petition is for guardianshi…
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In addition to the other required contents of the petition for appointment of a guardian, the petiti…
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In each case involving a petition for guardianship of the person, the petitioner shall deliver pursu…
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(a) If the petition as filed or as amended states that an adoption petition has been filed, a report…
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(a) A guardianship of the person or estate or both terminates when the ward attains majority unless,…
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Upon petition of the guardian, a parent, the minor ward, or, in the case of an Indian child custody …
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(a) The Legislature hereby finds and declares that guardians perform a critical and important role i…
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(a) The Legislature finds and declares that it is in the best interests of children to be raised in …
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If a person files a petition for visitation, termination of the guardianship, or instruction to the …
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It is the intent of the Legislature in enacting this chapter to do the following: (a) Protect the ri…
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(a) If the need therefor is established to the satisfaction of the court and the other requirements …
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Subject to Section 1800.3: (a) A conservator of the person may be appointed for a person who is unab…
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Subject to Section 1800.3, a conservator of the person or estate, or both, may be appointed for a pe…
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A conservator of the estate may be appointed for a person who is an absentee as defined in Section 1…
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Subject to Section 1800.3, a conservator of the estate may be appointed for a person who is missing …
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If the proposed conservatee has sufficient capacity at the time to form an intelligent preference, t…
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(a) Subject to Sections 1813 and 1813.1, the spouse, domestic partner, or an adult child, parent, br…
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(a) Subject to Sections 1810, 1813, and 1813.1, the selection of a conservator of the person or esta…
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(a) (1) The spouse of a proposed conservatee may not petition for the appointment of a conservator f…
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(a) (1) The domestic partner of a proposed conservatee may not petition for the appointment of a con…
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(a) A petition for the appointment of a conservator may be filed by any of the following: (1) The pr…
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(a) (1) The petition shall request that a conservator be appointed for the person or estate, or both…
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(a) At least 15 days before the hearing on the petition for appointment of a conservator, notice of …
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(a) If the petition is filed by a person other than the proposed conservatee, the clerk shall issue …
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The citation and a copy of the petition shall be served on the proposed conservatee at least 15 days…
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(a) The proposed conservatee shall be produced at the hearing except in the following cases: (1) Whe…
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(a) Regardless of whether the proposed conservatee attends the hearing, the court investigator shall…
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The court shall hear and determine the matter of the establishment of the conservatorship according …
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(a) In the case of any proceeding to establish a limited conservatorship for a person with developme…
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(a) Except as provided in subdivision (c), before the establishment of a conservatorship of the pers…
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(a) At the hearing on the petition for appointment of a limited conservator for an allegedly develop…
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Any of the following persons may appear at the hearing to support or oppose the petition: (a) The pr…
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(a) The order appointing the conservator shall contain, among other things, the names, addresses, an…
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(a) Before letters are issued in a conservatorship that originates in this state or a conservatorshi…
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(a) Every superior court shall provide all conservators with written information concerning a conser…
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(a) Within 30 days of the establishment of a conservatorship under this division, and annually there…
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(a) Upon appropriation by the Legislature, the Judicial Council shall establish a conservatorship al…
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Except as otherwise provided in this article, a conservator for an absentee (Section 1403) shall be …
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In addition to the other required contents of the petition, if the proposed conservatee is an absent…
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In addition to the persons and entities to whom notice of hearing is required under Section 1822 or …
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(a) No citation is required under Section 1823 to the proposed conservatee if the proposed conservat…
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(a) In a proceeding to appoint a conservator for an absentee under Article 3 (commencing with Sectio…
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(a) Except as otherwise provided in this article, a conservator of the estate of a person who is mis…
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In addition to the other required contents of the petition, if the proposed conservatee is a person …
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In addition to the persons and entities to whom notice of hearing is required under Section 1822 or …
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(a) In a proceeding under Article 3 (commencing with Section 1820) to appoint a conservator of the e…
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A conservator of the estate of a person who is missing and whose whereabouts is unknown may be appoi…
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(a) A petition may be filed under this article regardless of when the proposed conservatee became mi…
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(a) Except as provided in subdivision (e), each conservatorship established pursuant to this part sh…
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(a) Notwithstanding Section 1850, each limited conservatorship for a developmentally disabled adult,…
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(a) (1) If court review is required pursuant to Section 1850 or 1850.5, the court investigator shall…
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(a) When a court issues an order provisionally granting a petition under Section 2002, the investiga…
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Each court shall coordinate investigations with the filing of accountings, so that investigators may…
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Each court shall assess each conservatee in the county for any investigation or review conducted by …
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(a) Any interested person, as defined in Section 48 or any person entitled to receive notice pursuan…
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If the conservatee wishes to petition the court for termination of the conservatorship or for remova…
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(a) If the court investigator is unable to locate the conservatee, the court shall order the court i…
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(a) A conservatorship continues until terminated by the death of the conservatee or by order of the …
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(a) A limited conservatorship continues until the authority of the conservator is terminated by one …
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(a) A petition for the termination of the conservatorship may be filed by any of the following: (1) …
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Upon the receipt of a communication from the conservatee that the conservatee wishes to terminate th…
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(a) Notice of the hearing to consider the termination of the conservatorship shall be given for the …
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(a) The court shall hear and determine the matter according to the law and procedure relating to the…
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(a) In the case of the conservatorship of an absentee as defined in Section 1403, the petition to te…
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If the conservatee has been disqualified from voting pursuant to Section 2208 or 2209 of the Electio…
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As used in this article, unless the context otherwise requires, “transaction” includes, but is not l…
§
Nothing in this article shall be construed to deny a conservatee any of the following: (a) The right…
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(a) Except as otherwise provided in this article, the appointment of a conservator of the estate is …
§
(a) In the order appointing the conservator or upon a petition filed under Section 1874, the court m…
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(a) After a conservator has been appointed, a petition requesting an order under Section 1873 may be…
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A transaction that affects real property of the conservatorship estate, entered into by a person act…
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The provisions of this article relating to the legal capacity of a conservatee to bind or obligate t…
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If the court determines that there is no form of medical treatment for which the conservatee has the…
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(a) A conservatee shall be deemed unable to give informed consent to any form of medical treatment p…
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(a) An order of the court under Section 1880 may be included in the order of appointment of the cons…
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(a) A petition may be filed under this article requesting that the court make an order under Section…
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Notice of the hearing on the petition shall be given for the period and in the manner provided in Ch…
§
The conservatee shall be produced at the hearing except in the following cases: (a) Where the conser…
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If the petition alleges that the conservatee is not willing to attend the hearing or upon receipt of…
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(a) The conservatee, the spouse, the domestic partner, a relative, or a friend of the conservatee, t…
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(a) If the court determines that the order requested in the petition is proper, the court shall make…
§
An order of the court under Section 1880 continues in effect until the earliest of the following tim…
§
An order of the court under Section 1880 may be modified or revoked upon a petition made, noticed, a…
§
The appointment of a conservator of the person or estate or both does not affect the capacity of the…
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(a) The court may by order determine whether the conservatee has the capacity to enter into a valid …
§
(a) If the court determines the conservatee is incapable of communicating, with or without reasonabl…
§
The Legislature recognizes that the right to exercise choice over matters of procreation is fundamen…
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(a) No person who has the ability to consent to his or her sterilization shall be sterilized pursuan…
§
The conservator of an adult, or any person authorized to file a petition for the appointment of a co…
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At least 90 days before the hearing on the petition under this chapter, notice of the time and place…
§
In any proceeding under this chapter, if the person named in the petition for court authorization to…
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(a) The court shall appoint a facilitator for the person named in the petition, who shall assist the…
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(a) The court shall request the director of the appropriate regional center for the developmentally …
§
The person to whom the petition applies shall be present at the hearing except for reason of medical…
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To the greatest extent possible, the court shall elicit and take into account the views of the indiv…
§
The court may authorize the conservator of a person proposed to be sterilized to consent to the ster…
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The fact that, due to the nature or severity of his or her disability, a person for whom an authoriz…
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If the person named in the petition already has a conservator, the court may authorize that person t…
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A sterilization procedure authorized under this chapter shall not include hysterectomy or castration…
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(a) Any court order granting a petition under this chapter shall be accompanied by a written stateme…
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(a) At the conclusion of the hearing, the court, after inquiring into financial ability, may make an…
§
An order of the court authorizing a conservator to consent to sterilization which is upheld on appea…
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Any court order made pursuant to this chapter granting authority to consent to sterilization shall b…
§
After the filing of a first petition for sterilization pursuant to this chapter and a determination …
§
(a) The sterilization of a person in accordance with this chapter does not render the petitioner or …
§
This chapter does not prohibit medical treatment or surgery required for other medical reasons and i…
§
Nothing in this chapter shall infringe on the right of persons with developmental disabilities who a…
§
(a) The Legislature finds that unwarranted petitions, applications, or motions other than discovery …
§
(a) By enacting this chapter, it is the Legislature’s intent to enact a modified version of the Unif…
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(a) (1) This chapter does not apply to a minor, regardless of whether the minor is or was married. (…
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In this chapter: (a) “Adult” means an individual who has attained 18 years of age. (b) “Conservatee”…
§
A court of this state may treat a foreign country as if it were a state for the purpose of applying …
§
(a) A court of this state may communicate with a court in another state concerning a proceeding aris…
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(a) In a conservatorship proceeding in this state, a court of this state may request the appropriate…
§
(a) In a conservatorship proceeding, in addition to other procedures that may be available, testimon…
§
(a) In this article: (1) “Emergency” means a circumstance that likely will result in substantial har…
§
For a conservatorship proceeding governed by this article, this article provides the exclusive basis…
§
(a) A court of this state has jurisdiction to appoint a conservator for a proposed conservatee if th…
§
(a) A court of this state lacking jurisdiction under subdivisions (a) to (e), inclusive, of Section …
§
Except as otherwise provided in Section 1994, a court that has appointed a conservator consistent wi…
§
(a) (1) A court of this state having jurisdiction under Section 1993 to appoint a conservator may de…
§
(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a conse…
§
If a petition for the appointment of a conservator of the person, conservator of the estate, or cons…
§
Except for a petition for the appointment of a conservator under paragraph (1) or paragraph (2) of s…
§
(a) A conservator appointed in this state may petition the court to transfer the conservatorship to …
§
(a) (1) To confirm transfer of a conservatorship transferred to this state under provisions similar …
§
If a conservatorship is transferred under this article from a court of this state to the court of a …
§
If a conservator of the person has been appointed in another state and a petition for the appointmen…
§
If a conservator of the estate has been appointed in another state and a petition for a conservators…
§
If a conservator of the person and estate has been appointed in another state and a petition for a c…
§
(a) At least 15 days before registering a conservatorship in this state, the conservator shall provi…
§
Upon registration of a conservatorship pursuant to this article, the court shall provide the conserv…
§
(a) Upon registration of a conservatorship order from another state and the filing by the conservato…
§
(a) A third person who acts in good faith reliance on a conservatorship order registered under this …
§
(a) A file-stamped copy of the registration documents required by Section 2011, 2012, or 2013 may be…
§
Notwithstanding any other provision of this article: (a) A conservatorship order of a court of a Cal…
§
In applying and construing this uniform act, consideration shall be given to the need to promote uni…
§
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and Nation…
§
(a) On or before January 1, 2016, the Judicial Council shall develop court rules and forms as necess…
§
(a) This chapter applies to conservatorship proceedings begun on or after January 1, 2016. (b) Artic…
§
For the purposes of this chapter: (a) “California tribe” means an Indian tribe with jurisdiction tha…
§
Article 2 (commencing with Section 1991) does not apply to a proposed conservatee who is a member of…
§
(a) If a petition for the appointment of a conservator has been filed in a court of this state and a…
§
Guardianships and conservatorships are governed by Division 3 (commencing with Section 1000), except…
§
The relationship of guardian and ward and of conservator and conservatee is a fiduciary relationship…
§
A guardian or conservator is subject to the regulation and control of the court in the performance o…
§
(a) When a judgment or order made pursuant to this division becomes final, it releases the guardian …
§
(a) A nonprofit charitable corporation may be appointed as a guardian or conservator of the person o…
§
A nonprofit charitable corporation not incorporated in this state may be appointed as the guardian o…
§
(a) The court, in its discretion, may appoint for a ward or conservatee: (1) Two or more joint guard…
§
(a) Except as provided in subdivision (b), where there is more than one guardian or conservator of t…
§
(a) The court, in its discretion, may appoint one guardian or conservator for several wards or conse…
§
(a) Unless limited by court order, when a court of this state appoints a guardian or conservator of …
§
(a) Except to the extent the court for good cause determines otherwise, if a guardian of the person …
§
(a) Subject to Section 2108, a guardian appointed under subdivision (d) of Section 1514 for particul…
§
Unless otherwise provided in the instrument or in this division, a guardian or conservator is not pe…
§
(a) As used in this section, “transaction” means any of the following: (1) A conveyance or lease of …
§
(a) Except as provided in subdivision (b), every court official or employee who has duties or respon…
§
(a) (1) In addition to other remedies available under statutory or common law, if the court finds th…
§
A conservator shall accommodate the desires of the conservatee, except to the extent that doing so w…
§
(a) The superior court has jurisdiction of guardianship and conservatorship proceedings. (b) Chapter…
§
The proper county for the commencement of a guardianship or conservatorship proceeding for a residen…
§
(a) The proper county for the commencement of a proceeding for the guardianship or conservatorship o…
§
(a) If proceedings for the guardianship or conservatorship of the estate are commenced in more than …
§
(a) If a proceeding for the guardianship of the person of the minor is filed in one county and a cus…
§
(a) Except as provided in Section 304 of the Welfare and Institutions Code, and subject to the provi…
§
As used in this article: (a) “Guardian or conservator” includes a proposed guardian or proposed cons…
§
The court in which a guardianship or conservatorship proceeding is pending may, upon petition theref…
§
The petition for transfer may be filed only by one or more of the following: (a) The guardian or con…
§
The petition for transfer shall set forth all of the following: (a) The county to which the proceedi…
§
Notice of the hearing shall be given for the period and in the manner provided in Chapter 3 (commenc…
§
(a) Any of the following persons may appear at the hearing to support or oppose the petition and may…
§
(a) Upon the order of transfer, the clerk shall transmit to the clerk of the court to which the proc…
§
(a) When an order has been made transferring venue to another county, the court transferring the mat…
§
(a) On or after the filing of a petition for appointment of a guardian or conservator, any person en…
§
(a) On or after the filing of a petition for appointment of a conservator, any person entitled to pe…
§
The proposed temporary conservatee shall attend the hearing except in the following cases: (a) If th…
§
(a) Regardless of whether the proposed temporary conservatee attends the hearing, the court investig…
§
Sections 2250, 2250.4, and 2250.6 shall not apply to proceedings under Chapter 3 (commencing with Se…
§
A temporary guardian or temporary conservator shall be issued letters of temporary guardianship or c…
§
(a) Except as otherwise provided in subdivisions (b) and (c), a temporary guardian or temporary cons…
§
(a) If a temporary conservator of the person proposes to fix the residence of the conservatee at a p…
§
(a) Notwithstanding Section 2253, a temporary conservator may remove a temporary conservatee from th…
§
(a) Except as provided in subdivision (b), an inventory and appraisal of the estate shall be filed b…
§
(a) Except as provided in subdivision (b), the temporary guardian or temporary conservator of the es…
§
(a) Except as provided in subdivision (b), the powers of a temporary guardian or temporary conservat…
§
A temporary guardian or temporary conservator is subject to the provisions of this division governin…
§
Before the appointment of a guardian or conservator is effective, including, but not limited to, the…
§
(a) The appointment, the taking of the oath, and the filing of the bond, if required, shall thereaft…
§
Except as otherwise required by the order of appointment, the letters of guardianship or conservator…
§
Except in temporary conservatorships, a conservator of the estate shall record a certified copy of t…
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(a) Except as otherwise provided by statute, every person appointed as guardian or conservator shall…
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When the conservator or guardian has knowledge of facts from which the guardian or conservator knows…
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If additional bond is required by the court when the account is heard, the order approving the accou…
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(a) Notwithstanding any other provision of law, the court in a conservatorship proceeding may not wa…
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One appointed only as guardian of the person or conservator of the person need not file a bond unles…
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(a) The court may dispense with the requirement of a bond if it appears likely that the estate will …
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If the person making the nomination has waived the filing of the bond, a guardian nominated under Se…
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The surety on the bond of a nonprofit charitable corporation described in Section 2104 shall be an a…
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(a) If joint guardians or conservators are appointed, the court may order that separate bonds or a j…
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(a) In a conservatorship proceeding, the court shall order a separate bond for each conservatee, exc…
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(a) In any proceeding to determine the amount of the bond of the guardian or conservator (whether at…
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(a) If a guardian or conservator moves the court for reduction in the amount of the bond, the motion…
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Upon the confirmation of the sale of any real property of the estate, or upon the authorization of t…
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(a) In case of a breach of a condition of the bond, an action may be brought against the sureties on…
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Where a petition is filed requesting an order that a guardian or conservator be required to give a b…
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A guardian or conservator who applies for a substitution and release of a surety shall file an accou…
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A superior court may not appoint a person to carry out the duties of a professional fiduciary, or pe…
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This article shall become operative on July 1, 2008.
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As used in this chapter: (a) “Conservator” means the conservator of the person. (b) “Guardian” means…
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(a) Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the …
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(a) (1) Within 120 calendar days of appointment by the court and no later than 10 days before a hear…
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(a) Subject to subdivision (b): (1) The limited conservator has the care, custody, and control of th…
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(a) The guardian may establish the residence of the ward at any place within this state without the …
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(a) It shall be presumed that the personal residence of the conservatee at the time of commencement …
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(a) Subject to subdivision (b), the guardian has the same right as a parent having legal custody of …
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(a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for me…
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(a) If the conservatee has been adjudicated to lack the capacity to make health care decisions, the …
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(a) A ward or conservatee shall not be placed in a mental health treatment facility under this divis…
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(a) The Legislature hereby finds and declares all of the following: (1) That a person with a major n…
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(a) As used in this section: (1) “Guardian or conservator” includes a temporary guardian of the pers…
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When a guardian or conservator is appointed, the court may, with the consent of the guardian or cons…
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(a) Upon petition of the guardian or conservator or ward or conservatee or other interested person, …
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Upon the establishment of a conservatorship by the court and annually thereafter, the conservator sh…
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(a) A conservator shall provide notice of a conservatee’s death by delivering pursuant to Section 12…
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As used in this chapter: (a) “Conservator” means the conservator of the estate, or the limited conse…
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(a) The guardian or conservator, or limited conservator to the extent specifically and expressly pro…
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The guardian or conservator shall use ordinary care and diligence to determine whether the ward or c…
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(a) If the guardian or conservator breaches a fiduciary duty, the guardian or conservator is chargea…
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(a) If the guardian or conservator is liable for interest pursuant to Section 2401.3, the guardian o…
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Any surcharge that a guardian or conservator incurs under the provisions of Sections 2401.3 or 2401.…
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The provisions of Sections 2401.3 and 2401.5 for liability of a guardian or conservator for breach o…
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When a guardian or conservator is appointed, the court may, with the consent of the guardian or cons…
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(a) Upon petition of the guardian or conservator, the ward or conservatee, a creditor, or other inte…
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(a) If the guardian or conservator fails, neglects, or refuses to furnish comfortable and suitable s…
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If there is a dispute relating to the estate between the guardian or conservator and a third person,…
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If there is a dispute relating to the estate between the guardian or conservator and a third person,…
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This chapter applies to property owned by spouses as community property only to the extent authorize…
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Nothing in this chapter limits or restricts any authority granted to a guardian or conservator pursu…
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On or before January 1, 2008, the Judicial Council, in consultation with the California Judges Assoc…
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(a) Subject to Section 2422, the guardian or conservator shall apply the income from the estate, so …
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(a) Upon petition of the guardian or conservator or the ward or conservatee, the court may authorize…
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(a) Upon petition of the guardian or conservator, the ward or conservatee, or any other interested p…
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(a) Upon petition of the conservator, the conservatee, the spouse or domestic partner of the conserv…
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(a) Subject to subdivisions (b) and (c), the guardian or conservator shall pay the following from an…
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(a) Subject to subdivision (d), the guardian or conservator may petition the court under Section 240…
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(a) Unless this article specifically provides a proceeding to obtain court authorization or requires…
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The guardian or conservator may collect debts and benefits due to the ward or conservatee and the es…
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The guardian or conservator may do any of the following: (a) Contract for the guardianship or conser…
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(a) The guardian or conservator may endorse and cash or deposit any checks, warrants, or drafts paya…
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The guardian or conservator may deposit money belonging to the estate in an insured account in a fin…
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(a) Subject to subdivision (b), where a trust company is a guardian or conservator and in the exerci…
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The guardian or conservator may deposit personal property of the estate with a trust company for saf…
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(a) A trust company serving as guardian or conservator may deposit securities that constitute all or…
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(a) Upon application of the guardian or conservator, the court may, with or without notice, order th…
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The guardian or conservator may maintain in good condition and repair the home or other dwelling of …
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With respect to a share of stock of a domestic or foreign corporation held in the estate, a membersh…
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(a) The guardian or conservator may obtain, continue, renew, modify, terminate, or otherwise deal in…
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The guardian or conservator may insure: (a) Property of the estate against loss or damage. (b) The w…
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(a) The guardian or conservator may prepare, execute, and file tax returns for the ward or conservat…
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Subject to Section 2463, unless another person is appointed for that purpose, the guardian or conser…
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(a) The guardian or conservator may bring an action against the other cotenants for partition of any…
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(a) If it is to the advantage of the estate to accept a deed to property which is subject to a mortg…
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The guardian or conservator may dispose of or abandon valueless property.
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The guardian or conservator may advance the guardian’s or conservator’s own funds for the benefit of…
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(a) The guardian or conservator continues to have the duty of custody and conservation of the estate…
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(a) The conservator of the estate of a disabled attorney who was engaged in the practice of law at t…
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(a) Commencing January 1, 2024, when a professional fiduciary becomes incapacitated and a vacancy ex…
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(a) Unless this article or some other applicable statute requires court authorization or approval, i…
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(a) Except as provided in subdivision (b), court approval is required for a compromise, settlement, …
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Court approval is required for a compromise or settlement of a matter when the transaction requires …
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Court approval is required for any of the following: (a) A compromise or settlement of a claim by th…
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Court approval is required for the compromise or settlement of any of the following: (a) A claim for…
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(a) Subject to subdivision (c), where the claim or matter is the subject of a pending action or proc…
§
Where approval of the court in which the guardianship or conservatorship proceeding is pending is re…
§
Notwithstanding Sections 2500 to 2506, inclusive: (a) Whenever another statute requires, provides a …
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(a) Except as otherwise provided in Sections 2544 and 2545, and except for the sale of a conservatee…
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The guardian or conservator may sell real or personal property of the estate, consent and agree to p…
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Notwithstanding Section 2541, the court may authorize a conservator to sell a conservatee’s present …
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(a) All sales shall be for cash or for part cash and part deferred payments. Except as otherwise pro…
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(a) If estate property is required or permitted to be sold, the guardian or conservator may: (1) Use…
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(a) Except as specifically limited by order of the court, subject to Section 2541, the guardian or c…
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Except as specifically limited by the court, subject to Section 2541, the guardian or conservator ma…
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(a) Subject to subdivisions (b) and (c) and to Section 2541, the guardian or conservator may sell or…
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The guardian or conservator shall apply the proceeds of the sale to the purposes for which it was ma…
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No action for the recovery of any property sold by a guardian or conservator may be maintained by th…
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Except as otherwise provided by statute, a guardian or conservator may borrow money, lend money, giv…
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(a) In any case described in Section 2541 or Section 2552, the guardian or conservator, after author…
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(a) The guardian or conservator may give a security interest or other lien upon the personal propert…
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For the purpose of this article, if a lease gives the lessee the right to extend the term of the lea…
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(a) Except as provided in Section 2555, leases may be executed by the guardian or conservator with r…
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(a) An order authorizing the execution of a lease shall set forth the minimum rental or royalty or b…
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If it is to the advantage of the estate, the guardian or conservator may lease, as lessor, real prop…
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(a) If it is for the advantage, benefit, and best interests of the estate and those interested there…
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(a) Whenever it is for the advantage, benefit, and best interests of the ward or conservatee and tho…
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(a) The guardian or conservator, after authorization by order of the court, may invest the proceeds …
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When authorized by order of the court under Section 2570, the guardian or conservator may purchase: …
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An order authorizing the guardian or conservator to purchase real property may authorize the guardia…
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An order authorizing investment in bonds issued by any state or of any city, county, city and county…
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(a) Subject to subdivision (b), the guardian or conservator, without authorization of the court, may…
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(a) The conservator or other interested person may file a petition under this article for an order o…
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Notice of the hearing of the petition shall be given, regardless of age, for the period and in the m…
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The court may make an order authorizing or requiring the proposed action under this article only if …
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In determining whether to authorize or require a proposed action under this article, the court shall…
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After hearing, the court, in its discretion, may approve, modify and approve, or disapprove the prop…
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Nothing in this article imposes any duty on the conservator to propose any action under this article…
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(a) As used in this section, “estate plan of the conservatee” includes, but is not limited to, the c…
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(a) The court may, in its discretion, make an order granting the guardian or conservator any one or …
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The powers referred to in Section 2590 are: (a) The power to operate, for a period longer than 45 da…
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(a) Notwithstanding any other provisions of this article, a conservator seeking an order under Secti…
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(a) The guardian or conservator may apply by petition for an order under Section 2590. (b) The appli…
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(a) The court, on its own motion or on petition of any interested person, when it appears to be for …
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(a) When a power or powers are granted pursuant to this article, the letters of guardianship or cons…
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(a) The grant of a power or powers pursuant to this article does not affect the right of the guardia…
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As used in this chapter, unless the context otherwise requires: (a) “Conservator” means (1) the cons…
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(a) Unless otherwise ordered by the court, if the ward or conservatee is employed at any time during…
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(a) Within 90 days after appointment, or within any further time as the court for reasonable cause u…
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If the ward or conservatee is or has been during the guardianship or conservatorship a patient in a …
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If a timely request is made, the clerk of court shall deliver pursuant to Section 1215 a copy of the…
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Whenever any property of the ward or conservatee is discovered that was not included in the inventor…
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(a) Within 30 days after the inventory and appraisal is filed, the guardian or conservator or any cr…
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(a) If the guardian or conservator fails to file an inventory and appraisal within the time allowed …
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If a guardian or conservator of the person or estate, or both, is a professional fiduciary, as descr…
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At any time on or after one year from the submission of an hourly fee schedule or another statement …
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If a guardian or conservator fails to file any inventory required by this article within the time pr…
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(a) A petition may be filed under this article by any one or more of the following: (1) The guardian…
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Interrogatories may be put to a person cited to answer interrogatories under Section 2616. The inter…
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(a) At an examination, witnesses may be produced and examined on either side. (b) If upon the examin…
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(a) On petition of the guardian or conservator, the court may issue a citation to a person who has p…
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(a) At the expiration of one year from the time of appointment and thereafter not less frequently th…
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The Judicial Council shall, by January 1, 2009, develop guidelines to assist investigators and exami…
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(a) Whenever the conservator or guardian has failed to file an accounting as required by Section 262…
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Notice of the hearing on the account of the guardian or conservator shall be given for the period an…
§
The ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee…
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(a) If the court determines that the objections were without reasonable cause and in bad faith, the …
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(a) Except as provided in subdivision (b), the guardian or conservator shall be allowed all of the f…
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Any sale or purchase of property or other transaction not previously authorized, approved, or confir…
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If it appears upon the settlement of any account that the estate has been entirely exhausted through…
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(a) After a ward has reached majority, the ward may settle accounts with the guardian and give the g…
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(a) The court may make an order that the guardian or conservator need not present the accounts other…
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The termination of the relationship of guardian and ward or conservator and conservatee by the death…
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(a) Upon the death of the ward or conservatee, the guardian or conservator may contract for and pay …
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(a) As used in this section: (1) “Incapacitated” means lack of capacity to serve as guardian or cons…
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Subject to Section 2630, where the guardianship or conservatorship terminates before the inventory o…
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(a) At any time after the filing of the inventory and appraisal, but not before the expiration of 90…
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(a) If a person has petitioned for the appointment of a particular conservator and another conservat…
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(a) At any time permitted by Section 2640 and upon the notice therein prescribed, the guardian or co…
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(a) At any time permitted by Section 2640 and upon the notice therein prescribed, an attorney who ha…
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(a) Except as provided in Section 2643.1, on petition by the guardian or conservator of the person o…
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(a) On petition by a guardian or conservator of the person or estate, or both, who is a professional…
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(a) Where it is to the advantage, benefit, and best interest of the ward or conservatee or the estat…
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(a) No attorney who is a guardian or conservator shall receive any compensation from the guardianshi…
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In proceedings under this chapter, the court shall only determine fees that are payable from the est…
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No attorney fees may be paid from the estate of the ward or conservatee without prior court order. T…
§
A guardian or conservator may be removed for any of the following causes: (a) Failure to use ordinar…
§
The ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee…
§
Notice of the hearing on the petition shall be given for the period and in the manner provided in Ch…
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(a) The guardian or conservator, the ward or conservatee, the spouse of the ward or the spouse or re…
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Whenever it appears that the ward or conservatee or the estate may suffer loss or injury during the …
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(a) A guardian or conservator may be removed from office if the guardian or conservator is found in …
§
A guardian or conservator may at any time file with the court a petition tendering the resignation o…
§
Whenever the court grants a petition removing the guardian or conservator of a minor ward or conserv…
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When for any reason a vacancy occurs in the office of guardian, the court may appoint a successor gu…
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When for any reason a vacancy occurs in the office of conservator, the court may appoint a successor…
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A petition for appointment of a successor conservator may be filed by any of the following: (a) The …
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(a) The petition shall request that a successor conservator be appointed for the person or estate, o…
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(a) At least 15 days before the hearing on the petition for appointment of a successor conservator, …
§
Unless the petition states that the conservatee will be present at the hearing, the court investigat…
§
If the conservatee is present at the hearing, prior to making an order appointing a successor conser…
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If the petition states that the conservatee will be present at the hearing and the conservatee fails…
§
The conservatee, the spouse, the domestic partner, or any relative or friend of the conservatee, or …
§
(a) The court shall determine the question of who should be appointed as successor conservator accor…
§
If the conservatee is an “absentee” as defined in Section 1403: (a) The petition for appointment of …
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(a) (1) At any time after the issuance of letters of guardianship or conservatorship, the ward, if o…
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(a) A request for special notice may be modified or withdrawn in the same manner as provided for the…
§
(a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant …
§
As used in this chapter, “foreign guardian or conservator” means a guardian, conservator, committee,…
§
Subject to the limitations and requirements of this chapter, the court in which the guardianship of …
§
A petition for an order authorizing a transfer may be filed by any of the following: (a) The guardia…
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The petition shall set forth all of the following: (a) The name and address of: (1) The foreign guar…
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At least 30 days before the hearing, the petitioner shall deliver pursuant to Section 1215 a notice …
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Any of the following may appear and file written objections to the petition: (a) Any person required…
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The court may grant the petition and order the guardian or conservator to transfer some or all of th…
§
If a transfer is ordered, the court may direct the manner of transfer and impose such terms and cond…
§
(a) If the court’s order provides for the transfer of all of the property of the estate to the forei…
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(a) When a guardian or conservator, pursuant to letters of guardianship or conservatorship of the es…
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(a) The statement filed pursuant to Section 2890 shall be an affidavit by a person having authority …
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(a) When a guardian or conservator, pursuant to letters of guardianship or conservatorship of the es…
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(a) The written statement provided pursuant to Section 2892 by the financial institution shall be in…
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(a) (1) If the public guardian or public conservator determines that the requirements for appointmen…
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(a) A public guardian who is authorized to take possession or control of property under this chapter…
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(a) A public guardian or public conservator, who is authorized to restrain any person from transferr…
§
A public guardian who takes possession or control of property pursuant to this chapter is entitled t…
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This chapter applies only to possession or control of property by a public guardian on or after July…
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(a) Upon a showing of probable cause to believe that a person is in substantial danger of abuse or n…
§
A court order issued in response to a public guardian’s petition pursuant to Section 2910 shall do a…
§
(a) If any person domiciled in the county requires a guardian or conservator and there is no one els…
§
An application of the public guardian for guardianship or conservatorship of the person, the estate,…
§
If the public guardian is appointed as guardian or conservator: (a) Letters shall be issued in the s…
§
On or before January 1, 2008, the public guardian shall comply with the continuing education require…
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All funds coming into the custody of the public guardian shall be deposited or invested in the same …
§
The public guardian may, if necessary and in the public guardian’s discretion, employ private attorn…
§
The public guardian shall be paid from the estate of the ward or conservatee for all of the followin…
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(a) Notwithstanding subdivision (c) of Section 2610, the property described in the inventory may be …
§
The public guardian is not liable for failing to take possession or control of property that is beyo…
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(a) It is the intent of the Legislature to do all of the following: (1) Reduce the incidence of fina…
§
The definitions contained in this section shall govern the construction of this chapter, unless the …
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(a) A peace officer may issue a declaration, as provided in Section 2954, concerning an elder person…
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(a) (1) A public guardian who has taken possession or control of the property of an elder person pur…
§
A declaration issued by a peace officer under this chapter shall not be valid unless it substantiall…
§
Nothing in this chapter shall prohibit or restrict a public guardian from undertaking any other proc…
§
Unless the provision or context otherwise requires, the definitions contained in this article govern…
§
“Community property” means community real property and community personal property, including, but n…
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“Conservator” means conservator of the estate, or limited conservator of the estate to the extent th…
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“Conservatorship estate” includes the guardianship estate of a married minor.
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“Conservatorship proceeding” means conservatorship of the estate proceeding and includes a guardians…
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(a) Unless the spouse lacks legal capacity under the applicable standard prescribed in subdivision (…
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(a) The proceeds, rents, issues, and profits of community property dealt with or disposed of under t…
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(a) Except as provided in subdivisions (b) and (c), where one or both of the spouses has a conservat…
§
(a) Subject to Section 3071, the right of a spouse to manage and control community property, includi…
§
When community property is included or proposed to be included in the conservatorship estate of a sp…
§
(a) If consent is given under this article that community property be included in the conservatorshi…
§
Except as otherwise provided in this part and subject to Section 3071, when community property is in…
§
(a) Where a spouse lacks legal capacity and does not have a conservator, any interested person who h…
§
If the requirements of this article are satisfied with respect to a transaction described in Section…
§
(a) In case of a transaction for which the joinder or consent of both spouses is required by Section…
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(a) Except as provided in subdivision (b), a conservator may join in or consent to a transaction und…
§
(a) The joinder or consent under Section 3071 of a spouse having legal capacity shall be in a manner…
§
Notwithstanding any other provision of this article, a transaction that affects real property, enter…
§
If one spouse has a conservator and the other spouse has the management or control of community prop…
§
(a) Notice of the hearing on the petition shall be given for the period and in the manner provided i…
§
Upon the filing of a petition under this article, the court may cite the spouse who has the manageme…
§
In any proceeding under this article, the court may, after notice and hearing, order the spouse who …
§
When a petition is filed under this article, the spouse having the management or control of communit…
§
During the pendency of any proceeding under this article, the court, upon the application of the pet…
§
Any person interested in the proceeding under this article may request time for filing a response to…
§
In a proceeding under this article, the court may hear and determine whether property is community p…
§
(a) The court may order the spouse who has the management or control of community property to apply …
§
If the spouse who has the management or control of the community property refuses to comply with any…
§
Any order of the court made under this article may be enforced by the court by execution, the appoin…
§
Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practic…
§
Nothing in this article affects or limits the right of the conservator or any interested person to i…
§
(a) As used in this chapter, “transaction” means a transaction that involves community real or perso…
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(a) A proceeding may be brought under this chapter for a court order authorizing a proposed transact…
§
The transactions that may be the subject of a proceeding under this chapter include, but are not lim…
§
(a) A proceeding under this chapter shall be brought by a petition filed in the superior court. (b) …
§
(a) Except as provided in subdivision (b), any of the following persons may file, or join in, a peti…
§
(a) If a petitioning spouse is one whose legal capacity for the proposed transaction is to be determ…
§
A proceeding may be brought under this chapter by the conservator of a spouse, or by a spouse having…
§
(a) Several proposed transactions may be included in one petition and proceeding under this chapter.…
§
The petition shall set forth all of the following information: (a) The name, age, and residence of e…
§
If the proceeding is brought for a court order authorizing a proposed transaction, the petition shal…
§
If the proceeding is brought for a court order declaring that one or both spouses has legal capacity…
§
(a) Except as provided in subdivision (b), upon the filing of the petition, the clerk shall issue a …
§
(a) At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the …
§
(a) A conservator served pursuant to this article shall, and the Director of State Hospitals or the …
§
(a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservato…
§
(a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservato…
§
(a) If the petition requests that the court make an order declaring a spouse to have legal capacity …
§
(a) The court may authorize the proposed transaction if the court determines all of the following: (…
§
A court determination pursuant to this chapter that a spouse lacks legal capacity for the proposed t…
§
(a) Unless the court for good cause dispenses with the bond, the court shall require the petitioner …
§
(a) The petitioner shall, upon receipt of the consideration therefor, execute, acknowledge, and deli…
§
A sale, conveyance, assignment, transfer, exchange, encumbrance, security interest, mortgage, deed o…
§
Notes, encumbrances, security interests, mortgages, leases, or deeds of trust, executed as provided …
§
(a) If any party to the transaction, other than the petitioner, does not consummate a transaction au…
§
As used in this part: (a) “Health care” means any care, treatment, service, or procedure to maintain…
§
(a) A petition may be filed to determine that a patient has the capacity to make a health care decis…
§
The petition may be filed in the superior court of any of the following counties: (a) The county in …
§
A petition may be filed by any of the following: (a) The patient. (b) The patient’s spouse. (c) A re…
§
The petition shall state, or set forth by a medical declaration attached to the petition, all of the…
§
Upon the filing of the petition, the court shall determine the name of the attorney the patient has …
§
(a) Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy…
§
Notwithstanding Section 3206, the matter presented by the petition may be submitted for the determin…
§
(a) Except as provided in subdivision (b), the court may make an order authorizing the recommended h…
§
In a proceeding under this part: (a) Where the patient has the capacity to consent to the recommende…
§
The court in which the petition is filed has continuing jurisdiction to revoke or modify an order ma…
§
(a) This part is supplemental and alternative to other procedures or methods for obtaining consent t…
§
(a) No person may be placed in a mental health treatment facility under the provisions of this part.…
§
Nothing in this part shall be construed to supersede or impair the right of any individual to choose…
§
A parent who receives any money or property belonging to a minor under any provision of this part sh…
§
Nothing in this part limits the provisions of the California Uniform Transfers to Minors Act, Part 9…
§
(a) As used in this article, “total estate of the minor” includes both the money and other property …
§
(a) Where a minor does not have a guardian of the estate, money or other property belonging to the m…
§
The written receipt of the parent giving the written assurance under Section 3401 shall be an acquit…
§
(a) This article applies to both of the following cases: (1) Where the minor has a guardian of the e…
§
(a) A parent of a minor entitled to custody of the minor, the guardian of the estate of the minor, o…
§
If the minor has a guardian of the estate and the sole asset of the guardianship estate is money, th…
§
If the minor has no guardian of the estate and there is money belonging to the minor, the court may …
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(a) When a minor has a disputed claim for damages, money, or other property and does not have a guar…
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The court shall schedule a hearing on a petition for compromise of a minor’s disputed claim pursuant…
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This chapter applies whenever both of the following conditions exist: (a) A court (1) approves a com…
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(a) The court making the order or giving the judgment referred to in Section 3600, as a part thereof…
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(a) If there is no guardianship of the estate of the minor or conservatorship of the estate of the p…
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Where reference is made in this chapter to a “person with a disability,” the reference shall be deem…
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(a) (1) If a court makes an order under Section 3602 or 3611 that money of a minor or person with a …
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(a) This section applies only to a special needs trust established under Section 3604 on or after Ja…
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When money or other property is to be paid or delivered for the benefit of a minor or person with a …
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In any case described in Section 3610, the court making the order or giving the judgment referred to…
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(a) Notwithstanding any other provision of law and except to the extent the court orders otherwise, …
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Notwithstanding any other provision of this chapter, a court may not make an order or give a judgmen…
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As used in this chapter: (a) “Absentee” is defined in Section 1403. (b) “Certificate of missing stat…
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Upon petition as provided in this chapter, the court may set aside to the family of an absentee pers…
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A petition that personal property of an absentee be set aside as provided in this chapter may be fil…
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(a) The petition shall contain all of the following: (1) A statement that the petition is filed unde…
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(a) Notice of the nature of the proceedings and the time and place of the hearing shall be given by …
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(a) Upon the hearing of the petition, any officer or agency of this state or the United States or th…
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A determination by the court that the value of all of the absentee’s property, wherever situated, ex…
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For the purposes of this chapter, any property or interest therein or lien thereon that the absentee…
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(a) Within six months after the absentee has returned to the controllable jurisdiction of the milita…
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The family of an absentee may collect, receive, dispose of, or engage in any transaction relating to…
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(a) If the conditions set forth in Section 3710 are satisfied, the family of the absentee may have a…
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The time within which an absentee may commence an action against any person who executes an affidavi…
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If an absentee executed a power of attorney that expires during the period that occasions absentee s…
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For the purposes of Chapter 5 (commencing with Section 4300) of Part 2 of Division 4.5, in the case …
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If after the absentee executes a power of attorney, the principal’s spouse who is the attorney-in-fa…
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(a) If a nonresident has a duly appointed, qualified, and acting guardian, conservator, committee, o…
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(a) The petition shall be made upon 15 days’ notice, by delivery pursuant to Section 1215, to all of…
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(a) The nonresident fiduciary shall produce and file one of the following certificates: (1) A certif…
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(a) Upon the petition, if the court determines that removal of the property will not conflict with a…
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This part may be cited as the “California Uniform Transfers to Minors Act.”
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In this part: (a) “Adult” means an individual who has attained the age of 18 years. (b) “Benefit pla…
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(a) This part applies to a transfer that refers to this part in the designation under subdivision (a…
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(a) A person having the right to designate the recipient of property transferable upon the occurrenc…
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A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appoi…
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(a) A personal representative or trustee may make an irrevocable transfer pursuant to Section 3909 t…
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(a) Subject to subdivision (c), a personal representative or trustee may make an irrevocable transfe…
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(a) Subject to subdivisions (b) and (c), a person not subject to Section 3905 or 3906 who holds prop…
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A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge f…
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(a) Custodial property is created and a transfer is made whenever any of the following occurs: (1) A…
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A transfer may be made only for one minor, and only one person may be the custodian. All custodial p…
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(a) The validity of a transfer made in a manner prescribed in this part is not affected by any of th…
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(a) A custodian shall do all of the following: (1) Take control of custodial property. (2) Register …
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(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over cust…
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(a) A custodian may deliver or pay to the minor or expend for the minor’s benefit as much of the cus…
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(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurre…
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A third person in good faith and without court order may act on the instructions of, or otherwise de…
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(a) A claim based on (1) a contract entered into by a custodian acting in a custodial capacity, (2) …
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(a) A person nominated under Section 3903 or designated under Section 3909 as custodian may decline …
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(a) A minor who has attained the age of 14 years, the minor’s guardian of the person or legal repres…
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The custodian shall transfer in an appropriate manner the custodial property to the minor or to the …
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(a) Subject to the requirements and limitations of this section, the time for transfer to the minor …
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Subject to the power of the court to transfer actions and proceedings as provided in the Code of Civ…
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This part applies to a transfer within the scope of Section 3902 made on or after January 1, 1985, i…
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(a) As used in this section, “California Uniform Gifts to Minors Act” means former Article 4 (commen…
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This part shall not be construed as providing an exclusive method for making gifts or other transfer…
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This division may be cited as the Power of Attorney Law.
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Sections 4124, 4125, 4126, 4127, 4206, 4304, and 4305 may be cited as the Uniform Durable Power of A…
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Unless the provision or context otherwise requires, the definitions in this chapter govern the const…
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(a) “Attorney-in-fact” means a person granted authority to act for the principal in a power of attor…
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“Durable power of attorney” means a power of attorney that satisfies the requirements for durability…
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“Power of attorney” means a written instrument, however denominated, that is executed by a natural p…
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“Principal” means a natural person who executes a power of attorney.
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“Springing power of attorney” means a power of attorney that by its terms becomes effective at a spe…
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“Third person” means any person other than the principal or attorney-in-fact.
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(a) This division applies to the following: (1) Durable powers of attorney, other than powers of att…
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Except where this division provides a specific rule, the general law of agency, including Article 2 …
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(a) If a power of attorney provides that the Power of Attorney Law of this state governs the power o…
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A durable power of attorney executed in another state or jurisdiction in compliance with the law of …
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Except as otherwise provided by statute: (a) On and after January 1, 1995, this division applies to …
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This part applies to all powers of attorney under this division, subject to any special rules applic…
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(a) Except as provided in subdivision (b), the principal may limit the application of any provision …
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Notwithstanding Section 4128: (a) Except as provided in subdivision (b), on and after January 1, 199…
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A natural person having the capacity to contract may execute a power of attorney.
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A power of attorney is legally sufficient if all of the following requirements are satisfied: (a) Th…
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If the power of attorney is signed by witnesses, as provided in Section 4121, the following requirem…
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(a) In a power of attorney under this division, a principal may grant authority to an attorney-in-fa…
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A durable power of attorney is a power of attorney by which a principal designates another person as…
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All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of in…
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(a) A principal may nominate, by a durable power of attorney, a conservator of the person or estate …
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Unless a power of attorney states a time of termination, the authority of the attorney-in-fact is ex…
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(a) Subject to subdivision (b), a printed form of a durable power of attorney that is sold or otherw…
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(a) In a springing power of attorney, the principal may designate one or more persons who, by a writ…
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(a) If a principal grants inconsistent authority to one or more attorneys-in-fact in two or more pow…
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(a) A principal may modify a power of attorney as follows: (1) In accordance with the terms of the p…
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(a) A principal may revoke a power of attorney as follows: (1) In accordance with the terms of the p…
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(a) Subject to subdivision (b), the authority of an attorney-in-fact under a power of attorney is te…
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(a) The authority of an attorney-in-fact under a power of attorney may be revoked as follows: (1) In…
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(a) If after executing a power of attorney the principal’s marriage to the attorney-in-fact is disso…
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(a) Subject to subdivision (b), the authority of an attorney-in-fact under a nondurable power of att…
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Only a person having the capacity to contract is qualified to act as an attorney-in-fact.
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Designating an unqualified person as an attorney-in-fact does not affect the immunities of third per…
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(a) A principal may designate more than one attorney-in-fact in one or more powers of attorney. (b) …
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(a) A principal may designate one or more successor attorneys-in-fact to act if the authority of a p…
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An attorney-in-fact is entitled to reasonable compensation for services rendered to the principal as…
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(a) An attorney-in-fact may revocably delegate authority to perform mechanical acts to one or more p…
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(a) If, following execution of a durable power of attorney, a court of the principal’s domicile appo…
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(a) An attorney-in-fact may resign by any of the following means: (1) If the principal is competent,…
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(a) Except as provided in subdivisions (b) and (c), a person who is designated as an attorney-in-fac…
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(a) Except as provided in subdivision (b), in dealing with property of the principal, an attorney-in…
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(a) If the attorney-in-fact breaches a duty pursuant to this division, the attorney-in-fact is charg…
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(a) An attorney-in-fact has a duty to act solely in the interest of the principal and to avoid confl…
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(a) The attorney-in-fact shall keep the principal’s property separate and distinct from other proper…
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(a) To the extent reasonably practicable under the circumstances, an attorney-in-fact has a duty to …
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If the principal becomes wholly or partially incapacitated, or if there is a question concerning the…
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(a) The attorney-in-fact shall keep records of all transactions entered into by the attorney-in-fact…
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An attorney-in-fact with special skills has a duty to apply the full extent of those skills.
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(a) On termination of an attorney-in-fact’s authority, the attorney-in-fact shall promptly deliver p…
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(a) Except as specified in subdivision (b), this article applies to all powers of attorney under thi…
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If a power of attorney grants general authority to an attorney-in-fact and is not limited to one or …
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Subject to this article, if a power of attorney grants limited authority to an attorney-in-fact, the…
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(a) A power of attorney may grant authority to the attorney-in-fact by incorporating powers by refer…
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An attorney-in-fact under a power of attorney may perform any of the following acts on behalf of the…
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A power of attorney may not authorize an attorney-in-fact to make, publish, declare, amend, or revok…
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The grant of authority to an attorney-in-fact, whether by the power of attorney, by statute, or by t…
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A third person shall accord an attorney-in-fact acting pursuant to the provisions of a power of atto…
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A third person may rely on, contract with, and deal with an attorney-in-fact with respect to the sub…
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When requested to engage in transactions with an attorney-in-fact, a third person, before incurring …
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(a) A third person who acts in good faith reliance on a power of attorney is not liable to the princ…
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(a) The death of a principal who has executed a power of attorney, whether durable or nondurable, do…
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(a) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney-in-f…
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(a) If an attorney-in-fact furnishes an affidavit pursuant to Section 4305, whether voluntarily or o…
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(a) A copy of a power of attorney certified under this section has the same force and effect as the …
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(a) A third person who conducts activities through employees is not charged under this chapter with …
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Nothing in this chapter requires a third person to engage in any transaction with an attorney-in-fac…
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Without limiting the generality of Section 4300, nothing in this chapter requires a financial instit…
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This part may be cited as the Uniform Statutory Form Power of Attorney Act.
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The following statutory form power of attorney is legally sufficient when the requirements of Sectio…
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A statutory form power of attorney under this part is legally sufficient if all of the following req…
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If the line in front of (N) of the statutory form under Section 4401 is initialed, an initial on the…
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A statutory form power of attorney legally sufficient under this part is durable to the extent that …
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(a) A statutory form power of attorney under this part that limits the power to take effect upon the…
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(a) If a third person to whom a properly executed statutory form power of attorney under this part i…
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The provisions of this division apply to a statutory form power of attorney except when there is a c…
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Nothing in this part affects or limits the use of any other form for a power of attorney. A form tha…
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(a) A statutory short form power of attorney executed before, on, or after the repeal of Chapter 3 (…
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By executing a statutory form power of attorney with respect to a subject listed in Section 4401, th…
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In a statutory form power of attorney, the language granting power with respect to real property tra…
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In a statutory form power of attorney, the language granting power with respect to tangible personal…
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In a statutory form power of attorney, the language granting power with respect to stock and bond tr…
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In a statutory form power of attorney, the language granting power with respect to commodity and opt…
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In a statutory form power of attorney, the language granting power with respect to banking and other…
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In a statutory form power of attorney, the language granting power with respect to business operatin…
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In a statutory form power of attorney, the language granting power with respect to insurance and ann…
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In a statutory form power of attorney, the language granting power with respect to estate, trust, an…
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In a statutory form power of attorney, the language with respect to claims and litigation empowers t…
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(a) In a statutory form power of attorney, the language granting power with respect to personal and …
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In a statutory form power of attorney, the language granting power with respect to benefits from soc…
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In a statutory form power of attorney, the language granting power with respect to retirement plan t…
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In a statutory form power of attorney, the language granting power with respect to tax matters empow…
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The powers described in this chapter are exercisable equally with respect to an interest the princip…
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A statutory form power of attorney under this part does not empower the agent to take any of the act…
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A power of attorney is exercisable free of judicial intervention, subject to this part.
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The remedies provided in this part are cumulative and not exclusive of any other remedies provided b…
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Except as provided in Section 4503, this part is not subject to limitation in the power of attorney.
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(a) Subject to subdivision (b), a power of attorney may expressly eliminate the authority of a perso…
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There is no right to a jury trial in proceedings under this division.
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Except as otherwise provided in this division, the general provisions in Division 3 (commencing with…
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(a) The superior court has jurisdiction in proceedings under this division. (b) The court in proceed…
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The court may exercise jurisdiction in proceedings under this division on any basis permitted by Sec…
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Without limiting Section 4521, a person who acts as an attorney-in-fact under a power of attorney go…
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The proper county for commencement of a proceeding under this division shall be determined in the fo…
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Subject to Section 4503, a petition may be filed under this part by any of the following persons: (a…
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A petition may be filed under this part for any one or more of the following purposes: (a) Determini…
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A proceeding under this part is commenced by filing a petition stating facts showing that the petiti…
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The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for t…
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(a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner sha…
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In a proceeding under this part commenced by the filing of a petition by a person other than the att…
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This division may be cited as the Health Care Decisions Law.
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Unless the provision or context otherwise requires, the definitions in this chapter govern the const…
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“Advance health care directive” or “advance directive” means either an individual health care instru…
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(a) “Agent” means an individual designated in a power of attorney for health care to make a health c…
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“Capacity” means a person’s ability to understand the nature and consequences of a decision and to m…
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“Community care facility” means a “community care facility” as defined in Section 1502 of the Health…
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“Conservator” means a court-appointed conservator having authority to make a health care decision fo…
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“Health care” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise a…
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(a) “Health care decision” means a decision made by a patient or the patient’s agent, conservator, o…
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“Health care institution” means an institution, facility, or agency licensed, certified, or otherwis…
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“Health care provider” means an individual licensed, certified, or otherwise authorized or permitted…
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“Individual health care instruction” or “individual instruction” means a patient’s written or oral d…
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“Patient” means an adult whose health care is under consideration, and includes a principal under a …
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“Physician” means a physician and surgeon licensed by the Medical Board of California or the Osteopa…
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“Power of attorney for health care” means a written instrument designating an agent to make health c…
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“Primary physician” means a physician designated by a patient or the patient’s agent, conservator, o…
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“Principal” means an adult who executes a power of attorney for health care.
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“Reasonably available” means readily able to be contacted without undue effort and willing and able …
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“Residential care facility for the elderly” means a “residential care facility for the elderly” as d…
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“Skilled nursing facility” means a “skilled nursing facility” as defined in Section 1250 of the Heal…
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“Supervising health care provider” means the primary physician or, if there is no primary physician …
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“Surrogate” means an adult, other than a patient’s agent or conservator, authorized under this divis…
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The Legislature finds the following: (a) In recognition of the dignity and privacy a person has a ri…
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(a) Except as otherwise provided, this division applies to health care decisions for adults who lack…
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This division does not authorize consent to any of the following on behalf of a patient: (a) Commitm…
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Nothing in this division shall be construed to condone, authorize, or approve mercy killing, assiste…
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This division does not authorize or require a health care provider or health care institution to pro…
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(a) This division does not create a presumption concerning the intention of a patient who has not ma…
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Death resulting from withholding or withdrawing health care in accordance with this division does no…
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A patient is presumed to have the capacity to make a health care decision, to give or revoke an adva…
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Unless otherwise specified in a written advance health care directive, for the purposes of this divi…
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(a) Except as provided in subdivision (b), none of the following persons may make health care decisi…
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A copy of a written advance health care directive, revocation of an advance directive, or designatio…
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Except as otherwise provided by statute: (a) On and after July 1, 2000, this division applies to all…
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An adult having capacity may give an individual health care instruction. The individual instruction …
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(a) An adult having capacity may execute a power of attorney for health care, as provided in Article…
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(a) A written advance health care directive may include the individual’s nomination of a conservator…
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(a) A written advance health care directive is legally sufficient if all of the following requiremen…
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If the written advance health care directive is signed by witnesses, as provided in Section 4673, th…
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(a) If an individual is a patient in a skilled nursing facility when a written advance health care d…
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(a) A written advance health care directive or similar instrument executed in another state or juris…
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A health care provider, health care service plan, health care institution, disability insurer, self-…
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Unless otherwise specified in an advance health care directive, a person then authorized to make hea…
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(a) (1) This chapter does not prohibit the execution of a voluntary standalone psychiatric advance d…
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A power of attorney for health care is legally sufficient if it satisfies the requirements of Sectio…
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(a) Except as provided in subdivision (b), the principal may limit the application of any provision …
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Unless otherwise provided in a power of attorney for health care, the authority of an agent becomes …
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Subject to any limitations in the power of attorney for health care: (a) An agent designated in the …
§
An agent shall make a health care decision in accordance with the principal’s individual health care…
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Unless the power of attorney for health care provides otherwise, the agent designated in the power o…
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Unless the power of attorney for health care provides a time of termination, the authority of the ag…
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Nothing in this division affects any right the person designated as an agent under a power of attorn…
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Where this division does not provide a rule governing agents under powers of attorney, the law of ag…
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Nothing in this division authorizes an agent under a power of attorney for health care to make a hea…
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(a) If the principal becomes wholly or partially incapacitated, or if there is a question concerning…
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If directed by the principal in a power of attorney for health care, an attorney-in-fact shall, upon…
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(a) A patient having capacity may revoke the designation of an agent only by a signed writing or by …
§
A health care provider, agent, conservator, or surrogate who is informed of a revocation of an advan…
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(a) If after executing a power of attorney for health care the principal’s marriage to the agent is …
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An advance health care directive that conflicts with an earlier advance directive revokes the earlie…
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The form provided in Section 4701 may, but need not, be used to create an advance health care direct…
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The statutory advance health care directive form is as follows: ADVANCE HEALTH CARE DIRECTIVE (Calif…
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(a) A patient may designate an adult as a surrogate to make health care decisions by personally info…
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(a) If a patient lacks the capacity to make a health care decision, the following legally recognized…
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A surrogate, including a person acting as a surrogate, shall make a health care decision in accordan…
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A patient having capacity at any time may disqualify another person, including a member of the patie…
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(a) If a patient lacks the capacity to make a health care decision, the patient’s domestic partner s…
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(a) Notwithstanding any other provision of law, within 24 hours of the arrival in the emergency depa…
§
Before implementing a health care decision made for a patient, a supervising health care provider, i…
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(a) A supervising health care provider who knows of the existence of an advance health care directiv…
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A primary physician who makes or is informed of a determination that a patient lacks or has recovere…
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Except as provided in Sections 4734 and 4735, a health care provider or health care institution prov…
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(a) A health care provider may decline to comply with an individual health care instruction or healt…
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A health care provider or health care institution may decline to comply with an individual health ca…
§
A health care provider or health care institution that declines to comply with an individual health …
§
A health care provider or health care institution acting in good faith and in accordance with genera…
§
A person acting as agent or surrogate under this part is not subject to civil or criminal liability …
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(a) A health care provider or health care institution that intentionally violates this part is subje…
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Any person who alters or forges a written advance health care directive of another, or willfully con…
§
Subject to this division: (a) An advance health care directive is effective and exercisable free of …
§
The remedies provided in this part are cumulative and not exclusive of any other remedies provided b…
§
Except as provided in Section 4753, this part is not subject to limitation in an advance health care…
§
(a) Subject to subdivision (b), an advance health care directive may expressly eliminate the authori…
§
There is no right to a jury trial in proceedings under this division.
§
Except as otherwise provided in this division, the general provisions in Division 3 (commencing with…
§
(a) The superior court has jurisdiction in proceedings under this division. (b) The court in proceed…
§
The court may exercise jurisdiction in proceedings under this division on any basis permitted by Sec…
§
Without limiting Section 4761, a person who acts as an agent under a power of attorney for health ca…
§
The proper county for commencement of a proceeding under this division shall be determined in the fo…
§
Subject to Section 4753, a petition may be filed under this part by any of the following persons: (a…
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A petition may be filed under this part for any one or more of the following purposes: (a) Determini…
§
A proceeding under this part is commenced by filing a petition stating facts showing that the petiti…
§
The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for t…
§
(a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner sha…
§
The court in its discretion, on a showing of good cause, may issue a temporary order prescribing the…
§
In a proceeding under this part commenced by the filing of a petition by a person other than the age…
§
(a) As used in this part: (1) “Request regarding resuscitative measures” means a written document, s…
§
As used in this part, “health care provider” includes, but is not limited to, the following: (a) Per…
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(a) A health care provider shall treat an individual in accordance with a Physician Orders for Life …
§
If the orders in an individual’s request regarding resuscitative measures directly conflict with his…
§
The legally recognized health care decisionmaker shall make health care decisions pursuant to this p…
§
A health care provider who honors a request regarding resuscitative measures is not subject to crimi…
§
(a) Forms for requests regarding resuscitative measures printed after January 1, 1995, shall contain…
§
In the absence of knowledge to the contrary, a health care provider may presume that a request regar…
§
This part applies regardless of whether the individual executing a request regarding resuscitative m…
§
This part does not repeal or narrow laws relating to health care decisionmaking.
§
(a) The Secretary of State shall establish a registry system through which a person who has executed…
§
The Secretary of State shall establish procedures to verify the identities of health care providers,…
§
The Secretary of State shall establish procedures to advise each registrant of the following: (a) A …
§
Failure to register with the Secretary of State does not affect the validity of any advance health c…
§
Registration with the Secretary of State does not affect the ability of the registrant to revoke the…
§
Nothing in this part shall be construed to affect the duty of a health care provider to provide info…
§
(a) The Secretary of State shall work with the State Department of Health Services and the office of…
§
(a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, b…
§
Notwithstanding any other provision of this part, a holder of property under an instrument of a type…
§
(a) A holder of property under an instrument of a type described in Section 5000 may transfer the pr…
§
As used in this chapter, “written consent” to a provision for a nonprobate transfer of community pro…
§
Notwithstanding any other provision of this part, the rights of the parties in a nonprobate transfer…
§
A provision of this chapter concerning rights between a married person and the person’s spouse in co…
§
Nothing in this chapter limits the effect of a surviving spouse’s waiver of rights in community prop…
§
(a) Except as provided in subdivision (b), this chapter applies to a provision for a nonprobate tran…
§
Nothing in this chapter limits the application of principles of fraud, undue influence, duress, mist…
§
A provision for a nonprobate transfer of community property on death executed by a married person wi…
§
(a) In a proceeding to set aside a nonprobate transfer of community property on death made pursuant …
§
(a) Except as provided in subdivision (b), a spouse’s written consent to a provision for a nonprobat…
§
(a) As used in this section “modification” means revocation of a provision for a nonprobate transfer…
§
(a) A spouse’s written consent to a provision for a nonprobate transfer of community property on dea…
§
(a) If a married person executes a provision for a nonprobate transfer of community property on deat…
§
On revocation of a spouse’s written consent to a nonprobate transfer of community property on death,…
§
(a) Except as provided in subdivision (b), a nonprobate transfer to the transferor’s former spouse, …
§
(a) Except as provided in subdivision (b), a joint tenancy between the decedent and the decedent’s f…
§
(a) Nothing in this chapter affects the rights of a purchaser or encumbrancer of real property for v…
§
Nothing in this chapter is intended to limit the court’s authority to order a party to a dissolution…
§
(a) This chapter, formerly Part 4 (commencing with Section 5600), is operative on January 1, 2002. (…
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This part may be cited as the California Multiple-Party Accounts Law.
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Unless the provision or context otherwise requires, the definitions in this article govern the const…
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(a) “Account” means a contract of deposit of funds between a depositor and a financial institution, …
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“Agent” means a person who has a present right, subject to request, to payment from an account as an…
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“Beneficiary” means a person named in a Totten trust account as one for whom a party to the account …
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“Financial institution” includes: (a) A financial institution as defined in Section 40. (b) An indus…
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“Joint account” means an account payable on request to one or more of two or more parties whether or…
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A “multiple-party account” is any of the following types of account: (a) A joint account. (b) A P.O.…
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(a) “Net contribution” of a party to an account as of any given time is the sum of all of the follow…
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(a) “Party” means a person who, by the terms of the account, has a present right, subject to request…
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“Payment” of sums on deposit includes all of the following: (a) A withdrawal, including payment on c…
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“P.O.D.” means pay on death.
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“P.O.D. account” means any of the following: (a) An account payable on request to one person during …
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“P.O.D. payee” means a person designated on a P.O.D. account as one to whom the account is payable o…
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“Proof of death” includes any of the following: (a) An original or attested or certified copy of a d…
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Except to the extent the terms of the account or deposit agreement expressly provide otherwise, a fi…
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“Request” means a proper request for withdrawal, including a check or order for payment, that compli…
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“Sums on deposit” means both of the following: (a) The balance payable on an account, including inte…
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“Withdrawal” includes payment to a third person pursuant to a check or other directive of a party or…
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(a) The provisions of Chapter 3 (commencing with Section 5301) concerning beneficial ownership as be…
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Nothing in this part affects the law relating to transfers in fraud of creditors.
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(a) Words in substantially the following form in a signature card, passbook, contract, or instrument…
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(a) In addition to a power of attorney otherwise authorized by law, a special power of attorney is a…
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This part applies to accounts in existence on July 1, 1990, and accounts thereafter established.
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(a) An account belongs, during the lifetime of all parties, to the parties in proportion to the net …
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Subject to Section 5040: (a) Sums remaining on deposit at the death of a party to a joint account be…
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(a) The provisions of Section 5302 as to rights of survivorship are determined by the form of the ac…
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Any transfers resulting from the application of Section 5302 are effective by reason of the account …
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(a) Notwithstanding Sections 5301 to 5303, inclusive, if parties to an account are married to each o…
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For the purposes of this chapter, if an account is expressly described in the deposit agreement as a…
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For the purposes of this chapter, except to the extent the terms of the account or deposit agreement…
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(a) Financial institutions may enter into multiple-party accounts to the same extent that they may e…
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Any sums in a joint account may be paid, on request and according to its terms, to any party without…
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Any P.O.D. account may be paid, on request and according to its terms, to any original party to the …
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Any Totten trust account may be paid, on request and according to its terms, to any trustee. Unless …
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(a) Payment made pursuant to Section 5401, 5402, 5403, or 5404 discharges the financial institution …
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The provisions of this chapter that apply to the payment of a Totten trust account apply to an accou…
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If a financial institution is required or permitted to make payment pursuant to this chapter to a pe…
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(a) This part shall be known as and may be cited as the Uniform TOD Security Registration Act. (b) T…
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For purposes of this part: (a) “Beneficiary form” means a registration of a security that indicates …
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Only individuals whose registration of a security shows sole ownership by one individual or multiple…
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A security may be registered in beneficiary form if the form is authorized by this or a similar stat…
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A security, whether evidenced by certificate or account, is registered in beneficiary form when the …
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Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “…
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The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownershi…
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On death of a sole owner or the last to die of all multiple owners, ownership of securities register…
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(a) A registering entity is not required to offer or to accept requests for security registration in…
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(a) Any transfer on death resulting from a registration in beneficiary form is effective by reason o…
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(a) A registering entity offering to accept registrations in beneficiary form may establish the term…
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Nothing in this part alters the community character of community property or community rights in com…
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This part applies to registrations of securities in beneficiary form made before, on, or after Janua…
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(a) This part applies to a revocable transfer on death deed made by a transferor who dies on or afte…
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This part does not preclude use of any other method of conveying real property that is permitted by …
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(a) Except as provided in subdivision (b), nothing in this part affects the application to a revocab…
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(a) The California Law Revision Commission shall study the effect of California’s revocable transfer…
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Unless the provision or context otherwise requires, the definitions in this article govern the const…
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“Beneficiary” means a person named in a revocable transfer on death deed as transferee of the proper…
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(a) Except as provided in subdivision (b), “real property” means either of the following: (1) A parc…
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“Recorded” has the meaning provided in Section 1170 of the Civil Code.
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(a) “Revocable transfer on death deed” means an instrument created pursuant to this part that does a…
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“Stock cooperative” has the same meaning as in Section 4190 of the Civil Code.
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“Subscribing witness” means a person who signs a revocable transfer on death deed as a witness, as p…
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“Transferor” means an owner of real property who makes a revocable transfer on death deed of the pro…
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“Unsecured debts” includes, but is not limited to, a transferor’s funeral expenses, expenses of a tr…
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An owner of real property who has the capacity to contract may make a revocable transfer on death de…
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The transferor shall identify the beneficiary by name in a revocable transfer on death deed.
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A revocable transfer on death deed is not effective unless all of the following conditions are satis…
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(a) Any person generally competent to be a witness may act as a witness to a revocable transfer on d…
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(a) A revocable transfer on death deed is not effective unless the deed is recorded on or before 60 …
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(a) If a revocable transfer on death deed is recorded for the same property for which another revoca…
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A transferor who has the capacity to contract may revoke a revocable transfer on death deed at any t…
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(a) An instrument revoking a revocable transfer on death deed shall be executed and recorded in the …
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A revocable transfer on death deed shall be substantially in the following form. (a) The first page …
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A transferor may revoke a revocable transfer on death deed by an instrument in substantially the fol…
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During the transferor’s life, execution and recordation of a revocable transfer on death deed: (a) D…
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(a) A revocable transfer on death deed transfers all of the transferor’s interest in the property on…
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(a) For the purpose of determination of eligibility for health care under Chapter 7 (commencing with…
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For the purpose of application of the property taxation and documentary transfer tax provisions of t…
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A court in which the transferor’s estate is being administered may, on the petition of the personal …
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An error or ambiguity in describing property or designating a beneficiary does not invalidate a revo…
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(a) If a revocable transfer on death deed recorded on or before 60 days after the date it was acknow…
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If, at the time of the transferor’s death, title to the property described in the revocable transfer…
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(a) Chapter 2 (commencing with Section 5010) of Part 1 applies to a revocable transfer on death deed…
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A revocable transfer on death deed of community property with right of survivorship is subject to Se…
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Notwithstanding any other statute governing priorities among creditors, a creditor of the transferor…
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Each beneficiary is personally liable to the extent provided in Section 5674 for the unsecured debts…
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(a) A beneficiary is not liable under Section 5672 if proceedings for the administration of the tran…
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(a) If proceedings for the administration of the transferor’s estate are commenced, a beneficiary of…
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(a) If proceedings for the administration of the transferor’s estate are commenced, a beneficiary wh…
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(a) The beneficiary may establish the fact of the transferor’s death under the procedure provided in…
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(a) After the death of the transferor, the beneficiary of a revocable transfer on death deed shall s…
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If all of the following conditions are satisfied, a person dealing with a beneficiary of a revocable…
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(a) (1) An action for the disqualification of a beneficiary under Part 3.7 (commencing with Section …
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(a) A contest proceeding pursuant to Section 5690 shall not be commenced before the transferor’s dea…
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If the court in a contest proceeding determines that a transfer of property by a revocable transfer …
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(a) Nothing in this chapter limits the application of principles of fraud, undue influence, duress, …
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Nothing in this chapter limits the application of other law that imposes a penalty or provides a rem…
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As used in this part, “gift” means a transfer of personal property made voluntarily and without cons…
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Except as provided in this part, a gift in view of impending death is subject to the general law rel…
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(a) A gift in view of impending death is one which is made in contemplation, fear, or peril of impen…
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A gift made during the last illness of the giver, or under circumstances which would naturally impre…
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(a) A gift in view of impending death is revoked by: (1) The giver’s recovery from the illness, or e…
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A gift in view of impending death is subject to Section 9653.
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(a) An individual 18 or more years of age who is of sound mind may make a will. (b) A conservator ma…
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(a) An individual is not mentally competent to make a will if, at the time of making the will, eithe…
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A will may dispose of the following property: (a) The testator’s separate property. (b) The one-half…
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A will may make a disposition of property to any person, including but not limited to any of the fol…
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Except as otherwise specifically provided, Chapter 1 (commencing with Section 6100), Chapter 2 (comm…
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The execution or revocation of a will or a part of a will is ineffective to the extent the execution…
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A will, the validity of which is made conditional by its own terms, shall be admitted to probate or …
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(a) Except as provided in this part, a will shall be in writing and satisfy the requirements of this…
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(a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not wit…
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Extrinsic evidence is admissible to determine whether a document constitutes a will pursuant to Sect…
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(a) Any person generally competent to be a witness may act as a witness to a will. (b) A will or any…
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A written will is validly executed if its execution complies with any of the following: (a) The will…
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A will or any part thereof is revoked by any of the following: (a) A subsequent will which revokes t…
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A will executed in duplicate or any part thereof is revoked if one of the duplicates is burned, torn…
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(a) Unless the will expressly provides otherwise, if after executing a will the testator’s marriage …
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(a) Unless the will expressly provides otherwise, if after executing a will the testator’s domestic …
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(a) If a second will which, had it remained effective at death, would have revoked the first will in…
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If the testator’s will was last in the testator’s possession, the testator was competent until death…
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A writing in existence when a will is executed may be incorporated by reference if the language of t…
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A will may dispose of property by reference to acts and events that have significance apart from the…
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(a) Notwithstanding any other provision, a will may refer to a writing that directs disposition of t…
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Unless the provision or context clearly requires otherwise, these definitions and rules of construct…
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“Testator” means a person choosing to adopt a California statutory will.
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“Executor” means both the person so designated in a California statutory will and any other person a…
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“Trustee” means both the person so designated in a California statutory will and any other person ac…
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“Descendants” mean children, grandchildren, and their lineal descendants of all generations, with th…
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A reference in a California statutory will to the “Uniform Gifts to Minors Act of any state” or the …
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Masculine pronouns include the feminine, and plural and singular words include each other, where app…
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(a) If a California statutory will states that a person shall perform an act, the person is required…
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Whenever a distribution under a California statutory will is to be made to a person’s descendants, t…
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“Person” includes individuals and institutions.
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Reference to a person “if living” or who “survives me” means a person who survives the decedent by 1…
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Any individual of sound mind and over the age of 18 may execute a California statutory will under th…
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A California statutory will shall be executed only as follows: (a) The testator shall complete the a…
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The execution of the attestation clause provided in the California statutory will by two or more wit…
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(a) There is only one California statutory will. (b) The California statutory will includes all of t…
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If more than one property disposition clause appearing in paragraphs 2 or 3 of a California statutor…
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Only the texts of property disposition clauses and the mandatory clauses shall be considered in dete…
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(a) A California statutory will may be revoked and may be amended by codicil in the same manner as o…
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(a) If after executing a California statutory will the testator’s marriage is dissolved or annulled,…
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The following is the California Statutory Will form: QUESTIONS AND ANSWERS ABOUT THIS CALIFORNIA STA…
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The mandatory clauses of the California statutory will form are as follows: (a) Intestate Dispositio…
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(a) Except as specifically provided in this chapter, a California statutory will shall include only …
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Except as specifically provided in this chapter, the general law of California applies to a Californ…
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(a) A devise, the validity of which is determinable by the law of this state, may be made by a will …
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This chapter does not invalidate any devise made by a will executed prior to September 17, 1965.
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This chapter may be cited as the Uniform Testamentary Additions to Trusts Act.
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As used in this chapter, unless the context otherwise requires: (a) “Designation” means a designatio…
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An instrument may designate as a primary or contingent beneficiary, payee, or owner a trustee named …
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The designation is ineffective unless the designator’s will contains provisions creating the trust o…
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Subject to the provisions of Section 6325, the benefits or rights resulting from the designation are…
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Except as otherwise provided in the designator’s will, the rights and benefits and their proceeds pa…
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(a) The court in which the proceedings are pending for administration of the estate of the decedent …
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As to matters not specifically provided in Section 6325, the provisions of Division 9 (commencing wi…
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An appeal may be taken from any of the following: (a) Any order described in Part 3 (commencing with…
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If no qualified trustee makes claim to the benefits or rights or proceeds within one year after the …
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Enactment of this chapter does not invalidate trusts, otherwise valid, not made pursuant to the prov…
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This chapter, insofar as it is substantially the same as former Chapter 10 (commencing with Section …
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If a testator’s will provides that devised property shall be paid or delivered or transferred to a c…
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The will may provide for successor or substitute custodians and may specify the standard of compensa…
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(a) Except as otherwise provided in the will or ordered by a court, each custodian designated in the…
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Until distribution of the property pursuant to an order for distribution is completed, the court in …
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(a) This chapter shall not be construed as providing an exclusive method for making devises to or fo…
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In this chapter: (a) “International will” means a will executed in conformity with Sections 6381 to …
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(a) A will is valid as regards form, irrespective particularly of the place where it is made, of the…
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(a) The will shall be made in writing. It need not be written by the testator himself or herself. It…
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(a) The signatures shall be placed at the end of the will. If the will consists of several sheets, e…
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The authorized person shall attach to the will a certificate to be signed by the authorized person e…
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In the absence of evidence to the contrary, the certificate of the authorized person is conclusive o…
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The international will is subject to the ordinary rules of revocation of wills.
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Sections 6380 to 6386, inclusive, derive from Annex to Convention of October 26, 1973, Providing a U…
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Individuals who have been admitted to practice law before the courts of this state and who are in go…
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The Secretary of State shall establish a registry system by which authorized persons may register in…
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After December 31, 1984, a reference in a written instrument, including a will, to the former law (r…
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Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s he…
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(a) As to community property, the intestate share of the surviving spouse is the one-half of the com…
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Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving …
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(a) For purposes of distributing real property under this section if the decedent had a predeceased …
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(a) A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decede…
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Part 4 (commencing with Section 6800) (escheat) applies if there is no taker of the intestate estate…
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Except as provided in Section 6451, relatives of the halfblood inherit the same share they would inh…
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Relatives of the decedent conceived before the decedent’s death but born thereafter inherit as if th…
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(a) If a person dies intestate as to all or part of his or her estate, property the decedent gave du…
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(a) A debt owed to the decedent is not charged against the intestate share of any person except the …
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No person is disqualified to take as an heir because that person or a person through whom the person…
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Except to the extent provided in Section 120, the estates of dower and curtesy are not recognized.
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A person who is related to the decedent through two lines of relationship is entitled to only a sing…
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(a) Except as provided in subdivision (b), this part does not apply where the decedent died before J…
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Subject to the provisions of this chapter, a relationship of parent and child exists for the purpose…
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(a) An adoption severs the relationship of parent and child between an adopted person and a natural …
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(a) A parent does not inherit from or through a child on the basis of the parent and child relations…
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For the purpose of determining whether a person is a “natural parent” as that term is used in this c…
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For the purpose of determining intestate succession by a person or the person’s issue from or throug…
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Nothing in this chapter affects or limits application of the judicial doctrine of equitable adoption…
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Until the inventory is filed and for a period of 60 days thereafter, or for such other period as may…
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A petition for an order under Section 6500 may be filed by any interested person. Notice of the hear…
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Upon the filing of the inventory or at any subsequent time during the administration of the estate, …
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A petition for an order under Section 6510 may be filed by any interested person. Notice of the hear…
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Upon the filing of the inventory or at any subsequent time during the administration of the estate, …
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The probate homestead shall be set apart for the use of one or more of the following persons: (a) Th…
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(a) The probate homestead shall be selected out of the following property, giving first preference t…
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(a) In selecting and setting apart the probate homestead, the court shall consider the needs of the …
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The property set apart as a probate homestead shall be set apart only for a limited period, to be de…
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(a) A petition to select and set apart a probate homestead may be filed by any interested person. (b…
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(a) Property of the decedent set apart as a probate homestead is liable for claims against the estat…
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(a) The court may by order modify the term or conditions of the probate homestead right or terminate…
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Nothing in this chapter terminates or otherwise affects a declaration of homestead by, or for the be…
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(a) The following are entitled to such reasonable family allowance out of the estate as is necessary…
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(a) The court may grant or modify a family allowance on petition of any interested person. (b) With …
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A family allowance commences on the date of the court’s order or such other time as may be provided …
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(a) A family allowance shall terminate no later than the entry of the order for final distribution o…
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The costs of proceedings under this chapter shall be paid by the estate as expenses of administratio…
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Notwithstanding Chapter 2 (commencing with Section 916) of Title 13 of Part 2 of the Code of Civil P…
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(a) Subject to subdivision (b), for the purposes of this chapter, “decedent’s estate” means all the …
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As used in this chapter, “minor child” means a child of the decedent who was under the age of 18 at …
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A petition may be filed under this chapter requesting an order setting aside the decedent’s estate t…
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The petition shall be filed in the superior court of a county in which the estate of the decedent ma…
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(a) The petition shall allege that this chapter applies and request that an order be made setting as…
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(a) If proceedings for the administration of the estate of the decedent are pending, a petition unde…
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(a) A petition may be filed under this chapter by any of the following: (1) The person named in the …
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(a) Where proceedings for the administration of the estate of the decedent are not pending when the …
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If a petition is filed under this chapter, the personal representative, or the petitioner if no pers…
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(a) If the court determines that the net value of the decedent’s estate, over and above all liens an…
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Upon becoming final, an order under Section 6609 shall be conclusive on all persons, whether or not …
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(a) Subject to the limitations and conditions specified in this section, the person or persons in wh…
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If a petition filed under this chapter is filed with a petition for the probate of the decedent’s wi…
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The attorney’s fees for services performed in connection with the filing of a petition and the obtai…
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Sections 6600 to 6613, inclusive, do not apply if the decedent died before July 1, 1987. If the dece…
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A reference in any statute of this state or in a written instrument, including a will or trust, to a…
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(a) If a decedent, whether or not the decedent was domiciled in this state, leaves no one to take th…
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Real property in this state escheats to this state in accordance with Section 6800.
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All tangible personal property owned by the decedent, wherever located at the decedent’s death, that…
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(a) Subject to subdivision (b), all tangible personal property owned by the decedent that is subject…
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All intangible property owned by the decedent escheats to this state in accordance with Section 6800…
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(a) Subject to subdivision (b), all intangible property owned by the decedent that is subject to the…
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Notwithstanding any other provision of law, a benefit consisting of money or other property distribu…
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Subject to Section 7001, title to a decedent’s property passes on the decedent’s death to the person…
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The decedent’s property is subject to administration under this code, except as otherwise provided b…
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The superior court has jurisdiction of proceedings under this code concerning the administration of …
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If the decedent was domiciled in this state at the time of death, the proper county for proceedings …
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If the decedent was not domiciled in this state at the time of death, the proper county for proceedi…
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(a) In addition to any other ground provided by law for disqualification of a judge, a judge is disq…
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The court or judge shall order a proceeding under this code concerning the administration of the dec…
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Transfer of a proceeding under this article shall be to another county in which property of the dece…
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Upon petition of the personal representative or other interested person before entry of the order fo…
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In proceedings under this code concerning the administration of the decedent’s estate, a motion for …
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(a) When a judgment or order made pursuant to the provisions of this code concerning the administrat…
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As used in this article, “transaction” means a transaction affecting title to property in the estate…
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If a transaction affecting real property in the estate is executed by the personal representative in…
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A transaction executed by the personal representative in accordance with an order authorizing or dir…
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If an order is made setting apart a probate homestead, confirming a sale or making a distribution of…
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Where compensation, pension, insurance, or other allowance is made or awarded by a department or bur…
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If a public officer or employee knows of property of a decedent that is subject to loss, injury, was…
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If a person dies in a hospital, convalescent hospital, or board and care facility without known next…
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A funeral director in control of the decedent’s remains pursuant to subdivision (c) of Section 7100 …
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(a) If no personal representative has been appointed, the public administrator of a county shall tak…
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(a) A public administrator who is authorized to take possession or control of property of a decedent…
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(a) A public administrator who is authorized to take possession or control of property of a decedent…
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If the public administrator takes possession or control of property of a decedent under this article…
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On or before January 1, 2010, the public administrator shall comply with the continuing education re…
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The public administrator of the county in which the estate of a decedent may be administered shall p…
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(a) Except as otherwise provided in this section, appointment of the public administrator as persona…
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Except as otherwise provided in this chapter: (a) The public administrator shall administer the esta…
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(a) As used in this section, “additional compensation” means the difference between the reasonable c…
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(a) If after final distribution of an estate any money remains in the possession of the public admin…
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(a) The public administrator shall, upon receipt, deposit all money of the estate in an insured acco…
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Money deposited in a financial institution or with the county treasurer under this article may be wi…
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(a) The public administrator shall credit each estate with the highest rate of interest or dividends…
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(a) The county treasurer shall receive and safely keep all money deposited with the county treasurer…
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(a) If a deposit in a financial institution is made under this article, money remaining unclaimed at…
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(a) If a public administrator takes possession or control of an estate pursuant to this chapter, the…
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A public administrator acting under authority of this article may: (a) Withdraw money or take posses…
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The public administrator acting under authority of this article shall pay out the money of the estat…
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(a) After payment of debts pursuant to Section 7662, but in no case before four months after court a…
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A person to whom property is distributed under this article is personally liable for the unsecured d…
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(a) The public administrator shall file with the clerk a statement showing the property of the deced…
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(a) Except as provided in Section 7623 and in subdivision (b), the compensation payable to the publi…
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(a) At any time after a decedent’s death, any interested person may commence proceedings for adminis…
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Unless good cause for delay is shown, if a person named in a will as executor fails to petition the …
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(a) The petition shall contain all of the following information: (1) The date and place of the deced…
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(a) The hearing on the petition shall be set for a day not less than 15 nor more than 30 days after …
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(a) If appointment of the personal representative is contested, the grounds of opposition may includ…
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(a) At the hearing on the petition, the court may examine and compel any person to attend as a witne…
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(a) If the court finds that the matters referred to in paragraph (1) of subdivision (b) of Section 8…
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(a) Except as provided in subdivision (b), an order admitting a will to probate or appointing a pers…
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The notice of hearing of a petition for administration of a decedent’s estate, whether delivered und…
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At least 15 days before the hearing of a petition for administration of a decedent’s estate, the pet…
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If the decedent’s will involves or may involve a testamentary trust of property for charitable purpo…
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A general personal representative shall give notice of administration of the estate of the decedent …
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If a citizen of a foreign country dies without leaving a will or leaves a will without naming an exe…
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In addition to service of the notice of hearing as provided in Article 2 (commencing with Section 81…
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(a) The first publication date of the notice shall be at least 15 days before the hearing. Three pub…
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The Legislature finds and declares that, to be most effective, notice of hearing should be published…
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The caption of a notice under this article shall be in 8-point type or larger and the text shall be …
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A petition for administration of a decedent’s estate shall not be heard by the court unless an affid…
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Notwithstanding Section 8100, after the notice of hearing is published and an affidavit filed, any s…
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(a) Unless a petition for probate of the will is earlier filed, the custodian of a will shall, withi…
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If, on petition to the superior court of the county in which the estate of the decedent is being or …
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If the will of a person who was domiciled in this state at the time of death is detained in a court …
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If a will has been delivered to the clerk of the superior court in a county in which no proceeding i…
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Unless there is a contest of a will: (a) The will may be proved on the evidence of one of the subscr…
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If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidenc…
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A holographic will may be proved in the same manner as other writings.
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The petition for probate of a lost or destroyed will shall include a written statement of the testam…
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The testimony of each witness in a proceeding concerning the execution or provisions of a will, the …
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When the court admits a will to probate, that fact shall be recorded in the minutes by the clerk and…
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(a) If no person contests the validity of a will or petitions for revocation of probate of the will …
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(a) When a will is contested under Section 8004, the contestant shall file with the court an objecti…
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(a) The petitioner and any other interested person may jointly or separately answer the objection or…
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(a) At the trial, the proponents of the will have the burden of proof of due execution. The contesta…
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At the trial, each subscribing witness shall be produced and examined. If no subscribing witness is …
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The court may make appropriate orders, including orders sustaining or denying objections, and shall …
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(a) Within 120 days after a will is admitted to probate, any interested person, other than a party t…
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(a) On the filing of the petition, a summons shall be directed to the personal representative and to…
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(a) If it appears on satisfactory proof that the will should be denied probate, the court shall revo…
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(a) A person has no power to administer the estate until the person is appointed personal representa…
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(a) Notwithstanding Section 8400, a petitioner for appointment as personal representative may delive…
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(a) Notwithstanding any other provision of this chapter, a person is not competent to act as persona…
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(a) Before letters are issued, the personal representative shall take and subscribe an oath to perfo…
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(a) Before letters are issued, the personal representative (other than a trust company or a public a…
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Letters shall be signed by the clerk under the seal of the court and shall include: (a) The county f…
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The person named as executor in the decedent’s will has the right to appointment as personal represe…
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If a person is not named as executor in a will but it appears by the terms of the will that the test…
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(a) The testator may by will confer on a person the power to designate an executor or coexecutor, or…
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If the executor named in the will is a trust company that has sold its business and assets to, has c…
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(a) If a person named as executor is under the age of majority and there is another person named as …
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If the court does not appoint all the persons named in the will as executors, those appointed have t…
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An administrator with the will annexed shall be appointed as personal representative if no executor …
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(a) Except as provided in subdivision (b), persons and their nominees are entitled to appointment as…
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(a) Subject to subdivision (b), an administrator with the will annexed has the same authority over t…
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(a) If the decedent dies intestate, the court shall appoint an administrator as personal representat…
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Subject to the provisions of this article, a person in the following relation to the decedent is ent…
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The surviving spouse or domestic partner of the decedent, a relative of the decedent, or a relative …
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If the surviving spouse is a party to an action for separate maintenance, annulment, or dissolution …
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If a person otherwise entitled to appointment as administrator is a person under the age of majority…
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(a) The court may appoint as administrator a person nominated by any of the following persons: (1) A…
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If a person whose only priority is that of a creditor claims appointment as administrator, the court…
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If several persons have equal priority for appointment as administrator, the court may appoint one o…
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If persons having priority fail to claim appointment as administrator, the court may appoint any per…
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(a) For good cause, the court may allow the priority given by Section 8461 to a conservator or guard…
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(a) Except as otherwise provided by statute, every person appointed as personal representative shall…
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(a) A bond is not required in either of the following cases: (1) The will waives the requirement of …
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(a) The court in its discretion may fix the amount of the bond, but the amount of the bond shall be …
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(a) This section applies where property in the estate has been deposited pursuant to Chapter 3 (comm…
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If a personal representative petitions to have the amount of the bond reduced, the petition shall in…
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A personal representative who petitions for substitution or release of a surety shall file with the …
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The personal representative shall be allowed the reasonable cost of the bond for every year it remai…
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The provisions of the Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title…
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(a) In case of a breach of a condition of the bond, an action may be brought against the sureties on…
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(a) Any interested person may petition for removal of the personal representative from office. A pet…
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On removal of a personal representative from office, the court shall revoke any letters issued to th…
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A personal representative may be removed from office for any of the following causes: (a) The person…
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(a) Subject to subdivision (b), an administrator may be removed from office on the petition of the s…
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(a) After appointment of an administrator on the ground of intestacy, the personal representative sh…
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(a) A personal representative may be removed from office if the personal representative is found in …
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A vacancy occurs in the office of a personal representative who resigns, dies, or is removed from of…
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(a) Unless the will provides otherwise or the court in its discretion orders otherwise, if a vacancy…
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(a) If a vacancy occurs in the office of a personal representative and there are no other personal r…
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The court may make orders that are necessary to deal with the estate of the decedent between the tim…
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(a) A successor personal representative is entitled to demand, sue for, recover and collect all the …
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(a) The acts of the personal representative before a vacancy occurs are valid to the same extent as …
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(a) If the circumstances of the estate require the immediate appointment of a personal representativ…
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(a) Appointment of a special administrator may be made at any time without notice or on such notice …
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(a) The clerk shall issue letters to the special administrator after both of the following condition…
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Subject to subdivision (b) of Section 8481, the court shall direct that no bond be given in either o…
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(a) Except to the extent the order appointing a special administrator prescribes terms, the special …
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(a) Notwithstanding Section 8544, the court may grant a special administrator the same powers, dutie…
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(a) The powers of a special administrator cease on issuance of letters to a general personal represe…
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(a) Subject to the limitations of this section, the court shall fix the compensation of the special …
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As used in this article, “nonresident personal representative” means a nonresident of this state app…
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Notwithstanding any other provision of this chapter and notwithstanding a waiver of a bond, the cour…
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(a) Acceptance of appointment by a nonresident personal representative is equivalent to and constitu…
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A nonresident personal representative shall sign and file with the court a statement of the permanen…
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(a) Service of process or notice of a motion under Section 377.41 of the Code of Civil Procedure in …
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Proof of compliance with Section 8574 shall be made in the following manner: (a) In the event of ser…
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(a) Except as provided in this section, service made under Section 8574 has the same legal force and…
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(a) Failure of a nonresident personal representative to comply with Section 8573 is cause for remova…
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(a) The personal representative shall file with the court clerk an inventory of property to be admin…
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If the personal representative acquires knowledge of property to be administered in the decedent’s e…
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The inventory and appraisal shall separately list each item and shall state the fair market value of…
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On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal …
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If the personal representative refuses or negligently fails to file an inventory and appraisal withi…
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(a) The inventory, including partial and supplemental inventories, shall include all property to be …
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The discharge or devise in a will of any debt or demand of the testator against the executor or any …
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(a) The personal representative shall take and subscribe an oath that the inventory contains a true …
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(a) On petition by the personal representative or an interested person, the court may order that a c…
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Interrogatories may be put to a person cited to answer interrogatories pursuant to Section 8870. The…
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(a) At an examination witnesses may be produced and examined on either side. (b) If upon the examina…
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(a) On petition by the personal representative, the court may issue a citation to a person who has p…
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The appraisal of property in the inventory shall be made by the personal representative, probate ref…
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The personal representative shall appraise the following property, excluding items whose fair market…
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Except as otherwise provided by statute: (a) The personal representative shall deliver the inventory…
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(a) The court may, for good cause, waive appraisal by a probate referee in the manner provided in th…
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(a) A unique, artistic, unusual, or special item of tangible personal property that would otherwise …
§
A person who appraises property, whether a personal representative, probate referee, or independent …
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(a) At any time before the hearing on the petition for final distribution of the estate, the persona…
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Neither the personal representative nor the attorney for the personal representative is entitled to …
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A probate referee who appraises property in the estate shall, upon demand by the personal representa…
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A probate referee who appraises property in an estate shall retain possession of all appraisal repor…
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The probate referee, when designated by the court, shall be among the persons appointed by the Contr…
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The court may designate a person requested by the personal representative as probate referee, on a s…
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The court has authority and discretion not to designate a particular person as probate referee even …
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The court may not designate as probate referee any of the following persons: (a) The court clerk. (b…
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(a) The court shall remove the designated probate referee in any of the following circumstances: (1)…
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(a) The probate referee shall promptly and with reasonable diligence appraise the property scheduled…
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(a) The court shall, on petition of the personal representative or probate referee, or may, on the c…
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(a) The commission and expenses provided by this article as compensation for the services of the pro…
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As compensation for services the probate referee shall receive all of the following: (a) A commissio…
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(a) Notwithstanding Section 8961 and subject to subdivision (b), the commission of the probate refer…
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If more than one probate referee appraises or participates in the appraisal of property in the estat…
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If an inventory is delivered to a probate referee for appraisal before July 1, 1989, all matters rel…
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As used in this division: (a) “Claim” means a demand for payment for any of the following, whether d…
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(a) The publication of notice under Section 8120 and the giving of notice of administration of the e…
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Except as otherwise provided by statute: (a) All claims shall be filed in the manner and within the …
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A claim that is established under this part shall be included among the debts to be paid in the cour…
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(a) This part does not apply in any proceeding for administration of a decedent’s estate commenced b…
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(a) Subject to Section 9054, the personal representative shall give notice of administration of the …
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The notice shall be given within the later of: (a) Four months after the date letters are first issu…
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The notice shall be in substantially the following form: NOTICE OF ADMINISTRATION OF ESTATE OF _____…
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(a) If the personal representative believes that notice to a particular creditor is or may be requir…
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Notwithstanding Section 9050, the personal representative need not give notice to a creditor even th…
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(a) A creditor shall file a claim before expiration of the later of the following times: (1) Four mo…
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A vacancy in the office of the personal representative that occurs before expiration of the time for…
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A claim that is filed before expiration of the time for filing the claim is timely even if acted on …
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(a) Upon petition by a creditor or the personal representative, the court may allow a claim to be fi…
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(a) Subject to subdivision (b), if a claim is filed within the time provided in this chapter, the cr…
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(a) A claim may be filed by the creditor or a person acting on behalf of the creditor. (b) A claim s…
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(a) A claim shall be supported by the affidavit of the creditor or the person acting on behalf of th…
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(a) If a claim is based on a written instrument, either the original or a copy of the original with …
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A claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed …
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(a) Notwithstanding any other provision of this part, if a creditor makes a written demand for payme…
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(a) Except as provided in this chapter, a claim by a public entity shall be filed within the time ot…
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(a) Notwithstanding any other statute, if a claim of a public entity arises under a law, act, or cod…
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(a) Not later than 90 days after the date letters are first issued to a general personal representat…
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(a) Failure of a person to give the written notice or request required by this chapter does not affe…
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Nothing in this chapter shall be construed to affect the order of priority of claims provided for un…
§
This chapter does not apply to liability for the restitution of amounts illegally acquired through t…
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(a) When a claim is filed, the personal representative shall allow or reject the claim in whole or i…
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If the personal representative is not authorized to act under the Independent Administration of Esta…
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(a) If the personal representative or the attorney for the personal representative is a creditor of …
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A claim barred by the statute of limitations may not be allowed by the personal representative or ap…
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(a) The validity of an allowed or approved claim may be contested by any interested person at any ti…
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(a) The personal representative may allow a claim, or the court or judge may approve a claim, in par…
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If within 30 days after a claim is filed the personal representative or the court or judge has refus…
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(a) Except as provided in Section 9303, after the death of the decedent all money judgments against …
§
When a money judgment against a personal representative in a representative capacity becomes final, …
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(a) Notwithstanding the death of the decedent, a judgment for possession of property or a judgment f…
§
If property of the decedent is subject to an execution lien at the time of the decedent’s death, enf…
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(a) An attachment lien may be converted into a judgment lien on property in the estate subject to th…
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This article applies to any claim other than a claim on an action or proceeding pending against the …
§
An action may not be commenced against a decedent’s personal representative on a cause of action aga…
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(a) The filing of a claim or a petition under Section 9103 to file a claim tolls the statute of limi…
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(a) Regardless of whether the statute of limitations otherwise applicable to a claim will expire bef…
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(a) In addition to any other county in which an action may be commenced, an action on the claim may …
§
(a) An action or proceeding pending against the decedent at the time of death may not be continued a…
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(a) An action to establish the decedent’s liability for which the decedent was protected by insuranc…
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Except as provided in Section 10361, the holder of a mortgage or other lien on property in the deced…
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(a) Subject to subdivision (b), a person to whom property is distributed is personally liable for th…
§
(a) Subject to subdivision (b), a person to whom property is distributed is personally liable for th…
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(a) This chapter does not apply to an action commenced before July 1, 1989. (b) The applicable law i…
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(a) The personal representative has the management and control of the estate and, in managing and co…
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(a) If a personal representative breaches a fiduciary duty, the personal representative is chargeabl…
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(a) If the personal representative is liable for interest pursuant to Section 9601, the personal rep…
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The provisions of Sections 9601 and 9602 for liability of a personal representative for breach of a …
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No personal representative is chargeable upon a special promise to answer in damages for a liability…
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Appointment of a person as personal representative does not discharge any claim the decedent has aga…
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Unless otherwise provided in the instrument or in this division, a personal representative is not pe…
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Unless this part specifically provides a proceeding to obtain court authorization or requires court …
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(a) In all cases where no other procedure is provided by statute, upon petition of the personal repr…
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(a) On petition of any interested person, and upon a showing that if the petition is not granted the…
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(a) On petition of an interested person, the court may suspend the powers of the personal representa…
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If there is a dispute relating to the estate between the personal representative and a third person,…
§
If there is a dispute relating to the estate between the personal representative and a third person,…
§
(a) Subject to subdivisions (b), (c), and (d): (1) Where there are two personal representatives, bot…
§
(a) Except as provided in subdivision (b), where there is more than one personal representative, one…
§
Nothing in this part limits or restricts any authority granted to a personal representative under th…
§
(a) Subject to subdivisions (b) and (c), any petition or other matter filed or commenced before July…
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(a) Except as provided by statute and subject to subdivision (c): (1) The personal representative ha…
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(a) A personal representative who in good faith takes into possession real or personal property, and…
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(a) Except as provided in subdivisions (b) and (c), the personal representative shall keep all cash …
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(a) On application of a creditor of the decedent or the estate, the personal representative shall co…
§
The heirs or devisees may themselves, or jointly with the personal representative, maintain an actio…
§
With respect to a share of stock of a domestic or foreign corporation held in the estate, a membersh…
§
The personal representative may insure the property of the estate against damage or loss and may ins…
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The personal representative shall not make profit by the increase, nor suffer loss by the decrease o…
§
The personal representative may deposit money of the estate in an insured account in a financial ins…
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The personal representative may deposit personal property of the estate with a trust company for saf…
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(a) A trust company serving as personal representative may deposit securities that constitute all or…
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(a) Upon application of the personal representative, the court may, with or without notice, order th…
§
When an order for distribution of money or personal property deposited pursuant to this chapter is m…
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(a) Subject to subdivision (b), where a trust company is a personal representative and in the exerci…
§
Pending distribution of the estate, the personal representative may invest money of the estate in po…
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(a) Pending distribution of the estate, upon a showing that it is to the advantage of the estate, th…
§
(a) The court may order that money of the estate in possession of the personal representative be inv…
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(a) Pending distribution of the estate or at the time the court makes an order for final distributio…
§
(a) If an asset of the estate consists of an option right, the personal representative may exercise …
§
(a) After authorization by order of court, the personal representative may purchase securities or co…
§
The personal representative may hold a security in the name of a nominee or in any other form withou…
§
(a) If an estate by reason of owning securities also owns or receives subscription rights for the pu…
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(a) As used in this section, “decedent’s business” means an unincorporated business or venture in wh…
§
If a partnership existed between the decedent and another person at the time of the decedent’s death…
§
(a) After authorization by order of court upon a showing that it would be to the advantage of the es…
§
(a) If the decedent was a general partner, the personal representative may commence and maintain any…
§
(a) The personal representative of the estate of a deceased attorney who was engaged in a practice o…
§
(a) Commencing January 1, 2024, when a professional fiduciary is deceased and a vacancy exists, the …
§
Unless the property is specifically devised, subject to the requirements of this chapter, the person…
§
Unless otherwise provided in the will, subject to the requirements of this chapter, the personal rep…
§
(a) Except as provided in Section 9785, before disposing of or abandoning property under Section 978…
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A person described in Section 9782 may personally deliver or mail a written objection to the disposi…
§
(a) A person described in Section 9782 who objects to the disposition or abandonment of property by …
§
Notice of the proposed disposition or abandonment need not be given to any of the following: (a) A p…
§
A person who objects to the disposition or abandonment as provided in Section 9783, or who serves a …
§
(a) Except as provided in subdivision (b), a person described in Section 9782 who receives notice of…
§
(a) Notwithstanding Sections 9783 and 9784, the personal representative may abandon or dispose of th…
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(a) Subject to subdivision (c), after authorization by order of court obtained under this chapter up…
§
If property of the estate consists of an undivided interest in real or personal property, or any oth…
§
(a) The personal representative or any interested person may file a petition for an order under this…
§
Notice of the hearing on the petition shall be given as provided in Section 1220.
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(a) Subject to subdivision (c), if the court is satisfied that it will be to the advantage of the es…
§
(a) The personal representative shall execute and deliver the mortgage or deed of trust, or execute …
§
(a) Every mortgage, deed of trust, or security interest made pursuant to a court order obtained unde…
§
(a) Except as provided in subdivision (b), no judgment or claim for any deficiency shall be had or a…
§
The personal representative may: (a) Commence and maintain actions and proceedings for the benefit o…
§
The personal representative may bring an action on the bond of any former personal representative of…
§
(a) If the decedent leaves an undivided interest in any property, an action for partition of the pro…
§
(a) Unless this chapter or some other applicable statute requires court authorization or approval, i…
§
Unless the time for filing creditor claims has expired, authorization by order of court is required …
§
(a) Except as provided in subdivision (b), authorization by order of court is required for a comprom…
§
Authorization by order of court is required for a compromise or settlement of a matter when the tran…
§
Authorization by order of court is required for any of the following: (a) A compromise or settlement…
§
Authorization by order of court is required for the compromise or settlement of a claim or right of …
§
The court authorization required by this chapter shall be obtained from the court in which the estat…
§
(a) A petition for an order authorizing a compromise, settlement, extension, renewal, or modificatio…
§
(a) If an order made under Section 9837 authorizes a compromise or settlement that requires the tran…
§
If the personal representative pays a claim for less than its full amount, the personal representati…
§
(a) If it is to the advantage of the estate to accept a deed to property which is subject to a mortg…
§
(a) Except as provided in subdivision (c), if it is to the advantage of the estate for the personal …
§
Except as provided in this chapter, neither the personal representative nor the personal representat…
§
Upon a petition filed under Section 9883, the court may make an order under this section authorizing…
§
Upon a petition filed under Section 9883, the court may make an order under this section authorizing…
§
(a) The personal representative may file a petition requesting that the court make an order under Se…
§
This chapter does not prohibit the purchase of property of the estate by the personal representative…
§
This chapter does not prevent the exercise by the personal representative or the personal representa…
§
If it is to the advantage of the estate and in the best interest of the interested persons, the pers…
§
(a) The personal representative or any interested person may file a petition for an order under this…
§
If it is to the advantage of the estate to exchange property of the estate for other property, the p…
§
To obtain an order under this chapter, the personal representative or any interested person shall fi…
§
(a) Except as provided in subdivision (b), notice of the hearing on the petition shall be given as p…
§
No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate…
§
For the purpose of this chapter: (a) “Lease” includes, without limitation, a lease that includes an …
§
If it is to the advantage of the estate, the personal representative may lease, as lessor, real prop…
§
(a) The personal representative may lease, as lessor, real property of the estate after authorizatio…
§
(a) To obtain an order under this chapter, the personal representative or any interested person shal…
§
(a) Notice of the hearing on the petition shall be given as provided in Section 1220 and posted as p…
§
(a) At the hearing, the court shall entertain and consider any other offer made in good faith at the…
§
(a) Subject to Section 9947, an order authorizing the execution of a lease shall set forth the minim…
§
(a) Except as provided in this section, the term of the lease shall be for such period as the court …
§
(a) The personal representative shall execute, acknowledge, and deliver the lease as directed, setti…
§
After authorization by order of court obtained under this chapter, the personal representative may g…
§
To obtain an order under this chapter, the personal representative shall file a petition containing …
§
The purchase price of the real property subject to the option shall be at least 90 percent of the ap…
§
Notice of the hearing on the petition shall be posted as provided in Section 1230 and given as provi…
§
(a) The court shall make an order authorizing the personal representative to grant the option upon t…
§
An option granted pursuant to an order made under this chapter, whether within or beyond the adminis…
§
No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate…
§
(a) Where an option to purchase real or personal property is given in a will, the person given the o…
§
(a) Where an option to purchase real or personal property is given in a will admitted to probate, th…
§
The court shall not make an order under this chapter unless one of the following requirements is sat…
§
No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate…
§
Subject to the limitations, conditions, and requirements of this chapter, the personal representativ…
§
(a) If the personal representative neglects or refuses to sell the property, any interested person m…
§
(a) Subject to subdivision (b), if directions are given in the will as to the mode of selling or the…
§
Subject to Part 4 (commencing with Section 21400) of Division 11 and to Sections 10001 and 10002, if…
§
(a) Where the personal representative determines in his or her discretion that, by use or relationsh…
§
(a) If any property in the estate is sold for more than the appraised value, the personal representa…
§
If property in the estate is to be sold as an undivided interest in a cotenancy, the other cotenants…
§
(a) The personal representative may enter into a written contract with either or both of the followi…
§
(a) The personal representative may enter into a written contract with any of the following: (1) Whe…
§
The estate is not liable to an agent, broker, or auctioneer under a contract for the sale of propert…
§
The estate is not liable to an agent or broker under a contract for the sale of property or for any …
§
(a) Subject to the provisions of this article, whether or not the agent or broker has a contract wit…
§
(a) Subject to subdivision (b), where the bid returned to the court for confirmation is made by a pe…
§
(a) This section applies if all of the following circumstances exist: (1) There is no agent or broke…
§
Subject to Section 10162.6, where an agent or broker holds a contract under Section 10150 granting t…
§
(a) This section applies if both of the following circumstances exist: (1) An agent or broker holds …
§
(a) Subject to Section 10162.6, this section applies if all of the following circumstances exist: (1…
§
Subject to Sections 10162 and 10162.6, where the original bid returned to the court for confirmation…
§
(a) This section applies only where the court confirms a sale on an increased bid, made at the time …
§
(a) Subject to Section 10162.6, where the court confirms a sale on an increased bid, made at the tim…
§
Notwithstanding that a bid contains a condition that a certain amount of the bid shall be paid to an…
§
(a) Subject to subdivision (b), whether or not the auctioneer has a contract with the personal repre…
§
This article does not supersede any agreement cooperating agents or brokers may have among themselve…
§
(a) As used in this section, “securities” means “security” as defined in Section 70, land trust cert…
§
(a) For purposes of this section: (1) “Federal association” is defined in Section 5102 of the Financ…
§
Notwithstanding Section 10200, if an estate by reason of owning securities, also owns or receives su…
§
(a) Except as provided in subdivision (b), where property to be sold consists of a leasehold interes…
§
Property of the estate that consists of a partnership interest or an interest belonging to an estate…
§
A chose in action belonging to the estate may be sold in the same manner as other personal property.
§
(a) Except as otherwise provided in this section, if the decedent at the time of death was possessed…
§
(a) Real property suitable for a shift-in-land-use loan to develop grazing or pasture facilities may…
§
Subject to Sections 10251 and 10252 and except as otherwise provided by statute, personal property o…
§
(a) If it is shown that it will be to the advantage of the estate, the court or judge may by order s…
§
Personal property may be sold with or without notice, as the personal representative may determine, …
§
(a) The notice of sale given pursuant to Section 10250 shall state all of the following: (1) Whether…
§
(a) Unless the court orders otherwise pursuant to subdivision (b): (1) A sale of personal property a…
§
(a) A private sale of personal property may not be made before the day stated in the notice of sale …
§
Whether a sale of personal property is private or at public auction, bids shall substantially comply…
§
(a) Personal property may be sold for cash or on credit. (b) Except as may otherwise be ordered by t…
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(a) On petition of the personal representative, the court may by order authorize a sale of personal …
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(a) Title to the following personal property passes upon sale without the need for court confirmatio…
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(a) Except as provided in Sections 10200, 10201, 10202, 10259, and 10503, all sales of personal prop…
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(a) Except as provided in this subdivision, at the hearing on the petition for confirmation of the s…
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(a) Except as provided in subdivision (b), if a written offer to purchase the property is made to th…
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If notice of the sale was required, before an order is made confirming the sale, it shall be proved …
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No omission, error, or irregularity in the proceedings under this article shall impair or invalidate…
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(a) Except as provided in Sections 10301 to 10303, inclusive, and in Section 10503, real property of…
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(a) If it appears from the inventory and appraisal that the value of the real property to be sold do…
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(a) If it is shown that it will be to the advantage of the estate, the court or judge may by order s…
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Real property may be sold with or without notice, as the personal representative may determine, in e…
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(a) The notice of sale given pursuant to this article shall state all of the following: (1) Whether …
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(a) A sale of real property at public auction shall be made in the county in which the property is l…
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(a) A private sale of real property may not be made before the day stated in the notice of sale as t…
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Whether a sale of real property is private or at public auction, bids shall substantially comply wit…
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(a) Except as provided in Section 10503, all sales of real property shall be reported to and be conf…
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(a) Except as provided in Section 10207, no sale of real property at private sale shall be confirmed…
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(a) Except as provided in this subdivision, at the hearing on the petition for confirmation of the s…
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(a) Subject to subdivisions (b), (c), (d), and (e), and except as provided in Section 10207, if a wr…
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If notice of the sale was required, before an order is made confirming the sale it shall be proved t…
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(a) The court shall make an order confirming the sale to the person making the highest offer that sa…
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(a) Except as provided in subdivision (b), upon confirmation of the sale, the personal representativ…
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(a) If a sale is made on credit, the personal representative shall take the note of the purchaser fo…
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No omission, error, or irregularity in the proceedings under this article shall impair or invalidate…
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(a) If after court confirmation of sale of real or personal property the purchaser fails to comply w…
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(a) The court may vacate the order of confirmation of a sale of real or personal property and make a…
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As used in this article: (a) “Amount secured by the lien” includes interest and any costs and charge…
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(a) If encumbered property is sold, the purchase money shall be applied in the following order: (1) …
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The personal representative or any interested party may, at any time before payment is made to satis…
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(a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the heari…
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(a) If encumbered property is sold, the purchase money, or so much of the purchase money as is suffi…
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(a) At a sale of real or personal property subject to a lien, the lienholder may become the purchase…
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The personal representative is liable to an interested person for damages suffered by the interested…
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In addition to any other damages for which the personal representative is liable, if the personal re…
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(a) No action for the recovery of property sold by a personal representative on the claim that the s…
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This part shall be known and may be cited as the Independent Administration of Estates Act.
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As used in this part, “court supervision” means the judicial order, authorization, approval, confirm…
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As used in this part, “full authority” means authority to administer the estate under this part that…
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As used in this part, “limited authority” means authority to administer the estate under this part t…
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The personal representative may not be granted authority to administer the estate under this part if…
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A special administrator may be granted authority to administer the estate under this part if the spe…
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(a) Subject to subdivision (b), this part applies in any case where authority to administer the esta…
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(a) To obtain authority to administer the estate under this part, the personal representative shall …
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(a) If the authority to administer the estate under this part is requested in the petition for appoi…
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Unless an interested person objects as provided in Section 1043 to the granting of authority to admi…
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(a) If the personal representative is otherwise required to file a bond and has full authority, the …
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(a) Any interested person may file a petition requesting that the court make either of the following…
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(a) Subject to the limitations and conditions of this part, a personal representative who has been g…
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(a) Notwithstanding any other provision of this part, whether the personal representative has been g…
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(a) Subject to the conditions and limitations of this part and to Section 9600, a personal represent…
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Subject to the limitations and requirements of this part, when the personal representative exercises…
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The personal representative may exercise the powers described in this article only if the requiremen…
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The personal representative who has full authority has the power to sell or exchange real property o…
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The personal representative has the power to sell or incorporate any of the following: (a) An uninco…
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The personal representative has the power to abandon tangible personal property where the cost of co…
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(a) Subject to subdivision (b), the personal representative has the following powers: (1) The power …
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The personal representative who has full authority has the power to grant an option to purchase real…
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If the will gives a person the option to purchase real or personal property and the person has compl…
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The personal representative has the power to convey or transfer real or personal property to complet…
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The personal representative has the power to allow, compromise, or settle any of the following: (a) …
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The personal representative has the power to make a disclaimer.
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If the time for filing claims has expired and it appears that the distribution may be made without l…
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Except to the extent that this article otherwise provides, the personal representative may exercise …
§
(a) The personal representative has the power to manage and control property of the estate, includin…
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(a) The personal representative has the power to enter into a contract in order to carry out the exe…
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(a) The personal representative has the power to do all of the following: (1) Deposit money belongin…
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(a) Subject to the partnership agreement and the provisions of the Uniform Partnership Act of 1994 (…
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(a) The personal representative has the power to pay a reasonable family allowance. Except as provid…
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(a) The personal representative has the power to enter as lessor into a lease of property of the est…
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(a) The personal representative has the power to sell personal property of the estate or to exchange…
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(a) The personal representative has the following powers: (1) The power to grant an exclusive right …
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The personal representative may exercise the powers described in this article without giving notice …
§
In addition to the powers granted to the personal representative by other sections of this chapter, …
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The personal representative has the power to do all of the following: (a) Allow, pay, reject, or con…
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The personal representative has the power to do all of the following: (a) Commence and maintain acti…
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The personal representative has the power to extend, renew, or in any manner modify the terms of an …
§
The personal representative has the power to convey or transfer property in order to carry out the e…
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The personal representative has the power to pay all of the following: (a) Taxes and assessments. (b…
§
The personal representative has the power to purchase an annuity from an insurer admitted to do busi…
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The personal representative has the power to exercise an option right that is property of the estate…
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The personal representative has the power to purchase securities or commodities required to perform …
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The personal representative has the power to hold a security in the name of a nominee or in any othe…
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The personal representative has the power to exercise security subscription or conversion rights.
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The personal representative has the power to make repairs and improvements to real and personal prop…
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The personal representative has the power to accept a deed to property which is subject to a mortgag…
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The personal representative has the power to give a partial satisfaction of a mortgage or to cause a…
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(a) A personal representative who has been granted authority to administer the estate under this par…
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Except as provided in Sections 10582 and 10583, notice of proposed action shall be given to all of t…
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Notice of proposed action need not be given to any person who consents in writing to the proposed ac…
§
(a) Notice of proposed action need not be given to any person who, in writing, waives the right to n…
§
(a) A waiver or consent may be revoked only in writing and is effective only when the writing is rec…
§
(a) The notice of proposed action shall state all of the following: (1) The name, mailing address, a…
§
The notice of proposed action shall be delivered pursuant to Section 1215 to each person required to…
§
(a) Any person entitled to notice of proposed action under Section 10581 may object to the proposed …
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(a) Any person who is entitled to notice of proposed action for a proposed action described in subdi…
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(a) If the proposed action is one that would require court supervision if the personal representativ…
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(a) Except as provided in subdivision (c), only a person described in Section 10581 has a right to h…
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(a) The failure of the personal representative to comply with subdivision (a) of Section 10580 and w…
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(a) In a case where notice of proposed action is required by this chapter, the court in its discreti…
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(a) Subject to the provisions of this part, for ordinary services the personal representative shall …
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(a) Subject to the provisions of this part, in addition to the compensation provided by Section 1080…
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(a) Except as otherwise provided in this section, if the decedent’s will makes provision for the com…
§
An agreement between the personal representative and an heir or devisee for higher compensation than…
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Notwithstanding any provision in the decedent’s will, a personal representative who is an attorney s…
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If there are two or more personal representatives, the personal representative’s compensation shall …
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(a) Subject to the provisions of this part, for ordinary services the attorney for the personal repr…
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(a) Subject to the provisions of this part, in addition to the compensation provided by Section 1081…
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(a) Except as otherwise provided in this section, if the decedent’s will makes provision for the com…
§
An agreement between the personal representative and the attorney for higher compensation for the at…
§
If there are two or more attorneys for the personal representative, the attorney’s compensation shal…
§
(a) At any time after four months from the issuance of letters: (1) The personal representative may …
§
(a) At the time of the filing of the final account and petition for an order for final distribution:…
§
Notwithstanding Sections 10830 and 10831, the court may allow compensation to the personal represent…
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(a) This part does not apply in any proceeding for administration of a decedent’s estate commenced b…
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(a) An account shall include both a financial statement and a report of administration as provided i…
§
On court order, or on request by an interested person filed with the clerk and a copy served on the …
§
When a personal representative receives assets from the conservator of a deceased conservatee or the…
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(a) On its own motion or on petition of an interested person, the court may order an account at any …
§
The personal representative shall file a final account and petition for an order for final distribut…
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A personal representative who resigns or is removed from office or whose authority is otherwise term…
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(a) As used in this section: (1) “Incapacitated” means lack of capacity to serve as personal represe…
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(a) Notwithstanding any other provision of this part, the personal representative is not required to…
§
(a) The personal representative shall give notice of the hearing as provided in Section 1220 to all …
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All matters relating to an account may be contested for cause shown, including, but not limited to: …
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(a) The court may conduct any hearing that may be necessary to settle the account, and may cite the …
§
(a) If the court determines that the contest was without reasonable cause and in bad faith, the cour…
§
The personal representative shall be allowed all necessary expenses in the administration of the est…
§
If a debt has been paid within the time prescribed in Section 9154 but without a claim having been f…
§
Subject to the provisions of this chapter, if the personal representative does not file a required a…
§
(a) A citation shall be issued, served, and returned, requiring a personal representative who does n…
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If the personal representative does not appear and file a required account, after having been duly c…
§
Unless the provision or context otherwise requires, the definitions in this article govern the const…
§
“Debt” means: (a) A claim that is established under Part 4 (commencing with Section 9000) or that is…
§
“Wage claim” means a claim for wages, not exceeding two thousand dollars ($2,000), of each employee …
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(a) This part does not apply in any proceeding for the administration of a decedent’s estate commenc…
§
(a) Debts shall be paid in the following order of priority among classes of debts, except that debts…
§
Subject to Section 11420, as soon as the personal representative has sufficient funds, after retaini…
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(a) Except as provided in Section 11421, the personal representative is not required to pay a debt u…
§
(a) Interest accrues on a debt from the date the court orders payment of the debt until the date the…
§
The personal representative shall pay a debt to the extent of the order for payment of the debt, and…
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(a) If an estate is in all other respects ready to be closed, and it appears to the satisfaction of …
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(a) Where the accounts of the personal representative have been settled and an order made for the pa…
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If it appears that a debt of the decedent has been paid or is payable in whole or in part by the sur…
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The petition shall include a statement of all of the following: (a) All debts of the decedent and su…
§
If it appears from the petition that allocation would be affected by the value of the separate prope…
§
The petitioner shall give notice of the hearing as provided in Section 1220, together with a copy of…
§
(a) The personal representative and the surviving spouse may provide for allocation by agreement and…
§
On making a determination as provided in this chapter, the court shall make an order that: (a) Direc…
§
Notwithstanding any other statute, funeral expenses and expenses of last illness shall be charged ag…
§
As used in this chapter: (a) A debt is “contingent” if it is established under Part 4 (commencing wi…
§
When all other debts have been paid and the estate is otherwise in a condition to be closed, on peti…
§
Notwithstanding any other provision of this chapter, if the court determines that all interested per…
§
The court may order an amount deposited in a financial institution, as provided in Chapter 3 (commen…
§
(a) The court may order property in the estate distributed to a person entitled to it under the fina…
§
(a) The court may order that a trustee be appointed to receive payment for a debt that is contingent…
§
The court may order property in the estate distributed to a person entitled to it under the final or…
§
The court may order that the administration of the estate continue until the contingency, dispute, o…
§
The personal representative or an interested person may petition the court under this chapter for an…
§
Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the follo…
§
The personal representative or any interested person may oppose the petition.
§
(a) If the court determines that the requirements for distribution are satisfied, the court shall or…
§
(a) This section applies where distribution is to be made to any of the following persons: (1) The t…
§
(a) This section applies when distribution from a decedent’s estate is made to a transferee for valu…
§
When a court order made under this chapter becomes final, the order binds and is conclusive as to th…
§
A petition for an order for preliminary distribution of all, or a portion of, the share of a deceden…
§
(a) The court shall order distribution under this article if at the hearing it appears that the dist…
§
(a) If the court orders distribution before four months have elapsed after letters are first issued …
§
(a) Notwithstanding Section 11601, if authority is granted to administer the estate without court su…
§
The costs of a proceeding under this article shall be paid by the distributee or the estate in propo…
§
(a) When all debts have been paid or adequately provided for, or if the estate is insolvent, and the…
§
When an order settling a final account and for final distribution is entered, the personal represent…
§
Any property acquired or discovered after the court order for final distribution is made shall be di…
§
At any time after letters are first issued to a general personal representative and before an order …
§
Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the follo…
§
(a) Any interested person may appear and, at or before the time of the hearing, file a written state…
§
The Attorney General shall be deemed to be a person entitled to distribution of the estate for purpo…
§
(a) The court shall consider as evidence in the proceeding any statement made in a petition filed un…
§
(a) The court shall make an order that determines the persons entitled to distribution of the decede…
§
(a) The personal representative is responsible for distribution of the property in the estate in com…
§
The personal representative shall obtain the receipt of the distributee for property in the estate d…
§
If personal property in the possession of a distributee is subject to possession by the distributee …
§
(a) Distribution in compliance with the court order entitles the personal representative to a full d…
§
Expenses of administration of the estate shall include reasonable storage, delivery, and shipping co…
§
(a) Except as provided in subdivision (b), the share in a decedent’s estate of a beneficiary who sur…
§
If a beneficiary satisfies the requirement of Section 11801, the beneficiary’s share in the decedent…
§
Subject to Section 11851, the personal representative may deposit property to be distributed with th…
§
(a) If property authorized by Section 11850 to be deposited with the county treasurer consists of mo…
§
The county treasurer shall give a receipt for a deposit made under this chapter and is liable on the…
§
If money is deposited or is already on deposit with the county treasurer, the personal representativ…
§
(a) A person may claim money on deposit in the county treasury by filing a petition with the court t…
§
(a) The court shall order property that is not ordered distributed to known beneficiaries to be dist…
§
If the court orders distribution of property in the decedent’s estate to the state, and the order in…
§
(a) If the court orders distribution to the state, the personal representative shall promptly: (1) D…
§
(a) Property distributed to the state shall be held by the Treasurer for a period of five years from…
§
No deposit of property in an estate shall be made in the county treasury by a personal representativ…
§
(a) If two or more beneficiaries are entitled to the distribution of undivided interests in property…
§
(a) A petition under this chapter may be filed at any time before an order for distribution of the a…
§
(a) Notice of the hearing on the petition shall be given as provided in Section 1220 to the personal…
§
(a) The court shall partition, allot, or otherwise divide the property so that each party receives p…
§
(a) The court, in its discretion, may appoint one or three referees to partition property capable of…
§
The expenses of partition shall be equitably apportioned by the court among the parties, but each pa…
§
(a) The partition, allotment, or other division made by the court shall control in proceedings for d…
§
The provisions of this chapter apply where the intention of the testator is not otherwise indicated …
§
If interest is payable under this chapter, the rate of interest is three percentage points less than…
§
(a) Except as provided in this section, a specific devise does not bear interest. (b) A specific dev…
§
If a general pecuniary devise, including a general pecuniary devise in trust, is not distributed wit…
§
(a) An annuity commences at the testator’s death and shall be paid at the end of the annual, monthly…
§
A devisee of a devise for maintenance is entitled to interest on the amount of any unpaid accumulati…
§
Net income received during administration not paid under other provisions of this chapter and not ot…
§
This chapter does not apply in cases where the decedent died before July 1, 1989. In cases where the…
§
The personal representative shall either petition for an order for final distribution of the estate …
§
If a report of status of administration is made under Section 12200: (a) The report shall show the c…
§
(a) The court may, on petition of any interested person or on its own motion, for good cause shown o…
§
(a) For purposes of this chapter, continuation of the administration of the estate in order to pay a…
§
Failure of the personal representative to comply with an order made under this chapter is grounds fo…
§
(a) The court may reduce the compensation of the personal representative or the attorney for the per…
§
A limitation in a will of the time for administration of an estate is directory only and does not li…
§
(a) When the personal representative has complied with the terms of the order for final distribution…
§
(a) At any time after appointment of a personal representative and whether or not letters have been …
§
If subsequent administration of an estate is necessary after the personal representative has been di…
§
Unless the provision or context otherwise requires, as used in this part, “missing person” means a p…
§
In proceedings under this part, a person who has not been seen or heard from for a continuous period…
§
Subject to the provisions of this part, the estate of a missing person may be administered in the ma…
§
(a) If the missing person was a resident of this state when last seen or heard from, the superior co…
§
(a) A petition may be filed in the court having jurisdiction under Section 12403 for the administrat…
§
Notice of hearing shall be served and published, and proof made, in the same manner as in proceeding…
§
(a) At the hearing, the court shall determine whether the alleged missing person is a person who is …
§
(a) If the court finds that the alleged missing person is a person presumed to be dead under Section…
§
(a) If the missing person reappears: (1) The missing person may recover property of the missing pers…
§
Unless the provision or context otherwise requires, the definitions in this chapter govern the const…
§
“Ancillary administration” means proceedings in this state for administration of the estate of a non…
§
“Foreign nation” means a jurisdiction other than a state of the United States.
§
“Foreign nation personal representative” means a personal representative appointed in a jurisdiction…
§
“Local personal representative” means a nondomiciliary decedent’s personal representative appointed …
§
“Nondomiciliary decedent” means a person who dies domiciled in a sister state or foreign nation.
§
“Sister state” means a state other than this state.
§
“Sister state personal representative” means a personal representative appointed in a sister state.
§
Any interested person, or a sister state or foreign nation personal representative, may commence an …
§
The proper county for an ancillary administration proceeding under this chapter is the county determ…
§
Notice of an ancillary administration proceeding shall be given and, except as provided in Article 2…
§
If the decedent dies while domiciled in a sister state, a personal representative appointed by a cou…
§
(a) If a nondomiciliary decedent’s will has been admitted to probate in a sister state or foreign na…
§
(a) A petition for probate of a nondomiciliary decedent’s will under this article shall include both…
§
If a will of a nondomiciliary decedent was admitted to probate, or established or proved, in accorda…
§
(a) Except as provided in subdivision (b), if a will of a nondomiciliary decedent was admitted to pr…
§
A nondomiciliary decedent’s will admitted to probate under this article has the same force and effec…
§
Except to the extent otherwise provided in this chapter, ancillary administration of a decedent’s es…
§
(a) If a person dies while domiciled in a sister state, the court in an ancillary administration pro…
§
If necessary to make distribution pursuant to this article, real property in the nondomiciliary dece…
§
If the nondomiciliary decedent’s estate in the sister state where the decedent was domiciled is inso…
§
If a nondomiciliary decedent’s property in this state satisfies the requirements of Section 13100, a…
§
The effect of payment, delivery, or transfer of personal property to the sister state personal repre…
§
The sister state personal representative may bring an action against a holder of the decedent’s prop…
§
A sister state personal representative who takes property by affidavit under this chapter is not lia…
§
A sister state personal representative or foreign nation personal representative submits personally …
§
A sister state personal representative or foreign nation personal representative is subject to the j…
§
Unless the provision or context otherwise requires, the definitions in this chapter govern the const…
§
“Holder of the decedent’s property” or “holder” means, with respect to any particular item of proper…
§
(a) “Particular item of property” means: (1) Particular personal property of the decedent which is s…
§
“Property of the decedent,” “decedent’s property,” “money due the decedent,” and similar phrases, in…
§
“Successor of the decedent” means: (a) If the decedent died leaving a will, the sole beneficiary or …
§
“Proceeding” means either that a petition is currently pending in this state for administration of a…
§
(a) For the purposes of this part: (1) Any property or interest or lien thereon that, at the time of…
§
For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to…
§
In making an appraisal for the purposes of this part, the probate referee shall use the date of the …
§
(a) Except as provided in subdivision (b), this part applies whether the decedent died before, on, o…
§
A reference in any statute of this state or in a written instrument, including a will or trust, to a…
§
Excluding the property described in Section 13050 and any property included in a petition filed unde…
§
The following definitions apply for the purposes of this chapter: (a) “Transferee” means a person to…
§
(a) To collect money, receive tangible personal property, or have evidences of a debt, obligation, i…
§
(a) If the decedent had evidence of ownership of the property described in the affidavit or declarat…
§
If the estate of the decedent includes any real property in this state, the affidavit or declaration…
§
(a) Reasonable proof of the identity of each person executing the affidavit or declaration shall be …
§
(a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied: (1) The person or pers…
§
(a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied, receipt by the holder …
§
(a) If the particular item of property transferred under this chapter is a debt or other obligation …
§
Where the money or property claimed in an affidavit or declaration presented under this chapter is t…
§
Where the money or property claimed in an affidavit or declaration executed under this chapter is th…
§
(a) The procedure provided by this chapter may be used only if one of the following requirements is …
§
(a) A transferee is personally liable, to the extent provided in this section for the unsecured debt…
§
(a) If proceedings for the administration of the decedent’s estate are commenced, a transferee is pe…
§
(a) Except as provided in subdivision (b), a transferee is personally liable to any person having a …
§
(a) If proceedings for the administration of a decedent’s estate are commenced, a transferee may vol…
§
(a) If property is paid, delivered, or transferred to a transferee under this chapter, and the deced…
§
The remedies available under Sections 13109 to 13111, inclusive, are in addition to any remedies ava…
§
(a) If the transferee’s action or inaction increased the value of property returned to the estate or…
§
(a) A public administrator who has taken possession or control of property of a decedent under Artic…
§
If transferred property is returned to the estate under Sections 13110.5 or 13111, the value of that…
§
The procedure provided in this chapter may not be used to obtain possession or the transfer of real …
§
The procedure provided in this chapter is in addition to and supplemental to any other procedure for…
§
If the court finds that a person to whom payment, delivery, or transfer of the decedent’s property h…
§
The procedure provided by this chapter may be used only if one of the following requirements is sati…
§
(a) If a decedent dies leaving real property that was their primary residence in this state and the …
§
(a) The petition shall be verified by each petitioner, shall contain a request that the court make a…
§
Notice of the hearing shall be given as provided in Section 1220 to each of the persons named in the…
§
(a) If the court makes the determinations required under subdivision (b), the court shall issue an o…
§
Upon becoming final, an order under this chapter determining that property is property passing to th…
§
(a) Subject to subdivisions (b), (c), and (d), the petitioner who receives the decedent’s property p…
§
The attorney’s fees for services performed in connection with the filing of a petition and obtaining…
§
(a) No sooner than six months from the death of a decedent, a person or persons claiming as successo…
§
Notwithstanding any other provision of law, the total fee for the filing of an affidavit under Secti…
§
Upon receipt of the affidavit and the required fee, the court clerk, upon determining that the affid…
§
For the purposes of this chapter, the following terms have the following meanings: (a) “Transferee” …
§
(a) A person acting in good faith and for a valuable consideration with a person designated as a suc…
§
(a) A transferee is personally liable to the extent provided in this section for the unsecured debts…
§
(a) If proceedings for the administration of the decedent’s estate are commenced, a transferee is pe…
§
(a) A transferee is personally liable to any person having a superior right to transferred property …
§
(a) If proceedings for the administration of the decedent’s estate are commenced, a transferee may v…
§
(a) If property is transferred to a transferee under this chapter, and the decedent’s personal repre…
§
The remedies available under Sections 13204 to 13206, inclusive, are in addition to any remedies ava…
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(a) If the transferee’s action or inaction increased the value of property returned to the estate or…
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If transferred property is returned to the estate under Sections 13205.5 or 13206, the value of that…
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The procedure provided by this chapter may be used only if one of the following requirements is sati…
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If the court finds that a person designated as a successor of the decedent in a certified copy of an…
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Except as provided in this chapter, when a spouse dies intestate leaving property that passes to the…
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Except as provided in Chapter 6 (commencing with Section 6600) of Division 6 and in Part 1 (commenci…
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(a) Upon the election of the surviving spouse or the personal representative, guardian of the estate…
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(a) Upon a petition by the personal representative of a decedent and a showing of good cause, the co…
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(a) The surviving spouse or the personal representative, guardian of the estate, or conservator of t…
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Notwithstanding the provisions of this part, community property held in a revocable trust described …
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This part applies whether the deceased spouse died before, on, or after July 1, 1987.
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A reference in any statute of this state or in a written instrument, including a will or trust, to a…
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(a) Except as provided in Section 13541, after 40 days from the death of a spouse, the surviving spo…
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(a) Section 13540 does not apply to a sale, conveyance, lease, mortgage, or other disposition that t…
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The repeal of former Section 649.2 by Chapter 783 of the Statutes of 1986 does not affect any sale, …
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(a) After the death of a spouse, the surviving spouse, or the personal representative, guardian of t…
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Except as provided in Sections 11446, 13552, 13553, and 13554, upon the death of a married person, t…
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The liability imposed by Section 13550 shall not exceed the fair market value at the date of the dec…
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If proceedings are commenced in this state for the administration of the estate of the deceased spou…
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The surviving spouse is not liable under this chapter if all the property described in paragraphs (1…
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(a) Except as otherwise provided in this chapter, any debt described in Section 13550 may be enforce…
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For the purposes of this chapter, “decedent’s property” means the one-half of the community property…
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(a) If the decedent’s property is in the possession or control of the surviving spouse at the time o…
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(a) Subject to subdivisions (b), (c), and (d), if proceedings for the administration of the decedent…
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(a) The surviving spouse is not liable under Section 13561 if proceedings for the administration of …
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The remedies available under Sections 13561 to 13563, inclusive, are in addition to any remedies ava…
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If the court finds that the surviving spouse has acted reasonably and in good faith under the circum…
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(a) At any time after a spouse dies, the surviving spouse or the guardian or conservator of the esta…
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(a) To collect salary or other compensation under this chapter, an affidavit or a declaration under …
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If the requirements of Section 13600 are satisfied, the employer to whom the affidavit or declaratio…
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If the requirements of Section 13601 are satisfied, receipt by the employer of the affidavit or decl…
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(a) If the employer refuses to pay as required by this chapter, the surviving spouse may recover the…
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(a) Nothing in this chapter limits the rights of the heirs or devisees of the deceased spouse. Payme…
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The procedure provided in this chapter is in addition to, and not in lieu of, any other method of co…
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(a) A surviving spouse or the personal representative, guardian of the estate, or conservator of the…
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(a) A petition filed pursuant to Section 13650 shall allege that administration of all or a part of …
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If proceedings for the administration of the estate of the deceased spouse are pending, a petition u…
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If proceedings for the administration of the estate of the deceased spouse are not pending, a petiti…
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The filing of a petition under this chapter does not preclude the court from admitting the will of t…
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(a) If proceedings for the administration of the estate of the deceased spouse are pending at the ti…
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(a) If the court finds that all of the estate of the deceased spouse is property passing to the surv…
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Upon becoming final, an order under Section 13656 (1) determining that property is property passing …
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If the court determines that all or a part of the property passing to the surviving spouse consists …
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Except as provided in Section 13658, no inventory and appraisal of the estate of the deceased spouse…
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The attorney’s fees for services performed in connection with the filing of a petition and obtaining…
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This division shall be known and may be cited as the Trust Law.
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Except as otherwise provided by statute: (a) This division applies to all trusts regardless of wheth…
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Except to the extent that the common law rules governing trusts are modified by statute, the common …
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(a) Nothing in this division affects the substantive law relating to constructive or resulting trust…
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Unless otherwise provided by statute, this division applies to charitable trusts that are subject to…
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Subject to other provisions of this chapter, a trust may be created by any of the following methods:…
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A trust is created only if the settlor properly manifests an intention to create a trust.
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A trust is created only if there is trust property.
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A trust may be created for any purpose that is not illegal or against public policy.
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A trust created for an indefinite or general purpose is not invalid for that reason if it can be det…
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(a) A trust, other than a charitable trust, is created only if there is a beneficiary. (b) The requi…
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A trust in relation to real property is not valid unless evidenced by one of the following methods: …
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(a) The existence and terms of an oral trust of personal property may be established only by clear a…
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Consideration is not required to create a trust, but a promise to create a trust in the future is en…
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If a trust provides for one or more successor beneficiaries after the death of the settlor, the trus…
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A trust created pursuant to this chapter which relates to real property may be recorded in the offic…
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A trust for a noncharitable corporation or unincorporated society or for a lawful noncharitable purp…
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(a) Subject to the requirements of this section, a trust for the care of an animal is a trust for a …
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Except as provided in Sections 15304 to 15307, inclusive, if the trust instrument provides that a be…
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(a) Except as provided in subdivision (b) and in Sections 15304 to 15307, inclusive, if the trust in…
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Except as provided in Sections 15304 to 15307, inclusive, if the trust instrument provides that the …
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(a) If the trust instrument provides that the trustee shall pay to or for the benefit of a beneficia…
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(a) If the settlor is a beneficiary of a trust created by the settlor and the settlor’s interest is …
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(a) As used in this section, “support judgment” means a money judgment for support of the trust bene…
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(a) As used in this section, “restitution judgment” means a judgment awarding restitution for the co…
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(a) Notwithstanding any provision in the trust instrument, if a statute of this state makes the bene…
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(a) Notwithstanding a restraint on transfer of the beneficiary’s interest in the trust under Section…
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Notwithstanding a restraint on transfer of a beneficiary’s interest in the trust under Section 15300…
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Any order entered by a court under Section 15305, 15306, 15306.5, or 15307 is subject to modificatio…
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A disclaimer or renunciation by a beneficiary of all or part of his or her interest under a trust sh…
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Unless a trust is expressly made irrevocable by the trust instrument, the trust is revocable by the …
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(a) A trust that is revocable by the settlor or any other person may be revoked in whole or in part …
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Unless the trust instrument provides otherwise, if a trust is revocable by the settlor, the settlor …
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(a) Except as provided in subdivision (b), if all beneficiaries of an irrevocable trust consent, the…
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(a) A trust may be modified or terminated by the written consent of the settlor and all beneficiarie…
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For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity,…
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In determining the class of beneficiaries whose consent is necessary to modify or terminate a trust …
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(a) A trust terminates when any of the following occurs: (1) The term of the trust expires. (2) The …
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(a) On petition by a trustee or beneficiary, if the court determines that the fair market value of t…
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(a) On petition by a trustee or beneficiary, the court may modify the administrative or dispositive …
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At the termination of a trust, the trust property shall be disposed of as follows: (a) In the case o…
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If the terms of two or more trusts are substantially similar, on petition by a trustee or beneficiar…
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On petition by a trustee or beneficiary, the court, for good cause shown, may divide a trust into tw…
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A trust provision, express or implied, that the trust may not be terminated is ineffective insofar a…
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Notwithstanding any other provision in this chapter, if a trust continues in existence after the exp…
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(a) The person named as trustee may accept the trust, or a modification of the trust, by one of the …
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(a) A person named as trustee may in writing reject the trust or a modification of the trust. (b) If…
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(a) A trustee is not required to give a bond to secure performance of the trustee’s duties, unless a…
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On application by the trustee, the court clerk shall issue a certificate that the trustee is a duly …
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(a) Notwithstanding any other provision of law, a nonprofit charitable corporation may be appointed …
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Unless otherwise provided in the trust instrument, a power vested in two or more trustees may only b…
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Unless otherwise provided in the trust instrument, if a vacancy occurs in the office of a cotrustee,…
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Unless otherwise provided in the trust instrument, if a cotrustee is unavailable to perform the duti…
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A trustee who has accepted the trust may resign only by one of the following methods: (a) As provide…
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The liability for acts or omissions of a resigning trustee or of the sureties on the trustee’s bond,…
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(a) A trustee may be removed in accordance with the trust instrument, by the court on its own motion…
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There is a vacancy in the office of trustee in any of the following circumstances: (a) The person na…
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When a vacancy has occurred in the office of trustee, the former trustee who holds property of the t…
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If the trustee of a trust that is not revocable has refused to transfer administration of the trust …
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(a) If the trust has no trustee or if the trust instrument requires a vacancy in the office of a cot…
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(a) The court may appoint as trustee of a trust the public guardian or public administrator of the c…
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(a) Subject to subdivision (b), and except as provided in Section 15688, if the trust instrument pro…
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If the trust instrument does not specify the trustee’s compensation, the trustee is entitled to reas…
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The court may fix an amount of periodic compensation under Sections 15680 and 15681 to continue for …
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Unless the trust instrument otherwise provides or the trustees otherwise agree, if the trust has two…
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A trustee is entitled to the repayment out of the trust property for the following: (a) Expenditures…
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The trustee has an equitable lien on the trust property as against the beneficiary in the amount of …
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(a) As used in this section, “trustee’s fee” includes, but is not limited to, the trustee’s periodic…
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(a) Notwithstanding any provision of a trust to the contrary, a trustee who is an attorney may recei…
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Notwithstanding any other provision of this article and the terms of the trust, a public guardian or…
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(a) Except to the extent that the trust instrument otherwise provides or where the joint action of t…
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(a) In any case where the consent of a beneficiary may be given or is required to be given before an…
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Notwithstanding any other statute, during the time that a trust is revocable and the person holding …
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The holder of a presently exercisable general power of appointment or power to withdraw property fro…
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(a) Notice to a person who may represent and bind another person pursuant to this section is suffici…
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Notwithstanding any other provision of law, the Attorney General is subject to the limitations on th…
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On acceptance of the trust, the trustee has a duty to administer the trust according to the trust in…
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(a) Except as provided in subdivision (b), the trustee of a revocable trust shall follow any written…
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(a) The trustee has a duty to administer the trust solely in the interest of the beneficiaries. (b) …
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If a trust has two or more beneficiaries, the trustee has a duty to deal impartially with them and s…
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(a) The trustee has a duty not to use or deal with trust property for the trustee’s own profit or fo…
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(a) A trustee may not require a beneficiary to relieve the trustee of liability as a condition for m…
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The trustee of one trust has a duty not to knowingly become a trustee of another trust adverse in it…
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The trustee has a duty to take reasonable steps under the circumstances to take and keep control of …
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The trustee has a duty to make the trust property productive under the circumstances and in furthera…
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The trustee has a duty to do the following: (a) To keep the trust property separate from other prope…
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The trustee has a duty to take reasonable steps to enforce claims that are part of the trust propert…
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The trustee has a duty to take reasonable steps to defend actions that may result in a loss to the t…
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(a) The trustee has a duty not to delegate to others the performance of acts that the trustee can re…
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If a trust has more than one trustee, each trustee has a duty to do the following: (a) To participat…
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(a) The trustee has a duty to apply the full extent of the trustee’s skills. (b) If the settlor, in …
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The provision of services for compensation by a regulated financial institution or its affiliates in…
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(a) The trustee shall administer the trust with reasonable care, skill, and caution under the circum…
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A trustee’s standard of care and performance in administering the trust is not affected by whether o…
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(a) Notwithstanding the requirements of this article, Article 2.5 (commencing with Section 16045), a…
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This article, together with subdivision (a) of Section 16002 and Section 16003, constitutes the prud…
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(a) Except as provided in subdivision (b), a trustee who invests and manages trust assets owes a dut…
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(a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the p…
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In making and implementing investment decisions, the trustee has a duty to diversify the investments…
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Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall re…
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In investing and managing trust assets, a trustee may only incur costs that are appropriate and reas…
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Compliance with the prudent investor rule is determined in light of the facts and circumstances exis…
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(a) A trustee may delegate investment and management functions as prudent under the circumstances. T…
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The following terms or comparable language in the provisions of a trust, unless otherwise limited or…
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This article applies to trusts existing on and created after its effective date. As applied to trust…
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The trustee has a duty to keep the beneficiaries of the trust reasonably informed of the trust and i…
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As used in this article, “terms of the trust” means the written trust instrument of an irrevocable t…
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On the request of a beneficiary, the trustee shall provide the terms of the trust to the beneficiary…
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Except as provided in Section 16069, on reasonable request by a beneficiary, the trustee shall repor…
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(a) A trustee shall provide a true and complete copy of the terms of the irrevocable trust, or irrev…
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(a) A trustee shall serve a notification by the trustee as described in this section in the followin…
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A person upon whom the notification by the trustee is served pursuant to paragraph (1) of subdivisio…
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(a) A trustee who fails to serve the notification by trustee as required by Section 16061.7 on a ben…
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(a) Except as otherwise provided in this section and in Section 16064, the trustee shall account at …
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(a) An account furnished pursuant to Section 16062 shall contain the following information: (1) A st…
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The trustee is not required to account to a beneficiary as described in subdivision (a) of Section 1…
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Any waiver by a settlor of the obligation of the trustee of either of the following is against publi…
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(a) The trustee is not required to account to the beneficiary, provide the terms of the trust to a b…
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Except as provided in Section 16081, a discretionary power conferred upon a trustee is not left to t…
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(a) Subject to the additional requirements of subdivisions (b), (c), and (d), if a trust instrument …
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Except as otherwise specifically provided in the trust instrument, a person who holds a power to app…
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As used in this article, the following definitions shall control: (a) “Charitable trust” means a cha…
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During any period when a trust is deemed to be a charitable trust or a private foundation, the trust…
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During any period when a trust is deemed to be a charitable trust, a private foundation, or a split-…
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With respect to split-interest trusts: (a) Subdivisions (b) and (c) of Section 16102 do not apply to…
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The provisions of Sections 16101, 16102, and 16103 shall be deemed to be contained in the instrument…
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(a) A proceeding contemplated by Section 101( l )(3) of the federal Tax Reform Act of 1969 (Public L…
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(a) On and after January 1, 2025, or upon the regulations provided for in subdivision (b) taking eff…
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A trustee has the following powers without the need to obtain court authorization: (a) The powers co…
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This chapter does not affect the power of a court to relieve a trustee from restrictions on the exer…
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The grant of a power to a trustee, whether by the trust instrument, by statute, or by the court, doe…
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An instrument that incorporates the powers provided in former Section 1120.2 (repealed by Chapter 82…
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The trustee has the power to collect, hold, and retain trust property received from a settlor or any…
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The trustee has the power to accept additions to the property of the trust from a settlor or any oth…
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(a) Subject to subdivision (b), the trustee has the power to continue or participate in the operatio…
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(a) In the absence of an express provision to the contrary in a trust instrument, where the instrume…
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(a) The trustee has the power to deposit trust funds at reasonable interest in any of the following …
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The trustee has the power to acquire or dispose of property, for cash or on credit, at public or pri…
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The trustee has the power to manage, control, divide, develop, improve, exchange, partition, change …
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The trustee has the power to encumber, mortgage, or pledge trust property for a term within or exten…
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The trustee has the power to do any of the following: (a) Make ordinary or extraordinary repairs, al…
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The trustee has the power to do any of the following: (a) Subdivide or develop land. (b) Dedicate la…
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The trustee has the power to enter into a lease for any purpose as lessor or lessee with or without …
§
The trustee has the power to enter into a lease or arrangement for exploration and removal of gas, o…
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The trustee has the power to grant an option involving disposition of trust property or to take an o…
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With respect to any shares of stock of a domestic or foreign corporation, any membership in a nonpro…
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The trustee has the power to pay calls, assessments, and any other sums chargeable or accruing again…
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The trustee has the power to sell or exercise stock subscription or conversion rights.
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The trustee has the power to consent, directly or through a committee or other agent, to the reorgan…
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The trustee has the power to hold a security in the name of a nominee or in other form without discl…
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The trustee has the power to deposit securities in a securities depository, as defined in Section 30…
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The trustee has the power to insure the property of the trust against damage or loss and to insure t…
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The trustee has the power to borrow money for any trust purpose to be repaid from trust property. Th…
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The trustee has the power to do any of the following: (a) Pay or contest any claim. (b) Settle a cla…
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The trustee has the power to pay taxes, assessments, reasonable compensation of the trustee and of e…
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The trustee has the following powers: (a) To make loans out of trust property to the beneficiary on …
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The trustee has the power to pay any sum of principal or income distributable to a beneficiary, with…
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The trustee has the power to effect distribution of property and money in divided or undivided inter…
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The trustee has the power to hire persons, including accountants, attorneys, auditors, investment ad…
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The trustee has the power to execute and deliver all instruments which are needed to accomplish or f…
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The trustee has the power to prosecute or defend actions, claims, or proceedings for the protection …
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This section shall be known, and may be cited, as the Uniform Fiduciary Income and Principal Act.
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The following definitions apply for purposes of this chapter: (a) “Accounting period” means a calend…
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Except as otherwise provided in the terms of a trust or this chapter, this chapter applies to the fo…
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Except as otherwise provided in the terms of a trust or this chapter, this chapter applies when this…
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(a) In making an allocation or determination or exercising discretion under this chapter, all of the…
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(a) For purposes of this section, “fiduciary decision” means any of the following: (1) A fiduciary’s…
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(a) Except as otherwise provided in the terms of a trust or this section, a fiduciary, in a record, …
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The following definitions apply for purposes of this article: (a) “Applicable value” means the amoun…
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(a) Except as otherwise provided in subdivision (b), this article applies to both of the following: …
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(a) A fiduciary, without court approval, by complying with subdivisions (b) and (f), may do any of t…
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A notice required by paragraph (2) of subdivision (b) of Section 16332 shall be sent as required by …
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(a) In administering a unitrust under this article, a fiduciary shall follow a unitrust plan adopted…
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(a) A unitrust rate may not be less than 3 percent, or greater than 5 percent, unless the unitrust p…
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(a) A unitrust plan shall provide the method for determining the fair market value of an asset for t…
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(a) A unitrust plan shall provide the period used under Sections 16335 and 16336. Except as otherwis…
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(a) A unitrust plan may include any of the following: (1) Provide methods and standards for all of t…
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(a) The following definitions apply for purposes of this section: (1) “Capital distribution” means a…
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A fiduciary shall allocate to income an amount received as a distribution of income, including a uni…
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(a) This section applies to a business or other activity conducted by a fiduciary if the fiduciary d…
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A fiduciary shall allocate to principal any of the following: (a) To the extent not allocated to inc…
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To the extent a fiduciary does not account for the management of rental property as a business under…
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(a) This section does not apply to an obligation to which Section 16348, 16349, 16350, 16351, 16353,…
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(a) This section does not apply to a contract to which Section 16348 applies. (b) Except as otherwis…
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(a) If a fiduciary determines that an allocation between income and principal required by Section 16…
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(a) The following definitions apply for purposes of this section: (1) “Internal income of a separate…
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(a) For purposes of this section, “liquidating asset” means an asset whose value will diminish or te…
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(a) To the extent a fiduciary does not account for a receipt from an interest in minerals, water, or…
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(a) To the extent a fiduciary does not account for receipts from the sale of timber and related prod…
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(a) If a trust received property for which a gift or estate tax marital deduction was allowed and th…
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(a) For purposes of this section, “derivative” means a contract, instrument, other arrangement, or c…
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(a) Except as otherwise provided in subdivision (b), a fiduciary shall allocate to income a receipt …
§
A fiduciary shall allocate receipts from, or related to, a financial instrument or arrangement not o…
§
Subject to Section 16363, and except as otherwise provided in paragraph (2) or (3) of subdivision (c…
§
(a) Subject to Section 16364, and except as otherwise provided in paragraph (2) of subdivision (c) o…
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(a) For purposes of this section, “depreciation” means a reduction in value due to wear, tear, decay…
§
(a) If a fiduciary makes or expects to make an income disbursement described in subdivision (b), the…
§
(a) If a fiduciary makes or expects to make a principal disbursement described in subdivision (b), t…
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(a) A tax required to be paid by a fiduciary that is based on receipts allocated to income shall be …
§
(a) A fiduciary may make an adjustment between income and principal to offset the shifting of econom…
§
Unless otherwise provided by the governing instrument, determined by the trustee, or ordered by the …
§
(a) This section applies when either of the following occurs: (1) The death of an individual results…
§
(a) Except to the extent that Article 3 (commencing with Section 16330) applies for a beneficiary th…
§
(a) An income beneficiary is entitled to net income in accordance with the terms of the trust from t…
§
(a) A fiduciary shall allocate an income receipt or disbursement, other than a receipt to which subd…
§
(a) For purposes of this section, “undistributed income” means net income received on or before the …
§
In applying and construing this uniform act, consideration shall be given to the need to promote uni…
§
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Comme…
§
This chapter applies to a trust or estate existing or created on or after the effective date of this…
§
If any provision of this chapter or its application to any person or circumstance is held invalid, t…
§
A violation by the trustee of any duty that the trustee owes the beneficiary is a breach of trust.
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(a) Except as provided in subdivision (b), the trustee is not liable to the beneficiary for the acts…
§
(a) Except as provided in subdivision (b), a trustee is not liable to the beneficiary for a breach o…
§
(a) Except as provided in subdivision (b), a successor trustee is not liable to the beneficiary for …
§
(a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary …
§
The remedies of a beneficiary against the trustee are exclusively in equity.
§
(a) If the trustee commits a breach of trust, the trustee is chargeable with any of the following th…
§
(a) If the trustee is liable for interest pursuant to Section 16440, the trustee is liable for the g…
§
The provisions in this article for liability of a trustee for breach of trust do not prevent resort …
§
(a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise: (1) If a…
§
(a) Except as provided in subdivision (b), (c), or (d), the trustee can be relieved of liability for…
§
(a) Notwithstanding Section 16461, a trustee of a revocable trust is not liable to a beneficiary for…
§
(a) Except as provided in subdivisions (b) and (c), a beneficiary may not hold the trustee liable fo…
§
(a) Except as provided in subdivision (b), a beneficiary may be precluded from holding the trustee l…
§
(a) Except as provided in subdivision (b), if the trustee, in breach of trust, enters into a transac…
§
Subject to subdivision (d) of Section 16501, a trustee may give a notice of proposed action regardin…
§
(a) The trustee who elects to provide notice pursuant to this chapter shall deliver notice pursuant …
§
The notice of proposed action shall state that it is given pursuant to this section and shall includ…
§
(a) A beneficiary may object to the proposed action by delivering a written objection pursuant to Se…
§
This chapter does not require a trustee to use these procedures prior to taking any action.
§
(a) This chapter shall be known, and may be cited, as the California Uniform Directed Trust Act. (b)…
§
For purposes of this chapter, the following definitions shall apply: (a) “Breach of trust” includes …
§
(a) This chapter applies to a trust, whenever created, that has its principal place of administratio…
§
Notwithstanding any other law, the consent of the public administrator, public guardian, or public c…
§
(a) This chapter does not apply to any of the following: (1) A power of appointment. (2) The power t…
§
(a) Subject to Section 16610, the terms of a trust may grant a power of direction to a trust directo…
§
A trust director is subject to the same rules as a trustee in a like position and under similar circ…
§
(a) Subject to subdivision (b), with respect to a power of direction or further power under subdivis…
§
(a) Subject to subdivision (b), a directed trustee shall take reasonable action to comply with a tru…
§
(a) Subject to Section 16618, a trustee shall provide information to a trust director to the extent …
§
(a) (1) Unless the terms of a trust provide otherwise, a trustee does not have a duty to do either o…
§
The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrust…
§
(a) An action against a trust director for breach of trust shall be commenced within the same limita…
§
In an action against a trust director for breach of trust, the director may assert the same defenses…
§
(a) By accepting appointment as a trust director of a trust subject to this chapter, the trust direc…
§
Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust di…
§
In applying and construing this chapter, consideration shall be given to the need to promote uniform…
§
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commer…
§
(a) The superior court having jurisdiction over the trust pursuant to this part has exclusive jurisd…
§
In proceedings commenced pursuant to this division, the court is a court of general jurisdiction and…
§
(a) The principal place of administration of the trust is the usual place where the day-to-day activ…
§
Subject to Section 17004: (a) By accepting the trusteeship of a trust having its principal place of …
§
The court may exercise jurisdiction in proceedings under this division on any basis permitted by Sec…
§
(a) The proper county for commencement of a proceeding pursuant to this division is either of the fo…
§
There is no right to a jury trial in proceedings under this division concerning the internal affairs…
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Except as otherwise provided in this division, notice in proceedings commenced pursuant to this divi…
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A petitioner or other person required to give notice may cause notice to be given to any person inte…
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(a) Except as provided in Section 15800, a trustee or beneficiary of a trust may petition the court …
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All proceedings concerning the transfer of property of the trust shall be conducted pursuant to the …
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A proceeding under this chapter is commenced by filing a petition stating facts showing that the pet…
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A petitioner in a proceeding under Section 17200 may commence discovery upon a trustee in accordance…
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The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for t…
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(a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause…
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(a) If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by at…
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If a trustee or beneficiary has served and filed either a notice of appearance, in person or by coun…
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The court in its discretion may make any orders and take any other action necessary or proper to dis…
§
The administration of trusts is intended to proceed expeditiously and free of judicial intervention,…
§
In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Atto…
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(a) If a beneficiary contests the trustee’s account and the court determines that the contest was wi…
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This article applies only to the following: (a) A trust created by a will executed before July 1, 19…
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If a trust described in Section 17300 continues after distribution of the decedent’s estate, the cou…
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Except as otherwise provided in this article, proceedings relating to trusts under continuing court …
§
This article does not apply to a trust described in Section 17300 that has been removed from continu…
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(a) At any time after final distribution of the decedent’s estate, a trust described in Section 1730…
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This article applies only to trusts created by will executed before July 1, 1977, and not incorporat…
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(a) If any of the trustees of a trust described in Section 17350 is a trust company, the trust shall…
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(a) If none of the trustees of a trust described in Section 17350 is a trust company, the trust may …
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If a trust company is appointed as a successor trustee of a trust which, at the time of the appointm…
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After a trust is removed from continuing court jurisdiction pursuant to this article, neither a chan…
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(a) This chapter applies to all of the following: (1) A trust that is subject to this division. (2) …
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(a) The court may make an order for the transfer of the place of administration of a trust or the tr…
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The petition for transfer shall set forth all of the following: (a) The names and places of residenc…
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(a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause…
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The court may, in its discretion, grant the petition and order the trustee to transfer the trust pro…
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If a transfer is ordered under this chapter, the court may direct the manner of transfer and impose …
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(a) This chapter applies to a trust, or portion thereof, administered in a jurisdiction outside this…
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(a) The court may make an order accepting the transfer of the place of administration of a trust fro…
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(a) If the petition requests that a resident of this state be appointed trustee, the petition shall …
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The petition for transfer shall set forth all of the following: (a) The names and places of residenc…
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(a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause…
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(a) The court may, in its discretion, grant the petition and issue an order accepting transfer of tr…
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If appropriate to facilitate transfer of the trust property or the place of administration of a trus…
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A trust transferred to this state pursuant to this chapter shall be administered in the same manner …
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(a) Unless otherwise provided in the contract or in this chapter, a trustee is not personally liable…
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A trustee is personally liable for obligations arising from ownership or control of trust property o…
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A trustee is personally liable for torts committed in the course of administration of the trust only…
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(a) A cotrustee who does not join in exercising a power held by three or more cotrustees is not liab…
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A claim based on a contract entered into by a trustee in the trustee’s representative capacity, on a…
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The question of liability as between the trust estate and the trustee personally may be determined i…
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With respect to a third person dealing with a trustee or assisting a trustee in the conduct of a tra…
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(a) The trustee may present a certification of trust to any person in lieu of providing a copy of th…
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A third person who acts in good faith is not bound to ensure the proper application of trust propert…
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If a third person acting in good faith and for a valuable consideration enters into a transaction wi…
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If an express trust relating to real property is not contained or declared in the grant to the trust…
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(a) If an interest in or lien or encumbrance on real property is conveyed, created, or affected by a…
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If title to an interest in real property is affected by a change of trustee, the successor trustee m…
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(a) A document establishing the fact of change of trustee recorded pursuant to this chapter is subje…
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A document establishing the change of a trustee recorded pursuant to this chapter is prima facie evi…
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Any person whose interest is, or may be, affected by the recordation of an affidavit of change of tr…
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If the settlor retains the power to revoke the trust in whole or in part, the trust property is subj…
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Any settlor whose trust property is subject to the claims of creditors pursuant to Section 18200 sha…
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This part may be cited as the Uniform Prudent Management of Institutional Funds Act.
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As used in this part, the following terms shall have the following meanings: (a) “Charitable purpose…
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(a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and…
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(a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriat…
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(a) Subject to any specific limitation set forth in a gift instrument or in law other than this part…
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(a) If the donor consents in a record, an institution may release or modify, in whole or in part, a …
§
Compliance with this part is determined in light of the facts and circumstances existing at the time…
§
This part applies to institutional funds existing on or established after January 1, 2009. As applie…
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This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce…
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In applying and construing this uniform act, consideration must be given to the need to promote unif…
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As used in this part: (a) “Claim” means a demand for payment for any of the following, whether due, …
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(a) Upon the death of a settlor, the property of the deceased settlor that was subject to the power …
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(a) Except as expressly provided, this part shall not be construed to affect the right of any credit…
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(a) At any time following the death of the settlor, and during the time that there has been no filin…
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If the trustee files, publishes, and serves notice as set forth in Section 19003, then: (a) All clai…
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The trustee may at any time pay, reject, or contest any claim against the deceased settlor or settle…
§
(a) If a trustee of a trust established by the deceased settlor files, publishes, and serves notice …
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Nothing in this part shall determine the liability of any trust established by the deceased settlor …
§
If there is no proceeding to administer the probate estate of the deceased settlor, and if the trust…
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Nothing in this part shall be construed to permit or require disclosure of the existence of the trus…
§
Nothing in this part imposes any duty on the trustee to initiate the notice proceeding set forth in …
§
(a) The Judicial Council may prescribe the form and contents of the petition, notice, claim form, an…
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(a) This part applies to claims against any deceased settlor who dies on or after January 1, 1992. (…
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At any time after the filing and first publication of notice pursuant to Chapter 3 (commencing with …
§
The petition shall be filed in that county as may be determined pursuant to Section 19003. In the ev…
§
(a) A proceeding under this chapter is commenced by filing a verified petition stating facts showing…
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At least 30 days before the time set for the hearing on the petition, the petitioner shall cause not…
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At least 30 days before the time set for the hearing on the petition, the petitioner shall cause not…
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(a) If any creditor, beneficiary, or trustee fails timely to file a written pleading upon notice, th…
§
The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for t…
§
(a) The court in its discretion may make any orders and take any other action necessary or proper to…
§
The court may, on its own motion or on request of a trustee or other person interested in the trust,…
§
In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Atto…
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(a) Publication of notice pursuant to this section shall be for at least 15 days. Three publications…
§
The Legislature finds and declares that to be most effective, notice to creditors should be publishe…
§
Except as provided in Section 19054, if the trustee has knowledge of a creditor of the deceased sett…
§
The notice shall be given before expiration of the later of the following times: (a) Four months aft…
§
The notice shall be in substantially the following form: NOTICE TO CREDITORS OF _____________ # ____…
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(a) If the trustee believes that notice to a particular creditor is or may be required by this chapt…
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Notwithstanding Section 19050, the trustee need not give notice to a creditor even though the truste…
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(a) A creditor shall file a claim before expiration of the later of the following times: (1) Four mo…
§
A vacancy in the office of the trustee that occurs before expiration of the time for filing a claim …
§
A claim that is filed before expiration of the time for filing the claim is timely even if acted on …
§
(a) Except as provided in subdivision (b), upon petition by a creditor or a trustee, the court may a…
§
(a) Subject to subdivision (b), if a claim is filed within the time provided in this chapter, the cr…
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(a) A claim may be filed by the creditor or a person acting on behalf of the claimant. (b) A claim s…
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(a) A claim shall be supported by the affidavit of the creditor or the person on behalf of the claim…
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(a) If a claim is based on a written instrument, either the original or a copy of the original with …
§
The Judicial Council may adopt a claim form which shall inform the creditor that the claim must be f…
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(a) Notwithstanding any other provision of this part, if a creditor makes a written demand for payme…
§
(a) Except as provided in this chapter, a claim by a public entity shall be filed within the time ot…
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(a) Notwithstanding any other statute, if a claim of a public entity arises under a law, act, or cod…
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(a) If the trustee knows or has reason to believe that the deceased settlor received health care und…
§
If property in the trust is distributed before expiration of the time allowed a public entity to fil…
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Nothing in this chapter shall be construed to affect the order of priority of debts provided for und…
§
This chapter does not apply to liability for the restitution of amounts illegally acquired through t…
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When a claim is filed, the trustee shall allow or reject the claim in whole or in part.
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(a) Any allowance or rejection shall be in writing. The trustee shall file the allowance or rejectio…
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The trustee shall have the power to pay any claim or portion of a claim and payment shall constitute…
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(a) A claim barred by the statute of limitations may not be allowed by the trustee. (b) The filing o…
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If within 30 days after a claim is filed the trustee has refused or neglected to act on the claim, t…
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(a) A rejected claim is barred as to the part rejected unless the creditor brings an action on the c…
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(a) Except as provided in Section 19303, after the death of the settlor all money judgments against …
§
When a money judgment against a trustee in a representative capacity becomes final, it conclusively …
§
(a) Notwithstanding the death of the settlor, a judgment for possession of trust property or a judgm…
§
If trust property of the deceased settlor is subject to an execution lien at the time of the settlor…
§
(a) An attachment lien may be converted into a judgment lien on property in the trust estate subject…
§
If it appears that a debt of the deceased settlor has been paid or is payable in whole or in part fr…
§
A petition under Section 19320 shall include a statement of all of the following: (a) All debts of t…
§
If it appears from the petition under Section 19320 that allocation would be affected by the value o…
§
(a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause…
§
(a) The trustee, the personal representative, if any, of a deceased settlor’s probate estate, and th…
§
On making a determination as provided in this chapter, the court shall make an order that: (a) Direc…
§
Notwithstanding any other statute, funeral expenses and expenses of last illness, in the absence of …
§
If proceedings are commenced under this part for the settlement of claims against the trust, and the…
§
Subject to Section 366.2 of the Code of Civil Procedure, if there is no proceeding to administer the…
§
Subject to Section 19402, if the trustee filed a proposed notice to creditors pursuant to Section 19…
§
(a) In any action under this chapter, subject to Section 366.2 of the Code of Civil Procedure, the d…
§
Nothing in this chapter affects the rights of a purchaser or encumbrancer of property in good faith …
§
This part may be cited as the Uniform Trust Decanting Act.
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For purposes of this part: (a) “Appointive property” means the property or property interest subject…
§
(a) Except as otherwise provided in subdivisions (b) and (c), this part applies to an express trust …
§
(a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fidu…
§
This part applies to a trust created before, on, or after January 1, 2019, that satisfies either of …
§
(a) In this section, a notice period begins on the day notice is given under subdivision (c) and end…
§
(a) Notice to a person with authority to represent and bind another person under this code or a firs…
§
(a) On application of an authorized fiduciary, a person entitled to notice under subdivision (c) of …
§
An exercise of the decanting power shall be made in a writing signed by an authorized fiduciary. The…
§
(a) For purposes of this section: (1) “Noncontingent right” means a right that is not subject to the…
§
(a) For purposes of this section, “limited distributive discretion” means a discretionary power of d…
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(a) For purposes of this section: (1) “Beneficiary with a disability” means a beneficiary of a first…
§
(a) For purposes of this section: (1) “Determinable charitable interest” means a charitable interest…
§
(a) An authorized fiduciary may not exercise the decanting power to the extent the first trust instr…
§
(a) If a first trust instrument specifies an authorized fiduciary’s compensation, the fiduciary may …
§
(a) Except as otherwise provided in this section, a second trust instrument may not relieve an autho…
§
An authorized fiduciary may not exercise the decanting power to modify a provision in a first trust …
§
(a) For purposes of this section: (1) “Grantor trust” means a trust as to which a settlor of a first…
§
(a) Subject to subdivision (b), a second trust may have a duration that is the same as, or different…
§
An authorized fiduciary may exercise the decanting power whether or not under the first trust’s disc…
§
(a) If exercise of the decanting power would be effective under this part, except that the second tr…
§
(a) For purposes of this section: (1) “Animal trust” means a trust or an interest in a trust describ…
§
A reference in this code to a trust instrument or terms of the trust includes a second trust instrum…
§
(a) For purposes of the law of this state other than this part and subject to subdivision (b), a set…
§
(a) Except as otherwise provided in subdivision (c), if exercise of the decanting power was intended…
§
A debt, liability, or other obligation enforceable against property of a first trust is enforceable …
§
This part does not limit a trustee’s ability to petition for instructions or other approval under a …
§
The provisions of this part are severable. If any provision of this part or its application is held …
§
Except where the context otherwise requires, the following definitions shall govern the construction…
§
(a) This chapter does not apply to persons interested in the estate of a decedent who died before Ja…
§
(a) Except as provided in subdivision (b), any estate tax shall be equitably prorated among the pers…
§
The proration required by this article shall be made in the proportion that the value of the propert…
§
(a) In making a proration of the federal estate tax, allowances shall be made for credits allowed fo…
§
If a trust is created, or other provision made whereby a person is given an interest in the income o…
§
(a) As used in this section, “qualified real property” means qualified real property as defined in S…
§
(a) As used in this section: (1) A reference to Section 4980A of the Internal Revenue Code means Sec…
§
Where the payment of any portion of the federal estate tax is extended under the provisions of the f…
§
(a) If all property does not come into the possession of the personal representative, the personal r…
§
(a) If a person is charged with or required to pay an estate tax greater than the amount prorated to…
§
(a) The personal representative or any person interested in the estate may commence a proceeding to …
§
A proceeding under this article shall be commenced by filing a petition that sets forth all of the f…
§
Not less than 30 days before the hearing, the petitioner shall do both of the following: (a) Cause n…
§
(a) The court, upon making a determination as provided in this article, shall make an order: (1) Dir…
§
Upon petition by the personal representative or any person interested in the estate, the court shall…
§
(a) A personal representative acting or resident in another state may commence an action in this sta…
§
Except where the context otherwise requires, the following definitions shall govern the construction…
§
(a) This chapter does not apply to transferees of property of a decedent who died before January 1, …
§
(a) Except as provided in subdivision (b), any generation-skipping transfer tax shall be equitably p…
§
The proration required by this article shall be made in the proportion that the value of the propert…
§
In making a proration required by this article: (a) Allowances shall be made for credits, exemptions…
§
If a trust is created or other provision made whereby a transferee is given an interest in income, o…
§
(a) If all property does not come into the possession of the trustee, the trustee is entitled, and h…
§
(a) If a person is charged with, or required to pay, a generation-skipping transfer tax greater than…
§
(a) The trustee or any transferee may commence a proceeding to have a court determine the proration …
§
A proceeding under this article shall be commenced by filing a petition that sets forth all of the f…
§
Not less than 30 days before the hearing the petitioner shall do both of the following: (a) Cause no…
§
(a) The court, upon making a determination as provided in this article, shall make an order: (1) Dir…
§
Upon petition by the trustee or any transferee, the court shall modify an order made pursuant to thi…
§
(a) A trustee acting or resident in another state may commence an action in this state to recover fr…
§
Unless the provision or context otherwise requires, this part applies to a will, trust, deed, and an…
§
(a) The intention of the transferor as expressed in the instrument controls the legal effect of the …
§
The meaning and legal effect of a disposition in an instrument is determined by the local law of a p…
§
As used in this part, “at-death transfer” means a transfer that is revocable during the lifetime of …
§
Except as otherwise provided in Sections 641 and 642, a will passes all property the testator owns a…
§
If an instrument directs the conversion of real property into money at the transferor’s death, the r…
§
The law of this state does not include (a) the common law rule of worthier title that a transferor c…
§
(a) A transferee who fails to survive the transferor of an at-death transfer or until any future tim…
§
(a) Subject to subdivision (b), if a transferee is dead when the instrument is executed, or fails or…
§
(a) Except as provided in subdivision (b) and subject to Section 21110, if a transfer fails for any …
§
A condition in a transfer of a present or future interest that refers to a person’s death “with” or …
§
(a) If a statute or an instrument provides for transfer of a present or future interest to, or creat…
§
(a) Except as provided in subdivision (b), halfbloods, adopted persons, persons born out of wedlock,…
§
At-death transfers are classified as follows: (a) A specific gift is a transfer of specifically iden…
§
(a) If an instrument authorizes a fiduciary to satisfy a pecuniary gift wholly or partly by distribu…
§
The words of an instrument are to receive an interpretation that will give every expression some eff…
§
All parts of an instrument are to be construed in relation to each other and so as, if possible, to …
§
The words of an instrument are to be given their ordinary and grammatical meaning unless the intenti…
§
A specific gift passes the property transferred subject to any mortgage, deed of trust, or other lie…
§
(a) If a transferor executes an instrument that makes an at-death transfer of securities and the tra…
§
A recipient of an at-death transfer of a specific gift has a right to the property specifically give…
§
(a) Except as otherwise provided in this section, if, after the execution of the instrument of gift,…
§
(a) Property given by a transferor during his or her lifetime to a person is treated as a satisfacti…
§
The rules stated in Sections 21133 to 21135, inclusive, are not exhaustive, and nothing in those sec…
§
This part applies to all instruments, regardless of when they were executed.
§
This chapter shall be known and may be cited as the Uniform Statutory Rule Against Perpetuities.
§
This chapter supersedes the common law rule against perpetuities.
§
(a) Except as provided in subdivision (b), this part applies to nonvested property interests and une…
§
A nonvested property interest is invalid unless one of the following conditions is satisfied: (a) Wh…
§
A general power of appointment not presently exercisable because of a condition precedent is invalid…
§
A nongeneral power of appointment or a general testamentary power of appointment is invalid unless o…
§
In determining whether a nonvested property interest or a power of appointment is valid under this a…
§
(a) If, in measuring a period from the creation of a trust or other property arrangement, language i…
§
Except as provided in Sections 21211 and 21212, the time of creation of a nonvested property interes…
§
For purposes of this chapter: (a) If there is a person who alone can exercise a power created by a g…
§
For purposes of this chapter, a nonvested property interest or a power of appointment arising from a…
§
On petition of an interested person, a court shall reform a disposition in the manner that most clos…
§
Article 2 (commencing with Section 21205) does not apply to any of the following: (a) A nonvested pr…
§
The lives of individuals selected to govern the time of vesting pursuant to Article 2 (commencing wi…
§
In determining the validity of a nonvested property interest pursuant to Article 2 (commencing with …
§
As used in this part: (a) “Contest” means a pleading filed with the court by a beneficiary that woul…
§
(a) A no contest clause shall only be enforced against the following types of contests: (1) A direct…
§
In determining the intent of the transferor, a no contest clause shall be strictly construed.
§
This part is not intended as a complete codification of the law governing enforcement of a no contes…
§
This part applies notwithstanding a contrary provision in the instrument.
§
(a) This part applies to any instrument, whenever executed, that became irrevocable on or after Janu…
§
The definitions in this chapter govern the construction of this part.
§
(a) “Care custodian” means a person who provides health or social services to a dependent adult, exc…
§
“Cohabitant” has the meaning provided in Section 13700 of the Penal Code.
§
“Dependent adult” means a person who, at the time of executing the instrument at issue under this pa…
§
“Domestic partner” has the meaning provided in Section 297 of the Family Code.
§
“Independent attorney” means an attorney who has no legal, business, financial, professional, or per…
§
(a) A person who is “related by blood or affinity” to a specified person means any of the following …
§
(a) A provision of an instrument making a donative transfer to any of the following persons is presu…
§
Section 21380 does not apply to any of the following instruments or transfers: (a) Except as provide…
§
(a) A donative transfer is not subject to Section 21380 if the instrument is reviewed by an independ…
§
(a) An at-death transfer, as defined in Section 21104, between spouses by will, revocable trust, ben…
§
If a donative transfer fails under this part, the instrument making the donative transfer shall oper…
§
(a) A person is not liable for transferring property pursuant to an instrument that is subject to th…
§
This part applies notwithstanding a contrary provision in an instrument.
§
(a) This part shall apply to instruments that become irrevocable on or after January 1, 2011. For th…
§
Notwithstanding any other provision of this part, if the instrument provides for abatement, or if th…
§
Except as provided in Sections 21612 (omitted spouse) and 21623 (omitted children) and in Division 1…
§
(a) Shares of beneficiaries abate in the following order: (1) Property not disposed of by the instru…
§
(a) Subject to subdivision (b), shares of beneficiaries abate pro rata within each class specified i…
§
If an instrument requires property that is the subject of a specific gift to be exonerated from a mo…
§
(a) In any case in which there is abatement when a distribution is made during estate administration…
§
(a) This part does not apply to a gift made before July 1, 1989. In the case of a gift made before J…
§
As used in this part, “Internal Revenue Code” means the Internal Revenue Code of 1986, as amended fr…
§
(a) This part applies to a distribution made on or after January 1, 1988, whether the transferor die…
§
(a) This part does not apply to an instrument the terms of which expressly or by necessary implicati…
§
(a) If an instrument includes a formula intended to eliminate the federal estate tax, the formula sh…
§
As used in this chapter: (a) “Marital deduction” means the federal estate tax deduction allowed for …
§
Sections 21524 and 21526 do not apply to a trust that qualifies for the marital deduction under Sect…
§
If an instrument contains a marital deduction gift: (a) The provisions of the instrument, including …
§
(a) The Economic Recovery Tax Act of 1981 was enacted August 13, 1981. This section applies to an in…
§
If a marital deduction gift is made in trust, in addition to the other provisions of this chapter, e…
§
(a) If an instrument that makes a marital deduction gift includes a condition that the transferor’s …
§
A fiduciary is not liable for a good faith decision to make any election, or not to make any electio…
§
If an instrument indicates the transferor’s intention to comply with the Internal Revenue Code requi…
§
If an instrument indicates the transferor’s intention to comply with the requirements for a charitab…
§
This part shall apply to property passing by will through a decedent’s estate or by a trust, as defi…
§
(a) For purposes of this part, “decedent’s testamentary instruments” means the decedent’s will or re…
§
Except as provided in Section 21611, if a decedent fails to provide in a testamentary instrument for…
§
The spouse shall not receive a share of the estate under Section 21610 if any of the following is es…
§
(a) Except as provided in subdivision (b), in satisfying a share provided by this chapter: (1) The s…
§
Except as provided in Section 21621, if a decedent fails to provide in a testamentary instrument for…
§
A child shall not receive a share of the estate under Section 21620 if any of the following is estab…
§
If, at the time of the execution of all of decedent’s testamentary instruments effective at the time…
§
(a) Except as provided in subdivision (b), in satisfying a share provided by this chapter: (1) The s…
§
This part does not apply if the decedent died before January 1, 1998. The law applicable prior to Ja…
§
(a) A contract to make a will or devise or other instrument, or not to revoke a will or devise or ot…