Probate Code — Part 3 | PROB — United States — California law | Esheria

Probate Code

Part 3 of 14 · provisions 401–600

This section says the code is called the Probate Code.

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Estate administration Indian Child Welfare Act notice Powers of appointment abandonment of tangible personal property abatement abatement of beneficiary shares account access account administration account approvals account designations account disclosure account information requests account objections account ownership account records account settlement account termination accountability accounting accounting and reporting accounting duties accounting for estate administration accounting objections accounting to beneficiaries +1,867 more

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A personal representative may sell estate real or personal property if the chapter’s limits and conditions are met. If a personal representative refuses or neglects to sell property, an interested person may ask the court to order the sale in specified cases. If a will gives directions for how estate property must be sold, the personal representative must follow them unless the court orders otherwise. A personal representative may choose what estate property to sell first, may sell all or part of the estate’s interest in the property, and may sell by public auction or private sale, if the sale is otherwise allowed and subject to specified sections. A personal representative may treat estate assets as a unit for sale, but a private unit sale must meet a 90% minimum price and any sale involving real property must follow real-property sale rules.

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Provisions of Probate Code

Showing 200 of 2,672

  1. 13109.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A transferee may be personally liable for the decedent’s unsecured debts, but only up to a capped amount. The transferee can also raise defenses and setoffs available to the decedent.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13109. (a) A transferee is personally liable, to the extent provided in this section for the unsecured debts of the decedent. That debt may be enforced against the transferee in the same manner as it could have been enforced against the decedent if the decedent had not died. In any action based upon the debt, the transferee may assert any defense, cross-complaint, or setoff that would have been available to the decedent if the decedent had not died. Nothing in this section permits enforcement of a claim that is barred under Part 4 (commencing with Section 9000) of Division 7. Section 366.2 of the Code of Civil Procedure applies in an action under this section. (b) The personal liability under subdivision (a) shall not exceed the fair market value of the transferred property at the time the affidavit or declaration is presented under this chapter, less the amount of any liens and encumbrances on the transferred property at that time, and less the amount of any payment made pursuant to subdivision (a) of Section 13110. (c) A transferee is not liable under this section if the transferee has satisfied the requirements of Section 13109.5, 13110.5, or 13111. (Amended by Stats. 2022, Ch. 29, Sec. 3. (AB 1716) Effective January 1, 2023.)
  2. 13109.5.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    If estate administration begins, a transferee can be personally liable for the decedent’s unsecured debts and related proceeding costs, and the personal representative must give a written liability statement.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13109.5. (a) If proceedings for the administration of the decedent’s estate are commenced, a transferee is personally liable to the estate for a share of the decedent’s unsecured debts. (b) In calculating the transferee’s share of liability under subdivision (a), the abatement rules provided in Part 4 (commencing with Section 21400) of Division 11 shall be applied, using all of the following assumptions: (1) Transferred property shall be treated as if it had remained in the estate for administration. (2) Any unsecured debts of the decedent that were paid by the transferee pursuant to Section 13109 shall be treated as if they were claims made against the decedent’s estate. (c) The personal representative shall provide a written statement of liability to the transferee, which specifies the amount that must be paid to the estate. (d) The transferee is personally liable to the estate for the amount specified in the statement of liability. Any amount that the transferee paid pursuant to Section 13109 or 13110 shall be credited against the amount that the transferee owes the estate under this subdivision. If the amount that the transferee paid pursuant to Section 13109 or 13110 exceeds the amount specified in the written statement of liability, the estate shall reimburse the difference to the transferee. For the purposes of Section 11420, that reimbursement shall be deemed an expense of administration. (e) The reasonable cost of proceeding under this section shall be reimbursed as an extraordinary service under Sections 10801 and 10811. The transferee is liable for the payment of that cost, which shall be separately identified in the statement of liability. (f) A transferee is not liable under this section if the transferee has satisfied the requirements of Section 13110.5 or 13111. (Added by Stats. 2022, Ch. 29, Sec. 4. (AB 1716) Effective January 1, 2023.)
  3. 1311.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 2. Effect of an Appeal [1310 - 1312] ( Chapter 2 added by Stats. 1997, Ch. 724, Sec. 11. )

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    If a fiduciary appointment order is reversed on appeal for error, the fiduciary’s acts before the reversal stay valid, and the appointed person is not liable for otherwise proper good-faith acts before reversal.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 2. Effect of an Appeal [1310 - 1312] ( Chapter 2 added by Stats. 1997, Ch. 724, Sec. 11. ) ## 1311. If an order appointing a fiduciary is reversed on appeal for error, all acts of the fiduciary performed after issuance of letters and prior to the reversal are as valid as though the order were affirmed and the person appointed is not liable for any otherwise proper act done in good faith before the reversal, nor is any transaction void by reason of the reversal if entered into with a third person dealing in good faith and for value. (Added by Stats. 1997, Ch. 724, Sec. 11. Effective January 1, 1998.)
  4. 13110.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A transferee of a decedent’s property can be liable to a person with a superior succession right, and fraud can trigger treble liability.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13110. (a) Except as provided in subdivision (b), a transferee is personally liable to any person having a superior right to the transferred property by testate or intestate succession from the decedent. Except as provided in subdivision (b), the personal liability established by this subdivision shall not exceed the sum of the following, less the amount of any payment made pursuant to Section 13109 or 13109.5: (1) The fair market value of the transferred property at the time the affidavit or declaration is presented under this chapter, less the amount of any liens and encumbrances on the transferred property at that time. (2) Income received from the property, if that income would have accrued to the estate had the property not been transferred to the transferee. (3) If the property has been disposed of, interest on the fair market value of the transferred property from the date of disposition at the rate of 7 percent per annum. For the purposes of this paragraph, “fair market value of the transferred property” means the fair market value of the transferred property, determined as of the time of the disposition of the property, less the amount of any liens and encumbrances on the property at the time the property was paid, delivered, or transferred to the transferee. (b) In addition to any other liability the transferee has under this section and Sections 13109, 13109.5, 13111, and 13113.5 a person who fraudulently secures the payment, delivery, or transfer of the decedent’s property under this chapter is liable to the person having a superior right to that property by testate or intestate succession from the decedent for three times the fair market value of the property. For the purposes of this subdivision, the “fair market value of the property” is the fair market value of the property paid, delivered, or transferred to the person liable under this subdivision, valued as of the time the person liable under this subdivision presents the affidavit or declaration under this chapter to the holder of the decedent’s property, less any liens and encumbrances on that property at that time. (c) An action to impose liability under this section is forever barred three years after the affidavit or declaration is presented under this chapter to the holder of the decedent’s property, or three years after the discovery of the fraud, whichever is later. The three-year period specified in this subdivision is not tolled for any reason. (d) A transferee is not liable under subdivision (a) if the transferee has satisfied the requirements of Section 13110.5 or 13111. (Amended by Stats. 2022, Ch. 29, Sec. 5. (AB 1716) Effective January 1, 2023.)
  5. 13110.5.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    If estate-administration proceedings have started, a transferee may voluntarily return transferred property to the decedent’s estate for administration.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13110.5. (a) If proceedings for the administration of a decedent’s estate are commenced, a transferee may voluntarily return transferred property to the decedent’s estate for administration. (b) The property to be restored to the estate under this section shall be reduced or increased as provided in Section 13113.5. (Added by Stats. 2022, Ch. 29, Sec. 6. (AB 1716) Effective January 1, 2023.)
  6. 13111.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    If transferred estate property should have gone to someone else, the personal representative may ask for it back, and the transferee may have to return the property or repay its value with interest.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13111. (a) If property is paid, delivered, or transferred to a transferee under this chapter, and the decedent’s personal representative determines that another person has a superior right to the property by testate or intestate succession from the decedent, the personal representative may request that the transferred property be restored to the estate. Subject to subdivisions (b), (c), (d), (e), and (g) if the personal representative makes that request, the transferee is liable for all of the following: (1) If the transferee still has the transferred property, restitution of the transferred property to the decedent’s estate. (2) If the transferee no longer has the transferred property, restitution to the decedent’s estate of the fair market value of the transferred property plus interest from the date of disposition at the rate of 7 percent per annum on the fair market value of the transferred property. For the purposes of this paragraph, the “fair market value of the transferred property” is the fair market value of the transferred property, determined as of the time of the disposition of the transferred property, less the amount of any liens and encumbrances on the transferred property at the time the property was paid, delivered, or transferred to the person under this chapter. (b) Subject to subdivision (c) and subject to any additional liability the transferee has under Sections 13109 to 13113.5, inclusive, if the transferee fraudulently secured the payment, delivery, or transfer of the decedent’s property under this chapter, the transferee is liable under this section for restitution of three times the fair market value of the transferred property. For the purposes of this subdivision, the “fair market value of the transferred property” is the fair market value of the transferred property, determined as of the time the person liable under this subdivision presents the affidavit or declaration under this chapter, less the amount of any liens and encumbrances on the property at that time. Restitution provided under this subdivision shall first be used to pay the estate’s cost of proceeding under this section, with the remainder paid to the person who has a superior right to the property by testate or intestate succession. (c) The property and amount required to be restored to the estate under this section shall be reduced or increased as provided in Section 13113.5. (d) An action to enforce the liability under this section may be brought only by the personal representative of the estate of the decedent. (e) An action to enforce the liability under this section is forever barred three years after presentation of the affidavit or declaration under this chapter to the holder of the decedent’s property, or three years after the discovery of the fraud, whichever is later. The three-year period specified in this subdivision is not tolled for any reason. (f) In the case of a nondomiciliary decedent, restitution under this section shall be made to the estate in an ancillary administration proceeding. (g) A transferee is not liable under subdivision (a) if the transferred property was returned to the estate under Section 13110.5. (Repealed and added by Stats. 2022, Ch. 29, Sec. 8. (AB 1716) Effective January 1, 2023.)
  7. 13113.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    Remedies under Sections 13109 to 13111 are additional to any remedies available for fraud or intentional wrongdoing.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13113. The remedies available under Sections 13109 to 13111, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing. (Amended by Stats. 2022, Ch. 29, Sec. 10. (AB 1716) Effective January 1, 2023.)
  8. 13113.5.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    If the transferee’s conduct increased value or reduced estate obligations, the personal representative must reimburse the transferee. If the conduct decreased value or increased obligations, the transferee is personally liable to the estate.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13113.5. (a) If the transferee’s action or inaction increased the value of property returned to the estate or decreased the estate’s obligations, the personal representative shall reimburse the transferee by the same amount. Actions or inaction that increase the value of returned property or decrease the estate’s obligations include, but are not necessarily limited to, the following actions: (1) A payment toward an unsecured debt of the decedent. (2) A payment toward a debt secured against the returned property. (3) A significant improvement of the returned property that increased the fair market value of the property. (b) If the transferee’s action or inaction decreased the value of property returned to the estate or increased the estate’s obligations, the transferee is personally liable to the estate for that amount. Actions or inaction that decrease the value of the returned property or increase the estate’s obligations include, but are not necessarily limited to, the following actions or inaction: (1) An action or inaction that resulted in a lien or encumbrance being recorded against the property. (2) The receipt of income from the property, if that income would have accrued to the estate had the property not been transferred to the transferee. (c) The personal representative shall provide the transferee a written statement of any reimbursement or liability under this section, along with a statement of the reasons for the reimbursement or liability. (d) For the purposes of Section 11420, reimbursement of the transferee under subdivision (a) shall be deemed an expense of administration. (e) In the event that the transferee and the personal representative cannot agree on the reimbursement or liability due under this section, the transferee or personal representative may petition the court for an order determining the amount of the reimbursement or liability. In making a decision under this subdivision, the court should consider the surrounding circumstances, including whether the parties acted in good faith and whether a particular result would impose an unfair burden on the transferee or the estate. (Added by Stats. 2022, Ch. 29, Sec. 11. (AB 1716) Effective January 1, 2023.)
  9. 13114.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A public administrator or coroner may withhold payment or delivery of a decedent’s property in certain cases until required costs have been paid or adequately secured.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13114. (a) A public administrator who has taken possession or control of property of a decedent under Article 1 (commencing with Section 7600) of Chapter 4 of Part 1 of Division 7 may refuse to pay money or deliver property pursuant to this chapter if payment of the costs and fees described in Section 7604 has not first been made or adequately assured to the satisfaction of the public administrator. (b) A coroner who has property found upon the body of a decedent, or who has taken charge of property of the decedent pursuant to Section 27491.3 of the Government Code, may refuse to pay or deliver the property pursuant to this chapter if payment of the reasonable costs of holding or safeguarding the property has not first been made or adequately assured to the satisfaction of the coroner. (Enacted by Stats. 1990, Ch. 79.)
  10. 13114.5.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    If property transferred under Sections 13110.5 or 13111 is returned to the estate, its value must be counted in the estate’s total value.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13114.5. If transferred property is returned to the estate under Sections 13110.5 or 13111, the value of that property shall be included in the total value of the estate, for all purposes. (Added by Stats. 2022, Ch. 29, Sec. 12. (AB 1716) Effective January 1, 2023.)
  11. 13115.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    This chapter’s procedure may not be used to obtain possession of, or transfer, real property.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13115. The procedure provided in this chapter may not be used to obtain possession or the transfer of real property. (Enacted by Stats. 1990, Ch. 79.)
  12. 13116.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    This section says the chapter is supplemental to other procedures for collecting money, receiving tangible personal property, or transferring evidence of ownership, and it does not limit release of a decedent’s tangible personal property under other law.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13116. The procedure provided in this chapter is in addition to and supplemental to any other procedure for (1) collecting money due to a decedent, (2) receiving tangible personal property of a decedent, or (3) having evidence of ownership of property of a decedent transferred. Nothing in this chapter restricts or limits the release of tangible personal property of a decedent pursuant to any other provision of law. This section is declaratory of existing law. (Enacted by Stats. 1990, Ch. 79.)
  13. 13117.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    The court may excuse a person from some or all interest liability if the person acted reasonably and in good faith, and doing so would be equitable.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13117. If the court finds that a person to whom payment, delivery, or transfer of the decedent’s property has been made under this chapter has acted reasonably and in good faith under the circumstances as known to the person, the court may, in its discretion, excuse the person from liability to pay interest, in whole or in part, under paragraph (2) of subdivision (a) of Section 13111, if it would be equitable to do so. (Amended by Stats. 2022, Ch. 29, Sec. 13. (AB 1716) Effective January 1, 2023.)
  14. 1312.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 2. Effect of an Appeal [1310 - 1312] ( Chapter 2 added by Stats. 1997, Ch. 724, Sec. 11. )

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    An appeal may be taken from an order, or from the refusal to make an order, fixing an inheritance tax or deciding that no inheritance tax is due.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 2. Effect of an Appeal [1310 - 1312] ( Chapter 2 added by Stats. 1997, Ch. 724, Sec. 11. ) ## 1312. Notwithstanding the repeal of former Section 1297 by Chapter 1199 of the Statutes of 1988, an appeal may be taken from an order or the refusal to make an order fixing an inheritance tax or determining that none is due. (Added by Stats. 1997, Ch. 724, Sec. 11. Effective January 1, 1998.)
  15. 13150.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. )

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    This chapter’s procedure may be used only when one of the stated requirements is met.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. ) ## 13150. The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (a) No proceeding is being or has been conducted in this state for administration of the decedent’s estate. (b) (1) The decedent’s personal representative consents in writing to use of the procedure provided by this chapter to determine that real property that was the decedent’s primary residence is property passing to the petitioners. (2) For purposes of this chapter, “primary residence” is not limited to the decedent’s residence at the time of their death. (Amended by Stats. 2024, Ch. 331, Sec. 3. (AB 2016) Effective January 1, 2025.)
  16. 13151.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. )

    Verify source ↗

    A qualifying successor may petition the superior court for a court order about the decedent’s primary-residence real property, and must notify each heir and devisee within five business days after filing.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. ) ## 13151. (a) If a decedent dies leaving real property that was their primary residence in this state and the gross value of that real property does not exceed seven hundred fifty thousand dollars ($750,000), as adjusted periodically in accordance with Section 890, and 40 days have elapsed since the death of the decedent, the successor of the decedent to an interest in that real property, without procuring letters of administration or awaiting the probate of the will, may file a petition in the superior court of the county in which the estate of the decedent may be administered requesting a court order determining that the petitioner has succeeded to that real property. (b) A successor who files a petition pursuant to subdivision (a) shall deliver a notice of the petition to each heir and devisee named in the petition pursuant to paragraph (7) of subdivision (a) of Section 13152 within five business days of filing the petition. (Amended by Stats. 2024, Ch. 331, Sec. 4. (AB 2016) Effective January 1, 2025.)
  17. 13152.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. )

    Verify source ↗

    A petitioner must verify the petition, include specified facts and attachments, and show that the property value does not exceed the applicable dollar amount.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. ) ## 13152. (a) The petition shall be verified by each petitioner, shall contain a request that the court make an order under this chapter determining that the property described in the petition is property passing to the petitioner, and shall state all of the following: (1) The facts necessary to determine that the petition is filed in the proper county. (2) The gross value of the real property that was the decedent’s primary residence in this state, as shown by the inventory and appraisal attached to the petition, does not exceed the dollar amount specified in subdivision (f). (3) A description of the particular item of real property in this state that the petitioner alleges is property of the decedent passing to the petitioner and the facts upon which the petitioner bases the allegation that the described real property was the decedent’s primary residence. (4) The facts upon which the petitioner bases the allegation that the described property is property passing to the petitioner. (5) Either of the following, as appropriate: (A) A statement that no proceeding is being or has been conducted in this state for administration of the decedent’s estate. (B) A statement that the decedent’s personal representative has consented in writing to use of the procedure provided by this chapter. (6) Whether estate proceedings for the decedent have been commenced in any other jurisdiction and, if so, where those proceedings are pending or were conducted. (7) The name, age, address, and relation to the decedent of each heir and devisee of the decedent, the names and addresses of all persons named as executors of the will of the decedent, and, if the petitioner is the trustee of a trust that is a devisee under the will of the decedent, the names and addresses of all persons interested in the trust, as determined in cases of future interests pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 15804, so far as known to any petitioner. (8) The name and address of each person serving as guardian or conservator of the estate of the decedent at the time of the decedent’s death, so far as known to any petitioner. (b) An inventory and appraisal in the form set forth in Section 8802 of the real property that was the decedent’s primary residence in this state shall be attached to the petition. The appraisal shall be made by a probate referee selected by the petitioner from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located. The appraisal shall be made as provided in Part 3 (commencing with Section 8800) of Division 7. (c) If the petitioner bases the petitioner’s claim to the described property upon the will of the decedent, a copy of the will shall be attached to the petition. (d) If the decedent’s personal representative has consented to use of the procedure provided by this chapter, a copy of the consent shall be attached to the petition. (e) If the decedent dies on or after April 1, 2022, the list of adjusted dollar amounts, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death shall be attached to the petition. (f) (1) If the decedent dies prior to April 1, 2022, the dollar amount for paragraph (2) of subdivision (a) is one hundred sixty-six thousand two hundred fifty dollars ($166,250). (2) If the decedent dies on or after April 1, 2022, through March 31, 2025, the dollar amount for paragraph (2) of subdivision (a) is the adjusted dollar amount, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death. (3) If the decedent dies on or after April 1, 2025, through March 31, 2028, the dollar amount for paragraph (2) of subdivision (a) is seven hundred fifty thousand dollars ($750,000). (4) If the decedent dies on or after April 1, 2028, the dollar amount for paragraph (2) of subdivision (a) is the adjusted dollar amount, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death. (Amended by Stats. 2024, Ch. 331, Sec. 5. (AB 2016) Effective January 1, 2025.)
  18. 13153.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. )

    Verify source ↗

    Notice of the hearing must be given under Section 1220 to each person named in the petition under Section 13152.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. ) ## 13153. Notice of the hearing shall be given as provided in Section 1220 to each of the persons named in the petition pursuant to Section 13152. (Enacted by Stats. 1990, Ch. 79.)
  19. 13154.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. )

    Verify source ↗

    The court must issue an order transferring the decedent’s primary residence to the petitioners if the listed conditions are met.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. ) ## 13154. (a) If the court makes the determinations required under subdivision (b), the court shall issue an order determining that the real property that was the decedent’s primary residence, to be described in the order, is property passing to the petitioners and the specific property interest of each petitioner in the described property. (b) The court may make an order under this section only if the court makes all of the following determinations: (1) The gross value of the real property that was the decedent’s primary residence in this state does not exceed seven hundred fifty thousand dollars ($750,000), as adjusted periodically in accordance with Section 890. (2) Not less than 40 days have elapsed since the death of the decedent. (3) Whichever of the following is appropriate: (A) No proceeding is being or has been conducted in this state for administration of the decedent’s estate. (B) The decedent’s personal representative has consented in writing to use of the procedure provided by this chapter. (4) The property described in the order is property of the decedent passing to the petitioner. (c) If the petition has attached an inventory and appraisal that satisfies the requirements of subdivision (b) of Section 13152, the determination required by paragraph (1) of subdivision (b) of this section shall be made on the basis of the verified petition and the attached inventory and appraisal, unless evidence is offered by a person opposing the petition that the gross value of the real property that was the decedent’s primary residence in this state exceeds seven hundred fifty thousand dollars ($750,000), as adjusted periodically in accordance with Section 890. (Amended by Stats. 2024, Ch. 331, Sec. 6. (AB 2016) Effective January 1, 2025.)
  20. 13155.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. )

    Verify source ↗

    When an order under this chapter becomes final, it is conclusive on everyone, even if they are not yet in being.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. ) ## 13155. Upon becoming final, an order under this chapter determining that property is property passing to the petitioner is conclusive on all persons, whether or not they are in being. (Amended by Stats. 1991, Ch. 1055, Sec. 46.)
  21. 13156.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. )

    Verify source ↗

    A petitioner who receives a decedent’s property under this chapter is personally liable for the decedent’s unsecured debts, but only up to the fair market value of the property received minus liens and encumbrances.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. ) ## 13156. (a) Subject to subdivisions (b), (c), and (d), the petitioner who receives the decedent’s property pursuant to an order under this chapter is personally liable for the unsecured debts of the decedent. (b) The personal liability of any petitioner shall not exceed the fair market value at the date of the decedent’s death of the property received by that petitioner pursuant to an order under this chapter, less the amount of any liens and encumbrances on the property. (c) In any action or proceeding based upon an unsecured debt of the decedent, the petitioner may assert any defense, cross-complaint, or setoff which would have been available to the decedent if the decedent had not died. (d) Nothing in this section permits enforcement of a claim that is barred under Part 4 (commencing with Section 9000) of Division 7. (e) Section 366.2 of the Code of Civil Procedure applies in an action under this section. (Amended by Stats. 1992, Ch. 178, Sec. 41. Effective January 1, 1993.)
  22. 13157.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. )

    Verify source ↗

    Attorney fees for this chapter are set by private agreement, not court approval. If there is no fee agreement and there is a dispute about reasonableness, a petition may ask the court to decide the fees. If there is an agreement but a dispute about its meaning, a petition may ask the court to decide that dispute.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Court Order Determining Succession to Property [13150 - 13157] ( Heading of Chapter 4 amended by Stats. 1991, Ch. 1055, Sec. 41. ) ## 13157. The attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter shall be determined by private agreement between the attorney and the client and are not subject to approval by the court. If there is no agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining of a court order under this chapter and there is a dispute concerning the reasonableness of the attorney’s fees for those services, a petition may be filed with the court in the same proceeding requesting that the court determine the reasonableness of the attorney’s fees for those services. If there is an agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the meaning of the agreement, a petition may be filed with the court in the same proceeding requesting that the court determine the dispute. (Enacted by Stats. 1990, Ch. 79.)
  23. 13200.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A successor claiming a decedent’s real property may file an affidavit in superior court at least six months after death, but the affidavit must include specified statements and attachments.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13200. (a) No sooner than six months from the death of a decedent, a person or persons claiming as successor of the decedent to a particular item of property that is real property may file in the superior court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in this state at the time of death, then in any county in which real property of the decedent is located, an affidavit in the form prescribed by the Judicial Council pursuant to Section 1001 stating all of the following: (1) The name of the decedent. (2) The date and place of the decedent’s death. (3) A legal description of the real property and the interest of the decedent therein. (4) The name and address of each person serving as guardian or conservator of the estate of the decedent at the time of the decedent’s death, so far as known to the affiant. (5) “The gross value of all real property in the decedent’s estate located in California, as shown by the inventory and appraisal attached to this affidavit, excluding the real property described in Section 13050 of the California Probate Code, does not exceed [Insert dollar amount specified in subdivision (h)].” (6) “At least six months have elapsed since the death of the decedent as shown in a certified copy of decedent’s death certificate attached to this affidavit.” (7) Either of the following, as appropriate: (A) “No proceeding is now being or has been conducted in California for administration of the decedent’s estate.” (B) “The decedent’s personal representative has consented in writing to use of the procedure provided by this chapter.” (8) “Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid.” (9) “The affiant is the successor of the decedent (as defined in Section 13006 of the Probate Code) and to the decedent’s interest in the described property, and no other person has a superior right to the interest of the decedent in the described property.” (10) “The affiant declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” (b) For each person executing the affidavit, the affidavit shall contain a notary public’s certificate of acknowledgment identifying the person. (c) An inventory and appraisal of the decedent’s real property in this state, excluding the real property described in Section 13050, shall be attached to the affidavit. The inventory and appraisal of the real property shall be made as provided in Part 3 (commencing with Section 8800) of Division 7. The appraisal shall be made by a probate referee selected by the affiant from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located. (d) If the affiant claims under the decedent’s will and no estate proceeding is pending or has been conducted in California, a copy of the will shall be attached to the affidavit. (e) A certified copy of the decedent’s death certificate shall be attached to the affidavit. If the decedent’s personal representative has consented to the use of the procedure provided by this chapter, a copy of the consent and of the personal representative’s letters shall be attached to the affidavit. (f) If the decedent dies on or after April 1, 2022, the list of adjusted dollar amounts, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death shall be attached to the affidavit. (g) The affiant shall deliver pursuant to Section 1215 a copy of the affidavit and attachments to any person identified in paragraph (4) of subdivision (a). (h) (1) When the decedent dies prior to April 1, 2022, the dollar amount for paragraph (5) of subdivision (a) is fifty-five thousand four hundred twenty-five dollars ($55,425). (2) When the decedent dies on or after April 1, 2022, the dollar amount for paragraph (5) of subdivision (a) is the adjusted dollar amount, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death. (Amended by Stats. 2019, Ch. 122, Sec. 13. (AB 473) Effective January 1, 2020.)
  24. 13201.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The filing fee for an affidavit under Section 13200, plus one certified copy under Section 13202, is set by Government Code Section 70626(b).

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13201. Notwithstanding any other provision of law, the total fee for the filing of an affidavit under Section 13200 and the issuance of one certified copy of the affidavit under Section 13202 is as provided in subdivision (b) of Section 70626 of the Government Code. (Amended by Stats. 2005, Ch. 75, Sec. 150. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  25. 13202.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    After receiving the affidavit and fee, the court clerk must file the affidavit and attachments and issue a certified copy without the attachments; the county recorder must then record and index the certified copy.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13202. Upon receipt of the affidavit and the required fee, the court clerk, upon determining that the affidavit is complete and has the required attachments, shall file the affidavit and attachments and shall issue a certified copy of the affidavit without the attachments. The certified copy shall be recorded in the office of the county recorder of the county where the real property is located. The county recorder shall index the certified copy in the index of grantors and grantees. The decedent shall be indexed as the grantor and each person designated as a successor to the property in the certified copy shall be indexed as a grantee. (Enacted by Stats. 1990, Ch. 79.)
  26. 13202.5.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “transferee,” “transferred property,” and “unsecured debts” for this chapter.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13202.5. For the purposes of this chapter, the following terms have the following meanings: (a) “Transferee” means a person designated as a successor of the decedent in a certified copy of an affidavit issued under Section 13202. (b) “Transferred property” means property transferred to a transferee pursuant to a certified copy of an affidavit issued under Section 13202. (c) “Unsecured debts” includes, but is not limited to, a decedent’s funeral expenses, expenses of a decedent’s last illness, and wage claims. (Added by Stats. 2022, Ch. 29, Sec. 14. (AB 1716) Effective January 1, 2023.)
  27. 13203.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A good-faith purchaser for value who deals with a successor named in a recorded affidavit gets the same rights and protections as if the successor had been named in a final distribution order.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13203. (a) A person acting in good faith and for a valuable consideration with a person designated as a successor of the decedent to a particular item of property in a certified copy of an affidavit issued under Section 13202 and recorded in the county in which the real property is located has the same rights and protections as the person would have if each person designated as a successor in the recorded certified copy of the affidavit had been named as a distributee of the real property in an order for distribution that had become final. (b) The issuance and recording of a certified copy of an affidavit under this chapter does not preclude later proceedings for administration of the decedent’s estate. (Enacted by Stats. 1990, Ch. 79.)
  28. 13204.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A transferee can be personally liable for the decedent’s unsecured debts, subject to a liability cap and an exemption if specified section requirements are satisfied.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13204. (a) A transferee is personally liable to the extent provided in this section for the unsecured debts of the decedent. That debt may be enforced against the transferee in the same manner as it could have been enforced against the decedent if the decedent had not died. In any action based upon the debt, the transferee may assert any defense, cross-complaint, or setoff that would have been available to the decedent if the decedent had not died. Nothing in this section permits enforcement of a claim that is barred under Part 4 (commencing with Section 9000) of Division 7. Section 366.2 of the Code of Civil Procedure applies in an action under this section. (b) The personal liability under subdivision (a) shall not exceed the fair market value of the transferred property at the time of the issuance of the certified copy of the affidavit under Section 13202, less the amount of any liens and encumbrances on the transferred property at that time, and less the amount of any payment made pursuant to subdivision (a) of Section 13205. (c) The transferee is not liable under this section if the transferee has satisfied the requirements of Section 13204.5, 13205.5, or 13206. (Amended by Stats. 2022, Ch. 29, Sec. 15. (AB 1716) Effective January 1, 2023.)
  29. 13204.5.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If probate administration begins, the transferee may have to pay the estate’s stated liability amount, and the personal representative must give a written statement showing that amount.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13204.5. (a) If proceedings for the administration of the decedent’s estate are commenced, a transferee is personally liable to the estate for a share of the decedent’s unsecured debts. (b) In calculating the transferee’s share of liability under subdivision (a), the abatement rules provided in Part 4 (commencing with Section 21400) of Division 11 shall be applied, using all of the following assumptions: (1) Transferred property under this chapter shall be treated as if it had remained in the estate for administration. (2) Any unsecured debts of the decedent that were paid by the transferee pursuant to Section 13204 shall be treated as if they were claims made against the decedent’s estate. (c) The personal representative shall provide a written statement of liability to the transferee, which specifies the amount that must be paid to the estate. (d) The transferee is personally liable to the estate for the amount specified in the statement of liability. Any amount that the transferee paid pursuant to Section 13204 or 13205 shall be credited against the amount that the transferee owes the estate under this subdivision. If the amount that the transferee paid pursuant to Section 13204 or 13205 exceeds the amount specified in the written statement of liability, the estate shall reimburse the difference to the transferee. For the purposes of Section 11420, that reimbursement shall be deemed an expense of administration. (e) The reasonable cost of proceeding under this section shall be reimbursed as an extraordinary service under Sections 10801 and 10811. The transferee is liable for the payment of that cost, which shall be separately identified in the statement of liability. (f) The transferee is not liable under this section if the transferee has satisfied the requirements of Section 13205.5 or 13206. (Added by Stats. 2022, Ch. 29, Sec. 16. (AB 1716) Effective January 1, 2023.)
  30. 13205.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A transferee can be personally liable to a person with a superior succession right to the transferred property, with liability capped by specified amounts and a stricter triple-value liability if the affidavit was fraudulently executed or filed.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13205. (a) A transferee is personally liable to any person having a superior right to transferred property by testate or intestate succession from the decedent. Except as provided in subdivision (d), the personal liability established by this subdivision shall not exceed the sum of the following, less the amount of any payment made pursuant to Section 13204 or 13204.5: (1) The fair market value at the time of the issuance of the certified copy of the affidavit under Section 13202 of the transferred property, less the amount of any liens and encumbrances on the transferred property at that time. (2) Income received from the property, if that income would have accrued to the estate had the property not been transferred to the transferee. (3) If the property has been disposed of, interest on the fair market value of the transferred property from the date of disposition at the rate of 7 percent per annum. For the purposes of this paragraph, “fair market value of the transferred property” means the fair market value of the transferred property, determined as of the time of the disposition of the property, less the amount of any liens and encumbrances on the property at the time the certified copy of the affidavit was issued. (b) In addition to any other liability the transferee has under this section and Sections 13204, 13204.5, 13206, and 13208, if the transferee fraudulently executed or filed the affidavit under this chapter, the transferee is liable to the person having a superior right to that property by testate or intestate succession from the decedent for three times the fair market value of the transferred property. For the purposes of this subdivision, the “fair market value of the transferred property” is the fair market value of the transferred property determined as of the time the certified copy of the affidavit was issued under Section 13202, less any liens and encumbrances on the transferred property at that time. (c) An action to impose liability under this section is forever barred three years after the certified copy of the affidavit is issued under Section 13202, or three years after the discovery of the fraud, whichever is later. The three-year period specified in this subdivision is not tolled for any reason. (d) The transferee is not liable under this section if the transferee has satisfied the requirements of Section 13205.5 or 13206. (Amended by Stats. 2022, Ch. 29, Sec. 17. (AB 1716) Effective January 1, 2023.)
  31. 13205.5.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If estate administration proceedings have started, a transferee may voluntarily return transferred property to the decedent’s estate for administration.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13205.5. (a) If proceedings for the administration of the decedent’s estate are commenced, a transferee may voluntarily return transferred property to the decedent’s estate for administration. (b) The property to be restored to the estate under this section shall be reduced or increased as provided in Section 13208.5. (Added by Stats. 2022, Ch. 29, Sec. 18. (AB 1716) Effective January 1, 2023.)
  32. 13206.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a transferee received small-estate real property and the personal representative later finds someone had a superior succession right, the personal representative may seek return of the property or its value, with added interest or enhanced restitution in some cases.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13206. (a) If property is transferred to a transferee under this chapter, and the decedent’s personal representative later determines that another person has a superior right to the property by testate or intestate succession from the decedent, the personal representative may request that the transferred property be restored to the estate. Subject to subdivisions (b), (c), (d), (e), and (g) if the personal representative makes that request, the transferee is liable for all of the following: (1) If the transferee still has the transferred property, restitution of the transferred property to the decedent’s estate. (2) If the transferee no longer has the transferred property, restitution to the decedent’s estate of the fair market value of the transferred property plus interest from the date of disposition at the rate of 7 percent per annum on the fair market value of the transferred property. For the purposes of this paragraph, the “fair market value of the transferred property” is the fair market value of the transferred property, determined as of the time of the disposition of the transferred property, less the amount of any liens and encumbrances on the transferred property at the time the certified copy of the affidavit was issued. (b) Subject to subdivision (d), if the transferee fraudulently executed or filed the affidavit under this chapter, the transferee is liable under this section for restitution of three times the fair market value of the transferred property. For the purposes of this subdivision, the “fair market value of the transferred property” is the fair market value of the transferred property, determined as of the time the certified copy of the affidavit was issued, less the amount of any liens and encumbrances on the property at that time. Restitution provided under this subdivision shall first be used to pay the estate’s cost of proceeding under this section, with the remainder paid to the person who has a superior right to the property by testate or intestate succession. (c) Subject to subdivision (d), if the transferee made a significant improvement to the transferred property in the good faith belief that the transferee was the successor of the decedent to that property, the transferee is liable for whichever of the following the decedent’s estate elects: (1) The restitution of the transferred property to the estate of the decedent. (2) The restoration to the decedent’s estate of the fair market value of the transferred property, determined as of the time of the issuance of the certified copy of the affidavit under Section 13202, less the amount of any liens and encumbrances on the transferred property at that time, together with interest on the net amount at the rate of 7 percent per annum running from the date of the issuance of the certified copy of the affidavit. (d) The property and amount required to be restored to the estate under this section shall be reduced or increased as provided in Section 13208.5. (e) An action to enforce the liability under this section may be brought only by the personal representative of the estate of the decedent. (f) An action to enforce the liability under this section is forever barred three years after the certified copy of the affidavit is issued under Section 13202, or three years after the discovery of the fraud, whichever is later. The three-year period specified in this subdivision is not tolled for any reason. (g) The transferee is not liable under subdivision (a) if the transferred property was returned to the estate under Section 13205.5. (Repealed and added by Stats. 2022, Ch. 29, Sec. 20. (AB 1716) Effective January 1, 2023.)
  33. 13208.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The remedies under Sections 13204 to 13206 add to any remedies available for fraud or intentional wrongdoing.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13208. The remedies available under Sections 13204 to 13206, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing. (Amended by Stats. 2022, Ch. 29, Sec. 22. (AB 1716) Effective January 1, 2023.)
  34. 13208.5.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

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    If a transferee’s actions or inaction increased the estate’s value or reduced its obligations, the personal representative must reimburse the transferee. If the transferee’s actions or inaction reduced value or increased obligations, the transferee is personally liable to the estate. The personal representative must also give a written statement explaining any reimbursement or liability.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13208.5. (a) If the transferee’s action or inaction increased the value of property returned to the estate or decreased the estate’s obligations, the personal representative shall reimburse the transferee by the same amount. Actions or inaction that increase the value of returned property or decrease the estate’s obligations include, but are not necessarily limited to, the following actions: (1) A payment toward an unsecured debt of the decedent. (2) A payment toward a debt secured against the returned property. (3) A significant improvement of the returned property that increased the fair market value of the property. (b) If the transferee’s action or inaction decreased the value of property returned to the estate or increased the estate’s obligations, the transferee is personally liable to the estate for that amount. Actions or inaction that decrease the value of the returned property or increase the estate’s obligations include, but are not necessarily limited to, the following actions or inaction: (1) An action or inaction that resulted in a lien or encumbrance being recorded against the property. (2) The receipt of income from the property, if that income would have accrued to the estate had the property not been transferred to the transferee. (c) The personal representative shall provide the transferee a written statement of any reimbursement or liability under this section, along with a statement of the reasons for the reimbursement or liability. (d) For the purposes of Section 11420, reimbursement of the transferee under subdivision (a) shall be deemed an expense of administration. (e) In the event that the transferee and the personal representative cannot agree on the reimbursement or liability due under this section, the transferee or personal representative may petition the court for an order determining the amount of the reimbursement or liability. In making a decision under this subdivision, the court should consider the surrounding circumstances, including whether the parties acted in good faith and whether a particular result would impose an unfair burden on the transferee or the estate. (Added by Stats. 2022, Ch. 29, Sec. 23. (AB 1716) Effective January 1, 2023.)
  35. 13209.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If property transferred under Sections 13205.5 or 13206 is returned to the estate, its value must be counted in the estate’s total value.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13209. If transferred property is returned to the estate under Sections 13205.5 or 13206, the value of that property shall be included in the total value of the estate, for all purposes. (Added by Stats. 2022, Ch. 29, Sec. 24. (AB 1716) Effective January 1, 2023.)
  36. 13210.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

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    This chapter’s procedure may be used only if one of the stated conditions is met.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13210. The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (a) No proceeding for the administration of the decedent’s estate is pending or has been conducted in this state. (b) The decedent’s personal representative consents in writing to use of the procedure provided by this chapter. (Added by Stats. 1991, Ch. 1055, Sec. 52.)
  37. 13211.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

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    The court may excuse a successor from all or part of the interest owed if the successor acted reasonably and in good faith and the court finds that doing so would be equitable.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Affidavit Procedure for Real Property of Small Value [13200 - 13211] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13211. If the court finds that a person designated as a successor of the decedent in a certified copy of an affidavit issued under Section 13202 has acted reasonably and in good faith under the circumstances as known to the person, the court may, in its discretion, excuse the person from liability to pay interest, in whole or in part, under paragraph (2) of subdivision (a) of Section 13206 or paragraph (2) of subdivision (c) of Section 13206, if it would be equitable to do so. (Amended by Stats. 2022, Ch. 29, Sec. 25. (AB 1716) Effective January 1, 2023.)
  38. 13500.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    If a spouse dies and property passes to the surviving spouse, the property passes to that survivor subject to later chapters, and no administration is needed.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 13500. Except as provided in this chapter, when a spouse dies intestate leaving property that passes to the surviving spouse under Section 6401, or dies testate and by his or her will devises all or a part of his or her property to the surviving spouse, the property passes to the survivor subject to the provisions of Chapter 2 (commencing with Section 13540) and Chapter 3 (commencing with Section 13550), and no administration is necessary. (Amended by Stats. 2016, Ch. 50, Sec. 89. (SB 1005) Effective January 1, 2017.)
  39. 13501.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section says certain property of a decedent is subject to administration under the Probate Code, unless an exception in the cited chapter or part applies.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 13501. Except as provided in Chapter 6 (commencing with Section 6600) of Division 6 and in Part 1 (commencing with Section 13000) of this division, the following property of the decedent is subject to administration under this code: (a) Property passing to someone other than the surviving spouse under the decedent’s will or by intestate succession. (b) Property disposed of in trust under the decedent’s will. (c) Property in which the decedent’s will limits the surviving spouse to a qualified ownership. For the purposes of this subdivision, a devise to the surviving spouse that is conditioned on the spouse surviving the decedent by a specified period of time is not a “qualified ownership” interest if the specified period of time has expired. (Enacted by Stats. 1990, Ch. 79.)
  40. 13502.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A surviving spouse or certain estate representatives may elect administration under this code for specified property, and the election must be made in writing and filed within the stated time limits.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 13502. (a) Upon the election of the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse, all or a portion of the following property may be administered under this code: (1) The one-half of the community property that belongs to the decedent under Section 100, the one-half of the quasi-community property that belongs to the decedent under Section 101, and the separate property of the decedent. (2) The one-half of the community property that belongs to the surviving spouse under Section 100 and the one-half of the quasi-community property that belongs to the surviving spouse under Section 101. (b) The election shall be made by a writing specifically evidencing the election filed in the proceedings for the administration of the estate of the deceased spouse within four months after the issuance of letters, or within any further time that the court may allow upon a showing of good cause, and before entry of an order under Section 13656. (Enacted by Stats. 1990, Ch. 79.)
  41. 13502.5.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A court may order certain property passing to a surviving spouse to be administered under this code if the decedent’s personal representative petitions and good cause is shown.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 13502.5. (a) Upon a petition by the personal representative of a decedent and a showing of good cause, the court may order that a pecuniary devise to the surviving spouse, or a fractional interest passing to the surviving spouse in any property in which the remaining fraction is subject to the administration, may be administered under this code, except to the extent that it has passed by inheritance as determined by an order pursuant to Chapter 5 (commencing with Section 13650). (b) Notice of this petition shall be given as provided in Section 1220 to the person designated in that section and to the surviving spouse. (Added by Stats. 1992, Ch. 871, Sec. 16. Effective January 1, 1993.)
  42. 13503.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A surviving spouse, or certain representatives acting for the spouse, may file an election and agreement to transfer specified community or quasi-community property to a trustee, and the filing must occur before final distribution is ordered.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 13503. (a) The surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file an election and agreement to have all or part of the one-half of the community property that belongs to the surviving spouse under Section 100 and the one-half of the quasi-community property that belongs to the surviving spouse under Section 101 transferred by the surviving spouse or the surviving spouse’s personal representative, guardian, or conservator to the trustee under the will of the deceased spouse or the trustee of an existing trust identified by the will of the deceased spouse, to be administered and distributed by the trustee. (b) The election and agreement shall be filed in the proceedings for the administration of the estate of the deceased spouse and before the entry of the order for final distribution in the proceedings. (Enacted by Stats. 1990, Ch. 79.)
  43. 13504.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If community property is held in a revocable trust under Family Code Section 761, the trust’s own death-disposition provisions control.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 13504. Notwithstanding the provisions of this part, community property held in a revocable trust described in Section 761 of the Family Code is governed by the provisions, if any, in the trust for disposition in the event of death. (Amended by Stats. 1994, Ch. 1269, Sec. 61.6. Effective January 1, 1995.)
  44. 13505.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This part applies even if the deceased spouse died before, on, or after July 1, 1987.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 13505. This part applies whether the deceased spouse died before, on, or after July 1, 1987. (Enacted by Stats. 1990, Ch. 79.)
  45. 13506.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section says that certain references to repealed Probate Code sections are treated as references to the comparable provision in this part.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [13500 - 13506] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 13506. A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 202 to 206, inclusive, of the Probate Code (as repealed by Chapter 527 of the Statutes of 1984) or former Sections 649.1 to 649.5, inclusive, or Sections 650 to 658, inclusive, of the Probate Code (as repealed by Chapter 783 of the Statutes of 1986) shall be deemed to be a reference to the comparable provision of this part. (Enacted by Stats. 1990, Ch. 79.)
  46. 13540.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Right of Surviving Spouse to Dispose of Property [13540 - 13545] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 1055, Sec. 53. )

    Verify source ↗

    After 40 days from a spouse’s death, the surviving spouse and certain estate fiduciaries may sell, lease, mortgage, or otherwise dispose of the community or quasi-community real property, except as provided in Section 13541.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Right of Surviving Spouse to Dispose of Property [13540 - 13545] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 1055, Sec. 53. ) ## 13540. (a) Except as provided in Section 13541, after 40 days from the death of a spouse, the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse has full power to sell, convey, lease, mortgage, or otherwise deal with and dispose of the community or quasi-community real property, and the right, title, and interest of any grantee, purchaser, encumbrancer, or lessee shall be free of rights of the estate of the deceased spouse or of devisees or creditors of the deceased spouse to the same extent as if the property had been owned as the separate property of the surviving spouse. (b) The surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may record, prior to or together with the instrument that makes a disposition of property under this section, an affidavit of the facts that establish the right of the surviving spouse to make the disposition. (c) Nothing in this section affects or limits the liability of the surviving spouse under Sections 13550 to 13553, inclusive, and Chapter 3.5 (commencing with Section 13560). (Amended by Stats. 1994, Ch. 806, Sec. 36. Effective January 1, 1995.)
  47. 13541.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Right of Surviving Spouse to Dispose of Property [13540 - 13545] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 1055, Sec. 53. )

    Verify source ↗

    A recorded notice meeting this section’s requirements makes Section 13540 inapplicable to later dispositions, and a person may not file such a notice to slander title.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Right of Surviving Spouse to Dispose of Property [13540 - 13545] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 1055, Sec. 53. ) ## 13541. (a) Section 13540 does not apply to a sale, conveyance, lease, mortgage, or other disposition that takes place after a notice that satisfies the requirements of this section is recorded in the office of the county recorder of the county in which real property is located. (b) The notice shall contain all of the following: (1) A description of the real property in which an interest is claimed. (2) A statement that an interest in the property is claimed by a named person under the will of the deceased spouse. (3) The name or names of the owner or owners of the record title to the property. (c) There shall be endorsed on the notice instructions that it shall be indexed by the recorder in the name or names of the owner or owners of record title to the property, as grantor or grantors, and in the name of the person claiming an interest in the property, as grantee. (d) A person shall not record a notice under this section for the purpose of slandering title to the property. If the court in an action or proceeding relating to the rights of the parties determines that a person recorded a notice under this section for the purpose of slandering title, the court shall award against the person the cost of the action or proceeding, including a reasonable attorney’s fee, and the damages caused by the recording. (Amended by Stats. 1991, Ch. 1055, Sec. 55.)
  48. 13542.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Right of Surviving Spouse to Dispose of Property [13540 - 13545] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 1055, Sec. 53. )

    Verify source ↗

    The repeal of former Section 649.2 does not affect certain real property transactions made before July 1, 1987, and those transactions stay governed by former Section 649.2.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Right of Surviving Spouse to Dispose of Property [13540 - 13545] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 1055, Sec. 53. ) ## 13542. The repeal of former Section 649.2 by Chapter 783 of the Statutes of 1986 does not affect any sale, lease, mortgage, or other transaction or disposition of real property made prior to July 1, 1987, to which that section applied, and such a sale, lease, mortgage, or other transaction or disposition shall continue to be governed by the provisions of former Section 649.2 notwithstanding the repeal of that section. (Enacted by Stats. 1990, Ch. 79.)
  49. 13545.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Right of Surviving Spouse to Dispose of Property [13540 - 13545] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 1055, Sec. 53. )

    Verify source ↗

    After a spouse dies, the surviving spouse or certain estate fiduciaries may sell, assign, pledge, or otherwise dispose of qualifying community or quasi-community property securities held in the surviving spouse’s name alone.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Right of Surviving Spouse to Dispose of Property [13540 - 13545] ( Heading of Chapter 2 amended by Stats. 1991, Ch. 1055, Sec. 53. ) ## 13545. (a) After the death of a spouse, the surviving spouse, or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse has full power to sell, assign, pledge, or otherwise deal with and dispose of community or quasi-community property securities registered in the name of the surviving spouse alone, and the right, title, and interest of any purchaser, assignee, encumbrancer, or other transferee shall be free of the rights of the estate of the deceased spouse or of devisees or creditors of the deceased spouse to the same extent as if the deceased spouse had not died. (b) Nothing in this section affects or limits the liability of a surviving spouse under Sections 13550 to 13553, inclusive, and Chapter 3.5 (commencing with Section 13560). (Added by Stats. 1991, Ch. 1055, Sec. 56.)
  50. 13550.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Liability for Debts of Deceased Spouse [13550 - 13554] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The surviving spouse is personally liable for certain debts of the deceased spouse, except as provided in listed sections.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Liability for Debts of Deceased Spouse [13550 - 13554] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13550. Except as provided in Sections 11446, 13552, 13553, and 13554, upon the death of a married person, the surviving spouse is personally liable for the debts of the deceased spouse chargeable against the property described in Section 13551 to the extent provided in Section 13551. (Enacted by Stats. 1990, Ch. 79.)
  51. 13551.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Liability for Debts of Deceased Spouse [13550 - 13554] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Section 13551 caps the liability under Section 13550 at the fair market value of the relevant property at the decedent’s death, minus liens and encumbrances.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Liability for Debts of Deceased Spouse [13550 - 13554] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13551. The liability imposed by Section 13550 shall not exceed the fair market value at the date of the decedent’s death, less the amount of any liens and encumbrances, of the total of the following: (a) The portion of the one-half of the community and quasi-community property belonging to the surviving spouse under Sections 100 and 101 that is not exempt from enforcement of a money judgment and is not administered in the estate of the deceased spouse. (b) The portion of the one-half of the community and quasi-community property belonging to the decedent under Sections 100 and 101 that passes to the surviving spouse without administration under this part. (c) The separate property of the decedent that passes to the surviving spouse without administration under this part. (Amended by Stats. 2022, Ch. 29, Sec. 26. (AB 1716) Effective January 1, 2023.)
  52. 13552.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Liability for Debts of Deceased Spouse [13550 - 13554] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If estate administration proceedings begin and claims filing has started, actions against the surviving spouse's liability are barred unless one of three listed exceptions applies.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Liability for Debts of Deceased Spouse [13550 - 13554] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13552. If proceedings are commenced in this state for the administration of the estate of the deceased spouse and the time for filing claims has commenced, any action upon the liability of the surviving spouse pursuant to Section 13550 is barred to the same extent as provided for claims under Part 4 (commencing with Section 9000) of Division 7, except as to the following: (a) Creditors who commence judicial proceedings for the enforcement of the debt and serve the surviving spouse with the complaint therein prior to the expiration of the time for filing claims. (b) Creditors who have or who secure the surviving spouse’s acknowledgment in writing of the liability of the surviving spouse for the debts. (c) Creditors who file a timely claim in the proceedings for the administration of the estate of the deceased spouse. (Enacted by Stats. 1990, Ch. 79.)
  53. 13553.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Liability for Debts of Deceased Spouse [13550 - 13554] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The surviving spouse is not liable under this chapter if all the property described in Section 13502(a)(1) and (2) is administered under this code.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Liability for Debts of Deceased Spouse [13550 - 13554] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13553. The surviving spouse is not liable under this chapter if all the property described in paragraphs (1) and (2) of subdivision (a) of Section 13502 is administered under this code. (Enacted by Stats. 1990, Ch. 79.)
  54. 13554.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Liability for Debts of Deceased Spouse [13550 - 13554] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Debt described in Section 13550 may be enforced against the surviving spouse, and the surviving spouse may raise defenses, cross-complaints, or setoffs the deceased spouse could have raised.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Liability for Debts of Deceased Spouse [13550 - 13554] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13554. (a) Except as otherwise provided in this chapter, any debt described in Section 13550 may be enforced against the surviving spouse in the same manner as it could have been enforced against the deceased spouse if the deceased spouse had not died. (b) In any action or proceeding based upon the debt, the surviving spouse may assert any defense, cross-complaint, or setoff which would have been available to the deceased spouse if the deceased spouse had not died. (c) Section 366.2 of the Code of Civil Procedure applies in an action under this section. (Amended by Stats. 1992, Ch. 178, Sec. 43. Effective January 1, 1993.)
  55. 13560.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3.5. Liability for Decedent’s Property [13560 - 13565] ( Chapter 3.5 added by Stats. 1991, Ch. 1055, Sec. 57. )

    Verify source ↗

    This section defines “decedent’s property” for this chapter.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3.5. Liability for Decedent’s Property [13560 - 13565] ( Chapter 3.5 added by Stats. 1991, Ch. 1055, Sec. 57. ) ## 13560. For the purposes of this chapter, “decedent’s property” means the one-half of the community property that belongs to the decedent under Section 100 and the one-half of the quasi-community property that belongs to the decedent under Section 101. (Added by Stats. 1991, Ch. 1055, Sec. 57.)
  56. 13561.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3.5. Liability for Decedent’s Property [13560 - 13565] ( Chapter 3.5 added by Stats. 1991, Ch. 1055, Sec. 57. )

    Verify source ↗

    If the surviving spouse has the decedent’s property at death, the spouse can be personally liable to a person with a superior testate right, and any action to impose that liability must be brought within three years after death.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3.5. Liability for Decedent’s Property [13560 - 13565] ( Chapter 3.5 added by Stats. 1991, Ch. 1055, Sec. 57. ) ## 13561. (a) If the decedent’s property is in the possession or control of the surviving spouse at the time of the decedent’s death, the surviving spouse is personally liable to the extent provided in Section 13563 to any person having a superior right by testate succession from the decedent. (b) An action to impose liability under this section is forever barred three years after the death of the decedent. The three-year period specified in this subdivision is not tolled for any reason. (Added by Stats. 1991, Ch. 1055, Sec. 57.)
  57. 13562.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3.5. Liability for Decedent’s Property [13560 - 13565] ( Chapter 3.5 added by Stats. 1991, Ch. 1055, Sec. 57. )

    Verify source ↗

    If estate administration begins, the surviving spouse may have to restore the decedent’s property or its value, plus specified income and 7% interest, and only the personal representative may sue to enforce it.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3.5. Liability for Decedent’s Property [13560 - 13565] ( Chapter 3.5 added by Stats. 1991, Ch. 1055, Sec. 57. ) ## 13562. (a) Subject to subdivisions (b), (c), and (d), if proceedings for the administration of the decedent’s estate are commenced, the surviving spouse is liable for: (1) The restitution to the decedent’s estate of the decedent’s property if the surviving spouse still has the decedent’s property, together with (A) the net income the surviving spouse received from the decedent’s property and (B) if the surviving spouse encumbered the decedent’s property after the date of death, the amount necessary to satisfy the balance of the encumbrance as of the date the decedent’s property is restored to the estate. (2) The restitution to the decedent’s estate of the fair market value of the decedent’s property if the surviving spouse no longer has the decedent’s property, together with (A) the net income the surviving spouse received from the decedent’s property prior to disposing of it and (B) interest from the date of disposition at the rate of 7 percent per annum on the fair market value of the decedent’s property. For the purposes of this paragraph, the “fair market value of the decedent’s property” is the fair market value of the decedent’s property, determined as of the time of the disposition of the decedent’s property, less the amount of any liens and encumbrances on the decedent’s property at the time of the decedent’s death. (b) Subject to subdivision (c), if proceedings for the administration of the decedent’s estate are commenced and the surviving spouse made a significant improvement to the decedent’s property in the good faith belief that the surviving spouse was the successor of the decedent to the decedent’s property, the surviving spouse is liable for whichever of the following the decedent’s estate elects: (1) The restitution of the decedent’s property, as improved, to the estate of the decedent upon the condition that the estate reimburse the surviving spouse for (A) the amount by which the improvement increases the fair market value of the decedent’s property restored, valued as of the time of restitution, and (B) the amount paid by the surviving spouse for principal and interest on any liens or encumbrances that were on the decedent’s property at the time of the decedent’s death. (2) The restoration to the decedent’s estate of the fair market value of the decedent’s property, valued as of the time of the decedent’s death, excluding the amount of any liens and encumbrances on the decedent’s property at that time, together with interest on the net amount at the rate of 7 percent per annum running from the date of the decedent’s death. (c) The property and amount required to be restored to the estate under this section shall be reduced by any property or amount paid by the surviving spouse to satisfy a liability under Chapter 3 (commencing with Section 13550). (d) An action to enforce the liability under this section may be brought only by the personal representative of the estate of the decedent. Whether or not the personal representative brings an action under this section, the personal representative may enforce the liability only to the extent necessary to protect the interests of the heirs, devisees, and creditors of the decedent. (e) An action to enforce the liability under this section is forever barred three years after the death of the decedent. The three-year period specified in this subdivision is not tolled for any reason. (Amended by Stats. 2019, Ch. 122, Sec. 17. (AB 473) Effective January 1, 2020.)
  58. 13563.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3.5. Liability for Decedent’s Property [13560 - 13565] ( Chapter 3.5 added by Stats. 1991, Ch. 1055, Sec. 57. )

    Verify source ↗

    The surviving spouse is not liable under Section 13561 if probate administration starts and the spouse meets Section 13562’s requirements.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3.5. Liability for Decedent’s Property [13560 - 13565] ( Chapter 3.5 added by Stats. 1991, Ch. 1055, Sec. 57. ) ## 13563. (a) The surviving spouse is not liable under Section 13561 if proceedings for the administration of the decedent’s estate are commenced and the surviving spouse satisfies the requirements of Section 13562. (b) The aggregate of the personal liability of the surviving spouse under Section 13561 shall not exceed the sum of the following: (1) The fair market value at the time of the decedent’s death, less the amount of any liens and encumbrances on the decedent’s property at that time, of the portion of the decedent’s property that passes to any person having a superior right by testate succession from the decedent. (2) The net income the surviving spouse received from the portion of the decedent’s property that passes to any person having a superior right by testate succession from the decedent. (3) If the decedent’s property has been disposed of, interest on the fair market value of the portion of the decedent’s property that passes to any person having a superior right by testate succession from the decedent from the date of disposition at the rate of 7 percent per annum. For the purposes of this paragraph, “fair market value” is fair market value, determined as of the time of disposition of the decedent’s property, less the amount of any liens and encumbrances on the decedent’s property at the time of the decedent’s death. (Amended by Stats. 2019, Ch. 122, Sec. 18. (AB 473) Effective January 1, 2020.)
  59. 13564.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3.5. Liability for Decedent’s Property [13560 - 13565] ( Chapter 3.5 added by Stats. 1991, Ch. 1055, Sec. 57. )

    Verify source ↗

    Remedies under Sections 13561 to 13563 are additional to any remedies available for fraud or intentional wrongdoing.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3.5. Liability for Decedent’s Property [13560 - 13565] ( Chapter 3.5 added by Stats. 1991, Ch. 1055, Sec. 57. ) ## 13564. The remedies available under Sections 13561 to 13563, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing. (Added by Stats. 1991, Ch. 1055, Sec. 57.)
  60. 13565.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3.5. Liability for Decedent’s Property [13560 - 13565] ( Chapter 3.5 added by Stats. 1991, Ch. 1055, Sec. 57. )

    Verify source ↗

    The court may excuse a surviving spouse from paying interest, in whole or in part, if the spouse acted reasonably and in good faith and excusing payment would be equitable.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3.5. Liability for Decedent’s Property [13560 - 13565] ( Chapter 3.5 added by Stats. 1991, Ch. 1055, Sec. 57. ) ## 13565. If the court finds that the surviving spouse has acted reasonably and in good faith under the circumstances as known to the surviving spouse, the court may, in its discretion, excuse the surviving spouse from liability to pay interest, in whole or in part, under paragraph (2) of subdivision (a) of Section 13562, paragraph (2) of subdivision (b) of Section 13562, or paragraph (3) of subdivision (b) of Section 13563, if it would be equitable to do so. (Added by Stats. 2019, Ch. 122, Sec. 19. (AB 473) Effective January 1, 2020.)
  61. 13600.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse [13600 - 13606] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A surviving spouse, or the spouse’s guardian or conservator, may collect the deceased spouse’s unpaid salary or other compensation without probate or letters of administration, up to a stated dollar cap, unless the firefighter/peace officer exception applies.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse [13600 - 13606] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 13600. (a) At any time after a spouse dies, the surviving spouse or the guardian or conservator of the estate of the surviving spouse may, without procuring letters of administration or awaiting probate of the will, collect salary or other compensation owed by an employer for personal services of the deceased spouse, including compensation for unused vacation, not in excess of sixteen thousand six hundred twenty-five dollars ($16,625), as adjusted periodically in accordance with Section 890, net. (b) Not more than sixteen thousand six hundred twenty-five dollars ($16,625), as adjusted periodically in accordance with Section 890, net in the aggregate may be collected by or for the surviving spouse under this chapter from all of the employers of the decedent. (c) For the purposes of this chapter, a guardian or conservator of the estate of the surviving spouse may act on behalf of the surviving spouse without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. (d) The dollar limit set forth in subdivisions (a) and (b) does not apply to the surviving spouse or the guardian or conservator of the estate of the surviving spouse of a firefighter or peace officer described in subdivision (a) of Section 22820 of the Government Code. (Amended by Stats. 2019, Ch. 122, Sec. 20. (AB 473) Effective January 1, 2020.)
  62. 13601.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse [13600 - 13606] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    To collect a deceased spouse’s compensation, the claimant must give the employer an affidavit or declaration under penalty of perjury, and provide required identity and appointment proof.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse [13600 - 13606] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 13601. (a) To collect salary or other compensation under this chapter, an affidavit or a declaration under penalty of perjury under the laws of this state shall be furnished to the employer of the deceased spouse stating all of the following: (1) The name of the decedent. (2) The date and place of the decedent’s death. (3) Either of the following, as appropriate: (A) “The affiant or declarant is the surviving spouse of the decedent.” (B) “The affiant or declarant is the guardian or conservator of the estate of the surviving spouse of the decedent.” (4) “The surviving spouse of the decedent is entitled to the earnings of the decedent under the decedent’s will or by intestate succession and no one else has a superior right to the earnings.” (5) “No proceeding is now being or has been conducted in California for administration of the decedent’s estate.” (6) “Sections 13600 to 13605, inclusive, of the California Probate Code require that the earnings of the decedent, including compensation for unused vacation, not in excess of [Insert dollar amount specified in subdivision (e) of Section 13601 of the California Probate Code] net, be paid promptly to the affiant or declarant.” (7) “Neither the surviving spouse, nor anyone acting on behalf of the surviving spouse, has a pending request to collect compensation owed by another employer for personal services of the decedent under Sections 13600 to 13605, inclusive, of the California Probate Code.” (8) “Neither the surviving spouse, nor anyone acting on behalf of the surviving spouse, has collected any compensation owed by an employer for personal services of the decedent under Sections 13600 to 13605, inclusive, of the California Probate Code except the sum of ____ dollars ($____) that was collected from ____.” (9) “The affiant or declarant requests that the affiant or declarant be paid the salary or other compensation owed by you for personal services of the decedent, including compensation for unused vacation, not to exceed [Insert dollar amount specified in subdivision (e) of Section 13601 of the California Probate Code] net, less the amount of ____ dollars ($____) that was previously collected.” (10) “The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” (b) Where the decedent is a firefighter or peace officer described in subdivision (a) of Section 22820 of the Government Code, the affidavit or declaration need not include the content specified in paragraphs (6) to (9), inclusive, of subdivision (a). The affidavit shall instead include the following statements: (1) “The decedent was a firefighter or peace officer described in subdivision (a) of Section 22820 of the Government Code. Sections 13600 to 13605, inclusive, of the California Probate Code require that the earnings of the decedent, including compensation for unused vacation, be paid promptly to the affiant or declarant.” (2) “The affiant or declarant requests to be paid the salary or other compensation owed by you for personal services of the decedent, including compensation for unused vacation.” (c) Reasonable proof of the identity of the surviving spouse shall be provided to the employer. If a guardian or conservator is acting for the surviving spouse, reasonable proof of the identity of the guardian or conservator shall also be provided to the employer. Proof of identity that is sufficient under Section 13104 is sufficient proof of identity for the purposes of this subdivision. (d) If a person presenting the affidavit or declaration is a person claiming to be the guardian or conservator of the estate of the surviving spouse, the employer shall be provided with reasonable proof, satisfactory to the employer, of the appointment of the person to act as guardian or conservator of the estate of the surviving spouse. (e) (1) When the decedent dies prior to April 1, 2022, the dollar amount for paragraphs (6) and (9) of subdivision (a) is sixteen thousand six hundred twenty-five dollars ($16,625). (2) When the decedent dies on or after April 1, 2022, the dollar amount for paragraphs (6) and (9) of subdivision (a) is the adjusted dollar amount, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death. The affiant or declarant shall attach the list of adjusted dollar amounts, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death to the affidavit or declaration. (Amended by Stats. 2019, Ch. 122, Sec. 21. (AB 473) Effective January 1, 2020.)
  63. 13602.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse [13600 - 13606] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If Section 13600’s requirements are met, the employer that receives the affidavit or declaration must promptly pay the decedent’s earnings, including unused vacation compensation, to the person who presented it.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse [13600 - 13606] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 13602. If the requirements of Section 13600 are satisfied, the employer to whom the affidavit or declaration is presented shall promptly pay the earnings of the decedent, including compensation for unused vacation, as provided in Section 13600, to the person presenting the affidavit or declaration. (Amended by Stats. 2019, Ch. 122, Sec. 22. (AB 473) Effective January 1, 2020.)
  64. 13603.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse [13600 - 13606] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If Section 13601’s requirements are met, the employer’s receipt of the affidavit or declaration is enough to discharge payment liability, and the employer may rely on the statements in it without checking their truth.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse [13600 - 13606] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 13603. If the requirements of Section 13601 are satisfied, receipt by the employer of the affidavit or declaration constitutes sufficient acquittance for the compensation paid pursuant to this chapter and discharges the employer from any further liability with respect to the compensation paid. The employer may rely in good faith on the statements in the affidavit or declaration and has no duty to inquire into the truth of any statement in the affidavit or declaration. (Enacted by Stats. 1990, Ch. 79.)
  65. 13604.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse [13600 - 13606] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If an employer refuses to pay as required, the surviving spouse may sue to recover the amount owed, and the court must award reasonable attorney’s fees if the employer’s refusal was unreasonable.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse [13600 - 13606] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 13604. (a) If the employer refuses to pay as required by this chapter, the surviving spouse may recover the amount the surviving spouse is entitled to receive under this chapter in an action brought for that purpose against the employer. (b) If an action is brought against the employer under this section, the court shall award reasonable attorney’s fees to the surviving spouse if the court finds that the employer acted unreasonably in refusing to pay as required by this chapter. (Enacted by Stats. 1990, Ch. 79.)
  66. 13605.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse [13600 - 13606] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section preserves the heirs’ or devisees’ rights and says payment under this chapter does not block later estate administration. It also makes payment recipients accountable to the estate’s personal representative and liable to anyone with a superior right; fraudulently obtaining payment triggers triple liability.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse [13600 - 13606] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 13605. (a) Nothing in this chapter limits the rights of the heirs or devisees of the deceased spouse. Payment of a decedent’s compensation pursuant to this chapter does not preclude later proceedings for administration of the decedent’s estate. (b) Any person to whom payment is made under this chapter is answerable and accountable therefor to the personal representative of the decedent’s estate and is liable for the amount of the payment to any other person having a superior right to the payment received. In addition to any other liability the person has under this section, a person who fraudulently secures a payment under this chapter is liable to a person having a superior right to the payment for three times the amount of the payment. (Enacted by Stats. 1990, Ch. 79.)
  67. 13606.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse [13600 - 13606] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The chapter’s affidavit procedure is an additional way to collect compensation owed to a decedent, not the only way.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Collection by Affidavit of Compensation Owed to Deceased Spouse [13600 - 13606] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 13606. The procedure provided in this chapter is in addition to, and not in lieu of, any other method of collecting compensation owed to a decedent. (Enacted by Stats. 1990, Ch. 79.)
  68. 13650.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Certain surviving spouses and their representatives may ask the superior court to say estate administration is unnecessary, and may also ask to confirm the surviving spouse’s ownership of property.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13650. (a) A surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file a petition in the superior court of the county in which the estate of the deceased spouse may be administered requesting an order that administration of all or part of the estate is not necessary for the reason that all or part of the estate is property passing to the surviving spouse. The petition may also request an order confirming the ownership of the surviving spouse of property belonging to the surviving spouse under Section 100 or 101. (b) To the extent of the election, this section does not apply to property that the petitioner has elected, as provided in Section 13502, to have administered under this code. (c) A guardian or conservator may file a petition under this section without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. (Enacted by Stats. 1990, Ch. 79.)
  69. 13651.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A petitioner under Section 13650 must include specified facts and documents in the petition about property passing to a surviving spouse.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13651. (a) A petition filed pursuant to Section 13650 shall allege that administration of all or a part of the estate of the deceased spouse is not necessary for the reason that all or a part of the estate is property passing to the surviving spouse, and shall set forth all of the following information: (1) If proceedings for the administration of the estate are not pending, the facts necessary to determine the county in which the estate of the deceased spouse may be administered. (2) A description of the property of the deceased spouse which the petitioner alleges is property passing to the surviving spouse, including the trade or business name of any property passing to the surviving spouse that consists of an unincorporated business or an interest in an unincorporated business which the deceased spouse was operating or managing at the time of death, subject to any written agreement between the deceased spouse and the surviving spouse providing for a non pro rata division of the aggregate value of the community property assets or quasi-community assets, or both. (3) The facts upon which the petitioner bases the allegation that all or a part of the estate of the deceased spouse is property passing to the surviving spouse. (4) A description of any interest in the community property or quasi-community property, or both, which the petitioner requests the court to confirm to the surviving spouse as belonging to the surviving spouse pursuant to Section 100 or 101, subject to any written agreement between the deceased spouse and the surviving spouse providing for a non pro rata division of the aggregate value of the community property assets or quasi-community assets, or both. (5) The name, age, address, and relation to the deceased spouse of each heir and devisee of the deceased spouse, the names and addresses of all persons named as executors of the will of the deceased spouse, and the names and addresses of all persons appointed as personal representatives of the deceased spouse, which are known to the petitioner. Disclosure of any written agreement between the deceased spouse and the surviving spouse providing for a non pro rata division of the aggregate value of the community property assets or quasi-community property assets, or both, or the affirmative statement that this agreement does not exist. If a dispute arises as to the division of the community property assets or quasi-community property assets, or both, pursuant to this agreement, the court shall determine the division subject to terms and conditions or other remedies that appear equitable under the circumstances of the case, taking into account the rights of all interested persons. (b) If the petitioner bases the allegation that all or part of the estate of the deceased spouse is property passing to the surviving spouse upon the will of the deceased spouse, a copy of the will shall be attached to the petition. (c) If the petitioner bases the description of the property of the deceased spouse passing to the surviving spouse or the property to be confirmed to the surviving spouse, or both, upon a written agreement between the deceased spouse and the surviving spouse providing for a non pro rata division of the aggregate value of the community property assets or quasi-community assets, or both, a copy of the agreement shall be attached to the petition. (Amended by Stats. 1998, Ch. 682, Sec. 6. Effective January 1, 1999.)
  70. 13652.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If estate-administration proceedings are already pending, a petition under this chapter must be filed in those proceedings without paying an additional fee.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13652. If proceedings for the administration of the estate of the deceased spouse are pending, a petition under this chapter shall be filed in those proceedings without the payment of an additional fee. (Enacted by Stats. 1990, Ch. 79.)
  71. 13653.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If probate or estate administration is not already pending for the deceased spouse, a petition under this chapter may be filed together with a probate or administration petition, but it is not required.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13653. If proceedings for the administration of the estate of the deceased spouse are not pending, a petition under this chapter may, but need not, be filed with a petition for probate of the will of the deceased spouse or for administration of the estate of the deceased spouse. (Enacted by Stats. 1990, Ch. 79.)
  72. 13654.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Filing a petition under this chapter does not stop the court from admitting the deceased spouse’s will to probate or appointing a personal representative.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13654. The filing of a petition under this chapter does not preclude the court from admitting the will of the deceased spouse to probate or appointing a personal representative of the estate of the deceased spouse upon the petition of any person legally entitled, including any petition for probate of the will or for administration of the estate which is filed with a petition filed under this chapter. (Enacted by Stats. 1990, Ch. 79.)
  73. 13655.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A person filing this petition must give hearing notice to the persons listed in the section, and in some charitable-will cases must also deliver notice to the Attorney General in Sacramento.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13655. (a) If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter, or if the proceedings are not pending and if the petition filed under this chapter is not filed with a petition for probate of the deceased spouse’s will or for administration of the estate of the deceased spouse, notice of the hearing on the petition filed under this chapter shall be given as provided in Section 1220 to all of the following persons: (1) Each person listed in Section 1220 and each person named as executor in any will of the deceased spouse. (2) All devisees and known heirs of the deceased spouse and, if the petitioner is the trustee of a trust that is a devisee under the will of the decedent, all persons interested in the trust, as determined in cases of future interests pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 15804. (b) The notice specified in subdivision (a) shall also be delivered as provided in subdivision (a) to the Attorney General, addressed to the office of the Attorney General at Sacramento, if the petitioner bases the allegation that all or part of the estate of the deceased spouse is property passing to the surviving spouse upon the will of the deceased spouse and the will involves or may involve either of the following: (1) A testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee, resident in this state. (2) A devise for a charitable purpose without an identified devisee or beneficiary. (Amended by Stats. 2017, Ch. 319, Sec. 85. (AB 976) Effective January 1, 2018.)
  74. 13656.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

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    The court must issue orders about property passing to a surviving spouse, and may issue extra orders to deliver or confirm the property.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13656. (a) If the court finds that all of the estate of the deceased spouse is property passing to the surviving spouse, the court shall issue an order describing the property, determining that the property is property passing to the surviving spouse, and determining that no administration is necessary. The court may issue any further orders which may be necessary to cause delivery of the property or its proceeds to the surviving spouse. (b) If the court finds that all or part of the estate of the deceased spouse is not property passing to the surviving spouse, the court shall issue an order (1) describing any property which is not property passing to the surviving spouse, determining that that property does not pass to the surviving spouse and determining that that property is subject to administration under this code and (2) describing the property, if any, which is property passing to the surviving spouse, determining that that property passes to the surviving spouse, and determining that no administration of that property is necessary. If the court determines that property passes to the surviving spouse, the court may issue any further orders which may be necessary to cause delivery of that property or its proceeds to the surviving spouse. (c) If the petition filed under this chapter includes a description of the interest of the surviving spouse in the community or quasi-community property, or both, which belongs to the surviving spouse pursuant to Section 100 or 101 and the court finds that the interest belongs to the surviving spouse, the court shall issue an order describing the property and confirming the ownership of the surviving spouse and may issue any further orders which may be necessary to cause ownership of the property to be confirmed in the surviving spouse. (Enacted by Stats. 1990, Ch. 79.)
  75. 13657.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    When an order under Section 13656 becomes final, it is conclusive on all persons.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13657. Upon becoming final, an order under Section 13656 (1) determining that property is property passing to the surviving spouse or (2) confirming the ownership of the surviving spouse of property belonging to the surviving spouse under Section 100 or 101 shall be conclusive on all persons, whether or not they are in being. (Enacted by Stats. 1990, Ch. 79.)
  76. 13658.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If the court finds the property includes an unincorporated business, the surviving spouse must file a list of known creditors and amounts owed, and the court may order measures to protect those creditors.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13658. If the court determines that all or a part of the property passing to the surviving spouse consists of an unincorporated business or an interest in an unincorporated business which the deceased spouse was operating or managing at the time of death, the court shall require the surviving spouse to file a list of all of the known creditors of the business and the amounts owing to each of them. The court may issue any order necessary to protect the interests of the creditors of the business, including, but not limited to, the filing of (1) an undertaking and (2) an inventory and appraisal in the form provided in Section 8802 and made as provided in Part 3 (commencing with Section 8800) of Division 7. (Enacted by Stats. 1990, Ch. 79.)
  77. 13659.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    In a proceeding under this chapter, no inventory and appraisal of the deceased spouse’s estate is required unless Section 13658 applies.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13659. Except as provided in Section 13658, no inventory and appraisal of the estate of the deceased spouse is required in a proceeding under this chapter. However, within three months after the filing of a petition under this chapter, or within such further time as the court or judge for reasonable cause may allow, the petitioner may file with the clerk of the court an inventory and appraisal made as provided in Part 3 (commencing with Section 8800) of Division 7. The petitioner may appraise the assets which a personal representative could appraise under Section 8901. (Enacted by Stats. 1990, Ch. 79.)
  78. 13660.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Attorney fees for services under this chapter are set by private agreement and are not subject to court approval.

    ## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION [13500 - 13660] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Determination or Confirmation of Property Passing or Belonging to Surviving Spouse [13650 - 13660] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 13660. The attorney’s fees for services performed in connection with the filing of a petition and obtaining of a court order under this chapter shall be determined by private agreement between the attorney and the client and are not subject to approval by the court. If there is no agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining of a court order under this chapter and there is a dispute concerning the reasonableness of the attorney’s fees for those services, a petition may be filed with the court in the same proceeding requesting that the court determine the reasonableness of the attorney’s fees for those services. If there is an agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the meaning of the agreement, a petition may be filed with the court in the same proceeding requesting that the court determine the dispute. (Enacted by Stats. 1990, Ch. 79.)
  79. 140.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “waiver” for this chapter as a surviving spouse’s waiver of certain rights listed in Section 141, whether signed before or during marriage.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 140. As used in this chapter, “waiver” means a waiver by the surviving spouse of any of the rights listed in subdivision (a) of Section 141, whether signed before or during marriage. (Enacted by Stats. 1990, Ch. 79.)
  80. 1400.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section says the specified parts of the division may be cited as the Guardianship-Conservatorship Law.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1400. The portion of this division consisting of Part 1 (commencing with Section 1400), Part 2 (commencing with Section 1500), Part 3 (commencing with Section 1800), and Part 4 (commencing with Section 2100) may be cited as the Guardianship-Conservatorship Law. (Enacted by Stats. 1990, Ch. 79.)
  81. 1401.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Definitions in this chapter govern how this division is interpreted, unless the provision or context requires otherwise.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1401. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. (Enacted by Stats. 1990, Ch. 79.)
  82. 1403.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “Absentee” is defined as either a missing-status uniformed service member or a missing-status federal employee covered by the cited federal laws.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1403. “Absentee” means either of the following: (a) A member of a uniformed service covered by United States Code, Title 37, Chapter 10, who is determined thereunder by the secretary concerned, or by the authorized delegate thereof, to be in missing status as missing status is defined therein. (b) An employee of the United States government or an agency thereof covered by United States Code, Title 5, Chapter 55, Subchapter VII, who is determined thereunder by the head of the department or agency concerned, or by the authorized delegate thereof, to be in missing status as missing status is defined therein. (Enacted by Stats. 1990, Ch. 79.)
  83. 141.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A surviving spouse may waive, in whole or in part, the listed death-related rights under this chapter.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 141. (a) The right of a surviving spouse to any of the following may be waived in whole or in part by a waiver under this chapter: (1) Property that would pass from the decedent by intestate succession. (2) Property that would pass from the decedent by testamentary disposition in a will executed before the waiver. (3) A probate homestead. (4) The right to have exempt property set aside. (5) Family allowance. (6) The right to have an estate set aside under Chapter 6 (commencing with Section 6600) of Part 3 of Division 6. (7) The right to elect to take community or quasi-community property against the decedent’s will. (8) The right to take the statutory share of an omitted spouse. (9) The right to be appointed as the personal representative of the decedent’s estate. (10) An interest in property that is the subject of a nonprobate transfer on death under Part 1 (commencing with Section 5000) of Division 5. (b) Nothing in this chapter affects or limits the waiver or manner of waiver of rights other than those referred to in subdivision (a), including, but not limited to, the right to property that would pass from the decedent to the surviving spouse by nonprobate transfer upon the death of the decedent, such as the survivorship interest under a joint tenancy, a Totten trust account, or a pay-on-death account. (Amended by Stats. 1992, Ch. 51, Sec. 2. Effective January 1, 1993.)
  84. 1418.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    In guardianship or conservatorship matters, “court” means the court where the proceeding is pending.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1418. “Court,” when used in connection with matters in the guardianship or conservatorship proceeding, means the court in which such proceeding is pending. (Enacted by Stats. 1990, Ch. 79.)
  85. 1419.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “court investigator” as the person referred to in Section 1454.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1419. “Court investigator” means the person referred to in Section 1454. (Enacted by Stats. 1990, Ch. 79.)
  86. 1419.5.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Defines “custodial parent” for this chapter.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1419.5. “Custodial parent” means the parent who either (a) has been awarded sole legal and physical custody of the child in another proceeding, or (b) with whom the child resides if there is currently no operative custody order. If the child resides with both parents, then they are jointly the custodial parent. (Added by Stats. 1993, Ch. 978, Sec. 1. Effective January 1, 1994.)
  87. 142.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A waiver under this chapter must be written and signed by the surviving spouse, and it is enforceable only if it also meets subdivision (a) and is enforceable under Section 143 or 144.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 142. (a) A waiver under this chapter shall be in writing and shall be signed by the surviving spouse. (b) Subject to subdivision (c), a waiver under this chapter is enforceable only if it satisfies the requirements of subdivision (a) and is enforceable under either Section 143 or Section 144. (c) Enforcement of the waiver against the surviving spouse is subject to the same defenses as enforcement of a contract, except that: (1) Lack of consideration is not a defense to enforcement of the waiver. (2) A minor intending to marry may make a waiver under this chapter as if married, but the waiver becomes effective only upon the marriage. (Enacted by Stats. 1990, Ch. 79.)
  88. 1420.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “developmental disability” and lists included and excluded conditions.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1420. “Developmental disability” means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial handicap for the individual. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term includes intellectual disability, cerebral palsy, epilepsy, and autism. This term also includes handicapping conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but does not include other handicapping conditions that are solely physical in nature. (Amended by Stats. 2012, Ch. 457, Sec. 44. (SB 1381) Effective January 1, 2013.)
  89. 1424.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “interested person” to include certain interested government entities and public officers or employees.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1424. “Interested person” includes, but is not limited to: (a) Any interested state, local, or federal entity or agency. (b) Any interested public officer or employee of this state or of a local public entity of this state or of the federal government. (Enacted by Stats. 1990, Ch. 79.)
  90. 143.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A waiver is enforceable unless the surviving spouse proves lack of required disclosure or lack of independent legal counsel, subject to Section 142.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 143. (a) Subject to Section 142, a waiver is enforceable under this section unless the surviving spouse proves either of the following: (1) A fair and reasonable disclosure of the property or financial obligations of the decedent was not provided to the surviving spouse prior to the signing of the waiver unless the surviving spouse waived such a fair and reasonable disclosure after advice by independent legal counsel. (2) The surviving spouse was not represented by independent legal counsel at the time of signing of the waiver. (b) Subdivision (b) of Section 721 of the Family Code does not apply if the waiver is enforceable under this section. (Amended by Stats. 1992, Ch. 163, Sec. 120. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  91. 1430.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “Petition” includes an application or request in the nature of a petition.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1430. “Petition” includes an application or request in the nature of a petition. (Enacted by Stats. 1990, Ch. 79.)
  92. 1431.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A proceeding to establish a limited conservatorship includes proceedings to modify or revoke the powers or duties of a limited conservator.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1431. “Proceedings to establish a limited conservatorship” include proceedings to modify or revoke the powers or duties of a limited conservator. (Enacted by Stats. 1990, Ch. 79.)
  93. 144.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A waiver is enforceable if the court finds either a fair and reasonable disposition at signing or that the surviving spouse had adequate knowledge and the decedent did not violate the stated Family Code duty. If enforcement would be unconscionable, the court may refuse enforcement, enforce the rest, or limit the unconscionable parts.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 144. (a) Except as provided in subdivision (b), subject to Section 142, a waiver is enforceable under this section if the court determines either of the following: (1) The waiver at the time of signing made a fair and reasonable disposition of the rights of the surviving spouse. (2) The surviving spouse had, or reasonably should have had, an adequate knowledge of the property and financial obligations of the decedent and the decedent did not violate the duty imposed by subdivision (b) of Section 721 of the Family Code. (b) If, after considering all relevant facts and circumstances, the court finds that enforcement of the waiver pursuant to subdivision (a) would be unconscionable under the circumstances existing at the time enforcement is sought, the court may refuse to enforce the waiver, enforce the remainder of the waiver without the unconscionable provisions, or limit the application of the unconscionable provisions to avoid an unconscionable result. (c) Except as provided in paragraph (2) of subdivision (a), subdivision (b) of Section 721 of the Family Code does not apply if the waiver is enforceable under this section. (Amended by Stats. 1992, Ch. 163, Sec. 121. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  94. 1440.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “Secretary concerned” by referring to the meaning in United States Code, Title 37, Section 101.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1440. “Secretary concerned” has the same meaning as provided in United States Code, Title 37, Section 101. (Enacted by Stats. 1990, Ch. 79.)
  95. 1446.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    This section defines “single-premium deferred annuity.”

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1446. “Single-premium deferred annuity” means an annuity offered by an admitted life insurer for the payment of a one-time lump-sum premium and for which the insurer neither assesses any initial charges or administrative fees against the premium paid nor exacts or assesses any penalty for withdrawal of any funds by the annuitant after a period of five years. (Enacted by Stats. 1990, Ch. 79.)
  96. 1449.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    This section defines several Indian child welfare terms and requires the court to decide, in writing, which tribe counts as the child’s tribe when the child has ties to more than one tribe.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [1400 - 1449] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1449. (a) As used in this division, unless the context otherwise requires, the terms “Indian,” “Indian child,” “Indian child’s tribe,” “Indian custodian,” “Indian tribe,” “reservation,” and “tribal court” shall be defined as provided in Section 1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (b) When used in connection with an Indian child custody proceeding, the terms “extended family member” and “parent” shall be defined as provided in Section 1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (c) “Indian child custody proceeding” means a “child custody proceeding” within the meaning of Section 1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), including a voluntary or involuntary proceeding that may result in an Indian child’s temporary or long-term foster care or guardianship placement if the parent or Indian custodian cannot have the child returned upon demand, termination of parental rights or adoptive placement. (d) When an Indian child is a member of more than one tribe or is eligible for membership in more than one tribe, the court shall make a determination, in writing together with the reasons for it, as to which tribe is the Indian child’s tribe for purposes of the Indian child custody proceeding. The court shall make that determination as follows: (1) If the Indian child is or becomes a member of only one tribe, that tribe shall be designated as the Indian child’s tribe, even though the child is eligible for membership in another tribe. (2) If an Indian child is or becomes a member of more than one tribe, or is not a member of any tribe but is eligible for membership in more than one tribe, the tribe with which the child has the more significant contacts shall be designated as the Indian child’s tribe. In determining which tribe the child has the more significant contacts with, the court shall consider, among other things, the following factors: (A) The length of residence on or near the reservation of each tribe and frequency of contact with each tribe. (B) The child’s participation in activities of each tribe. (C) The child’s fluency in the language of each tribe. (D) Whether there has been a previous adjudication with respect to the child by a court of one of the tribes. (E) The residence on or near one of the tribes’ reservations by the child parents, Indian custodian, or extended family members. (F) Tribal membership of custodial parent or Indian custodian. (G) Interest asserted by each tribe in response to the notice specified in Section 1460.2. (H) The child’s self-identification. (3) If an Indian child becomes a member of a tribe other than the one designated by the court as the Indian child’s tribe under paragraph (2), actions taken based on the court’s determination prior to the child’s becoming a tribal member shall continue to be valid. (Added by Stats. 2006, Ch. 838, Sec. 16. Effective January 1, 2007.)
  97. 145.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    This section says that, unless the waiver or property settlement says otherwise, a spouse’s waiver of “all rights” to a present or prospective spouse’s property or estate counts as a waiver of the rights listed in Section 141(a).

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 145. Unless the waiver or property settlement provides to the contrary, a waiver under this chapter of “all rights” (or equivalent language) in the property or estate of a present or prospective spouse, or a complete property settlement entered into after or in anticipation of separation or dissolution or annulment of marriage, is a waiver by the spouse of the rights described in subdivision (a) of Section 141. (Enacted by Stats. 1990, Ch. 79.)
  98. 1452.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    Except where this division specifically says otherwise, there is no right to a jury trial in proceedings under this division.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1452. Except as otherwise specifically provided in this division, there is no right to trial by jury in proceedings under this division. (Enacted by Stats. 1990, Ch. 79.)
  99. 1453.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A motion for a new trial may be made only when this division expressly grants a right to jury trial.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1453. A motion for a new trial may be made only in cases in which, under the provisions of this division, a right to jury trial is expressly granted, whether or not the case was tried by a jury. (Enacted by Stats. 1990, Ch. 79.)
  100. 1454.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    When required in a proceeding under this division, the court must appoint a court investigator. The investigator must be a court officer or special appointee without a personal or other beneficial interest, and must have specified training, experience, and legal knowledge.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1454. (a) The court shall appoint a court investigator when one is required for the purposes of a proceeding under this division. The person appointed as the court investigator shall be an officer or special appointee of the court with no personal or other beneficial interest in the proceeding. (b) The person appointed as the court investigator shall have the following qualifications: (1) The training or experience, or both, necessary (i) to make the investigations required under this division, (ii) to communicate with, assess, and deal with persons who are or may be the subject of proceedings under this division, and (iii) to perform the other duties required of a court investigator. (2) A demonstrated sufficient knowledge of law so as to be able to inform conservatees and proposed conservatees of the nature and effect of a conservatorship proceeding and of their rights, to answer their questions, and to inform conservators concerning their powers and duties. (Enacted by Stats. 1990, Ch. 79.)
  101. 1455.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A guardian, conservator, or qualifying petitioner may file a petition for instructions or for authority under this division.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1455. Any petition for instructions or to grant a guardian or a conservator any power or authority under this division, which may be filed by a guardian or conservator, may also be filed by a person who petitions for the appointment of a guardian or conservator, including, but not limited to, a person who petitions under Section 2002 for transfer of conservatorship. (Amended by Stats. 2014, Ch. 553, Sec. 4. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
  102. 1456.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    The Judicial Council must adopt a rule of court by January 1, 2008.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1456. (a) In addition to any other requirements that are part of the judicial branch education program, on or before January 1, 2008, the Judicial Council shall adopt a rule of court that shall do all of the following: (1) Specifies the qualifications of a court-employed staff attorney, examiner, and investigator, and any attorney appointed pursuant to Sections 1470 and 1471. (2) Specifies the number of hours of education in classes related to conservatorships or guardianships that a judge who is regularly assigned to hear probate matters shall complete, upon assuming the probate assignment, and then over a three-year period on an ongoing basis. (3) Specifies the number of hours of education in classes related to conservatorships or guardianships that a court-employed staff attorney, examiner, and investigator, and any attorney appointed pursuant to Sections 1470 and 1471 shall complete each year. (4) Specifies the particular subject matter that shall be included in the education required each year. The subject matter shall, at a minimum, include the less restrictive alternatives to conservatorship set forth in Section 1800.3. (5) Specifies reporting requirements to ensure compliance with this section. (b) In formulating the rule required by this section, the Judicial Council shall consult with interested parties, including, but not limited to, the California Judges Association, the California Association of Superior Court Investigators, the California Public Defenders Association, the County Counsels’ Association of California, the State Bar of California, the National Guardianship Association, the Professional Fiduciary Association of California, the California Association of Public Administrators, Public Guardians and Public Conservators, a disability rights organization, the State Council on Developmental Disabilities, the State Department of Developmental Services, the California Department of Aging, and the Association of Professional Geriatric Care Managers. (Amended by Stats. 2022, Ch. 894, Sec. 3. (AB 1663) Effective January 1, 2023.)
  103. 1456.2.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A public conservator must comply with continuing education requirements by January 1, 2010.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1456.2. On or before January 1, 2010, the public conservator shall comply with the continuing education requirements that are established by the California State Association of Public Administrators, Public Guardians, and Public Conservators. (Added by Stats. 2008, Ch. 237, Sec. 2. Effective January 1, 2009.)
  104. 1456.5.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    Each court must ensure compliance with the division’s filing requirements for inventories, appraisals, and accountings.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1456.5. Each court shall ensure compliance with the requirements of filing the inventory and appraisal and the accountings required by this division. Courts may comply with this section in either of the following ways: (a) By placing on the court’s calendar, at the time of the appointment of the guardian or conservator and at the time of approval of each accounting, a future hearing date to enable the court to confirm timely compliance with these requirements. (b) By establishing and maintaining internal procedures to generate an order for appearance and consideration of appropriate sanctions or other actions if the guardian or conservator fails to comply with the requirements of this section. (Added by Stats. 2007, Ch. 553, Sec. 3. Effective January 1, 2008.)
  105. 1457.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    The Judicial Council must create a short educational program for proposed and court-appointed nonprofessional conservators and guardians and provide it free of charge.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1457. In order to assist relatives and friends who may seek appointment as a nonprofessional conservator or guardian the Judicial Council shall, on or before January 1, 2008, develop a short educational program of no more than three hours that is user-friendly and shall make that program available free of charge to each proposed conservator and guardian and each court-appointed conservator and guardian who is not required to be licensed as a professional conservator or guardian pursuant to Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code. The program may be available by video presentation or Internet access. (Amended by Stats. 2007, Ch. 553, Sec. 4. Effective January 1, 2008.)
  106. 1458.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    The Judicial Council must report a conservatorship effectiveness study to the Legislature by January 1, 2027, and must select at least three courts for the evaluation.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1458. (a) On or before January 1, 2027, the Judicial Council shall report to the Legislature the findings of a study measuring court effectiveness in conservatorship cases, including the effectiveness of protecting the legal rights and best interests of a conservatee. The report shall include all of the following, with respect to the courts chosen for evaluation pursuant to subdivision (b): (1) Caseload statistics from the 2018–19 fiscal year, for both temporary and general probate conservatorships, including, at a minimum, all of the following: (A) The number of petitions filed requesting appointment of a conservator, the number of those petitions granted, and the number denied, with cases in which a professional fiduciary was appointed presented separately from cases in which a nonprofessional conservator was appointed. (B) The number of conservatorships under court supervision at the end of the fiscal year in which a court investigation was conducted, with cases in which a professional fiduciary was appointed presented separately from cases in which a nonprofessional conservator was appointed. (C) The number of conservatorships under court supervision at the end of the fiscal year in which a court review hearing was held, with cases in which a professional fiduciary was appointed presented separately from cases in which a nonprofessional conservator was appointed. (D) The number of petitions or objections filed by or on behalf of a conservatee challenging a conservator’s action, failure to act, accounting, or compensation; the number of those petitions that were granted; and the number of petitions that were denied, with cases in which a professional fiduciary was appointed presented separately from cases in which a nonprofessional conservator was appointed. (E) The number of conservatorships under court supervision in which accountings due, and the number of accountings received after they were due, or not received at all, with cases in which a professional fiduciary was appointed presented separately from cases in which a nonprofessional conservator was appointed. (F) The number of conservatorships of the estate, or of the person and the estate, under court supervision in which bond was not required of the conservator, with cases in which a professional fiduciary was appointed presented separately from cases in which a nonprofessional conservator was appointed. (2) An analysis of compliance with statutory timeframes in the 2018–19 fiscal year. (3) A description of any operational differences between courts that affect the processing of conservatorship cases, including timeframes and steps taken to protect the legal rights and best interests of conservatees. (b) The Judicial Council shall select at least three courts for the evaluation required by this section, including one small court, one medium-sized court, and one large court. (c) The report shall include recommendations for statewide performance measures to be collected, best practices that serve to protect the legal rights of conservatees, and staffing needs to meet case processing requirements. (d) The report shall be submitted pursuant to Section 9795 of the Government Code. (e) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Amended by Stats. 2023, Ch. 478, Sec. 57. (AB 1756) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
  107. 1459.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    In Indian child custody proceedings, the court must consider listed findings, follow the federal Indian Child Welfare Act, and protect the child’s best interests. Certain placements must comply with that Act, and a higher state or federal protection standard must be applied when it exists.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1459. (a) The Legislature finds and declares the following: (1) There is no resource that is more vital to the continued existence and integrity of recognized Indian tribes than their children, and the State of California has an interest in protecting Indian children who are members of, or are eligible for membership in, an Indian tribe. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and other applicable law, designed to prevent the child’s involuntary out-of-home placement and, whenever such placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the child’s tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the child’s tribe and tribal community. (2) It is in the interest of an Indian child that the child’s membership in the child’s Indian tribe and connection to the tribal community be encouraged and protected, regardless of whether or not the child is in the physical custody of an Indian parent or Indian custodian at the commencement of a child custody proceeding, the parental rights of the child’s parents have been terminated, or where the child has resided or been domiciled. (b) In all Indian child custody proceedings, as defined in the federal Indian Child Welfare Act, the court shall consider all of the findings contained in subdivision (a), strive to promote the stability and security of Indian tribes and families, comply with the federal Indian Child Welfare Act, and seek to protect the best interest of the child. Whenever an Indian child is removed from a foster care home or institution, guardianship, or adoptive placement for the purpose of further foster care, guardianship, or adoptive placement, placement of the child shall be in accordance with the Indian Child Welfare Act. (c) A determination by an Indian tribe that an unmarried person, who is under the age of 18 years, is either (1) a member of an Indian tribe or (2) eligible for membership in an Indian tribe and a biological child of a member of an Indian tribe shall constitute a significant political affiliation with the tribe and shall require the application of the federal Indian Child Welfare Act to the proceedings. (d) In any case in which this code or other applicable state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child, or the Indian child’s tribe, than the rights provided under the Indian Child Welfare Act, the court shall apply the higher state or federal standard. (e) Any Indian child, the Indian child’s tribe, or the parent or Indian custodian from whose custody the child has been removed, may petition the court to invalidate an action in an Indian child custody proceeding for foster care or guardianship placement or termination of parental rights if the action violated Sections 1911, 1912, and 1913 of the Indian Child Welfare Act. (Added by Stats. 2006, Ch. 838, Sec. 17. Effective January 1, 2007.)
  108. 1459.5.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    This section says the Indian Child Welfare Act applies to certain guardianship and conservatorship proceedings involving an Indian child, and the court must apply specified California code sections and court rules.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [1452 - 1459.5] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1459.5. (a) The Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) shall apply to the following guardianship or conservatorship proceedings under this division when the proposed ward or conservatee is an Indian child: (1) In any case in which the petition is a petition for guardianship of the person and the proposed guardian is not the natural parent or Indian custodian of the proposed ward, unless the proposed guardian has been nominated by the natural parents pursuant to Section 1500 and the parents retain the right to have custody of the child returned to them upon demand. (2) To a proceeding to have an Indian child declared free from the custody and control of one or both parents brought in a guardianship proceeding. (3) In any case in which the petition is a petition for conservatorship of the person of a minor whose marriage has been dissolved, the proposed conservator is seeking physical custody of the minor, the proposed conservator is not the natural parent or Indian custodian of the proposed conservatee and the natural parent or Indian custodian does not retain the right to have custody of the child returned to them upon demand. (b) When the Indian Child Welfare Act applies to a proceeding under this division, the court shall apply Sections 224.3 to 224.6, inclusive, and Sections 305.5, 361.31, and 361.7 of the Welfare and Institutions Code, and the following rules from the California Rules of Court, as they read on January 1, 2005: (1) Paragraph (7) of subdivision (b) of Rule 1410. (2) Subdivision (i) of Rule 1412. (c) In the provisions cited in subdivision (b), references to social workers, probation officers, county welfare department, or probation department shall be construed as meaning the party seeking a foster care placement, guardianship, or adoption. (Added by Stats. 2006, Ch. 838, Sec. 18. Effective January 1, 2007.)
  109. 146.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    This section defines a qualifying agreement and sets when a waiver under this chapter can be changed or revoked, when the agreement is enforceable, and when a court may refuse to enforce it.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 146. (a) As used in this section, “agreement” means a written agreement signed by each spouse or prospective spouse altering, amending, or revoking a waiver under this chapter. (b) Except as provided in subdivisions (c) and (d) of Section 147, unless the waiver specifically otherwise provides, a waiver under this chapter may not be altered, amended, or revoked except by a subsequent written agreement signed by each spouse or prospective spouse. (c) Subject to subdivision (d), the agreement is enforceable only if it satisfies the requirements of subdivision (b) and is enforceable under either subdivision (e) or subdivision (f). (d) Enforcement of the agreement against a party to the agreement is subject to the same defenses as enforcement of any other contract, except that: (1) Lack of consideration is not a defense to enforcement of the agreement. (2) A minor intending to marry may enter into the agreement as if married, but the agreement becomes effective only upon the marriage. (e) Subject to subdivision (d), an agreement is enforceable under this subdivision unless the party to the agreement against whom enforcement is sought proves either of the following: (1) A fair and reasonable disclosure of the property or financial obligations of the other spouse was not provided to the spouse against whom enforcement is sought prior to the signing of the agreement unless the spouse against whom enforcement is sought waived such a fair and reasonable disclosure after advice by independent legal counsel. (2) The spouse against whom enforcement is sought was not represented by independent legal counsel at the time of signing of the agreement. (f) Subject to subdivisions (d) and (g), an agreement is enforceable under this subdivision if the court determines that the agreement at the time of signing made a fair and reasonable disposition of the rights of the spouses. (g) If, after considering all relevant facts and circumstances, the court finds that enforcement of the agreement pursuant to subdivision (f) would be unconscionable under the circumstances existing at the time enforcement is sought, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provisions, or limit the application of the unconscionable provisions to avoid an unconscionable result. (h) Subdivision (b) of Section 721 of the Family Code does not apply if the agreement is enforceable under this section. (Amended by Stats. 1992, Ch. 163, Sec. 122. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  110. 1460.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    This section sets notice rules for hearings, including a 15-day minimum in some cases, delivery by the petitioner, and court posting by the clerk when required.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1460. (a) Subject to Sections 1202 and 1203, if notice of hearing is required under this division but the applicable provision does not fix the manner of giving notice of hearing, the notice of the time and place of the hearing shall be given at least 15 days before the day of the hearing as provided in this section. (b) Subject to subdivision (e), the petitioner, who includes, for purposes of this section, a person filing a petition, report, or account, shall cause the notice of hearing to be delivered pursuant to Section 1215, to each of the following persons: (1) The guardian or conservator. (2) The ward or the conservatee. (3) The spouse of the ward or conservatee, if the ward or conservatee has a spouse, or the domestic partner of the conservatee, if the conservatee has a domestic partner. (4) Any person who has requested special notice of the matter, as provided in Section 2700. (5) For any hearing on a petition to terminate a guardianship, to accept the resignation of a guardian, or to remove a guardian, the persons described in subdivision (c) of Section 1510. (6) For any hearing to consider terminating a conservatorship, to accept the resignation of a conservator, or to remove a conservator, the persons described in subdivision (b) of Section 1821. (c) The clerk of the court shall cause the notice of the hearing to be posted as provided in Section 1230 if the posting is required by subdivision (c) of Section 2543. (d) Except as provided in subdivision (e), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 10 (commencing with Section 2700) of Part 4. (e) The court, for good cause, may dispense with the notice otherwise required to be given to a person as provided in this section. (Amended by Stats. 2021, Ch. 417, Sec. 5. (AB 1194) Effective January 1, 2022.)
  111. 1460.1.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A child under 12 does not need to be given notice if the court finds either that notice was given to the child’s parent, guardian, or other legal custodian, or that the petition was filed by that parent, guardian, or custodian.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1460.1. Notwithstanding any other provision of this division, no notice is required to be given to any child under the age of 12 years if the court determines either of the following: (a) Notice was properly given to a parent, guardian, or other person having legal custody of the minor, with whom the minor resides. (b) The petition is brought by a parent, guardian, or other person having legal custody of the minor, with whom the minor resides. (Added by Stats. 1997, Ch. 724, Sec. 9. Effective January 1, 1998.)
  112. 1460.2.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    If the court or petitioner knows a proposed ward or conservatee may be an Indian child, notice must follow detailed mailing, recipient, content, timing, and confidentiality rules.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1460.2. (a) If the court or petitioner knows or has reason to know that the proposed ward or conservatee may be an Indian child, notice shall comply with subdivision (b) in any case in which the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) applies, as specified in Section 1459.5. (b) Any notice sent under this section shall be sent to the minor’s parent or legal guardian, Indian custodian, if any, and the Indian child’s tribe, and shall comply with all of the following requirements: (1) Notice shall be sent by registered or certified mail with return receipt requested. Additional notice by first-class mail is recommended, but not required. (2) Notice to the tribe shall be to the tribal chairperson, unless the tribe has designated another agent for service. (3) Notice shall be sent to all tribes of which the child may be a member or eligible for membership until the court makes a determination as to which tribe is the Indian child’s tribe in accordance with subdivision (d) of Section 1449, after which notice need only be sent to the tribe determined to be the Indian child’s tribe. (4) Notice, to the extent required by federal law, shall be sent to the Secretary of the Interior’s designated agent, the Sacramento Area Director, Bureau of Indian Affairs. If the identity or location of the Indian child’s tribe is known, a copy of the notice shall also be sent directly to the Secretary of the Interior, unless the Secretary of the Interior has waived the notice in writing and the person responsible for giving notice under this section has filed proof of the waiver with the court. (5) The notice shall include all of the following information: (A) The name, birthdate, and birthplace of the Indian child, if known. (B) The name of any Indian tribe in which the child is a member or may be eligible for membership, if known. (C) All names known of the Indian child’s biological parents, grandparents and great-grandparents or Indian custodians, including maiden, married, and former names or aliases, as well as their current and former addresses, birthdates, places of birth and death, tribal enrollment numbers, and any other identifying information, if known. (D) A copy of the petition. (E) A copy of the child’s birth certificate, if available. (F) The location, mailing address, and telephone number of the court and all parties notified pursuant to this section. (G) A statement of the following: (i) The absolute right of the child’s parents, Indian custodians, and tribe to intervene in the proceeding. (ii) The right of the child’s parents, Indian custodians, and tribe to petition the court to transfer the proceeding to the tribal court of the Indian child’s tribe, absent objection by either parent and subject to declination by the tribal court. (iii) The right of the child’s parents, Indian custodians, and tribe to, upon request, be granted up to an additional 20 days from the receipt of the notice to prepare for the proceeding. (iv) The potential legal consequences of the proceedings on the future custodial rights of the child’s parents or Indian custodians. (v) That if the parents or Indian custodians are unable to afford counsel, counsel shall be appointed to represent the parents or Indian custodians pursuant to Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (vi) That the information contained in the notice, petition, pleading, and other court documents is confidential, so any person or entity notified shall maintain the confidentiality of the information contained in the notice concerning the particular proceeding and not reveal it to anyone who does not need the information in order to exercise the tribe’s rights under the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (c) Notice shall be sent whenever it is known or there is reason to know that an Indian child is involved, and for every hearing thereafter, including, but not limited to, the hearing at which a final adoption order is to be granted. After a tribe acknowledges that the child is a member or eligible for membership in the tribe, or after the Indian child’s tribe intervenes in a proceeding, the information set out in subparagraphs (C), (D), (E), and (G) of paragraph (5) of subdivision (b) need not be included with the notice. (d) Proof of the notice, including copies of notices sent and all return receipts and responses received, shall be filed with the court in advance of the hearing except as permitted under subdivision (e). (e) No proceeding shall be held until at least 10 days after receipt of notice by the parent, Indian custodian, the tribe or the Bureau of Indian Affairs. The parent, Indian custodian, or the tribe shall, upon request, be granted up to 20 additional days to prepare for the proceeding. Nothing herein shall be construed as limiting the rights of the parent, Indian custodian, or tribe to 10 days’ notice when a lengthier notice period is required by statute. (f) With respect to giving notice to Indian tribes, a party shall be subject to court sanctions if that person knowingly and willfully falsifies or conceals a material fact concerning whether the child is an Indian child, or counsels a party to do so. (g) The inclusion of contact information of any adult or child that would otherwise be required to be included in the notification pursuant to this section, shall not be required if that person is at risk of harm as a result of domestic violence, child abuse, sexual abuse, or stalking. (Added by Stats. 2006, Ch. 838, Sec. 19. Effective January 1, 2007.)
  113. 1461.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    If a covered ward or conservatee case involves certain state hospitals, notice of the hearing and related papers must be delivered to the director at least 15 days before the hearing, unless a narrow small-asset/small-income exception applies. The director may also file a certificate after discharge, and that can waive further notices unless revoked.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1461. (a) As used in this section, “director” means: (1) The Director of State Hospitals when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of State Hospitals. (2) The Director of Developmental Services when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of Developmental Services. (b) Notice of the time and place of hearing on the petition, report, or account, and a copy of the petition, report, or account, shall be delivered pursuant to Section 1215 to the director at the director’s office in Sacramento or to the electronic address designated by the director for receipt of notice pursuant to this code, at least 15 days before the hearing if both of the following conditions exist: (1) The ward or conservatee is or has been during the guardianship or conservatorship proceeding a patient in, or on leave from, a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services. (2) The petition, report, or account is filed under any one or more of the following provisions: Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2580, 2592, or 2620; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6. Notice under this section is not required in the case of an account pursuant to Section 2620 if the total guardianship or conservatorship assets are less than one thousand five hundred dollars ($1,500) and the gross annual income, exclusive of any public assistance income, is less than six thousand dollars ($6,000), and the ward or conservatee is not a patient in, or on leave or on outpatient status from, a state hospital at the time of the filing of the petition. (c) If the ward or conservatee has been discharged from the state hospital, the director, upon ascertaining the facts, may file with the court a certificate stating that the ward or conservatee is not indebted to the state and waive the giving of further notices under this section. Upon the filing of the certificate of the director, compliance with this section thereafter is not required unless the certificate is revoked by the director and notice of the revocation is filed with the court. (d) The statute of limitations does not run against any claim of the State Department of State Hospitals or the State Department of Developmental Services against the estate of the ward or conservatee for board, care, maintenance, or transportation with respect to an account that is settled without giving the notice required by this section. (Amended by Stats. 2017, Ch. 319, Sec. 27. (AB 976) Effective January 1, 2018.)
  114. 1461.4.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    If certain guardianship or conservatorship conditions are met, the petitioner must give the regional center director notice and a copy of the petition at least 30 days before the hearing, and the regional center must file a report and recommendation with the court.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1461.4. (a) The petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the director of the regional center for the developmentally disabled at least 30 days before the day of the hearing on a petition for appointment in any case in which all of the following conditions exist: (1) The proposed ward or conservatee has developmental disabilities. (2) The proposed guardian or conservator is not the natural parent of the proposed ward or conservatee. (3) The proposed guardian or conservator is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or is a spouse or employee of a provider. (4) The proposed guardian or conservator is not a public entity. (b) The regional center shall file a written report and recommendation with the court regarding the suitability of the petitioners to meet the needs of the proposed ward or conservatee in any case described in subdivision (a). (Amended by Stats. 2017, Ch. 319, Sec. 28. (AB 976) Effective January 1, 2018.)
  115. 1461.5.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    Certain guardianship or conservatorship notices must be delivered to the Veterans Administration office at least 15 days before the hearing, or within 15 days after an inventory is filed.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1461.5. Notice of the time and place of hearing on a petition, report, or account, and a notice of the filing of an inventory, together with a copy of the petition, report, inventory, or account, shall be delivered pursuant to Section 1215 to the office of the Veterans Administration having jurisdiction over the area in which the court is located at least 15 days before the hearing, or within 15 days after the inventory is filed, if both of the following conditions exist: (a) The guardianship or conservatorship estate consists or will consist wholly or in part of any of the following: (1) Money received from the Veterans Administration. (2) Revenue or profit from such money or from property acquired wholly or in part from such money. (3) Property acquired wholly or in part with such money or from such property. (b) The petition, report, inventory, or account is filed under any one or more of the following provisions: Section 1510, 1601, 1820, 1861, 1874, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2570, 2571, 2580, 2592, 2610, 2613, or 2620; Chapter 8 (commencing with Section 2640) of Part 4; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6. (Amended by Stats. 2017, Ch. 319, Sec. 29. (AB 976) Effective January 1, 2018.)
  116. 1461.7.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    Notice of the hearing, along with the petition, report, or account, must be given to the same persons as under Section 2581 when the listed conservatorship conditions are met, unless the court dispenses with notice for good cause.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1461.7. Unless the court for good cause dispenses with such notice, notice of the time and place of the hearing on a petition, report, or account, together with a copy of the petition, report, or account, shall be given to the same persons who are required to be given notice under Section 2581 for the period and in the manner provided in this chapter if both of the following conditions exist: (a) A conservator of the estate has been appointed under Article 5 (commencing with Section 1845) of Chapter 1 of Part 3 for a person who is missing and whose whereabouts is unknown. (b) The petition, report, or account is filed in the conservatorship proceeding under any one or more of the following provisions: (1) Section 1861 or 2423. (2) Article 7 (commencing with Section 2540) of Chapter 6 of Part 4. (3) Section 2570, 2571, 2580, 2592, or 2620. (4) Chapter 8 (commencing with Section 2640) of Part 4. (5) Chapter 9.5 (commencing with Section 2670) of Part 4. (6) Chapter 3 (commencing with Section 3100) of Part 6. (Enacted by Stats. 1990, Ch. 79.)
  117. 1467.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    If service by mail is made under this division and in the manner authorized by Section 415.30 of the Code of Civil Procedure, service is complete when a written acknowledgment of receipt is signed.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1467. If service is made by mail pursuant to this division in the manner authorized in Section 415.30 of the Code of Civil Procedure, the service is complete on the date a written acknowledgment of receipt is executed. (Enacted by Stats. 1990, Ch. 79.)
  118. 1469.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If this division applies personal-representative provisions to proceedings under this division, any reference to Section 1220 in those provisions is treated as a reference to this chapter.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Notices [1460 - 1469] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1469. Where a provision of this division applies the provisions of this code applicable to personal representatives to proceedings under this division, a reference to Section 1220 in the provisions applicable to personal representatives shall be deemed to be a reference to this chapter. (Enacted by Stats. 1990, Ch. 79.)
  119. 147.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Certain post-1984 waivers, agreements, and property settlements affecting specified Section 141 rights are invalid unless they meet this chapter’s requirements, with exceptions for earlier agreements, premarital property agreements, and certain spousal revocation rights.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH [140 - 147] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Surviving Spouse’s Waiver of Rights [140 - 147] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 147. (a) Subject to subdivisions (c) and (d), a waiver, agreement, or property settlement made after December 31, 1984, is invalid insofar as it affects the rights listed in subdivision (a) of Section 141 unless it satisfies the requirements of this chapter. (b) Nothing in this chapter affects the validity or effect of any waiver, agreement, or property settlement made prior to January 1, 1985, and the validity and effect of such waiver, agreement, or property settlement shall continue to be determined by the law applicable to the waiver, agreement, or settlement prior to January 1, 1985. (c) Nothing in this chapter affects the validity or effect of any premarital property agreement, whether made prior to, on, or after January 1, 1985, insofar as the premarital property agreement affects the rights listed in subdivision (a) of Section 141, and the validity and effect of such premarital property agreement shall be determined by the law otherwise applicable to the premarital property agreement. Nothing in this subdivision limits the enforceability under this chapter of a waiver made under this chapter by a person intending to marry that is otherwise enforceable under this chapter. (d) Nothing in this chapter limits any right one spouse otherwise has to revoke a consent or election to disposition of his or her half of the community or quasi-community property under the will of the other spouse. (Enacted by Stats. 1990, Ch. 79.)
  120. 1470.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Legal Counsel [1470 - 1474] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court may appoint private counsel for certain wards, proposed wards, conservatees, or proposed conservatees, and must later set and order payment of the counsel’s reasonable compensation and expenses.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Legal Counsel [1470 - 1474] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 1470. (a) The court may appoint private legal counsel for a ward, a proposed ward, a conservatee, or a proposed conservatee in any proceeding under this division if the court determines the person is not otherwise represented by legal counsel and that the appointment would be helpful to the resolution of the matter or is necessary to protect the person’s interests. (b) If a person is furnished legal counsel under this section, the court shall, upon conclusion of the matter, fix a reasonable sum for compensation and expenses of counsel. The sum may, in the discretion of the court, include compensation for services rendered, and expenses incurred, before the date of the order appointing counsel. (c) The court shall order the sum fixed under subdivision (b) to be paid: (1) If the person for whom legal counsel is appointed is an adult, from the estate of that person. (2) If the person for whom legal counsel is appointed is a minor, by a parent or the parents of the minor or from the minor’s estate, or any combination thereof, in any proportions the court deems just. (3) If a ward or proposed ward is furnished legal counsel for a guardianship proceeding, upon its own motion or that of a party, the court shall determine whether a parent or parents of the ward or proposed ward or the estate of the ward or proposed ward is financially unable to pay all or a portion of the cost of counsel appointed pursuant to this section. Any portion of the cost of that counsel that the court finds the parent or parents or the estate of the ward or proposed ward is unable to pay shall be paid by the county. The Judicial Council shall adopt guidelines to assist in determining financial eligibility for county payment of counsel appointed by the court pursuant to this chapter. (d) The court may make an order under subdivision (c) requiring payment by a parent or parents of the minor only after the parent or parents, as the case may be, have been given notice and the opportunity to be heard on whether the order would be just under the circumstances of the particular case. (Amended by Stats. 2007, Ch. 719, Sec. 1. Effective January 1, 2008.)
  121. 1471.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Legal Counsel [1470 - 1474] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court must appoint counsel in specified conservatorship proceedings when the person is unrepresented and not planning to retain counsel, and it must appoint counsel immediately in a limited conservatorship case. The court must also allow a preferred attorney unless disqualified, and the proposed limited conservatee must pay for the service if able.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Legal Counsel [1470 - 1474] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 1471. (a) If a conservatee, proposed conservatee, or person alleged to lack legal capacity is not represented by legal counsel and does not plan to retain counsel, whether or not that person lacks or appears to lack legal capacity, the court shall, at or before the time of the hearing, appoint the public defender or private counsel to represent the person in the following proceedings under this division: (1) A proceeding to establish or transfer a conservatorship or to appoint a proposed conservator. (2) A proceeding to terminate the conservatorship. (3) A proceeding to remove the conservator. (4) A proceeding for a court order affecting the legal capacity of the conservatee. (5) A proceeding to obtain an order authorizing removal of a temporary conservatee from the temporary conservatee’s place of residence. (b) In a proceeding to establish a limited conservatorship, if the proposed limited conservatee has not retained legal counsel and does not plan to retain legal counsel, the court shall immediately appoint the public defender or private counsel to represent the proposed limited conservatee. The proposed limited conservatee shall pay the cost for that legal service if they are able. This subdivision applies irrespective of any medical or psychological inability to attend the hearing on the part of the proposed limited conservatee as allowed in Section 1825. (c) If a conservatee, proposed conservatee, or person alleged to lack legal capacity expresses a preference for a particular attorney to represent them, the court shall allow representation by the preferred attorney, even if the attorney is not on the court’s list of a court-appointed attorneys, and the attorney shall provide zealous representation as provided in subdivision (d). However, an attorney who cannot provide zealous advocacy or who has a conflict of interest with respect to the representation of the conservatee, proposed conservatee, or person alleged to lack legal capacity shall be disqualified. (d) The role of legal counsel of a conservatee, proposed conservatee, or a person alleged to lack legal capacity is that of a zealous, independent advocate representing the wishes of their client, consistent with the duties set forth in Section 6068 of the Business and Professions Code and the California Rules of Professional Conduct. (e) In an appeal or writ proceeding arising out of a proceeding described in this section, if a conservatee or proposed conservatee is not represented by legal counsel, the reviewing court shall appoint legal counsel to represent the conservatee or proposed conservatee before the court. (Amended by Stats. 2022, Ch. 420, Sec. 32. (AB 2960) Effective January 1, 2023.)
  122. 1472.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Legal Counsel [1470 - 1474] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    When counsel is provided under Section 1471, the court must set a reasonable fee and expense amount, decide what the person can pay, and order payment from the appropriate party or source.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Legal Counsel [1470 - 1474] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 1472. (a) If a person is furnished legal counsel under Section 1471: (1) The court shall, upon conclusion of the matter, fix a reasonable sum for compensation and expenses of counsel and shall make a determination of the person’s ability to pay all or a portion of that sum. The sum may, in the discretion of the court, include compensation for services rendered, and expenses incurred, before the date of the order appointing counsel. (2) If the court determines that the person has the ability to pay all or a portion of the sum, the court shall order the conservator of the estate or, if none, the person, to pay in any installments and in any manner the court determines to be reasonable and compatible with the person’s financial ability. (3) In a proceeding under Chapter 3 (commencing with Section 3100) of Part 6 for court authorization of a proposed transaction involving community property, the court may order payment out of the proceeds of the transaction. (4) If a conservator is not appointed for the person furnished legal counsel, the order for payment may be enforced in the same manner as a money judgment. (b) If the court determines that a person furnished private counsel under Section 1471 lacks the ability to pay all or a portion of the sum determined under paragraph (1) of subdivision (a), the county shall pay the sum to the private counsel to the extent the court determines the person is unable to pay. (c) The payment ordered by the court under subdivision (a) shall be made to the county if the public defender has been appointed or if private counsel has been appointed to perform the duties of the public defender and the county has compensated that counsel. In the case of other court-appointed counsel, the payment shall be made to that counsel. (Amended by Stats. 1992, Ch. 572, Sec. 2. Effective January 1, 1993.)
  123. 1474.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Legal Counsel [1470 - 1474] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If an Indian custodian or biological parent of an Indian child cannot afford counsel and asks for counsel in certain proceedings, specified federal provisions apply.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Legal Counsel [1470 - 1474] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 1474. If an Indian custodian or biological parent of an Indian child lacks the financial ability to retain counsel and requests the appointment of counsel in proceedings described in Section 1459.5, the provisions of subsection (b) of Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and Section 23.13 of Title 25 of the Code of Federal Regulations are applicable. (Added by Stats. 2006, Ch. 838, Sec. 20. Effective January 1, 2007.)
  124. 1488.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transitional Provisions [1488 - 1490] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A pre-1981 signed nomination of a guardian can count as a nomination of a conservator if the signer had sufficient capacity.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transitional Provisions [1488 - 1490] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 1488. If before January 1, 1981, an adult has in a signed writing nominated a person to serve as guardian if a guardian is in the future appointed for such adult, such nomination shall be deemed to be a nomination of a conservator. This section applies whether or not the signed writing was executed in the same manner as a witnessed will so long as the person signing the writing had at the time the writing was signed sufficient capacity to form an intelligent preference. (Enacted by Stats. 1990, Ch. 79.)
  125. 1489.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transitional Provisions [1488 - 1490] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A pre-1981 signed appointment by a parent or other person can count as a nomination of a guardian if Section 1500 or 1501 requirements are met.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transitional Provisions [1488 - 1490] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 1489. If, before January 1, 1981, a parent or other person has in a signed writing appointed a person to serve as the guardian of the person or estate or both of a minor, or as the guardian of the property the minor receives from or by designation of the person making the appointment, such appointment shall be deemed to be a nomination of a guardian if the requirements of Section 1500 or 1501 are satisfied and, in such case, shall be given the same effect it would have under Section 1500 or 1501, as the case may be, if made on or after January 1, 1981. This section applies whether or not the signed writing is a will or deed so long as the person signing the writing had at the time the writing was signed sufficient capacity to form an intelligent preference. (Enacted by Stats. 1990, Ch. 79.)
  126. 1490.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transitional Provisions [1488 - 1490] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section says that, except as provided in Section 1510.1, “guardian” means the conservator of an adult or the conservator of the person of a married minor when that term is used in California statutes.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [1400 - 1490] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transitional Provisions [1488 - 1490] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 1490. Except as set forth in Section 1510.1, when used in any statute of this state with reference to an adult or to the person of a married minor, “guardian” means the conservator of that adult or the conservator of the person in the case of the married minor. (Amended by Stats. 2016, Ch. 86, Sec. 244. (SB 1171) Effective January 1, 2017.)
  127. 1500.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Nomination of Guardian [1500 - 1502] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A parent may nominate a guardian for a minor child, subject to Section 1502 and certain conditions involving the other parent.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Nomination of Guardian [1500 - 1502] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1500. Subject to Section 1502, a parent may nominate a guardian of the person or estate, or both, of a minor child in either of the following cases: (a) Where the other parent nominates, or consents in writing to the nomination of, the same guardian for the same child. (b) Where, at the time the petition for appointment of the guardian is filed, either (1) the other parent is dead or lacks legal capacity to consent to the nomination or (2) the consent of the other parent would not be required for an adoption of the child. (Enacted by Stats. 1990, Ch. 79.)
  128. 1500.1.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Nomination of Guardian [1500 - 1502] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A parent’s consent to nominate a guardian for an Indian child is only valid if it is written, given at least 10 days after birth, recorded before a judge, and the judge confirms the consent was fully explained and understood. The parent may withdraw consent any time before letters of guardianship issue.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Nomination of Guardian [1500 - 1502] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1500.1. (a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), consent to nomination of a guardian of the person or of a guardian of the person and the estate given by an Indian child’s parent is not valid unless both of the following occur: (1) The consent is executed in writing at least 10 days after the child’s birth and recorded before a judge. (2) The judge certifies that the terms and consequences of the consent were fully explained in detail in English and were fully understood by the parent or that they were interpreted into a language that the parent understood. (b) The parent of an Indian child may withdraw his or her consent to guardianship for any reason at any time prior to the issuance of letters of guardianship and the child shall be returned to the parent. (Added by Stats. 2006, Ch. 838, Sec. 21. Effective January 1, 2007.)
  129. 15000.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [15000 - 15004] ( Part 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This division is named the Trust Law and may be cited by that name.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [15000 - 15004] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 15000. This division shall be known and may be cited as the Trust Law. (Enacted by Stats. 1990, Ch. 79.)
  130. 15001.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [15000 - 15004] ( Part 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This division applies to all trusts and trust proceedings, with an exception when a court finds that applying a provision would substantially interfere with the proceedings or the rights of the parties and other interested persons.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [15000 - 15004] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 15001. Except as otherwise provided by statute: (a) This division applies to all trusts regardless of whether they were created before, on, or after July 1, 1987. (b) This division applies to all proceedings concerning trusts commenced on or after July 1, 1987. (c) This division applies to all proceedings concerning trusts commenced before July 1, 1987, unless in the opinion of the court application of a particular provision of this division would substantially interfere with the effective conduct of the proceedings or the rights of the parties and other interested persons, in which case the particular provision of this division does not apply and prior law applies. (Enacted by Stats. 1990, Ch. 79.)
  131. 15002.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [15000 - 15004] ( Part 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    For trusts, the common law applies in this state unless a statute changes it.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [15000 - 15004] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 15002. Except to the extent that the common law rules governing trusts are modified by statute, the common law as to trusts is the law of this state. (Enacted by Stats. 1990, Ch. 79.)
  132. 15003.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [15000 - 15004] ( Part 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section preserves existing trust-law rules and says the division does not change certain constructive or resulting trust principles, fiduciary/confidential relationship rules, or the possible use of trust principles for some excluded entities or relationships.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [15000 - 15004] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 15003. (a) Nothing in this division affects the substantive law relating to constructive or resulting trusts. (b) The repeal of Title 8 (commencing with Section 2215) of Part 4 of Division 3 of the Civil Code by Chapter 820 of the Statutes of 1986 was not intended to alter the rules applied by the courts to fiduciary and confidential relationships, except as to express trusts governed by this division. (c) Nothing in this division or in Section 82 is intended to prevent the application of all or part of the principles or procedures of this division to an entity or relationship that is excluded from the definition of “trust” provided by Section 82 where these principles or procedures are applied pursuant to statutory or common law principles, by court order or rule, or by contract. (Amended by Stats. 1990, Ch. 710, Sec. 43. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  133. 15004.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [15000 - 15004] ( Part 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This division applies to charitable trusts under the Attorney General’s jurisdiction, unless another statute says otherwise and only when it does not conflict with a listed charitable-purpose supervision law.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [15000 - 15004] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 15004. Unless otherwise provided by statute, this division applies to charitable trusts that are subject to the jurisdiction of the Attorney General to the extent that the application of the provision is not in conflict with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2020, Ch. 370, Sec. 232. (SB 1371) Effective January 1, 2021.)
  134. 1501.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Nomination of Guardian [1500 - 1502] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A parent or other person may nominate a guardian for a minor’s property, subject to Section 1502.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Nomination of Guardian [1500 - 1502] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1501. Subject to Section 1502, a parent or any other person may nominate a guardian for property that a minor receives from or by designation of the nominator (whether before, at the time of, or after the nomination) including, but not limited to, property received by the minor by virtue of a gift, deed, trust, will, succession, insurance, or benefits of any kind. (Enacted by Stats. 1990, Ch. 79.)
  135. 1502.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Nomination of Guardian [1500 - 1502] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A guardian nomination may be made in the petition, at the hearing, or in a signed writing; the court must give it due weight; and the nomination is effective when made unless the writing makes it conditional or says otherwise.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Nomination of Guardian [1500 - 1502] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1502. (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. The court shall give due weight to the nomination of a guardian of the person pursuant to Section 3043 of the Family Code. (b) The nomination of a guardian under this article is effective when made except that a writing nominating a guardian under this article may provide that the nomination becomes effective only upon the occurrence of such condition or conditions as are specified in the writing, including, but not limited to, conditions as to the subsequent absence, legal incapacity, or death of the person making the nomination. (c) Unless the writing making the nomination expressly otherwise provides, a nomination made under this article remains effective notwithstanding the subsequent absence, legal incapacity, or death of the person making the nomination. (Amended by Stats. 2025, Ch. 664, Sec. 7. (AB 495) Effective January 1, 2026.)
  136. 1510.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    This section lets certain people file for a guardian for a minor and requires the petition to include specific information about the minor, proposed guardian, and related proceedings.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1510. (a) A relative or other person on behalf of the minor, or the minor if 12 years of age or older, may file a petition for the appointment of a guardian of the minor. A relative may file a petition for the appointment of a guardian under this section regardless of the relative’s immigration status. (b) The petition shall request that a guardian of the person or estate of the minor, or both, be appointed, shall specify the name and address of the proposed guardian and the name and date of birth of the proposed ward, and shall state that the appointment is necessary or convenient. (c) The petition shall set forth, so far as is known to the petitioner, the names and addresses of all of the following: (1) The parents of the proposed ward. (2) The person having legal custody of the proposed ward and, if that person does not have the care of the proposed ward, the person having the care of the proposed ward. (3) The relatives of the proposed ward within the second degree. (4) In the case of a guardianship of the estate, the spouse of the proposed ward. (5) Any person nominated as guardian for the proposed ward under Section 1500 or 1501. (6) In the case of a guardianship of the person involving an Indian child, any Indian custodian and the Indian child’s tribe. (d) If the petitioner or proposed guardian is a professional fiduciary, as described in Section 2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), the petition shall include the following: (1) The petitioner’s or proposed guardian’s proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the proposed ward for services performed as a guardian. The petitioner’s or proposed guardian’s provision of a proposed hourly fee schedule or another statement of his or her proposed compensation, as required by this paragraph, shall not preclude a court from later reducing the petitioner’s or proposed guardian’s fees or other compensation. (2) Unless a petition for appointment of a temporary guardian that contains the statements required by this paragraph is filed together with a petition for appointment of a guardian, both of the following: (A) A statement of the petitioner’s or proposed guardian’s license information. (B) A statement explaining who engaged the petitioner or proposed guardian or how the petitioner or proposed guardian was engaged to file the petition for appointment of a guardian or to agree to accept the appointment as guardian and what prior relationship the petitioner or proposed guardian had with the proposed ward or the proposed ward’s family or friends. (e) If the proposed ward is a patient in or on leave of absence from a state institution under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services and that fact is known to the petitioner or proposed guardian, the petition shall state that fact and name the institution. (f) The petition shall state, so far as is known to the petitioner or proposed guardian, whether or not the proposed ward is receiving or is entitled to receive benefits from the Veterans Administration and the estimated amount of the monthly benefit payable by the Veterans Administration for the proposed ward. (g) If the petitioner or proposed guardian has knowledge of any pending adoption, juvenile court, marriage dissolution, domestic relations, custody, or other similar proceeding affecting the proposed ward, the petition shall disclose the pending proceeding. (h) If the petitioners or proposed guardians have accepted or intend to accept physical care or custody of the child with intent to adopt, whether formed at the time of placement or formed subsequent to placement, the petitioners or proposed guardians shall so state in the guardianship petition, whether or not an adoption petition has been filed. (i) If the proposed ward is or becomes the subject of an adoption petition, the court shall order the guardianship petition consolidated with the adoption petition, and the consolidated case shall be heard and decided in the court in which the adoption is pending. (j) If the proposed ward is or may be an Indian child, the petition shall state that fact. (Amended by Stats. 2013, Ch. 248, Sec. 1. (AB 1339) Effective January 1, 2014.)
  137. 1510.1.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    The court may appoint or extend guardianship for certain 18- to under-21-year-olds with consent, and the Judicial Council must adopt implementing rules and forms.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1510.1. (a) (1) With the consent of the proposed ward, the court may appoint a guardian of the person for an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age, in connection with a petition to make the necessary findings regarding special immigrant juvenile status pursuant to subdivision (b) of Section 155 of the Code of Civil Procedure. The court may appoint a parent as the guardian of the person of their unmarried child who is 18 years of age or older, but who has not yet attained 21 years of age. (2) A petition for guardianship of the person of a proposed ward who is 18 years of age or older, but who has not yet attained 21 years of age, may be filed by a parent, relative, or any other person on behalf of the proposed ward, or the proposed ward. (b) (1) At the request of, or with the consent of, the ward, the court may extend an existing guardianship of the person for a ward past 18 years of age, for purposes of allowing the ward to complete the application process with the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code. (2) A relative or any other person on behalf of a ward, or the ward, may file a petition to extend the guardianship of the person for a period of time not to extend beyond the ward reaching 21 years of age. (c) This section does not authorize the guardian to abrogate any of the rights that a person who has attained 18 years of age may have as an adult under state law, including, but not limited to, decisions regarding the ward’s medical treatment, education, or residence, without the ward’s express consent. (d) For purposes of this division, the terms “child,” “minor,” and “ward” include an unmarried individual who is younger than 21 years of age and who, pursuant to this section, consents to the appointment of a guardian or extension of a guardianship after they attain 18 years of age. (e) The Judicial Council shall, by July 1, 2016, adopt any rules and forms needed to implement this section. (Amended by Stats. 2024, Ch. 955, Sec. 2. (AB 2224) Effective January 1, 2025.)
  138. 1511.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    Before a guardian can be appointed, notice of the hearing must generally be given at least 15 days in advance, and the court cannot shorten that notice period.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1511. (a) Except as provided in subdivisions (f) and (g), at least 15 days before the hearing on the petition for the appointment of a guardian, notice of the time and place of the hearing shall be given as provided in subdivisions (b), (c), (d), and (e) of this section. The notice shall be accompanied by a copy of the petition and shall include a copy of the form required by Section 68511.1 of the Government Code. The court shall not shorten the time for giving the notice of hearing under this section. (b) Notice shall be served in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure, or in any manner authorized by the court, on all of the following persons: (1) The proposed ward if 12 years of age or older. (2) Any person having legal custody of the proposed ward, or serving as guardian of the estate of the proposed ward. (3) The parents of the proposed ward. (4) Any person nominated as a guardian for the proposed ward under Section 1500 or 1501. (c) Notice shall be delivered pursuant to Section 1215 to the addresses stated in the petition, or in any manner authorized by the court, to all of the following: (1) The spouse named in the petition. (2) The relatives named in the petition, except that if the petition is for the appointment of a guardian of the estate only the court may dispense with the giving of notice to any one or more or all of the relatives. (3) The person having the care of the proposed ward if other than the person having legal custody of the proposed ward. (d) If notice is required by Section 1461 or 1542 to be given to the Director of State Hospitals or the Director of Developmental Services or the Director of Social Services, notice shall be delivered pursuant to Section 1215 as required. (e) If the petition states that the proposed ward is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be delivered pursuant to Section 1215 to the office of the Veterans Administration referred to in Section 1461.5. (f) Unless the court orders otherwise, notice shall not be given to any of the following: (1) The parents or other relatives of a proposed ward who has been relinquished to a licensed adoption agency. (2) The parents of a proposed ward who has been judicially declared free from their custody and control. (g) Notice need not be given to any person if the court so orders upon a determination of either of the following: (1) The person cannot with reasonable diligence be given the notice. (2) The giving of the notice would be contrary to the interest of justice. (h) Before the appointment of a guardian is made, proof shall be made to the court that each person entitled to notice under this section either: (1) Has been given notice as required by this section. (2) Has not been given notice as required by this section because the person cannot with reasonable diligence be given the notice or because the giving of notice to that person would be contrary to the interest of justice. (i) If notice is required by Section 1460.2 to be given to an Indian custodian or tribe, notice shall be mailed as required. (Amended by Stats. 2021, Ch. 578, Sec. 2. (AB 260) Effective January 1, 2022.)
  139. 1512.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    The petitioner must amend the guardianship petition within 10 days after learning of any undisclosed proceeding that affects the proposed ward’s custody.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1512. Within 10 days after the petitioner in the guardianship proceeding becomes aware of any proceeding not disclosed in the guardianship petition affecting the custody of the proposed ward (including any adoption, juvenile court, marriage dissolution, domestic relations, or other similar proceeding affecting the proposed ward), the petitioner shall amend the guardianship petition to disclose the other proceeding. (Enacted by Stats. 1990, Ch. 79.)
  140. 1513.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    This section requires specified investigators to prepare guardianship reports, sets when child welfare review is required, and restricts access to confidential reports.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1513. (a) Unless waived by the court for good cause, a court investigator, probation officer, or domestic relations investigator shall make an investigation and file with the court a report and recommendation concerning each proposed guardianship of the person or guardianship of the estate. Investigations where the proposed guardian is a relative shall be made by a court investigator. Investigations where the proposed guardian is a nonrelative shall be made by the county agency designated to investigate potential dependency. The report of the investigation for a guardianship of the person shall include, but need not be limited to, a discussion of all of the following: (1) A social history of the proposed guardian. (2) A social history of the proposed ward, including, to the extent feasible, an assessment of any identified developmental, emotional, psychological, or educational needs of the proposed ward and the capability of the proposed guardian to meet those needs. (3) The relationship of the proposed ward to the proposed guardian, including the duration and character of the relationship, the circumstances under which the proposed guardian took physical custody of the proposed ward, and a statement of the proposed ward’s wishes concerning the proposed guardianship, unless the proposed ward’s developmental, physical, or emotional condition prevents the proposed ward from forming or stating their wishes concerning the proposed guardianship. (4) The duration of the guardianship anticipated by the parents and the proposed guardian and the plans of each parent and the proposed guardian to provide a stable and permanent home for the child. The court may waive this requirement when no parent is available. (b) If the proposed ward is or may be described by Section 300 of the Welfare and Institutions Code, the court may refer the matter, in writing, to the local child welfare agency to initiate an investigation pursuant to Section 329 of the Welfare and Institutions Code. The referral shall include a summary of the reasons for the referral and may include a copy of the petition under Section 1510, the investigator’s report filed pursuant to subdivision (a), and any other material information. (1) Pursuant to the timeline in Section 329 of the Welfare and Institutions Code, the child welfare agency shall report the findings and conclusions of its investigation, any decision made as a result, and the reasons for the decision to the probate court. (2) The probate court shall not hear and determine the petition to appoint a guardian of the minor until the child welfare agency has completed its investigation and has submitted the report to the probate court. (3) Notwithstanding paragraph (2), pending completion of the child welfare investigation, the probate court may take any reasonable steps it deems appropriate to protect the child’s safety, including, but not limited to, appointing a temporary guardian or issuing a temporary restraining order. (4) If the child welfare agency has not, within three weeks of the referral, notified the probate court that it has commenced juvenile dependency proceedings, the probate court or counsel appointed pursuant to Section 1470 to represent the minor may apply to the juvenile court, pursuant to Section 331 of the Welfare and Institutions Code, for an order directing the agency to commence juvenile dependency proceedings. (5) If the juvenile court commences dependency proceedings, the guardianship proceedings shall be stayed in accordance with Section 304 of the Welfare and Institutions Code. This section does not affect the applicability of Section 16504 or 16506 of the Welfare and Institutions Code. If the juvenile court does not commence dependency proceedings, the probate court shall retain jurisdiction to hear and determine the guardianship petition. (c) Before ruling on the petition for guardianship, the court shall read and consider all reports submitted pursuant to this section and shall affirm that it has done so in the minutes or on the record. A person who reports to the court pursuant to this section may be called and examined by any party to the proceeding. (d) All reports authorized by this section are confidential and shall only be made available to persons who have been served in the proceedings or their attorneys. The clerk of the court shall make provisions to limit access to the reports exclusively to persons entitled to receipt. The reports shall be made available to all parties entitled to receipt no less than three court days before the hearing on the guardianship petition. (e) For the purpose of writing either report authorized by this section, the person making the investigation and report shall have access to the proposed ward’s school records, probation records, and public and private social services records, and to an oral or written summary of the proposed ward’s medical records and psychological records prepared by any physician, psychologist, or psychiatrist who made or who is maintaining those records. The physician, psychologist, or psychiatrist shall be available to clarify information regarding these records pursuant to the investigator’s responsibility to gather and provide information for the court. (f) This section does not apply to guardianships resulting from a permanency plan for a dependent child pursuant to Section 366.26 of the Welfare and Institutions Code. (g) For purposes of this section, a “relative” means a person who is a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse of any of these persons, even after the marriage has been terminated by death or dissolution. (h) In an Indian child custody proceeding, any person making an investigation and report shall consult with the Indian child’s tribe and include in the report information provided by the tribe. (i) It is the intent of the Legislature that the guardianship laws in this code and the juvenile court laws in the Welfare and Institutions Code operate together as a cohesive statutory structure that ensures all cases referred by the probate court for a child welfare investigation are subject to review by the juvenile court without limiting the probate court’s ability to take immediate action to protect the child while the child welfare investigation and juvenile court review are pending. The purpose of this statutory structure is to ensure the protection of every child’s health, safety, and welfare and to provide due process to every child, parent, and family. (j) On or before January 1, 2023, the Judicial Council shall adopt, amend, or revise any rules or forms necessary to implement this section. (Amended by Stats. 2021, Ch. 578, Sec. 3. (AB 260) Effective January 1, 2022.)
  141. 1513.1.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    Courts and counties must assess certain guardianship-related parties for investigation or review expenses, and the court may order reimbursement unless hardship applies.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1513.1. (a) Each court or county shall assess (1) the parent, parents, or other person charged with the support and maintenance of the ward or proposed ward, and (2) the guardian, proposed guardian, or the estate of the ward or proposed ward, for court or county expenses incurred for any investigation or review conducted by the court investigator, probation officer, or domestic relations investigator. Subject to Section 68631 of the Government Code, the court may order reimbursement to the court or to the county in the amount of the assessment, unless the court finds that all or any part of the assessment would impose a hardship on the ward or the ward’s estate. A county may waive any or all of an assessment against the guardianship on the basis of hardship. There shall be a rebuttable presumption that the assessment would impose a hardship if the ward is receiving Medi-Cal benefits. (b) Any amount chargeable as state-mandated local costs incurred by a county for the cost of the investigation or review shall be reduced by any assessments actually collected by the county pursuant to subdivision (a) during that fiscal year. (Amended by Stats. 2014, Ch. 913, Sec. 27.5. (AB 2747) Effective January 1, 2015.)
  142. 1513.2.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    This section requires annual guardian status reports, notice and forms from the court clerk, and a Judicial Council form; false material information in the form can be a misdemeanor.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1513.2. (a) To the extent resources are available, the court shall implement procedures, as described in this section, to ensure that every guardian annually completes and returns to the court a status report, including the statement described in subdivision (b). A guardian who willfully submits any material information required by the form which he or she knows to be false shall be guilty of a misdemeanor. Not later than one month before the date the status report is required to be returned, the clerk of the court shall deliver a notice pursuant to Section 1215 to the guardian informing the guardian that he or she is required to complete and return the status report to the court. The clerk shall enclose with the letter a blank status report form for the guardian to complete and return. If the status report is not completed and returned as required, or if the court finds, after a status report has been completed and returned, that further information is needed, the court shall attempt to obtain the information required in the report from the guardian or other sources. If the court is unable to obtain this information within 30 days after the date the status report is due, the court shall either order the guardian to make himself or herself available to the investigator for purposes of investigation of the guardianship, or to show cause why the guardian should not be removed. (b) The Judicial Council shall develop a form for the status report. The form shall include the following statement: “A guardian who willfully submits any material information required by this form which he or she knows to be false is guilty of a misdemeanor.” The form shall request information the Judicial Council deems necessary to determine the status of the guardianship, including, but not limited to, the following: (1) The guardian’s present address and electronic address. (2) The name and birth date of the child under guardianship. (3) The name of the school in which the child is enrolled, if any. (4) If the child is not in the guardian’s home, the name, relationship, address, electronic address, and telephone number of the person or persons with whom the child resides. (5) If the child is not in the guardian’s home, why the child was moved. (c) The report authorized by this section is confidential and shall only be made available to persons who have been served in the proceedings or their attorneys. The clerk of the court shall implement procedures for the limitation of the report exclusively to persons entitled to its receipt. (Amended by Stats. 2017, Ch. 319, Sec. 31. (AB 976) Effective January 1, 2018.)
  143. 1514.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    The court may appoint a guardian for the proposed ward’s person or estate if necessary or convenient, but must follow specific limits and preferences when making appointments.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1514. (a) Upon hearing of the petition, if it appears necessary or convenient, the court may appoint a guardian of the person or estate of the proposed ward or both. (b) (1) In appointing a guardian of the person, the court is governed by Chapter 1 (commencing with Section 3020) and Chapter 2 (commencing with Section 3040) of Part 2 of Division 8 of the Family Code, relating to custody of a minor. (2) Except as provided in Section 1510.1 or 2105, a minor’s parent may not be appointed as a guardian of the person of the minor. (c) The court shall appoint a guardian nominated under Section 1500 insofar as the nomination relates to the guardianship of the estate unless the court determines that the nominee is unsuitable. If the nominee is a relative, the nominee’s immigration status alone shall not constitute unsuitability. (d) The court shall appoint the person nominated under Section 1501 as guardian of the property covered by the nomination unless the court determines that the nominee is unsuitable. If the person so appointed is appointed only as guardian of the property covered by the nomination, the letters of guardianship shall so indicate. (e) Subject to subdivisions (c) and (d), in appointing a guardian of the estate: (1) The court is to be guided by what appears to be in the best interest of the proposed ward, taking into account the proposed guardian’s ability to manage and to preserve the estate as well as the proposed guardian’s concern for and interest in the welfare of the proposed ward. (2) If the proposed ward is of sufficient age to form an intelligent preference as to the person to be appointed as guardian, the court shall give consideration to that preference in determining the person to be so appointed. (Amended by Stats. 2024, Ch. 955, Sec. 3. (AB 2224) Effective January 1, 2025.)
  144. 1514.5.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    A family law court must provide needed information to a court hearing a probate guardianship matter on request, and the information must also be released to a guardianship investigator acting within the scope of duties.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1514.5. Notwithstanding any other provision of law, except provisions of law governing the retention and storage of data, a family law court shall, upon request from the court in any county hearing a probate guardianship matter proceeding before the court pursuant to this part, provide to the court all available information the court deems necessary to make a determination regarding the best interest of a child, as described in Section 3011 of the Family Code, who is the subject of the proceeding. The information shall also be released to a guardianship investigator, as provided in subdivision (a) of Section 1513, acting within the scope of his or her duties in that proceeding. Any information released pursuant to this section that is confidential pursuant to any other provision of law shall remain confidential and may not be released, except to the extent necessary to comply with this section. No records shared pursuant to this section may be disclosed to any party in a case unless the party requests the agency or court that originates the record to release these records and the request is granted. In counties that provide confidential family law mediation, or confidential dependency mediation, those mediations are not covered by this section. (Added by Stats. 2004, Ch. 574, Sec. 2. Effective January 1, 2005.)
  145. 1515.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    A guardian of the person may not be appointed for a minor who is married or whose marriage has been dissolved, unless the marriage has been adjudged a nullity.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1515. Notwithstanding any other provision of this part, no guardian of the person may be appointed for a minor who is married or whose marriage has been dissolved. This section does not apply in the case of a minor whose marriage has been adjudged a nullity. (Enacted by Stats. 1990, Ch. 79.)
  146. 1516.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    In guardianship-of-the-person cases, the petitioner must give the hearing notice and petition copy to the designated local agency at least 15 days before the hearing, and the child-protection social services agency must screen the guardian’s name and give the results to the court.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1516. (a) In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the local agency designated by the board of supervisors to investigate guardianships for the court. The local social services agency providing child protection services shall screen the name of the guardian for prior referrals of neglect or abuse of minors. The results of this screening shall be provided to the court. (b) This section does not apply to guardianships resulting from a permanency plan for a dependent child pursuant to Section 366.25 of the Welfare and Institutions Code. (Amended by Stats. 2017, Ch. 319, Sec. 32. (AB 976) Effective January 1, 2018.)
  147. 1516.5.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    A court may proceed under this section only if the child has been in the guardian’s physical custody for at least two years, the parents lack legal custody, and the court finds adoption by the guardian would benefit the child. The court must appoint an investigator or qualified professional, and parents keep notice-and-counsel rights. The section does not apply to a dependent child of the juvenile court or an Indian child.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1516.5. (a) A proceeding to have a child declared free from the custody and control of one or both parents may be brought in accordance with the procedures specified in Part 4 (commencing with Section 7800) of Division 12 of the Family Code within an existing guardianship proceeding, in an adoption action, or in a separate action filed for that purpose, if all of the following requirements are satisfied: (1) One or both parents do not have the legal custody of the child. (2) The child has been in the physical custody of the guardian for a period of not less than two years. (3) The court finds that the child would benefit from being adopted by his or her guardian. In making this determination, the court shall consider all factors relating to the best interest of the child, including, but not limited to, the nature and extent of the relationship between all of the following: (A) The child and the birth parent. (B) The child and the guardian, including family members of the guardian. (C) The child and any siblings or half siblings. (b) The court shall appoint a court investigator or other qualified professional to investigate all factors enumerated in subdivision (a). The findings of the investigator or professional regarding those issues shall be included in the written report required pursuant to Section 7851 of the Family Code. (c) The rights of the parent, including the rights to notice and counsel provided in Part 4 (commencing with Section 7800) of Division 12 of the Family Code, shall apply to actions brought pursuant to this section. (d) This section does not apply to any child who is a dependent of the juvenile court or to any Indian child. (Amended by Stats. 2010, Ch. 588, Sec. 9. (AB 2020) Effective January 1, 2011.)
  148. 1517.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    This section excludes certain guardianships from this part and preserves court authority to issue orders or make appointments about a child’s funds in specified cases.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment of Guardian Generally [1510 - 1517] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1517. (a) This part does not apply to guardianships resulting from the selection and implementation of a permanent plan pursuant to Section 366.26 of the Welfare and Institutions Code. For those minors, Section 366.26 of the Welfare and Institutions Code and Division 3 (commencing with Rule 5.500) of Title Five of the California Rules of Court specify the exclusive procedures for establishing, modifying, and terminating legal guardianships. If no specific provision of the Welfare and Institutions Code or the California Rules of Court is applicable, the provisions applicable to the administration of estates under Part 4 (commencing with Section 2100) govern so far as they are applicable to like situations. (b) This chapter shall not be construed to prevent a court that assumes jurisdiction of a minor child pursuant to Section 300 of the Welfare and Institutions Code, or a probate court, as appropriate, from issuing orders or making appointments, on motion of the child’s counsel, consistent with Division 2 of the Welfare and Institutions Code or Divisions 4 to 6, inclusive, of the Probate Code necessary to ensure the appropriate administration of funds for the benefit of the child. Orders or appointments regarding those funds may continue after the court’s jurisdiction is terminated pursuant to Section 391 of the Welfare and Institutions Code. (Amended by Stats. 2008, Ch. 166, Sec. 2. Effective January 1, 2009.)
  149. 15200.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A trust may be created in several specified ways, subject to other provisions of the chapter.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 15200. Subject to other provisions of this chapter, a trust may be created by any of the following methods: (a) A declaration by the owner of property that the owner holds the property as trustee. (b) A transfer of property by the owner during the owner’s lifetime to another person as trustee. (c) A transfer of property by the owner, by will or by other instrument taking effect upon the death of the owner, to another person as trustee. (d) An exercise of a power of appointment to another person as trustee. (e) An enforceable promise to create a trust. (Enacted by Stats. 1990, Ch. 79.)
  150. 15201.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A trust is created only when the settlor properly shows an intention to create a trust.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 15201. A trust is created only if the settlor properly manifests an intention to create a trust. (Enacted by Stats. 1990, Ch. 79.)
  151. 15202.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A trust can be created only when there is trust property.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 15202. A trust is created only if there is trust property. (Enacted by Stats. 1990, Ch. 79.)
  152. 15203.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A trust may be created for any purpose unless the purpose is illegal or against public policy.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 15203. A trust may be created for any purpose that is not illegal or against public policy. (Enacted by Stats. 1990, Ch. 79.)
  153. 15204.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A trust created for an indefinite or general purpose is not invalid if a particular use of the trust property can be identified with reasonable certainty as fitting that purpose.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 15204. A trust created for an indefinite or general purpose is not invalid for that reason if it can be determined with reasonable certainty that a particular use of the trust property comes within that purpose. (Enacted by Stats. 1990, Ch. 79.)
  154. 15205.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A non-charitable trust can be created only if it has a beneficiary.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 15205. (a) A trust, other than a charitable trust, is created only if there is a beneficiary. (b) The requirement of subdivision (a) is satisfied if the trust instrument provides for either of the following: (1) A beneficiary or class of beneficiaries that is ascertainable with reasonable certainty or that is sufficiently described so it can be determined that some person meets the description or is within the class. (2) A grant of a power to the trustee or some other person to select the beneficiaries based on a standard or in the discretion of the trustee or other person. (Enacted by Stats. 1990, Ch. 79.)
  155. 15206.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A trust relating to real property is valid only if it is evidenced in one of the listed ways.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 15206. A trust in relation to real property is not valid unless evidenced by one of the following methods: (a) By a written instrument signed by the trustee, or by the trustee’s agent if authorized in writing to do so. (b) By a written instrument conveying the trust property signed by the settlor, or by the settlor’s agent if authorized in writing to do so. (c) By operation of law. (Enacted by Stats. 1990, Ch. 79.)
  156. 15207.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    An oral trust of personal property can be proven only by clear and convincing evidence, and the settlor’s oral declaration alone is not enough.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 15207. (a) The existence and terms of an oral trust of personal property may be established only by clear and convincing evidence. (b) The oral declaration of the settlor, standing alone, is not sufficient evidence of the creation of a trust of personal property. (c) In the case of an oral trust, a reference in this division or elsewhere to a trust instrument or declaration means the terms of the trust as established pursuant to subdivision (a). (Enacted by Stats. 1990, Ch. 79.)
  157. 15208.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A trust can be created without consideration, but a future promise to create a trust is enforceable only if contract requirements are met.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 15208. Consideration is not required to create a trust, but a promise to create a trust in the future is enforceable only if the requirements for an enforceable contract are satisfied. (Enacted by Stats. 1990, Ch. 79.)
  158. 15209.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A trust with successor beneficiaries after the settlor’s death is not invalid, merged, or terminated in the specified settlor/trustee/beneficiary situations.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 15209. If a trust provides for one or more successor beneficiaries after the death of the settlor, the trust is not invalid, merged, or terminated in either of the following circumstances: (a) Where there is one settlor who is the sole trustee and the sole beneficiary during the settlor’s lifetime. (b) Where there are two or more settlors, one or more of whom are trustees, and the beneficial interest in the trust is in one or more of the settlors during the lifetime of the settlors. (Enacted by Stats. 1990, Ch. 79.)
  159. 15210.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A trust relating to real property may be recorded with the county recorder in the county where the property is located.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 15210. A trust created pursuant to this chapter which relates to real property may be recorded in the office of the county recorder in the county where all or a portion of the real property is located. (Enacted by Stats. 1990, Ch. 79.)
  160. 15211.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A trustee may perform a trust for a noncharitable corporation, unincorporated society, or lawful noncharitable purpose for only 21 years.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 15211. A trust for a noncharitable corporation or unincorporated society or for a lawful noncharitable purpose may be performed by the trustee for only 21 years, whether or not there is a beneficiary who can seek enforcement or termination of the trust and whether or not the terms of the trust contemplate a longer duration. (Added by Stats. 1991, Ch. 156, Sec. 20.)
  161. 15212.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    Animal trusts must be administered for the animal’s benefit, with court involvement if needed, and special distribution, accounting, inspection, and termination rules apply.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Creation and Validity of Trusts [15200 - 15212] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 15212. (a) Subject to the requirements of this section, a trust for the care of an animal is a trust for a lawful noncharitable purpose. Unless expressly provided in the trust, the trust terminates when no animal living on the date of the settlor’s death remains alive. The governing instrument of the animal trust shall be liberally construed to bring the trust within this section, to presume against the merely precatory or honorary nature of the disposition, and to carry out the general intent of the settlor. Extrinsic evidence is admissible in determining the settlor’s intent. (b) A trust for the care of an animal is subject to the following requirements: (1) Except as expressly provided otherwise in the trust instrument, the principal or income shall not be converted to the use of the trustee or to any use other than for the benefit of the animal. (2) Upon termination of the trust, the trustee shall distribute the unexpended trust property in the following order: (A) As directed in the trust instrument. (B) If the trust was created in a nonresiduary clause in the settlor’s will or in a codicil to the settlor’s will, under the residuary clause in the settlor’s will. (C) If the application of subparagraph (A) or (B) does not result in distribution of unexpended trust property, to the settlor’s heirs under Section 21114. (3) For the purposes of Section 21110, the residuary clause described in subparagraph (B) of paragraph (2) shall be treated as creating a future interest under the terms of a trust. (c) The intended use of the principal or income may be enforced by a person designated for that purpose in the trust instrument or, if none is designated, by a person appointed by a court. In addition to a person identified in subdivision (a) of Section 17200, any person interested in the welfare of the animal or any nonprofit charitable organization that has as its principal activity the care of animals may petition the court regarding the trust as provided in Chapter 3 (commencing with Section 17200) of Part 5. (d) If a trustee is not designated or no designated or successor trustee is willing or able to serve, a court shall name a trustee. A court may order the transfer of the trust property to a court-appointed trustee, if it is required to ensure that the intended use is carried out and if a successor trustee is not designated in the trust instrument or if no designated successor trustee agrees to serve or is able to serve. A court may also make all other orders and determinations as it shall deem advisable to carry out the intent of the settlor and the purpose of this section. (e) The accountings required by Section 16062 shall be provided to the beneficiaries who would be entitled to distribution if the animal were then deceased and to any nonprofit charitable corporation that has as its principal activity the care of animals and that has requested these accountings in writing. However, if the value of the assets in the trust does not exceed forty thousand dollars ($40,000), no filing, report, registration, periodic accounting, separate maintenance of funds, appointment, or fee is required by reason of the existence of the fiduciary relationship of the trustee, unless ordered by the court or required by the trust instrument. (f) Any beneficiary, any person designated by the trust instrument or the court to enforce the trust, or any nonprofit charitable corporation that has as its principal activity the care of animals may, upon reasonable request, inspect the animal, the premises where the animal is maintained, or the books and records of the trust. (g) A trust governed by this section is not subject to termination pursuant to subdivision (b) of Section 15408. (h) Section 15211 does not apply to a trust governed by this section. (i) For purposes of this section, “animal” means a domestic or pet animal for the benefit of which a trust has been established. (Repealed and added by Stats. 2008, Ch. 168, Sec. 2. Effective January 1, 2009.)
  162. 15300.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    If the trust instrument says a beneficiary’s income interest is nontransferable, that interest cannot be transferred and cannot be used to enforce a money judgment until it is paid to the beneficiary, except as provided in Sections 15304 to 15307.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 15300. Except as provided in Sections 15304 to 15307, inclusive, if the trust instrument provides that a beneficiary’s interest in income is not subject to voluntary or involuntary transfer, the beneficiary’s interest in income under the trust may not be transferred and is not subject to enforcement of a money judgment until paid to the beneficiary. (Enacted by Stats. 1990, Ch. 79.)
  163. 15301.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A beneficiary’s interest in trust principal generally cannot be transferred if the trust instrument says it is not subject to voluntary or involuntary transfer, except in the stated carve-outs.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 15301. (a) Except as provided in subdivision (b) and in Sections 15304 to 15307, inclusive, if the trust instrument provides that a beneficiary’s interest in principal is not subject to voluntary or involuntary transfer, the beneficiary’s interest in principal may not be transferred and is not subject to enforcement of a money judgment until paid to the beneficiary. (b) After an amount of principal has become due and payable to the beneficiary under the trust instrument, upon petition to the court under Section 709.010 of the Code of Civil Procedure by a judgment creditor, the court may make an order directing the trustee to satisfy the money judgment out of that principal amount. The court in its discretion may issue an order directing the trustee to satisfy all or part of the judgment out of that principal amount. (Enacted by Stats. 1990, Ch. 79.)
  164. 15302.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    Certain beneficiary interests in trust income or principal cannot be transferred or reached by a money judgment before payment, when the trust is for the beneficiary’s education or support, subject to specified exceptions.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 15302. Except as provided in Sections 15304 to 15307, inclusive, if the trust instrument provides that the trustee shall pay income or principal or both for the education or support of a beneficiary, the beneficiary’s interest in income or principal or both under the trust, to the extent the income or principal or both is necessary for the education or support of the beneficiary, may not be transferred and is not subject to the enforcement of a money judgment until paid to the beneficiary. (Enacted by Stats. 1990, Ch. 79.)
  165. 15303.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A transferee or creditor generally cannot force a trustee to make discretionary trust payments.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 15303. (a) If the trust instrument provides that the trustee shall pay to or for the benefit of a beneficiary so much of the income or principal or both as the trustee in the trustee’s discretion sees fit to pay, a transferee or creditor of the beneficiary may not compel the trustee to pay any amount that may be paid only in the exercise of the trustee’s discretion. (b) If the trustee has knowledge of the transfer of the beneficiary’s interest or has been served with process in a proceeding under Section 709.010 of the Code of Civil Procedure by a judgment creditor seeking to reach the beneficiary’s interest, and the trustee pays to or for the benefit of the beneficiary any part of the income or principal that may be paid only in the exercise of the trustee’s discretion, the trustee is liable to the transferee or creditor to the extent that the payment to or for the benefit of the beneficiary impairs the right of the transferee or creditor. This subdivision does not apply if the beneficiary’s interest in the trust is subject to a restraint on transfer that is valid under Section 15300 or 15301. (c) This section applies regardless of whether the trust instrument provides a standard for the exercise of the trustee’s discretion. (d) Nothing in this section limits any right the beneficiary may have to compel the trustee to pay to or for the benefit of the beneficiary all or part of the income or principal. (Enacted by Stats. 1990, Ch. 79.)
  166. 15304.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    This section limits spendthrift-style restraints in certain self-settled trusts and lets creditors reach some trust payments in specified cases.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 15304. (a) If the settlor is a beneficiary of a trust created by the settlor and the settlor’s interest is subject to a provision restraining the voluntary or involuntary transfer of the settlor’s interest, the restraint is invalid against transferees or creditors of the settlor. The invalidity of the restraint on transfer does not affect the validity of the trust. (b) If the settlor is the beneficiary of a trust created by the settlor and the trust instrument provides that the trustee shall pay income or principal or both for the education or support of the beneficiary or gives the trustee discretion to determine the amount of income or principal or both to be paid to or for the benefit of the settlor, a transferee or creditor of the settlor may reach the maximum amount that the trustee could pay to or for the benefit of the settlor under the trust instrument, not exceeding the amount of the settlor’s proportionate contribution to the trust. (c) For purposes of this chapter, the settlor shall not be considered to be a beneficiary of an irrevocable trust created by the settlor solely by reason of a discretionary authority vested in the trustee to pay directly or reimburse the settlor for any federal or state income tax on trust income or principal that is payable by the settlor, and a transferee or creditor of the settlor shall not be entitled to reach any amount solely by a reason of that discretionary authority. (Amended by Stats. 2022, Ch. 32, Sec. 1. (AB 1866) Effective January 1, 2023.)
  167. 15305.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A court may order a trustee to use trust payments to satisfy a support judgment, even if the trust says otherwise.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 15305. (a) As used in this section, “support judgment” means a money judgment for support of the trust beneficiary’s spouse or former spouse or minor child. (b) If the beneficiary has the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, the court may, to the extent that the court determines it is equitable and reasonable under the circumstances of the particular case, order the trustee to satisfy all or part of the support judgment out of all or part of those payments as they become due and payable, presently or in the future. (c) Whether or not the beneficiary has the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, the court may, to the extent that the court determines it is equitable and reasonable under the circumstances of the particular case, order the trustee to satisfy all or part of the support judgment out of all or part of future payments that the trustee, pursuant to the exercise of the trustee’s discretion, determines to make to or for the benefit of the beneficiary. (d) This section applies to a support judgment notwithstanding any provision in the trust instrument. (Enacted by Stats. 1990, Ch. 79.)
  168. 15305.5.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A court may order a trustee to use trust payments to satisfy all or part of a restitution judgment, if the statutory conditions are met.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 15305.5. (a) As used in this section, “restitution judgment” means a judgment awarding restitution for the commission of a felony or a money judgment for damages incurred as a result of conduct for which the defendant was convicted of a felony. (b) If the beneficiary has the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, the court may, to the extent that the court determines it is equitable and reasonable under the circumstances of the particular case, order the trustee to satisfy all or part of the restitution judgment out of all or part of those payments as they become due and payable, presently or in the future. (c) Whether or not the beneficiary has the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, the court may, to the extent that the court determines it is equitable and reasonable under the circumstances of the particular case, order the trustee to satisfy all or part of the restitution judgment out of all or part of future payments that the trustee, pursuant to the exercise of the trustee’s discretion, determines to make to or for the benefit of the beneficiary. (d) This section applies to a restitution judgment notwithstanding any provision in the trust instrument. (Added by Stats. 1991, Ch. 175, Sec. 1.)
  169. 15306.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A court may order a trustee to use trust payments to satisfy a beneficiary’s public-support reimbursement liability, but not for certain disability trusts unless the special exception applies.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 15306. (a) Notwithstanding any provision in the trust instrument, if a statute of this state makes the beneficiary liable for reimbursement of this state or a local public entity in this state for public support furnished to the beneficiary or to the beneficiary’s spouse or minor child, upon petition to the court under Section 709.010 of the Code of Civil Procedure by the appropriate state or local public entity or public official, to the extent the court determines it is equitable and reasonable under the circumstances of the particular case, the court may do the following: (1) If the beneficiary has the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, order the trustee to satisfy all or part of the liability out of all or part of the payments as they become due, presently or in the future. (2) Whether or not the beneficiary has the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, order the trustee to satisfy all or part of the liability out of all or part of the future payments that the trustee, pursuant to the exercise of the trustee’s discretion, determines to make to or for the benefit of the beneficiary. (3) If the beneficiary is a settlor or the spouse or minor child of the settlor and the beneficiary does not have the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, to the extent that the trustee has the right to make payments of income or principal or both to or for the beneficiary pursuant to the exercise of the trustee’s discretion, order the trustee to satisfy all or part of the liability without regard to whether the trustee has then exercised or may thereafter exercise the discretion in favor of the beneficiary. (b) Subdivision (a) does not apply to any trust that is established for the benefit of an individual who has a disability that substantially impairs the individual’s ability to provide for his or her own care or custody and constitutes a substantial handicap. If, however, the trust results in the individual being ineligible for needed public social services under Division 9 (commencing With Section 10000) of the Welfare and Institutions Code, this subdivision is not applicable and the provisions of subdivision (a) are to be applied. (Enacted by Stats. 1990, Ch. 79.)
  170. 15306.5.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A court may order a trustee to pay some trust distributions to satisfy a judgment, but only under this section’s limits.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 15306.5. (a) Notwithstanding a restraint on transfer of the beneficiary’s interest in the trust under Section 15300 or 15301, and subject to the limitations of this section, upon a judgment creditor’s petition under Section 709.010 of the Code of Civil Procedure, the court may make an order directing the trustee to satisfy all or part of the judgment out of the payments to which the beneficiary is entitled under the trust instrument or that the trustee, in the exercise of the trustee’s discretion, has determined or determines in the future to pay to the beneficiary. (b) An order under this section may not require that the trustee pay in satisfaction of the judgment an amount exceeding 25 percent of the payment that otherwise would be made to, or for the benefit of, the beneficiary. (c) An order under this section may not require that the trustee pay in satisfaction of the judgment any amount that the court determines is necessary for the support of the beneficiary and all the persons the beneficiary is required to support. (d) An order for satisfaction of a support judgment, as defined in Section 15305, has priority over an order to satisfy a judgment under this section. Any amount ordered to be applied to the satisfaction of a judgment under this section shall be reduced by the amount of an order for satisfaction of a support judgment under Section 15305, regardless of whether the order for satisfaction of the support judgment was made before or after the order under this section. (e) If the trust gives the trustee discretion over the payment of either principal or income of a trust, or both, nothing in this section affects or limits that discretion in any manner. The trustee has no duty to oppose a petition to satisfy a judgment under this section or to make any claim for exemption on behalf of the beneficiary. The trustee is not liable for any action taken, or omitted to be taken, in compliance with any court order made under this section. (f) Subject to subdivision (d), the aggregate of all orders for satisfaction of money judgments against the beneficiary’s interest in the trust may not exceed 25 percent of the payment that otherwise would be made to, or for the benefit of, the beneficiary. (Enacted by Stats. 1990, Ch. 79.)
  171. 15307.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A beneficiary’s excess trust payments may be used to satisfy a money judgment, and the court may order the trustee to do so on the judgment creditor’s petition.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 15307. Notwithstanding a restraint on transfer of a beneficiary’s interest in the trust under Section 15300 or 15301, any amount to which the beneficiary is entitled under the trust instrument or that the trustee, in the exercise of the trustee’s discretion, has determined to pay to the beneficiary in excess of the amount that is or will be necessary for the education and support of the beneficiary may be applied to the satisfaction of a money judgment against the beneficiary. Upon the judgment creditor’s petition under Section 709.010 of the Code of Civil Procedure, the court may make an order directing the trustee to satisfy all or part of the judgment out of the beneficiary’s interest in the trust. (Enacted by Stats. 1990, Ch. 79.)
  172. 15308.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    Orders entered under specified sections may be modified if an interested person files a petition in the same court that made the order.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 15308. Any order entered by a court under Section 15305, 15306, 15306.5, or 15307 is subject to modification upon petition of an interested person filed in the court where the order was made. (Enacted by Stats. 1990, Ch. 79.)
  173. 15309.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A beneficiary’s disclaimer or renunciation of all or part of a trust interest is not treated as a transfer under Sections 15300 or 15301.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers [15300 - 15309] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 15309. A disclaimer or renunciation by a beneficiary of all or part of his or her interest under a trust shall not be considered a transfer under Section 15300 or 15301. (Enacted by Stats. 1990, Ch. 79.)
  174. 1540.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Nonrelative Guardianships [1540 - 1543] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    This article does not apply in several listed guardianship situations.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Nonrelative Guardianships [1540 - 1543] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1540. This article does not apply in any of the following cases: (a) Where the petition is for guardianship of the estate exclusively. (b) Where the proposed guardian is a relative of the proposed ward. (c) Where the Director of Developmental Services is appointed guardian pursuant to Article 7.5 (commencing with Section 416) of Chapter 2 of Part 1 of Division 1 of the Health and Safety Code. (d) Where the director of the department designated by the board of supervisors to provide social services is appointed guardian. (e) Where the public guardian is appointed guardian. (f) Where the guardianship results from a permanency plan for a dependent child pursuant to Section 366.25 of the Welfare and Institutions Code. (Enacted by Stats. 1990, Ch. 79.)
  175. 15400.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A settlor may revoke a trust unless the trust instrument expressly makes it irrevocable.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15400. Unless a trust is expressly made irrevocable by the trust instrument, the trust is revocable by the settlor. This section applies only where the settlor is domiciled in this state when the trust is created, where the trust instrument is executed in this state, or where the trust instrument provides that the law of this state governs the trust. (Enacted by Stats. 1990, Ch. 79.)
  176. 15401.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    This section says when a revocable trust may be revoked and who can do it.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15401. (a) A trust that is revocable by the settlor or any other person may be revoked in whole or in part by any of the following methods: (1) By compliance with any method of revocation provided in the trust instrument. (2) By a writing, other than a will, signed by the settlor or any other person holding the power of revocation and delivered to the trustee during the lifetime of the settlor or the person holding the power of revocation. If the trust instrument explicitly makes the method of revocation provided in the trust instrument the exclusive method of revocation, the trust may not be revoked pursuant to this paragraph. (b) (1) Unless otherwise provided in the instrument, if a trust is created by more than one settlor, each settlor may revoke the trust as to the portion of the trust contributed by that settlor, except as provided in Section 761 of the Family Code. (2) Notwithstanding paragraph (1), a settlor may grant to another person, including, but not limited to, his or her spouse, a power to revoke all or part of that portion of the trust contributed by that settlor, regardless of whether that portion was separate property or community property of that settlor, and regardless of whether that power to revoke is exercisable during the lifetime of that settlor or continues after the death of that settlor, or both. (c) A trust may not be modified or revoked by an attorney in fact under a power of attorney unless it is expressly permitted by the trust instrument. (d) This section shall not limit the authority to modify or terminate a trust pursuant to Section 15403 or 15404 in an appropriate case. (e) The manner of revocation of a trust revocable by the settlor or any other person that was created by an instrument executed before July 1, 1987, is governed by prior law and not by this section. (Amended by Stats. 2012, Ch. 55, Sec. 1. (AB 1683) Effective January 1, 2013.)
  177. 15402.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A settlor may modify a revocable trust using the revocation procedure, unless the trust instrument says otherwise.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15402. Unless the trust instrument provides otherwise, if a trust is revocable by the settlor, the settlor may modify the trust by the procedure for revocation. (Enacted by Stats. 1990, Ch. 79.)
  178. 15403.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    If all beneficiaries of an irrevocable trust consent, they may ask the court to modify or end the trust, subject to limits for material-purpose trusts and certain transfer restraints.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15403. (a) Except as provided in subdivision (b), if all beneficiaries of an irrevocable trust consent, they may petition the court for modification or termination of the trust. (b) If the continuance of the trust is necessary to carry out a material purpose of the trust, the trust cannot be modified or terminated unless the court, in its discretion, determines that the reason for doing so under the circumstances outweighs the interest in accomplishing a material purpose of the trust. If the trust is subject to a valid restraint on the transfer of a beneficiary’s interest as provided in Chapter 2 (commencing with Section 15300), the trust may not be terminated unless the court determines there is good cause to do so. (c) If the trust provides for the disposition of principal to a class of persons described only as “heirs” or “next of kin” of the settlor, or using other words that describe the class of all persons who would take under the rules of intestacy, the court may limit the class of beneficiaries whose consent is necessary to modify or terminate a trust to the beneficiaries who are reasonably likely to take under the circumstances. (Amended by Stats. 2017, Ch. 61, Sec. 1. (SB 333) Effective January 1, 2018.)
  179. 15404.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A trust can be modified or terminated with written consent of the settlor and all beneficiaries, and some court involvement is allowed if a beneficiary does not consent.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15404. (a) A trust may be modified or terminated by the written consent of the settlor and all beneficiaries without court approval of the modification or termination. (b) If any beneficiary does not consent to the modification or termination of the trust, the court may modify or partially terminate the trust upon petition to the court by the other beneficiaries, with the consent of the settlor, if the interests of the beneficiaries who do not consent are not substantially impaired. (c) If the trust provides for the disposition of principal to a class of persons described only as “heirs” or “next of kin” of the settlor, or using other words that describe the class of all persons who would take under the rules of intestacy, the court may limit the class of beneficiaries whose consent is necessary to modify or terminate a trust to the beneficiaries who are reasonably likely to take under the circumstances. (Amended by Stats. 2017, Ch. 61, Sec. 2. (SB 333) Effective January 1, 2018.)
  180. 15405.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A guardian ad litem may give consent for certain beneficiaries in court proceedings, if appropriate, and may rely on general family benefit when deciding whether to consent.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15405. For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn beneficiary may be given in proceedings before the court by a guardian ad litem, if it would be appropriate to do so. In determining whether to give consent, the guardian ad litem may rely on general family benefit accruing to living members of the beneficiary’s family as a basis for approving a modification or termination of the trust. (Amended by Stats. 2023, Ch. 260, Sec. 22. (SB 345) Effective January 1, 2024.)
  181. 15406.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    When deciding whose consent is needed to modify or end a trust under Sections 15403 or 15404, the presumption of fertility can be rebutted.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15406. In determining the class of beneficiaries whose consent is necessary to modify or terminate a trust pursuant to Section 15403 or 15404, the presumption of fertility is rebuttable. (Enacted by Stats. 1990, Ch. 79.)
  182. 15407.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A trust ends if its term expires, its purpose is fulfilled, its purpose becomes unlawful or impossible, or it is revoked.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15407. (a) A trust terminates when any of the following occurs: (1) The term of the trust expires. (2) The trust purpose is fulfilled. (3) The trust purpose becomes unlawful. (4) The trust purpose becomes impossible to fulfill. (5) The trust is revoked. (b) On termination of the trust, the trustee continues to have the powers reasonably necessary under the circumstances to wind up the affairs of the trust. (Enacted by Stats. 1990, Ch. 79.)
  183. 15408.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A trustee or beneficiary may petition the court to end, modify, or replace a trustee of a trust when the trust’s principal has become too small relative to administration costs, and the trustee may terminate a trust worth $100,000 or less.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15408. (a) On petition by a trustee or beneficiary, if the court determines that the fair market value of the principal of a trust has become so low in relation to the cost of administration that continuation of the trust under its existing terms will defeat or substantially impair the accomplishment of its purposes, the court may, in its discretion and in a manner that conforms as nearly as possible to the intention of the settlor, order any of the following: (1) Termination of the trust. (2) Modification of the trust. (3) Appointment of a new trustee. (b) Notwithstanding subdivision (a), if the fair market value of the principal of a trust does not exceed one hundred thousand dollars ($100,000) in value, the trustee has the power to terminate the trust. (c) The existence of a trust provision restraining transfer of the beneficiary’s interest does not prevent application of this section. (Amended by Stats. 2024, Ch. 76, Sec. 1. (SB 1127) Effective January 1, 2025.)
  184. 15409.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A court may modify or terminate a trust on petition by a trustee or beneficiary if changed circumstances would defeat or substantially impair the trust’s purposes.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15409. (a) On petition by a trustee or beneficiary, the court may modify the administrative or dispositive provisions of the trust or terminate the trust if, owing to circumstances not known to the settlor and not anticipated by the settlor, the continuation of the trust under its terms would defeat or substantially impair the accomplishment of the purposes of the trust. In this case, if necessary to carry out the purposes of the trust, the court may order the trustee to do acts that are not authorized or are forbidden by the trust instrument. (b) The court shall consider a trust provision restraining transfer of the beneficiary’s interest as a factor in making its decision whether to modify or terminate the trust, but the court is not precluded from exercising its discretion to modify or terminate the trust solely because of a restraint on transfer. (Enacted by Stats. 1990, Ch. 79.)
  185. 1541.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Nonrelative Guardianships [1540 - 1543] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    A guardianship petition must include three additional statements: prompt submission of requested investigation information, disclosure of any adoption petition by the proposed guardian, and a statement about the proposed guardian’s home licensing status.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Nonrelative Guardianships [1540 - 1543] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1541. In addition to the other required contents of the petition for appointment of a guardian, the petition shall include both of the following: (a) A statement by the proposed guardian that, upon request by an agency referred to in Section 1543 for information relating to the investigation referred to in that section, the proposed guardian will promptly submit the information required. (b) A disclosure of any petition for adoption by the proposed guardian of the minor who is the subject of the guardianship petition regardless of when or where filed. (c) A statement whether or not the home of the proposed guardian is a licensed foster family home, a certified family home of a licensed foster family agency, or a resource family home approved by a county or a licensed foster family agency. (Amended by Stats. 2016, Ch. 612, Sec. 58. (AB 1997) Effective January 1, 2017.)
  186. 15410.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    When a trust ends, its property must be distributed according to the settlor’s directions, the trust instrument, beneficiary agreements, or a court-directed method, depending on how the trust was revoked or terminated.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15410. At the termination of a trust, the trust property shall be disposed of as follows: (a) In the case of a trust that is revoked by the settlor, the trust property shall be disposed of in the following order of priority: (1) As directed by the settlor. (2) As provided in the trust instrument. (3) To the extent that there is no direction by the settlor or in the trust instrument, to the settlor, or his or her estate, as the case may be. (b) In the case of a trust that is revoked by any person holding a power of revocation other than the settlor, the trust property shall be disposed of in the following order of priority: (1) As provided in the trust instrument. (2) As directed by the person exercising the power of revocation. (3) To the extent that there is no direction in the trust instrument or by the person exercising the power of revocation, to the person exercising the power of revocation, or his or her estate, as the case may be. (c) In the case of a trust that is terminated by the consent of the settlor and all beneficiaries, as agreed by the settlor and all beneficiaries. (d) In any other case, as provided in the trust instrument or in a manner directed by the court that conforms as nearly as possible to the intention of the settlor as expressed in the trust instrument. (e) If a trust is terminated by the trustee pursuant to subdivision (b) of Section 15408, the trust property may be distributed as determined by the trustee pursuant to the standard provided in subdivision (d) without the need for a court order. If the trust instrument does not provide a manner of distribution at termination and the settlor’s intent is not adequately expressed in the trust instrument, the trustee may distribute the trust property to the living beneficiaries on an actuarial basis. (Amended by Stats. 2012, Ch. 55, Sec. 2. (AB 1683) Effective January 1, 2013.)
  187. 15411.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A court may combine two or more substantially similar trusts if good cause is shown and doing so will not defeat or substantially impair the trust’s purposes or beneficiaries’ interests.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15411. If the terms of two or more trusts are substantially similar, on petition by a trustee or beneficiary, the court, for good cause shown, may combine the trusts if the court determines that administration as a single trust will not defeat or substantially impair the accomplishment of the trust purposes or the interests of the beneficiaries. (Enacted by Stats. 1990, Ch. 79.)
  188. 15412.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A trustee or beneficiary may petition the court to split a trust into separate trusts, and the court may do so for good cause if the split will not defeat or substantially impair the trust’s purposes or the beneficiaries’ interests.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15412. On petition by a trustee or beneficiary, the court, for good cause shown, may divide a trust into two or more separate trusts, if the court determines that dividing the trust will not defeat or substantially impair the accomplishment of the trust purposes or the interests of the beneficiaries. (Enacted by Stats. 1990, Ch. 79.)
  189. 15413.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A trust term saying the trust cannot be terminated is ineffective after the longer period allowed by the statutory rule against perpetuities.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15413. A trust provision, express or implied, that the trust may not be terminated is ineffective insofar as it purports to be applicable after the expiration of the longer of the periods provided by the statutory rule against perpetuities, Article 2 (commencing with Section 21205) of Chapter 1 of Part 2 of Division 11. (Added by Stats. 1991, Ch. 156, Sec. 22.)
  190. 15414.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A trust that outlives the relevant perpetuities period may be terminated by petition in specified ways.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS [15200 - 15414] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Modification and Termination of Trusts [15400 - 15414] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 15414. Notwithstanding any other provision in this chapter, if a trust continues in existence after the expiration of the longer of the periods provided by the statutory rule against perpetuities, Article 2 (commencing with Section 21205) of Chapter 1 of Part 2 of Division 11, the trust may be terminated in either of the following manners: (a) On petition by a majority of the beneficiaries. (b) On petition by the Attorney General or by any person who would be affected by the termination, if the court finds that the termination would be in the public interest or in the best interest of a majority of the persons who would be affected by the termination. (Added by Stats. 1991, Ch. 156, Sec. 23.)
  191. 1542.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Nonrelative Guardianships [1540 - 1543] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    For petitions for guardianship of the person, the petitioner must deliver a notice of the hearing and a copy of the petition at least 15 days before the hearing to the Director of Social Services and the designated local agency.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Nonrelative Guardianships [1540 - 1543] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1542. In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the Director of Social Services at the director’s office in Sacramento and to the local agency designated by the board of supervisors to investigate guardianships for the court. (Amended by Stats. 2017, Ch. 319, Sec. 33. (AB 976) Effective January 1, 2018.)
  192. 1543.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Nonrelative Guardianships [1540 - 1543] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    This section requires a report about the proposed guardian to be filed with the court, with different filing agencies depending on whether an adoption petition has been filed, and keeps the report confidential.

    ## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 2. GUARDIANSHIP [1500 - 1611] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Guardianship [1500 - 1543] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Nonrelative Guardianships [1540 - 1543] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1543. (a) If the petition as filed or as amended states that an adoption petition has been filed, a report with respect to the suitability of the proposed guardian for guardianship shall be filed with the court by the agency investigating the adoption. In other cases, the local agency designated by the board of supervisors to provide public social services shall file a report with the court with respect to the proposed guardian of the same character required to be made with regard to an applicant for foster family home licensure, or, on and after January 1, 2020, resource family approval, as described in Section 16519.5 of the Welfare and Institutions Code. (b) The report filed with the court pursuant to this section is confidential. The report may be considered by the court and shall be made available only to the persons who have been served in the proceeding and the persons who have appeared in the proceeding or their attorneys. The report may be received in evidence upon stipulation of counsel for all of those persons who are present at the hearing or, if a person is present at the hearing but is not represented by counsel, upon consent of that person. (Amended by Stats. 2016, Ch. 612, Sec. 59. (AB 1997) Effective January 1, 2017.)
  193. 15600.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [15600 - 15604] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A named trustee may accept the trust in specified ways, and may act to preserve trust property in an emergency before accepting it, if a written rejection is delivered within a reasonable time.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [15600 - 15604] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 15600. (a) The person named as trustee may accept the trust, or a modification of the trust, by one of the following methods: (1) Signing the trust instrument or the trust instrument as modified, or signing a separate written acceptance. (2) Knowingly exercising powers or performing duties under the trust instrument or the trust instrument as modified, except as provided in subdivision (b). (b) In a case where there is an immediate risk of damage to the trust property, the person named as trustee may act to preserve the trust property without accepting the trust or a modification of the trust, if within a reasonable time after acting the person delivers a written rejection of the trust or the modification of the trust to the settlor or, if the settlor is dead or incompetent, to a beneficiary. This subdivision does not impose a duty on the person named as trustee to act. (Enacted by Stats. 1990, Ch. 79.)
  194. 15601.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [15600 - 15604] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A person named as trustee may reject the trust or a modification in writing.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [15600 - 15604] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 15601. (a) A person named as trustee may in writing reject the trust or a modification of the trust. (b) If the person named as trustee does not accept the trust or a modification of the trust by a method provided in subdivision (a) of Section 15600 within a reasonable time after learning of being named as trustee or of the modification, the person has rejected the trust or the modification. (c) A person named as trustee who rejects the trust or a modification of the trust is not liable with respect to the rejected trust or modification. (Enacted by Stats. 1990, Ch. 79.)
  195. 15602.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [15600 - 15604] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A trustee usually does not have to post bond, but bond is required in specified situations.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [15600 - 15604] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 15602. (a) A trustee is not required to give a bond to secure performance of the trustee’s duties, unless any of the following circumstances occurs: (1) A bond is required by the trust instrument. (2) Notwithstanding a waiver of a bond in the trust instrument, a bond is found by the court to be necessary to protect the interests of beneficiaries or other persons having an interest in the trust. (3) An individual who is not named as a trustee in the trust instrument is appointed as a trustee by the court. (b) Notwithstanding paragraphs (1) and (3) of subdivision (a), the court may excuse a requirement of a bond, reduce or increase the amount of a bond, release a surety, or permit the substitution of another bond with the same or different sureties. The court may not, however, excuse the requirement of a bond for an individual described in paragraph (3) of subdivision (a), except under compelling circumstances. For the purposes of this section, a request by all the adult beneficiaries of a trust that bond be waived for an individual described in paragraph (3) of subdivision (a) for their trust is deemed to constitute a compelling circumstance. (c) If a bond is required, it shall be filed or served and shall be in the amount and with sureties and liabilities ordered by the court. (d) Except as otherwise provided in the trust instrument or ordered by the court, the cost of the bond shall be charged against the trust. (e) A trust company may not be required to give a bond, notwithstanding a contrary provision in the trust instrument. (Amended by Stats. 2004, Ch. 75, Sec. 1. Effective January 1, 2005.)
  196. 15603.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [15600 - 15604] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    If the trustee applies and the court file shows the trustee’s incumbency, the court clerk must issue a certificate stating that the trustee is duly appointed and acting under the trust.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [15600 - 15604] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 15603. On application by the trustee, the court clerk shall issue a certificate that the trustee is a duly appointed and acting trustee under the trust if the court file shows the incumbency of the trustee. (Enacted by Stats. 1990, Ch. 79.)
  197. 15604.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [15600 - 15604] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A nonprofit charitable corporation can be appointed trustee only if stated conditions are met, and the appointed trustee must file bond, register, file annual statements and accountings, and follow trustee duties.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [15600 - 15604] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 15604. (a) Notwithstanding any other provision of law, a nonprofit charitable corporation may be appointed as trustee of a trust created pursuant to this division, if all of the following conditions are met: (1) The corporation is incorporated in this state. (2) The articles of incorporation specifically authorize the corporation to accept appointments as trustee. (3) For the three years prior to the filing of a petition under this section, the nonprofit charitable corporation has been exempt from payment of income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code and has served as a private professional conservator in the state. (4) The settlor or an existing trustee consents to the appointment of the nonprofit corporation as trustee or successor trustee, either in the petition or in a writing signed either before or after the petition is filed. (5) The court determines the trust to be in the best interest of the settlor. (6) The court determines that the appointment of the nonprofit corporation as trustee is in the best interest of the settlor and the trust estate. (b) A petition for appointment of a nonprofit corporation as trustee under this section may be filed by any of the following: (1) The settlor or the spouse of the settlor. (2) The nonprofit charitable corporation. (3) An existing trustee. (c) The petition shall include in the caption the name of a responsible corporate officer who shall act for the corporation for purposes of this section. If, for any reason, the officer so named ceases to act as the responsible corporate officer for purposes of this section, the corporation shall file with the court a notice containing (1) the name of the successor responsible corporate officer and (2) the date the successor becomes the responsible corporate officer. (d) The petition shall request that a trustee be appointed for the estate, shall specify the name, address, and telephone number of the proposed trustee and the name, address, and telephone number of the settlor or proposed settlor, and state the reasons why the appointment of the trustee is necessary. (e) The petition shall set forth, so far as the information is known to the petitioner, the names and addresses of all persons entitled to notice of a conservatorship petition, as specified in subdivision (b) of Section 1821. (f) Notice of the hearing on the petition shall be given in the same manner as provided in Sections 1822 and 1824. (g) The trustee appointed by the court pursuant to this section shall do all of the following: (1) File the required bond for the benefit of the trust estate in the same manner provided for conservators of the estate as set forth in Section 2320. This bond may not be waived, but the court may, in its discretion, permit the filing of a bond in an amount less than would otherwise be required under Section 2320. (2) Comply with the requirements for registration and filing of annual statements pursuant to Article 4 (commencing with Section 2340) of Chapter 4 of Part 4 of Division 4. (3) File with the court inventories and appraisals of the trust estate and present its accounts of the trust estate in the manner provided for conservators of the estate set forth in Chapter 7 (commencing with Section 2600) of Part 4 of Division 4. (4) Be reimbursed for expenses and compensated as trustee in the manner provided for conservators of the estate as described in Chapter 8 (commencing with Section 2640) of Part 4 of Division 4. However, compensation as trustee appointed under this section shall be allowed only for services actually rendered. (5) Be represented by counsel in all proceedings before the court. Any fee allowed for an attorney for the nonprofit charitable corporation shall be for services actually rendered. (h) The trustee appointed by the court under this section may be removed by the court, or may resign in accordance with Chapter 9 (commencing with Section 2650) of Part 4 of Division 4. If the nonprofit charitable corporation resigns or is removed by the court, the settlor may appoint another person as successor trustee, or another nonprofit charitable corporation as trustee under this section. (i) The trustee appointed by the court under this section is bound by the trust instrument created by the settlor, and shall be subject to the duties and responsibilities of a trustee as provided in this code. (Amended by Stats. 2001, Ch. 351, Sec. 2. Effective January 1, 2002.)
  198. 15620.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Cotrustees [15620 - 15622] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    Two or more trustees may exercise a vested power only by unanimous action, unless the trust instrument says otherwise.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Cotrustees [15620 - 15622] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 15620. Unless otherwise provided in the trust instrument, a power vested in two or more trustees may only be exercised by their unanimous action. (Enacted by Stats. 1990, Ch. 79.)
  199. 15621.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Cotrustees [15620 - 15622] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    If a cotrustee vacancy occurs, the remaining cotrustee(s) may act for the trust as though they were the only trustees, unless the trust instrument says otherwise.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Cotrustees [15620 - 15622] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 15621. Unless otherwise provided in the trust instrument, if a vacancy occurs in the office of a cotrustee, the remaining cotrustee or cotrustees may act for the trust as if they are the only trustees. (Enacted by Stats. 1990, Ch. 79.)
  200. 15622.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Cotrustees [15620 - 15622] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    If a cotrustee is temporarily unavailable, the remaining cotrustee(s) may act for the trust unless the trust instrument says otherwise.

    ## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 3. TRUSTEES AND BENEFICIARIES [15600 - 15805] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Trustees [15600 - 15688] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Cotrustees [15620 - 15622] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 15622. Unless otherwise provided in the trust instrument, if a cotrustee is unavailable to perform the duties of the cotrustee because of absence, illness, or other temporary incapacity, the remaining cotrustee or cotrustees may act for the trust, as if they are the only trustees, where necessary to accomplish the purposes of the trust or to avoid irreparable injury to the trust property. (Enacted by Stats. 1990, Ch. 79.)

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