Probate Code
Part 5 of 14 · provisions 801–1,000
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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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- 17205. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceedings Concerning Trusts [17200 - 17211] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
If a trustee or beneficiary has filed a notice of appearance or requested a copy of the petition and given a delivery address, the petitioner must deliver a copy of the petition to that person within five days.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceedings Concerning Trusts [17200 - 17211] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 17205. If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioner’s counsel in connection with a particular petition and proceeding or a written request for a copy of the petition, and has given an address to which notice or a copy of the petition may be delivered pursuant to Section 1215, the petitioner shall cause a copy of the petition to be delivered to that person within five days after service of the notice of appearance or receipt of the request. (Amended by Stats. 2017, Ch. 319, Sec. 96. (AB 976) Effective January 1, 2018.) - 17206. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceedings Concerning Trusts [17200 - 17211] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
The court may, at its discretion, issue orders or take other action needed to resolve the matters in the petition, including appointing a temporary trustee.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceedings Concerning Trusts [17200 - 17211] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 17206. The court in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by the petition, including appointment of a temporary trustee to administer the trust in whole or in part. (Enacted by Stats. 1990, Ch. 79.) - 17209. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceedings Concerning Trusts [17200 - 17211] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Trust administration is meant to move quickly and without judicial intervention, but remains subject to the court’s jurisdiction.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceedings Concerning Trusts [17200 - 17211] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 17209. The administration of trusts is intended to proceed expeditiously and free of judicial intervention, subject to the jurisdiction of the court. (Enacted by Stats. 1990, Ch. 79.) - 17210. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceedings Concerning Trusts [17200 - 17211] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
The Attorney General may petition under this chapter in a case involving a charitable trust within the Attorney General’s jurisdiction.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceedings Concerning Trusts [17200 - 17211] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 17210. In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Attorney General may petition under this chapter. (Enacted by Stats. 1990, Ch. 79.) - 17211. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceedings Concerning Trusts [17200 - 17211] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
If a beneficiary contests a trustee’s account in bad faith and without reasonable cause, the court may shift litigation costs; the losing side may be personally liable for any unpaid amount.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Proceedings Concerning Trusts [17200 - 17211] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 17211. (a) If a beneficiary contests the trustee’s account and the court determines that the contest was without reasonable cause and in bad faith, the court may award against the contestant the compensation and costs of the trustee and other expenses and costs of litigation, including attorney’s fees, incurred to defend the account. The amount awarded shall be a charge against any interest of the beneficiary in the trust. The contestant shall be personally liable for any amount that remains unsatisfied. (b) If a beneficiary contests the trustee’s account and the court determines that the trustee’s opposition to the contest was without reasonable cause and in bad faith, the court may award the contestant the costs of the contestant and other expenses and costs of litigation, including attorney’s fees, incurred to contest the account. The amount awarded shall be a charge against the compensation or other interest of the trustee in the trust. The trustee shall be personally liable and on the bond, if any, for any amount that remains unsatisfied. (Added by Stats. 1996, Ch. 563, Sec. 31. Effective January 1, 1997.) - 17300. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17304] ( Article 1 enacted by Stats. 1990, Ch. 79. )
This article applies only to certain testamentary trusts: trusts created by wills executed before July 1, 1977 (with a specific incorporation limitation), and trusts created by wills that make the trust subject to the superior court’s continuing jurisdiction.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17304] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 17300. This article applies only to the following: (a) A trust created by a will executed before July 1, 1977, and not incorporated by reference in a will on or after July 1, 1977. (b) A trust created by a will which provides that the trust is subject to the continuing jurisdiction of the superior court. (Enacted by Stats. 1990, Ch. 79.) - 17301. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17304] ( Article 1 enacted by Stats. 1990, Ch. 79. )
If a qualifying trust continues after the decedent’s estate is distributed, the probate court keeps jurisdiction over the trust.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17304] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 17301. If a trust described in Section 17300 continues after distribution of the decedent’s estate, the court in which the decedent’s estate was administered retains jurisdiction over the trust for any of the purposes specified in Section 17200. (Enacted by Stats. 1990, Ch. 79.) - 17302. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17304] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Proceedings relating to trusts under continuing court jurisdiction are governed by this part, unless this article says otherwise.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17304] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 17302. Except as otherwise provided in this article, proceedings relating to trusts under continuing court jurisdiction are governed by this part. (Enacted by Stats. 1990, Ch. 79.) - 17303. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17304] ( Article 1 enacted by Stats. 1990, Ch. 79. )
This article does not apply to certain trusts that were removed from continuing court jurisdiction.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17304] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 17303. This article does not apply to a trust described in Section 17300 that has been removed from continuing court jurisdiction. (Enacted by Stats. 1990, Ch. 79.) - 17304. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17304] ( Article 1 enacted by Stats. 1990, Ch. 79. )
This section lets a qualifying trust be transferred to another county in California, and it sets out the petition, court order, and document-filing steps for that transfer.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17304] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 17304. (a) At any time after final distribution of the decedent’s estate, a trust described in Section 17300 may be transferred to a different county in this state as provided in this section. (b) The petition for transfer shall set forth all of the following: (1) The name of the county to which jurisdiction over the trust is sought to be transferred. (2) The names, ages, and places of residence of the trustees and all beneficiaries of the trust, so far as known to the petitioner. (3) A brief description of the character, condition, value, and location of property of the trust. (4) A brief statement of the reasons for transfer. (c) If, after hearing, it appears to the court that the transfer of jurisdiction to the county designated in the petition or to any other county in this state will be in the best interests of the estate, or that economical and convenient administration of the trust will be facilitated by the transfer, the court shall make an order transferring jurisdiction over the trust. Upon such order, the court clerk shall certify a copy of the order of transfer to the clerk of the court to which jurisdiction is transferred, together with copies of the instrument creating the trust, the decree of distribution, and any other documents or matters of record the court determines by order to be necessary to define the powers and duties of the trustee, or otherwise to be necessary in connection with further administration of the trust. (d) The court to which jurisdiction is transferred may from time to time require by order the filing of certified copies of additional papers or matters of record from the court in which the decedent’s estate was administered as are required. (e) Upon the filing of a certified copy of the order of transfer, together with supporting documents, the court to which jurisdiction is transferred has the same jurisdiction over the trust as the court in which the decedent’s estate was administered but for the transfer. (Enacted by Stats. 1990, Ch. 79.) - 17350. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Removal of Trusts From Continuing Court Jurisdiction [17350 - 17354] ( Article 2 enacted by Stats. 1990, Ch. 79. )
This article applies only to certain trusts created by will before July 1, 1977, and not later incorporated by reference.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Removal of Trusts From Continuing Court Jurisdiction [17350 - 17354] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 17350. This article applies only to trusts created by will executed before July 1, 1977, and not incorporated by reference in a will on or after July 1, 1977. (Enacted by Stats. 1990, Ch. 79.) - 17351. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Removal of Trusts From Continuing Court Jurisdiction [17350 - 17354] ( Article 2 enacted by Stats. 1990, Ch. 79. )
If a trust has a trust-company trustee, the trustee must notify each beneficiary of removal from continuing court jurisdiction, send the notice by approved mail methods, and file proof with the court on time.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Removal of Trusts From Continuing Court Jurisdiction [17350 - 17354] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 17351. (a) If any of the trustees of a trust described in Section 17350 is a trust company, the trust shall be removed from continuing court jurisdiction as provided in this section. Within six months after the initial funding of the trust, the trustee shall give a notice of removal of the trust from continuing court jurisdiction to each beneficiary. Notice of removal shall be sent by registered or certified mail or by first-class mail, but notice sent by first-class mail is effective only if an acknowledgment of receipt of notice is signed by the beneficiary and returned to the trustee. (b) The notice of removal of the trust from continuing court jurisdiction shall contain the following: (1) A statement that as of January 1, 1983, the law was changed to remove the necessity for continuing court jurisdiction over the trust. (2) A statement that Section 17200 of the Probate Code gives any beneficiary the right to petition a court to determine important matters relating to the administration of the trust. (3) A copy of the text of Sections 17200 and 17201. (4) A statement that each income beneficiary, as defined in Section 16325, is entitled to an annual statement of the principal and income receipts and disbursements of the trust and that any other beneficiary is entitled to such information upon written request to the trustee. (5) The name and location of the court in the county in which it is appropriate to file a petition pursuant to Section 17200, the name and location of the court that had jurisdiction over the administration of the decedent’s estate, and a statement that it is appropriate to file a petition pursuant to Section 17200 with either court. (c) The trustee shall file with the court that had jurisdiction over the administration of the decedent’s estate proof of giving notice under this section within seven months after the initial funding of the trust. (Amended by Stats. 1999, Ch. 145, Sec. 6. Effective January 1, 2000.) - 17352. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Removal of Trusts From Continuing Court Jurisdiction [17350 - 17354] ( Article 2 enacted by Stats. 1990, Ch. 79. )
A trust without a trust-company trustee may be removed from continuing court jurisdiction only with court approval.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Removal of Trusts From Continuing Court Jurisdiction [17350 - 17354] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 17352. (a) If none of the trustees of a trust described in Section 17350 is a trust company, the trust may be removed from continuing court jurisdiction only with approval of the court. The trustee may petition for court approval at any time, and from time to time, in the trustee’s discretion. (b) The petition for removal shall set forth the trust accounts in detail, report the trustee’s acts, and show the condition of the trust estate. A copy of the trust instrument shall be attached to the petition. (c) At the hearing the court may receive testimony from any interested person and may grant or deny the petition, or may grant the petition on such conditions as the court in its discretion deems proper. (d) If the petition is granted, the trustee shall send the notice of removal of the trust provided in subdivision (b) of Section 17351 and file proof of service as required by subdivision (c) of Section 17351 within six months and seven months, respectively, from the date the petition is granted. A copy of the court order granting the petition shall be attached to the notice. (e) If the petition is not granted, the trust shall continue to be administered under Article 1 (commencing with Section 17300) as if the settlor had provided in the will that the court does not lose jurisdiction of the estate by final distribution. (Enacted by Stats. 1990, Ch. 79.) - 17353. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Removal of Trusts From Continuing Court Jurisdiction [17350 - 17354] ( Article 2 enacted by Stats. 1990, Ch. 79. )
If a trust company becomes successor trustee of a trust still under continuing court jurisdiction, the successor trustee must comply with Section 17351.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Removal of Trusts From Continuing Court Jurisdiction [17350 - 17354] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 17353. If a trust company is appointed as a successor trustee of a trust which, at the time of the appointment, is subject to continuing court jurisdiction because it was not removed pursuant to Section 17352, the successor trustee shall comply with Section 17351. For the purpose of complying with Section 17351, the date of appointment of the successor trustee shall be treated as the date of initial funding of the trust. (Enacted by Stats. 1990, Ch. 79.) - 17354. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Removal of Trusts From Continuing Court Jurisdiction [17350 - 17354] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Once a trust is removed from continuing court jurisdiction under this article, a later change in trustees or any other event does not put it back under continuing court jurisdiction under Article 1.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction [17300 - 17354] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Removal of Trusts From Continuing Court Jurisdiction [17350 - 17354] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 17354. After a trust is removed from continuing court jurisdiction pursuant to this article, neither a change in trustees nor any other event causes the trust to be subject to continuing court jurisdiction under Article 1 (commencing with Section 17300). (Enacted by Stats. 1990, Ch. 79.) - 17400. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transfer of Trust to Another Jurisdiction [17400 - 17405] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
This chapter applies to certain trusts and does not stop a trust’s administration or property from being transferred to another jurisdiction by other available means.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transfer of Trust to Another Jurisdiction [17400 - 17405] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 17400. (a) This chapter applies to all of the following: (1) A trust that is subject to this division. (2) A trust subject to Chapter 8 (commencing with Section 6320) of Part 1 of Division 6. (3) Any other trust to which the provisions of this chapter are made applicable by statute or trust instrument. (b) This chapter does not prevent the transfer of the place of administration of a trust or of trust property to another jurisdiction by any other available means. (Enacted by Stats. 1990, Ch. 79.) - 17401. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transfer of Trust to Another Jurisdiction [17400 - 17405] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
The court may order a trust’s administration or some or all trust property transferred to a jurisdiction outside the state, as allowed by this chapter.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transfer of Trust to Another Jurisdiction [17400 - 17405] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 17401. (a) The court may make an order for the transfer of the place of administration of a trust or the transfer of some or all of the trust property to a jurisdiction outside this state as provided in this chapter. (b) Except as otherwise provided in this chapter, proceedings under this chapter are governed by this part. (Enacted by Stats. 1990, Ch. 79.) - 17402. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transfer of Trust to Another Jurisdiction [17400 - 17405] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
A petition to transfer a trust to another jurisdiction must include specified information about the trustees, beneficiaries, trust property, any acceptance by the out-of-state trustee, related court jurisdiction, pending actions, and the reasons for transfer.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transfer of Trust to Another Jurisdiction [17400 - 17405] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 17402. The petition for transfer shall set forth all of the following: (a) The names and places of residence of the following: (1) The trustee administering the trust in this state. (2) The trustee, including any domiciliary trustee, who will administer the trust or trust property in the other jurisdiction. (b) The names, ages, and places of residence of the living beneficiaries, as far as known to the petitioner. (c) Whether the trustee who will administer the trust in the other jurisdiction has agreed to accept the trust. If so, the acceptance or a copy shall be attached as an exhibit to the petition or otherwise filed with the court. (d) A general statement of the qualifications of the trustee who will administer the trust in the other jurisdiction and the amount of fiduciary bond, if any. If the trustee is an individual, the statement shall include the trustee’s age. (e) A general statement of the nature and value of the property of any trust of the same settlor being administered in the other jurisdiction by the trustee who will administer the trust in the other jurisdiction. (f) The name of the court, if any, having jurisdiction of the trustee in the other jurisdiction or of its accounts or in which a proceeding may be had with respect to administration of the trust or the trustee’s accounts. (g) A statement of the character, condition, location, and value of the trust property sought to be transferred. (h) Whether there is any pending civil action in this state against the trustee arising out of the administration of the trust sought to be transferred. (i) A statement of the reasons for the transfer. (Enacted by Stats. 1990, Ch. 79.) - 17403. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transfer of Trust to Another Jurisdiction [17400 - 17405] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
The petitioner must give notice of the hearing at least 30 days before it is held, and interested persons may file written opposition.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transfer of Trust to Another Jurisdiction [17400 - 17405] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 17403. (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition. (b) Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition. (Amended by Stats. 2017, Ch. 319, Sec. 97. (AB 976) Effective January 1, 2018.) - 17404. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transfer of Trust to Another Jurisdiction [17400 - 17405] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
A court may, after a hearing, order a trustee to transfer trust property or the trust’s administration to another jurisdiction if the transfer serves the trust’s best interests, does not violate the trust instrument, and the new trustee is qualified.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transfer of Trust to Another Jurisdiction [17400 - 17405] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 17404. The court may, in its discretion, grant the petition and order the trustee to transfer the trust property or to transfer the place of administration of the trust to the other jurisdiction if, after hearing, all of the following appear to the court: (a) The transfer of the trust property to a trustee in another jurisdiction, or the transfer of the place of administration of the trust to another jurisdiction, will promote the best interests of the trust and those interested in it, taking into account the interest in the economical and convenient administration of the trust. (b) The transfer will not violate the trust instrument. (c) Any new trustee to whom the trust property is to be transferred is qualified, willing, and able to administer the trust or trust property under the trust instrument. (Enacted by Stats. 1990, Ch. 79.) - 17405. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transfer of Trust to Another Jurisdiction [17400 - 17405] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
If a trust transfer is ordered, the court may set the transfer method and impose just terms, including requiring a successor trustee in pending California litigation.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Transfer of Trust to Another Jurisdiction [17400 - 17405] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 17405. If a transfer is ordered under this chapter, the court may direct the manner of transfer and impose terms and conditions as may be just, including, but not limited to, a requirement for the substitution of a successor trustee in any pending litigation in this state. The delivery of property in accordance with the order of the court is a full discharge of the trustee in relation to all property embraced in the order. (Enacted by Stats. 1990, Ch. 79.) - 17450. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
This chapter applies to trusts, or parts of trusts, administered outside this state, and it does not stop a trust’s administration or trust property from being transferred to this state by other available means.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 17450. (a) This chapter applies to a trust, or portion thereof, administered in a jurisdiction outside this state. (b) This chapter does not prevent the transfer of the place of administration of a trust or of trust property to this state by any other available means. (Enacted by Stats. 1990, Ch. 79.) - 17451. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
The court may order a trust’s administration or some or all trust property transferred from another jurisdiction to this state, and proceedings under this chapter are generally governed by this part.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 17451. (a) The court may make an order accepting the transfer of the place of administration of a trust from another jurisdiction to this state or the transfer of some or all of the trust property in another jurisdiction to a trustee in this state as provided in this chapter. (b) Except as otherwise provided in this chapter, proceedings under this chapter are governed by this part. (Enacted by Stats. 1990, Ch. 79.) - 17452. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
A trust-transfer petition must be filed in the county court specified by where the proposed trustee, beneficiary, or trust property is located, depending on whether the petition seeks appointment of a resident or nonresident trustee.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 17452. (a) If the petition requests that a resident of this state be appointed trustee, the petition shall be filed in the court of the county where the proposed principal place of administration of the trust pursuant to Section 17002 is located. (b) If the petition requests that only a nonresident of this state be appointed trustee, the petition shall be filed in the court of the county where either (1) any beneficiary resides or (2) a substantial portion of the trust property to be transferred is located or will be located. (Enacted by Stats. 1990, Ch. 79.) - 17453. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
A petition to transfer a trust must include specified information about the trustee, beneficiaries, prior supervision, trustee acceptance, qualifications, trust instrument, property, and reasons for transfer.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 17453. The petition for transfer shall set forth all of the following: (a) The names and places of residence of the following: (1) The trustee administering the trust in the other jurisdiction. (2) The proposed trustee to whom administration of the trust or trust property will be transferred. (b) The names, ages, and places of residence of all living beneficiaries, as far as known to the petitioner. (c) Whether administration of the trust has been subject to supervision in a jurisdiction outside this state. If so, the petition shall state whether a petition or appropriate request for transfer of place of administration of the trust or trust property to this state has been filed, if necessary, with the court in the other jurisdiction, and the status of the petition or request. (d) Whether the trustee proposed to administer the trust in this state has agreed to accept the trust in this state. If the trustee has agreed, the acceptance shall be attached as an exhibit to the petition or otherwise filed with the court. (e) A general statement of the qualifications of the trustee proposed to administer the trust in this state and the amount of any bond to be requested. If the trustee is an individual, the statement shall include the trustee’s age. (f) A copy of the trust instrument or a statement of the terms of the trust instrument in effect at the time the petition is filed, including all amendments thereto. (g) A statement of the character, condition, location, and value of the trust property sought to be transferred. (h) A statement of the reasons for the transfer. (Enacted by Stats. 1990, Ch. 79.) - 17454. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
The petitioner must give notice of the hearing at least 30 days in advance to the people named in the petition, and interested persons may appear and file written opposition.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 17454. (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition. (b) Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition. (Amended by Stats. 2017, Ch. 319, Sec. 98. (AB 976) Effective January 1, 2018.) - 17455. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
The court may approve a petition to transfer trust property or the trust’s administration to California and appoint a trustee, if the statutory conditions are met.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 17455. (a) The court may, in its discretion, grant the petition and issue an order accepting transfer of trust property or the place of administration of the trust to this state and appoint a trustee to administer the trust in this state, if, after hearing, all of the following appear to the court: (1) The transfer of the trust property to a trustee in this state, or the transfer of the place of administration of the trust to this state, will promote the best interests of the trust and those interested in it, taking into account the interest in the economical and convenient administration of the trust. (2) The transfer will not violate the trust instrument. (3) The trustee appointed by the court to administer the trust in this state, and to whom the trust property is to be transferred, is qualified, willing, and able to administer the trust or trust property under the trust instrument. (4) The proper court in the other jurisdiction has approved the transfer if approval is necessary under the law of the other jurisdiction. (b) If the court grants the petition under subdivision (a), the court shall require the trustee to give a bond, if necessary under the law of the other jurisdiction or of this state, and may require bond as provided in Section 15602. (Enacted by Stats. 1990, Ch. 79.) - 17456. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
If needed to help transfer a trust or its administration to this state, the court may issue a conditional order appointing a trustee and making the transfer effective if the other jurisdiction’s proper court approves it.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 17456. If appropriate to facilitate transfer of the trust property or the place of administration of a trust to this state, the court may issue a conditional order appointing a trustee to administer the trust in this state and indicating that transfer to this state will be accepted if transfer is approved by the proper court of the other jurisdiction. (Enacted by Stats. 1990, Ch. 79.) - 17457. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
A trust transferred to this state under this chapter must be administered the same way as a trust of that type created in this state.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS [17000 - 17457] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Transfer of Trust From Another Jurisdiction [17450 - 17457] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 17457. A trust transferred to this state pursuant to this chapter shall be administered in the same manner as a trust of that type created in this state. The validity of a trust and the construction of the beneficial provisions of a trust transferred to this state are not affected by this section. (Enacted by Stats. 1990, Ch. 79.) - 1800. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Persons for Whom Conservator May Be Appointed [1800 - 1804] ( Article 1 enacted by Stats. 1990, Ch. 79. )
This section states the Legislature’s intent for conservatorship law: protect the conservatee’s rights, assess needs, support health and independence, and review whether conservatorship is still needed.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Persons for Whom Conservator May Be Appointed [1800 - 1804] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1800. It is the intent of the Legislature in enacting this chapter to do the following: (a) Protect the rights of persons who are placed under conservatorship. (b) Provide that an assessment of the needs of the person is performed in order to determine the appropriateness and extent of a conservatorship and to set goals for increasing the conservatee’s functional abilities to whatever extent possible. (c) Provide that the health and psychosocial needs of the proposed conservatee are met. (d) Provide that community-based services are used to the greatest extent in order to allow the conservatee to remain as independent and in the least restrictive setting as possible. (e) Provide that the periodic review of the conservatorship by the court investigator shall consider the best interests and expressed wishes of the conservatee; whether the conservatee has regained or could regain abilities and capacity with or without supports; and whether the conservatee continues to need a conservatorship. (f) Ensure that the conservatee’s basic needs for physical health, food, clothing, and shelter are met. (g) Provide for the proper management and protection of the conservatee’s real and personal property. (h) Ensure, to the greatest possible extent, that the conservatee is able to understand, make, and communicate their own, informed, choices while under conservatorship. (Amended by Stats. 2022, Ch. 894, Sec. 4. (AB 1663) Effective January 1, 2023.) - 1800.3. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Persons for Whom Conservator May Be Appointed [1800 - 1804] ( Article 1 enacted by Stats. 1990, Ch. 79. )
The court may appoint a conservator in specified cases, but only if the need is shown and the chapter’s 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 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Persons for Whom Conservator May Be Appointed [1800 - 1804] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1800.3. (a) If the need therefor is established to the satisfaction of the court and the other requirements of this chapter are satisfied, the court may appoint: (1) A conservator of the person or estate of an adult, or both. (2) A conservator of the person of a minor who is married or whose marriage has been dissolved. (b) A conservatorship of the person or of the estate shall not be granted by the court unless the court makes an express finding that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee. (c) In determining whether a conservatorship is the least restrictive alternative available, and whether to grant or deny a conservatorship petition, the court shall consider the person’s abilities and capacities with current and possible supports, including, but not limited to, supported decisionmaking agreements, as defined in Section 21001 of the Welfare and Institutions Code, powers of attorney, designation of a health care surrogate as set forth in Section 4711, and advance health care directives. (d) If the court becomes aware that the proposed conservatee has a developmental disability, and the proposed conservator is not seeking authority to act under Section 2356.5, the court shall deem the proceeding to be seeking a limited conservatorship. (Amended by Stats. 2022, Ch. 894, Sec. 5. (AB 1663) Effective January 1, 2023.) - 18000. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Trustee to Third Persons [18000 - 18005] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
A trustee is generally not personally liable on a properly made trust contract unless the trustee fails to disclose their representative capacity or identify the trust.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Trustee to Third Persons [18000 - 18005] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 18000. (a) Unless otherwise provided in the contract or in this chapter, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administration of the trust unless the trustee fails to reveal the trustee’s representative capacity or identify the trust in the contract. (b) The personal liability of a trustee on a contract entered into before July 1, 1987, is governed by prior law and not by this section. (Enacted by Stats. 1990, Ch. 79.) - 18001. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Trustee to Third Persons [18000 - 18005] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
A trustee is personally liable for trust-property-related obligations only if personally at fault.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Trustee to Third Persons [18000 - 18005] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 18001. A trustee is personally liable for obligations arising from ownership or control of trust property only if the trustee is personally at fault. (Enacted by Stats. 1990, Ch. 79.) - 18002. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Trustee to Third Persons [18000 - 18005] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
A trustee is personally liable for torts committed while administering the trust only if the trustee is personally at fault.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Trustee to Third Persons [18000 - 18005] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 18002. A trustee is personally liable for torts committed in the course of administration of the trust only if the trustee is personally at fault. (Enacted by Stats. 1990, Ch. 79.) - 18003. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Trustee to Third Persons [18000 - 18005] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
A cotrustee who does not join a power exercised by three or more cotrustees is not liable to third persons for that exercise. A dissenting cotrustee who joins an action directed by the majority is also not liable if the dissent is stated in writing to another cotrustee on time.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Trustee to Third Persons [18000 - 18005] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 18003. (a) A cotrustee who does not join in exercising a power held by three or more cotrustees is not liable to third persons for the consequences of the exercise of the power. (b) A dissenting cotrustee who joins in an action at the direction of the majority cotrustees is not liable to third persons for the action if the dissenting cotrustee expresses the dissent in writing to any other cotrustee at or before the time the action is taken. (c) This section does not excuse a cotrustee from liability for failure to discharge the cotrustee’s duties as a trustee. (Enacted by Stats. 1990, Ch. 79.) - 18004. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Trustee to Third Persons [18000 - 18005] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Certain claims against a trustee in a representative capacity may be brought against the trust by suing the trustee in that capacity.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Trustee to Third Persons [18000 - 18005] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 18004. A claim based on a contract entered into by a trustee in the trustee’s representative capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administration of the trust may be asserted against the trust by proceeding against the trustee in the trustee’s representative capacity, whether or not the trustee is personally liable on the claim. (Enacted by Stats. 1990, Ch. 79.) - 18005. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Trustee to Third Persons [18000 - 18005] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
The liability question between the trust estate and the trustee personally may be determined in a proceeding under Section 17200.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Trustee to Third Persons [18000 - 18005] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 18005. The question of liability as between the trust estate and the trustee personally may be determined in a proceeding under Section 17200. (Enacted by Stats. 1990, Ch. 79.) - 1801. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Persons for Whom Conservator May Be Appointed [1800 - 1804] ( Article 1 enacted by Stats. 1990, Ch. 79. )
This section says when a court may appoint a conservator for a person’s personal needs, estate, or both, including limited conservatorships for developmentally disabled adults.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Persons for Whom Conservator May Be Appointed [1800 - 1804] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1801. Subject to Section 1800.3: (a) A conservator of the person may be appointed for a person who is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter, except as provided for the person as described in subdivision (b) or (c) of Section 1828.5. (b) A conservator of the estate may be appointed for a person who is substantially unable to manage his or her own financial resources or resist fraud or undue influence, except as provided for that person as described in subdivision (b) or (c) of Section 1828.5. Substantial inability may not be proved solely by isolated incidents of negligence or improvidence. (c) A conservator of the person and estate may be appointed for a person described in subdivisions (a) and (b). (d) A limited conservator of the person or of the estate, or both, may be appointed for a developmentally disabled adult. A limited conservatorship may be utilized only as necessary to promote and protect the well-being of the individual, shall be designed to encourage the development of maximum self-reliance and independence of the individual, and shall be ordered only to the extent necessitated by the individual’s proven mental and adaptive limitations. The conservatee of the limited conservator shall not be presumed to be incompetent and shall retain all legal and civil rights except those which by court order have been designated as legal disabilities and have been specifically granted to the limited conservator. The intent of the Legislature, as expressed in Section 4501 of the Welfare and Institutions Code, that developmentally disabled citizens of this state receive services resulting in more independent, productive, and normal lives is the underlying mandate of this division in its application to adults alleged to be developmentally disabled. (e) The standard of proof for the appointment of a conservator pursuant to this section shall be clear and convincing evidence. (Amended by Stats. 1995, Ch. 842, Sec. 7. Effective January 1, 1996.) - 1802. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Persons for Whom Conservator May Be Appointed [1800 - 1804] ( Article 1 enacted by Stats. 1990, Ch. 79. )
A court may appoint a conservator of the person or estate, or both, for someone who asks for the appointment and shows good cause, subject to Section 1800.3.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Persons for Whom Conservator May Be Appointed [1800 - 1804] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1802. Subject to Section 1800.3, a conservator of the person or estate, or both, may be appointed for a person who voluntarily requests the appointment and who, to the satisfaction of the court, establishes good cause for the appointment. (Enacted by Stats. 1990, Ch. 79.) - 1803. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Persons for Whom Conservator May Be Appointed [1800 - 1804] ( Article 1 enacted by Stats. 1990, Ch. 79. )
A conservator of the estate may be appointed for a person who is an absentee under Section 1403.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Persons for Whom Conservator May Be Appointed [1800 - 1804] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1803. A conservator of the estate may be appointed for a person who is an absentee as defined in Section 1403. (Enacted by Stats. 1990, Ch. 79.) - 1804. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Persons for Whom Conservator May Be Appointed [1800 - 1804] ( Article 1 enacted by Stats. 1990, Ch. 79. )
A conservator of the estate may be appointed for a missing person whose whereabouts are unknown, subject to Section 1800.3.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Persons for Whom Conservator May Be Appointed [1800 - 1804] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1804. Subject to Section 1800.3, a conservator of the estate may be appointed for a person who is missing and whose whereabouts is unknown. (Enacted by Stats. 1990, Ch. 79.) - 1810. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Order of Preference for Appointment of Conservator [1810 - 1813.1] ( Article 2 enacted by Stats. 1990, Ch. 79. )
A proposed conservatee who can form an intelligent preference may nominate a conservator, and the court must appoint that nominee unless doing so is not in the proposed conservatee’s best interests.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Order of Preference for Appointment of Conservator [1810 - 1813.1] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1810. If the proposed conservatee has sufficient capacity at the time to form an intelligent preference, the proposed conservatee may nominate a conservator in the petition or in a writing signed either before or after the petition is filed. The court shall appoint the nominee as conservator unless the court finds that the appointment of the nominee is not in the best interests of the proposed conservatee. (Enacted by Stats. 1990, Ch. 79.) - 18100. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
A third person dealing with or assisting a trustee may assume the trustee has the needed power and is properly exercising it, if the third person acts in good faith, for value, and without actual knowledge of any misuse of power.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 18100. With respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, if the third person acts in good faith and for a valuable consideration and without actual knowledge that the trustee is exceeding the trustee’s powers or improperly exercising them: (a) The third person is not bound to inquire whether the trustee has power to act or is properly exercising a power and may assume without inquiry the existence of a trust power and its proper exercise. (b) The third person is fully protected in dealing with or assisting the trustee just as if the trustee has and is properly exercising the power the trustee purports to exercise. (Enacted by Stats. 1990, Ch. 79.) - 18100.5. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
A trustee may use a certification of trust instead of giving out the trust instrument, and affected persons may demand certain supporting excerpts. A certification may also be recorded for real property interests, and the county recorder must charge the legal recording fee.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 18100.5. (a) The trustee may present a certification of trust to any person in lieu of providing a copy of the trust instrument to establish the existence or terms of the trust. A certification of trust may be executed by the trustee voluntarily or at the request of the person with whom the trustee is dealing. (b) The certification of trust may confirm the following facts or contain the following information: (1) The existence of the trust and date of execution of the trust instrument. (2) The identity of the settlor or settlors and the currently acting trustee or trustees of the trust. (3) The powers of the trustee. (4) The revocability or irrevocability of the trust and the identity of any person holding any power to revoke the trust. (5) When there are multiple trustees, the signature authority of the trustees, indicating whether all, or less than all, of the currently acting trustees are required to sign in order to exercise various powers of the trustee. (6) The trust identification number, whether a social security number or an employer identification number. (7) The manner in which title to trust assets should be taken. (8) The legal description of any interest in real property held in the trust. (c) The certification shall contain a statement that the trust has not been revoked, modified, or amended in any manner which would cause the representations contained in the certification of trust to be incorrect and shall contain a statement that it is being signed by all of the currently acting trustees of the trust. The certification shall be in the form of an acknowledged declaration signed by all currently acting trustees of the trust. The certification signed by the currently acting trustee may be recorded in the office of the county recorder in the county where all or a portion of the real property is located. (d) The certification of trust may, but is not required to, include excerpts from the original trust documents, any amendments thereto, and any other documents evidencing or pertaining to the succession of successor trustees. The certification of trust shall not be required to contain the dispositive provisions of the trust which set forth the distribution of the trust estate. (e) A person whose interest is, or may be, affected by the certification of trust may require that the trustee offering or recording the certification of trust provide copies of those excerpts from the original trust documents, any amendments thereto, and any other documents which designate, evidence, or pertain to the succession of the trustee or confer upon the trustee the power to act in the pending transaction, or both. Nothing in this section is intended to require or imply an obligation to provide the dispositive provisions of the trust or the entire trust and amendments thereto. (f) A person who acts in reliance upon a certification of trust without actual knowledge that the representations contained therein are incorrect is not liable to any person for so acting. A person who does not have actual knowledge that the facts contained in the certification of trust are incorrect may assume without inquiry the existence of the facts contained in the certification of trust. Actual knowledge shall not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the trust certification. Any transaction, and any lien created thereby, entered into by the trustee and a person acting in reliance upon a certification of trust shall be enforceable against the trust assets. However, if the person has actual knowledge that the trustee is acting outside the scope of the trust, then the transaction is not enforceable against the trust assets. Nothing contained herein shall limit the rights of the beneficiaries of the trust against the trustee. (g) A person’s failure to demand a certification of trust does not affect the protection provided that person by Section 18100, and no inference as to whether that person has acted in good faith may be drawn from the failure to demand a certification of trust. Nothing in this section is intended to create an implication that a person is liable for acting in reliance upon a certification of trust under circumstances where the requirements of this section are not satisfied. (h) Except when requested by a beneficiary or in the context of litigation concerning a trust and subject to the provisions of subdivision (e), any person making a demand for the trust documents in addition to a certification of trust to prove facts set forth in the certification of trust acceptable to the third party shall be liable for damages, including attorney’s fees, incurred as a result of the refusal to accept the certification of trust in lieu of the requested documents if the court determines that the person acted in bad faith in requesting the trust documents. (i) Any person may record a certification of trust that relates to an interest in real property in the office of the county recorder in any county in which all or a portion of the real property is located. The county recorder shall impose any fee prescribed by law for recording that document sufficient to cover all costs incurred by the county in recording the document. The recorded certification of trust shall be a public record of the real property involved. This subdivision does not create a requirement to record a certification of trust in conjunction with the recordation of a transfer of title of real property involving a trust. (Amended by Stats. 2004, Ch. 136, Sec. 1. Effective January 1, 2005.) - 18101. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
A third person acting in good faith does not have to ensure that trust property paid or delivered to the trustee is properly applied.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 18101. A third person who acts in good faith is not bound to ensure the proper application of trust property paid or delivered to the trustee. (Enacted by Stats. 1990, Ch. 79.) - 18102. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
A good-faith third person who gives value and deals with a former trustee without knowing the trustee has ended is fully protected as if the trustee were still in office.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 18102. If a third person acting in good faith and for a valuable consideration enters into a transaction with a former trustee without knowledge that the person is no longer a trustee, the third person is fully protected just as if the former trustee were still a trustee. (Enacted by Stats. 1990, Ch. 79.) - 18103. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
If an express trust over real property is not properly recorded in the grant or a signed and recorded instrument, the grant is treated as absolute for a good-faith purchaser for value.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 18103. If an express trust relating to real property is not contained or declared in the grant to the trustee, or in an instrument signed by the trustee and recorded in the same office with the grant to the trustee, the grant shall be deemed absolute in favor of a person dealing with the trustee in good faith and for a valuable consideration. (Enacted by Stats. 1990, Ch. 79.) - 18104. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
If a trust-related real property interest is recorded without naming a beneficiary, the holder is presumed to own it outright; later recorded instruments are presumed effective as written, especially for good-faith purchasers for value.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 18104. (a) If an interest in or lien or encumbrance on real property is conveyed, created, or affected by an instrument in favor of a person in trust but no beneficiary is indicated in the instrument, it is presumed that the person holds the interest, lien, or encumbrance absolutely and free of the trust. This is a presumption affecting the burden of proof. In an action or proceeding involving the interest, lien, or encumbrance instituted against the person, the person shall be deemed the only necessary representative of the undisclosed beneficiary and of the original grantor or settlor and anyone claiming under them. A judgment is binding upon and conclusive against these persons as to all matters finally adjudicated in the judgment. (b) An instrument executed by the person holding an interest, lien, or encumbrance described in subdivision (a), whether purporting to be the act of that person in his or her own right or in the capacity of a trustee, is presumed to affect the interest, lien, or encumbrance according to the tenor of the instrument. This is a presumption affecting the burden of proof. Upon the recording of the instrument in the county where the land affected by the instrument is located, the presumption is conclusive in favor of a person acting in good faith and for valuable consideration. (Enacted by Stats. 1990, Ch. 79.) - 18105. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
A successor trustee may record an affidavit of change of trustee when real property title is affected by the change, and the affidavit must include specified property and trustee names.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 18105. If title to an interest in real property is affected by a change of trustee, the successor trustee may execute and record in the county in which the property is located an affidavit of change of trustee. The county recorder shall impose any fee prescribed by law for recording that document in an amount sufficient to cover all costs incurred by the county in recording the document. The affidavit shall include the legal description of the real property, the name of the former trustee or trustees and the name of the successor trustee or trustees. The affidavit may also, but is not required to, include excerpts from the original trust documents, any amendments thereto, and any other documents evidencing or pertaining to the succession of the successor trustee or trustees. (Added by Stats. 2004, Ch. 136, Sec. 2. Effective January 1, 2005.) - 18106. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
The county recorder must index recorded change-of-trustee documents in the grantors-and-grantees index and charge any fee set by law for that indexing, enough to cover county indexing costs.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 18106. (a) A document establishing the fact of change of trustee recorded pursuant to this chapter is subject to all statutory requirements for recorded documents. (b) The county recorder shall index a document establishing the fact of change of a trustee recorded pursuant to this section in the index of grantors and grantees. The index entry shall be for the grantor, and for the purpose of this index, the person who has been succeeded as trustee shall be deemed to be the grantor. The county recorder shall impose any fee prescribed by law for indexing that document in an amount sufficient to cover all costs incurred by the county in indexing the document. (Added by Stats. 2004, Ch. 136, Sec. 3. Effective January 1, 2005.) - 18107. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
A recorded document establishing a change of trustee is prima facie evidence of that change for affected real property in the county.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 18107. A document establishing the change of a trustee recorded pursuant to this chapter is prima facie evidence of the change of trustee insofar as the document identifies an interest in real property located in the county, title to which is affected by the change of trustee. The presumption established by this section is a presumption affecting the burden of producing evidence. (Added by Stats. 2004, Ch. 136, Sec. 4. Effective January 1, 2005.) - 18108. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
A person affected by recording an affidavit of change of trustee may require the successor trustee to provide certain trust-related excerpts and documents, but not the trust’s dispositive provisions or the entire trust.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Protection of Third Persons [18100 - 18108] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 18108. Any person whose interest is, or may be, affected by the recordation of an affidavit of change of trustee pursuant to this chapter may require that the successor trustee provide copies of those excerpts from the original trust documents, any amendments thereto, and any other documents which evidence or pertain to the succession of the successor trustee or trustees. Nothing in this section is intended to require or imply an obligation to provide the dispositive provisions of the trust or the entire trust and any amendments thereto. (Added by Stats. 2004, Ch. 136, Sec. 5. Effective January 1, 2005.) - 1811. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Order of Preference for Appointment of Conservator [1810 - 1813.1] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Certain close relatives may nominate a conservator for the proposed conservatee, either in the petition or at the hearing, and some nominations may be made in a signed writing.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Order of Preference for Appointment of Conservator [1810 - 1813.1] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1811. (a) Subject to Sections 1813 and 1813.1, the spouse, domestic partner, or an adult child, parent, brother, or sister of the proposed conservatee may nominate a conservator in the petition or at the hearing on the petition. (b) Subject to Sections 1813 and 1813.1, the spouse, domestic partner, or a parent of the proposed conservatee may nominate a conservator in a writing signed either before or after the petition is filed and that nomination remains effective notwithstanding the subsequent legal incapacity or death of the spouse, domestic partner, or parent. (Amended by Stats. 2014, Ch. 913, Sec. 28. (AB 2747) Effective January 1, 2015.) - 1812. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Order of Preference for Appointment of Conservator [1810 - 1813.1] ( Article 2 enacted by Stats. 1990, Ch. 79. )
The court decides who may be appointed conservator, but must follow the stated preference order and be guided by the proposed conservatee’s best interests. Regional centers and their employees or agents may not act as conservator for petitions filed on or after January 1, 2023, though they may act as the Director of Developmental Services’ designee.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Order of Preference for Appointment of Conservator [1810 - 1813.1] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1812. (a) Subject to Sections 1810, 1813, and 1813.1, the selection of a conservator of the person or estate, or both, is solely in the discretion of the court and, in making the selection, the court is to be guided by what appears to be for the best interests of the proposed conservatee. (b) Subject to Sections 1810, 1813, and 1813.1, of persons equally qualified in the opinion of the court to appointment as conservator of the person or estate or both, preference is to be given in the following order: (1) The conservatee or proposed conservatee’s stated preference, including preferences expressed by speech, sign language, alternative or augmentative communication, actions, facial expressions, and other spoken and nonspoken methods of communication. (2) The prior conservator’s preference, if known, if the selection of a successor conservator is being made pursuant to the provisions of Article 2 (commencing with Section 2680) of Chapter 9.5 of Part 4 and the prior conservator is a person described in paragraphs (3) to (6), inclusive, unless either of the following apply: (A) The reason for the appointment of a successor conservator is due to the prior conservator’s removal pursuant to the provisions of Article 1 (commencing with Section 2650) of Chapter 9 of Part 4. (B) The prior conservator or prior conservator’s preference for a successor conservator has been found criminally, civilly, or administratively liable for abuse, neglect, mistreatment, coercion, or fraud with respect to the conservatee or any elder or dependent adult. (3) The spouse or domestic partner of the proposed conservatee or the person nominated by the spouse or domestic partner pursuant to Section 1811. (4) An adult child of the proposed conservatee or the person nominated by the child pursuant to Section 1811. (5) A parent of the proposed conservatee or the person nominated by the parent pursuant to Section 1811. (6) A sibling of the proposed conservatee or the person nominated by the brother or sister pursuant to Section 1811. (7) Any other person or entity eligible for appointment as a conservator under this code or, if there is no person or entity willing to act as a conservator, under the Welfare and Institutions Code. (c) The preference for any nominee for appointment under paragraphs (4), (5), and (6) of subdivision (b) is subordinate to the preference for any other parent, child, or sibling in that class. (d) For any conservatorship petition filed on or after January 1, 2023, a regional center, as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, or any employee or agent acting on a regional center’s behalf, shall not act as a conservator, but may act as the designee of the Director of Developmental Services, subject to Section 416.19 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 894, Sec. 6. (AB 1663) Effective January 1, 2023.) - 1813. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Order of Preference for Appointment of Conservator [1810 - 1813.1] ( Article 2 enacted by Stats. 1990, Ch. 79. )
This section limits when a spouse may seek or receive appointment as conservator, requires disclosure of certain family-law filings, and gives the court related procedural powers.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Order of Preference for Appointment of Conservator [1810 - 1813.1] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1813. (a) (1) The spouse of a proposed conservatee may not petition for the appointment of a conservator for a spouse or be appointed as conservator of the person or estate of the proposed conservatee unless the petitioner alleges in the petition for appointment as conservator, and the court finds, that the spouse is not a party to any action or proceeding against the proposed conservatee for legal separation of the parties, dissolution of marriage, or adjudication of nullity of their marriage. However, if the court finds by clear and convincing evidence that the appointment of the spouse, who is a party to an action or proceeding against the proposed conservatee for legal separation of the parties, dissolution of marriage, or adjudication of nullity of their marriage, or has obtained a judgment in any of these proceedings, is in the best interests of the proposed conservatee, the court may appoint the spouse. (2) Prior to making this appointment, the court shall appoint counsel to consult with and advise the conservatee, and to report to the court his or her findings concerning the suitability of appointing the spouse as conservator. (b) The spouse of a conservatee shall disclose to the conservator, or if the spouse is the conservator, shall disclose to the court, the filing of any action or proceeding against the conservatee for legal separation of the parties, dissolution of marriage, or adjudication of nullity of the marriage, within 10 days of the filing of the action or proceeding by filing a notice with the court and serving the notice according to the notice procedures under this title. The court may, upon receipt of the notice, set the matter for hearing on an order to show cause why the appointment of the spouse as conservator, if the spouse is the conservator, should not be terminated and a new conservator appointed by the court. (Amended by Stats. 2014, Ch. 913, Sec. 30. (AB 2747) Effective January 1, 2015.) - 1813.1. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Order of Preference for Appointment of Conservator [1810 - 1813.1] ( Article 2 enacted by Stats. 1990, Ch. 79. )
A domestic partner of a proposed conservatee generally may not seek appointment as conservator, unless the petition and court findings satisfy the termination-condition exception. The court must appoint counsel before making the appointment, and a domestic partner of a conservatee must disclose or notify about termination within 10 days.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Order of Preference for Appointment of Conservator [1810 - 1813.1] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1813.1. (a) (1) The domestic partner of a proposed conservatee may not petition for the appointment of a conservator for a domestic partner or be appointed as conservator of the person or estate of the proposed conservatee unless the petitioner alleges in the petition for appointment as conservator, and the court finds, that the domestic partner has not terminated and is not intending to terminate the domestic partnership as provided in Section 299 of the Family Code. However, if the court finds by clear and convincing evidence that the appointment of a domestic partner who has terminated or is intending to terminate the domestic partnership is in the best interests of the proposed conservatee, the court may appoint the domestic partner. (2) Prior to making this appointment, the court shall appoint counsel to consult with and advise the conservatee, and to report to the court his or her findings concerning the suitability of appointing the domestic partner as conservator. (b) The domestic partner of a conservatee shall disclose to the conservator, or if the domestic partner is the conservator, shall notify the court, of the termination of a domestic partnership as provided in Section 299 of the Family Code within 10 days of its occurrence. The court may, upon receipt of the notice, set the matter for hearing on an order to show cause why the appointment of the domestic partner as conservator, if the domestic partner is the conservator, should not be terminated and a new conservator appointed by the court. (Added by Stats. 2001, Ch. 893, Sec. 16.5. Effective January 1, 2002.) - 1820. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
This section says who may file a petition to appoint a conservator, and bars most creditors from filing unless they fit specified categories.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1820. (a) A petition for the appointment of a conservator may be filed by any of the following: (1) The proposed conservatee. (2) The spouse or domestic partner of the proposed conservatee. (3) A relative of the proposed conservatee. (4) Any interested state or local entity or agency of this state or any interested public officer or employee of this state or of a local public entity of this state. (5) Any other interested person or friend of the proposed conservatee. (b) If the proposed conservatee is a minor, the petition may be filed during his or her minority so that the appointment of a conservator may be made effective immediately upon the minor’s attaining the age of majority. An existing guardian of the minor may be appointed as conservator under this part upon the minor’s attaining the age of majority, whether or not the guardian’s accounts have been settled. (c) A creditor of the proposed conservatee may not file a petition for appointment of a conservator unless the creditor is a person described in paragraph (2), (3), or (4) of subdivision (a). (Amended by Stats. 2001, Ch. 893, Sec. 17. Effective January 1, 2002.) - 18200. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rights of Creditors of Settlor [18200 - 18201] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
If the settlor can revoke the trust, creditors can claim against trust property to that extent during the settlor’s lifetime.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rights of Creditors of Settlor [18200 - 18201] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 18200. If the settlor retains the power to revoke the trust in whole or in part, the trust property is subject to the claims of creditors of the settlor to the extent of the power of revocation during the lifetime of the settlor. (Enacted by Stats. 1990, Ch. 79.) - 18201. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rights of Creditors of Settlor [18200 - 18201] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
A settlor whose trust property is subject to creditor claims under Section 18200 is entitled to the exemptions listed in the referenced Code of Civil Procedure chapter.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 6. RIGHTS OF THIRD PERSONS [18000 - 18201] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rights of Creditors of Settlor [18200 - 18201] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 18201. Any settlor whose trust property is subject to the claims of creditors pursuant to Section 18200 shall be entitled to all exemptions as provided in Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. (Added by Stats. 1998, Ch. 682, Sec. 14. Effective January 1, 1999.) - 1821. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
A conservatorship petition must include specific information about the proposed conservator, the proposed conservatee, supporting facts, and related disclosures; some supplemental information is confidential.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1821. (a) (1) The petition shall request that a conservator be appointed for the person or estate, or both, shall specify the name, address, and telephone number of the proposed conservator and the name, address, and telephone number of the proposed conservatee, and state the reasons why a conservatorship is necessary. Unless the petitioner or proposed conservator is a bank or other entity authorized to conduct the business of a trust company, the petitioner or proposed conservator shall also file supplemental information as to why the appointment of a conservator is required. The supplemental information to be submitted shall include a brief statement of facts addressed to each of the following categories: (A) The inability of the proposed conservatee to properly provide for their own needs for physical health, food, clothing, or shelter. (B) The location and nature of the proposed conservatee’s residence and the ability of the proposed conservatee to live in the residence while under conservatorship. (C) Alternatives to conservatorship considered by the petitioner or proposed conservator and reasons why those alternatives are not suitable, alternatives tried by the petitioner or proposed conservators, if any, including details as to the length and duration of attempted alternatives and the reasons why those alternatives do not meet the conservatee’s needs. Those alternatives include, but are not limited to, all of the following: (i) Supported decisionmaking agreements, as defined in Section 21001 of the Welfare and Institutions Code. (ii) Powers of Attorney set forth in Division 4.5 (commencing with Section 4000). (iii) Advanced Health Care Directives set forth in Chapter 1 (commencing with Section 4670) of Part 2 of Division 4.7. (iv) Designations of a health care surrogate as set forth in Section 4711. (D) Health or social services provided to the proposed conservatee during the year immediately preceding the filing of the petition, when the petitioner or proposed conservator has information as to those services. (E) The substantial inability of the proposed conservatee to manage their own financial resources, or to resist fraud or undue influence. (2) The facts required to address the categories set forth in subparagraphs (A) to (E), inclusive, of paragraph (1) shall be set forth by the petitioner or proposed conservator if the proposed conservator has knowledge of the facts or by the declarations or affidavits of other persons having knowledge of those facts. (3) If any of the categories set forth in subparagraphs (A) to (E), inclusive, of paragraph (1) are not applicable to the proposed conservatorship, the petitioner or proposed conservator shall so indicate and state on the supplemental information form the reasons therefor. (4) The Judicial Council shall develop a supplemental information form for the information required pursuant to subparagraphs (A) to (E), inclusive, of paragraph (1) after consultation with individuals or organizations approved by the Judicial Council, who represent public conservators, court investigators, the State Bar, specialists with experience in performing assessments and coordinating community-based services, and legal services for the elderly and disabled. (5) The supplemental information form shall be separate and distinct from the form for the petition. The supplemental information shall be confidential and shall be made available only to parties, persons given notice of the petition who have requested this supplemental information or who have appeared in the proceedings, their attorneys, and the court. The court shall have discretion at any other time to release the supplemental information to other persons if it would serve the interests of the conservatee. The clerk of the court shall make provision for limiting disclosure of the supplemental information exclusively to persons entitled thereto under this section. (b) The petition shall set forth, so far as they are known to the petitioner or proposed conservator, the names and addresses of the spouse or domestic partner, and of the relatives of the proposed conservatee within the second degree. If no spouse or domestic partner of the proposed conservatee or relatives of the proposed conservatee within the second degree are known to the petitioner or proposed conservator, the petition shall set forth, so far as they are known to the petitioner or proposed conservator, the names and addresses of the following persons who, for the purposes of Section 1822, shall all be deemed to be relatives: (1) A spouse or domestic partner of a predeceased parent of a proposed conservatee. (2) The children of a predeceased spouse or domestic partner of a proposed conservatee. (3) The siblings of the proposed conservatee’s parents, if any, but if none, then the natural and adoptive children of the proposed conservatee’s parents’ siblings. (4) The natural and adoptive children of the proposed conservatee’s siblings. (c) If the petitioner or proposed conservator 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 conservator’s proposed hourly fee schedule or another statement of their proposed compensation from the estate of the proposed conservatee for services performed as a conservator. The petitioner’s or proposed conservator’s provision of a proposed hourly fee schedule or another statement of their proposed compensation, as required by this paragraph, shall not preclude a court from later reducing the petitioner’s or proposed conservator’s fees or other compensation. (2) Unless a petition for appointment of a temporary conservator that contains the statements required by this paragraph is filed together with a petition for appointment of a conservator, both of the following: (A) A statement of the petitioner’s or proposed conservator’s license information. (B) A statement explaining who engaged the petitioner or proposed conservator or how the petitioner or proposed conservator was engaged to file the petition for appointment of a conservator or to agree to accept the appointment as conservator and what prior relationship the petitioner or proposed conservator had with the proposed conservatee or the proposed conservatee’s family or friends. (d) If the petition is filed by a person other than the proposed conservatee, the petition shall include a declaration of due diligence showing both of the following: (1) Either the efforts to find the proposed conservatee’s relatives or why it was not feasible to contact any of them. (2) Either the preferences of the proposed conservatee concerning the appointment of a conservator and the appointment of the proposed conservator or why it was not feasible to ascertain those preferences. (e) If the petition is filed by a person other than the proposed conservatee, the petition shall state whether or not the petitioner is a creditor or debtor, or the agent of a creditor or debtor, of the proposed conservatee. (f) If the proposed conservatee 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 conservator, the petition shall state that fact and name the institution. (g) The petition shall state, so far as is known to the petitioner or proposed conservator, whether or not the proposed conservatee 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 conservatee. (h) The petition may include an application for any order or orders authorized under this division, including, but not limited to, orders under Chapter 4 (commencing with Section 1870). (i) The petition may include a further statement that the proposed conservatee is not willing to attend the hearing on the petition, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefer that another person act as conservator. (j) (1) In the case of an allegedly developmentally disabled adult, the petition shall set forth the following: (A) The nature and degree of the alleged disability, the specific duties and powers requested by or for the limited conservator, and the limitations of civil and legal rights requested to be included in the court’s order of appointment. (B) Whether or not the proposed limited conservatee is, or is alleged to be, developmentally disabled. (2) Reports submitted pursuant to Section 416.8 of the Health and Safety Code meet the requirements of this section, and conservatorships filed pursuant to Article 7.5 (commencing with Section 416) of Chapter 2 of Part 1 of Division 1 of the Health and Safety Code are exempt from providing the supplemental information required by this section, as long as the guidelines adopted by the State Department of Developmental Services for regional centers are publicly accessible via the department’s internet website and require the same information that is required pursuant to this section. (k) The petition shall state, so far as is known to the petitioner, whether or not the proposed conservatee is a member of a federally recognized Indian tribe. If so, the petition shall state the name of the tribe, the state in which the tribe is located, whether the proposed conservatee resides on tribal land, and whether the proposed conservatee is known to own property on tribal land. For the purposes of this subdivision, “tribal land” means land that is, with respect to a specific Indian tribe and the members of that tribe, “Indian country” as defined in Section 1151 of Title 18 of the United States Code. (Amended by Stats. 2022, Ch. 894, Sec. 7. (AB 1663) Effective January 1, 2023.) - 1822. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
The petitioner must give hearing notice before a conservator appointment hearing, include a copy of the petition, and meet special notice rules in some cases. The court may not shorten the notice period.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1822. (a) At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition. The court shall not shorten the time for giving the notice of hearing under this section. (b) Notice shall be delivered pursuant to Section 1215 to the following persons: (1) The spouse, if any, or registered domestic partner, if any, of the proposed conservatee at the address stated in the petition. (2) The relatives named in the petition at their addresses stated in the petition. (c) If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required. (d) If the petition states that the proposed conservatee is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be mailed to the Office of the Veterans Administration referred to in Section 1461.5. (e) If the proposed conservatee is a person with developmental disabilities, at least 30 days before the day of the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the regional center identified in Section 1827.5. (f) If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and are not nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice shall be delivered pursuant to Section 1215 to the public guardian of the county in which the petition is filed. (Amended by Stats. 2017, Ch. 319, Sec. 34. (AB 976) Effective January 1, 2018.) - 1823. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
If someone other than the proposed conservatee files the petition, the clerk must issue a citation for the hearing. The court or a court investigator must explain the proceeding, and the proposed conservatee has listed rights to appear, oppose, counsel, and a jury trial.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1823. (a) If the petition is filed by a person other than the proposed conservatee, the clerk shall issue a citation directed to the proposed conservatee setting forth the time and place of hearing. (b) The citation shall state the legal standards by which the need for a conservatorship is adjudged as stated in Section 1801 and shall state the substance of all of the following: (1) The proposed conservatee may be adjudged unable to provide for personal needs or to manage financial resources and, by reason thereof, a conservator may be appointed for the person or estate, or both. (2) Such adjudication may affect or transfer to the conservator the proposed conservatee’s right to contract, in whole or in part, to manage and control property, to give informed consent for medical treatment, and to fix a residence. (3) (A) The proposed conservatee may be disqualified from voting pursuant to Section 2208 of the Elections Code if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process. (B) The proposed conservatee shall not be disqualified from voting on the basis that the proposed conservatee does, or would need to do, any of the following to complete an affidavit of voter registration: (i) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code. (ii) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code. (iii) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code. (iv) Completes the affidavit of voter registration with reasonable accommodations. (4) The court or a court investigator shall explain the nature, purpose, and effect of the proceeding to the proposed conservatee and shall answer questions concerning the explanation. (5) The proposed conservatee has the right to appear at the hearing and to oppose the petition, and in the case of an alleged developmentally disabled adult, to oppose the petition in part, by objecting to any or all of the requested duties or powers of the limited conservator. (6) The proposed conservatee has the right to choose and be represented by legal counsel and has the right to have legal counsel appointed by the court if not otherwise represented by legal counsel. (7) The proposed conservatee has the right to a jury trial, if desired. (Amended by Stats. 2022, Ch. 420, Sec. 34. (AB 2960) Effective January 1, 2023.) - 1824. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
The citation and a copy of the petition must be served on the proposed conservatee at least 15 days before the hearing.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1824. The citation and a copy of the petition shall be served on the proposed conservatee at least 15 days before the hearing. Service shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such manner as may be authorized by the court. If the proposed conservatee is outside this state, service may also be made in the manner provided in Section 415.40 of the Code of Civil Procedure. (Enacted by Stats. 1990, Ch. 79.) - 1825. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
The proposed conservatee must be brought to the hearing, unless one of the stated exceptions applies.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1825. (a) The proposed conservatee shall be produced at the hearing except in the following cases: (1) Where the proposed conservatee is out of the state when served and is not the petitioner. (2) Where the proposed conservatee is unable to attend the hearing by reason of medical inability. (3) Where the court investigator has reported to the court that the proposed conservatee has expressly communicated that the proposed conservatee (i) is not willing to attend the hearing, (ii) does not wish to contest the establishment of the conservatorship, and (iii) does not object to the proposed conservator or prefer that another person act as conservator, and the court makes an order that the proposed conservatee need not attend the hearing. (b) If the proposed conservatee is unable to attend the hearing because of medical inability, such inability shall be established (1) by the affidavit or certificate of a licensed medical practitioner or (2) if the proposed conservatee is an adherent of a religion whose tenets and practices call for reliance on prayer alone for healing and is under treatment by an accredited practitioner of that religion, by the affidavit of the practitioner. The affidavit or certificate is evidence only of the proposed conservatee’s inability to attend the hearing and shall not be considered in determining the issue of need for the establishment of a conservatorship. (c) Emotional or psychological instability is not good cause for the absence of the proposed conservatee from the hearing unless, by reason of such instability, attendance at the hearing is likely to cause serious and immediate physiological damage to the proposed conservatee. (Enacted by Stats. 1990, Ch. 79.) - 1826. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
The court investigator must investigate a proposed conservatee, interview specified people, inform the proposed conservatee about the petition and rights, review medical information, and file and deliver a report before the hearing.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1826. (a) Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following: (1) Conduct the following interviews: (A) The proposed conservatee personally. (B) All petitioners and all proposed conservators who are not petitioners. (C) The proposed conservatee’s spouse or registered domestic partner and relatives within the first degree. If the proposed conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the proposed conservatee’s relatives within the second degree. (D) To the greatest extent practical and taking into account the proposed conservatee’s wishes, the proposed conservatee’s relatives within the second degree not required to be interviewed under subparagraph (C), neighbors, and, if known, close friends. (2) Inform the proposed conservatee of the contents of the petition and citation, of the nature, purpose, and effect of the proceeding, and of the right of the proposed conservatee to oppose the petition, to attend the hearing on the petition, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel, and to have legal counsel appointed by the court if not otherwise represented by legal counsel. (3) Determine if it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing. (4) Review the allegations of the petition as to why the appointment of the conservator is required and, in making the determination, do the following: (A) Refer to the supplemental information form submitted by the petitioner and consider the facts set forth in the form that address each of the categories specified in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a) of Section 1821, as well as the medical reports received pursuant to paragraph (9). (B) Determine, to the extent practicable or possible, whether the court investigator believes the proposed conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the proposed conservatee’s ability to understand and appreciate the consequences of the proposed conservatee’s actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and describe the observations that support that belief, including information in the medical reports received pursuant to paragraph (9). (5) Determine if the proposed conservatee wishes to oppose the establishment of the conservatorship. (6) Determine if the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator. (7) Determine if the proposed conservatee wishes to be represented by legal counsel and, if so, whether the proposed conservatee has retained legal counsel and, if not, whether the proposed conservatee plans to retain legal counsel. (8) (A) Determine if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting pursuant to Section 2208 of the Elections Code. (B) The proposed conservatee shall not be disqualified from voting on the basis that the proposed conservatee does, or would need to do, any of the following to complete an affidavit of voter registration: (i) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code. (ii) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code. (iii) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code. (iv) Completes the affidavit of voter registration with reasonable accommodations. (9) Gather and review relevant medical reports regarding the proposed conservatee from the proposed conservatee’s primary care physician and other relevant mental and physical health care providers. (10) Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatee’s express communications concerning both of the following: (A) Representation by legal counsel. (B) If the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefers that another person act as conservator. (11) Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in paragraph (10) to all of the following: (A) The attorney, if any, for the petitioner. (B) The attorney, if any, for the proposed conservatee. (C) The proposed conservatee. (D) The spouse, registered domestic partner, and relatives within the first degree of the proposed conservatee who are required to be named in the petition for appointment of the conservator, unless the court determines that the delivery will harm the conservatee. (E) Any other persons as the court orders. (b) The court investigator has discretion to release the report required by this section to the public conservator, interested public agencies, and the long-term care ombudsperson. (c) (1) The report required by this section is confidential and shall be made available only to parties, persons described in paragraph (11) of subdivision (a), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. The court has discretion at any other time to release the report, if it would serve the interests of the conservatee. The clerk of the court shall provide for the limitation of the report exclusively to persons entitled to its receipt. (2) Notwithstanding paragraph (1), confidential medical information and confidential information from the California Law Enforcement Telecommunications System (CLETS) shall be placed in a separate attachment to the report and shall be made available only to the proposed conservatee and the proposed conservatee’s attorney. (d) This section does not apply to a proposed conservatee who has personally executed the petition for conservatorship, or a proposed conservatee who has nominated their own conservator, if the proposed conservatee attends the hearing. (e) If the court investigator has performed an investigation within the preceding six months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed. (f) An investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee. (g) The Judicial Council shall, on or before January 1, 2023, update the rules of court and Judicial Council forms as necessary to implement this section. (h) (1) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose. (2) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by the measure that added this paragraph until the Legislature makes an appropriation identified for this purpose. (Amended by Stats. 2022, Ch. 420, Sec. 35. (AB 2960) Effective January 1, 2023.) - 1827. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
The court must hear and decide conservatorship establishment matters under civil trial procedures, and provide a jury trial if the proposed conservatee demands one.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1827. The court shall hear and determine the matter of the establishment of the conservatorship according to the law and procedure relating to the trial of civil actions, including trial by jury if demanded by the proposed conservatee. (Amended by Stats. 2000, Ch. 17, Sec. 4.2. Effective January 1, 2001.) - 1827.5. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
This section requires assessments and reports in certain conservatorship proceedings for persons with developmental disabilities, and makes those reports confidential with limited disclosure.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1827.5. (a) In the case of any proceeding to establish a limited conservatorship for a person with developmental disabilities, within 30 days after the filing of a petition for limited conservatorship, a proposed limited conservatee, with his or her consent, shall be assessed at a regional center as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. The regional center shall submit a written report of its findings and recommendations to the court. (b) In the case of any proceeding to establish a general conservatorship for a person with developmental disabilities, the regional center, with the consent of the proposed conservatee, may prepare an assessment as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. If an assessment is prepared, the regional center shall submit its findings and recommendations to the court. (c) (1) A report prepared under subdivision (a) or (b) shall include a description of the specific areas, nature, and degree of disability of the proposed conservatee or proposed limited conservatee. The findings and recommendations of the regional center are not binding upon the court. (2) In a proceeding where the petitioner is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or a spouse or employee of a provider, is not the natural parent of the proposed conservatee or proposed limited conservatee, and is not a public entity, the regional center shall include a recommendation in its report concerning the suitability of the petitioners to meet the needs of the proposed conservatee or proposed limited conservatee. (d) At least five days before the hearing on the petition, the regional center shall deliver pursuant to Section 1215 a copy of the report described in subdivision (a) to all of the following: (1) The proposed limited conservatee. (2) The attorney, if any, for the proposed limited conservatee. (3) If the petitioner is not the proposed limited conservatee, the attorney for the petitioner or the petitioner if the petitioner does not have an attorney. (4) Any other persons as the court orders. (e) The report referred to in subdivisions (a) and (b) shall be confidential and shall be made available only to parties listed in subdivision (d) unless the court, in its discretion, determines that the release of the report would serve the interests of the conservatee who is developmentally disabled. The clerk of the court shall limit disclosure of the report exclusively to persons entitled under this section. (Amended by Stats. 2017, Ch. 319, Sec. 36. (AB 976) Effective January 1, 2018.) - 1828. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Before a conservatorship is established, the court must inform the proposed conservatee of specified matters and must consult them about the proceeding and related orders, unless a narrow exception applies. The section also limits voting disqualification and preserves several voting-registration-related protections.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1828. (a) Except as provided in subdivision (c), before the establishment of a conservatorship of the person or estate, or both, the court shall inform the proposed conservatee of all of the following: (1) The nature and purpose of the proceeding. (2) The establishment of a conservatorship is a legal adjudication of the proposed conservatee’s inability to properly provide for the proposed conservatee’s personal needs or to manage the conservatee’s own financial resources, or both, depending on the allegations made and the determinations requested in the petition, and the effect of such an adjudication on the proposed conservatee’s basic rights. (3) (A) The proposed conservatee may be disqualified from voting pursuant to Section 2208 of the Elections Code if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process. (B) The proposed conservatee shall not be disqualified from voting on the basis that the proposed conservatee does, or would need to do, any of the following to complete an affidavit of voter registration: (i) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code. (ii) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code. (iii) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code. (iv) Completes the affidavit of voter registration with reasonable accommodations. (4) The identity of the proposed conservator. (5) The nature and effect on the proposed conservatee’s basic rights of any order requested under Chapter 4 (commencing with Section 1870), and in the case of an allegedly developmentally disabled adult, the specific effects of each limitation requested in such order. (6) The proposed conservatee has the right to oppose the proceeding, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if not otherwise represented by legal counsel. (b) After the court so informs the proposed conservatee and before the establishment of the conservatorship, the court shall consult the proposed conservatee to determine the proposed conservatee’s opinion concerning all of the following: (1) The establishment of the conservatorship. (2) The appointment of the proposed conservator. (3) Any order requested under Chapter 4 (commencing with Section 1870), and in the case of an allegedly developmentally disabled adult, of each limitation requested in that order. (c) This section does not apply where both of the following conditions are satisfied: (1) The proposed conservatee is absent from the hearing and is not required to attend the hearing under subdivision (a) of Section 1825. (2) Any showing required by Section 1825 has been made. (Amended by Stats. 2022, Ch. 420, Sec. 36. (AB 2960) Effective January 1, 2023.) - 1828.5. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
The court must investigate the proposed limited conservatee’s condition and the proposed conservator, and may dismiss or grant the petition depending on the person’s capacity.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1828.5. (a) At the hearing on the petition for appointment of a limited conservator for an allegedly developmentally disabled adult, the court shall do each of the following: (1) Inquire into the nature and extent of the general intellectual functioning of the individual alleged to be developmentally disabled. (2) Evaluate the extent of the impairment of his or her adaptive behavior. (3) Ascertain his or her capacity to care for himself or herself and his or her property. (4) Inquire into the qualifications, abilities, and capabilities of the person seeking appointment as limited conservator. (5) If a report by the regional center, in accordance with Section 1827.5, has not been filed in court because the proposed limited conservatee withheld his or her consent to assessment by the regional center, the court shall determine the reason for withholding such consent. (b) If the court finds that the proposed limited conservatee possesses the capacity to care for himself or herself and to manage his or her property as a reasonably prudent person, the court shall dismiss the petition for appointment of a limited conservator. (c) If the court finds that the proposed limited conservatee lacks the capacity to perform some, but not all, of the tasks necessary to provide properly for his or her own personal needs for physical health, food, clothing, or shelter, or to manage his or her own financial resources, the court shall appoint a limited conservator for the person or the estate or the person and the estate. (d) If the court finds that the proposed limited conservatee lacks the capacity to perform all of the tasks necessary to provide properly for his or her own personal needs for physical health, food, clothing, or shelter, or to manage his or her own financial resources, the court shall appoint either a conservator or a limited conservator for the person or the estate, or the person and the estate. (e) The court shall define the powers and duties of the limited conservator so as to permit the developmentally disabled adult to care for himself or herself or to manage his or her financial resources commensurate with his or her ability to do so. (f) Prior to the appointment of a limited conservator for the person or estate or person and estate of a developmentally disabled adult, the court shall inform the proposed limited conservatee of the nature and purpose of the limited conservatorship proceeding, that the appointment of a limited conservator for his or her person or estate or person and estate will result in the transfer of certain rights set forth in the petition and the effect of such transfer, the identity of the person who has been nominated as his or her limited conservator, that he or she has a right to oppose such proceeding, and that he or she has a right to have the matter tried by jury. After communicating such information to the person and prior to the appointment of a limited conservator, the court shall consult the person to determine his or her opinion concerning the appointment. (Enacted by Stats. 1990, Ch. 79.) - 1829. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Several named persons may appear at the hearing to support or oppose the petition.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1829. Any of the following persons may appear at the hearing to support or oppose the petition: (a) The proposed conservatee. (b) The spouse or registered domestic partner of the proposed conservatee. (c) A relative of the proposed conservatee. (d) Any interested person or friend of the proposed conservatee. (Amended by Stats. 2006, Ch. 493, Sec. 9. Effective January 1, 2007.) - 1830. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
This section requires the conservator’s order to include specified names and, in some limited conservatorship cases, required findings and listed powers, limitations, and duties. It also requires the conservator to deliver the order and notice to the conservatee and relatives within 30 days, and requires the Judicial Council to develop the notice 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 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1830. (a) The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of: (1) The conservator. (2) The conservatee’s attorney, if any. (3) The court investigator, if any. (b) In the case of a limited conservator for a developmentally disabled adult, any order the court issues shall include the findings of the court specified in Section 1828.5. The order shall specify the powers granted to and duties imposed upon the limited conservator, which powers and duties shall not exceed the powers and duties applicable to a conservator under this code. The order shall also specify all of the following: (1) The properties of the limited conservatee to which the limited conservator is entitled to possession and management, giving a description of the properties that will be sufficient to identify them. (2) The debts, rentals, wages, or other claims due to the limited conservatee which the limited conservator is entitled to collect, or file suit with respect to, if necessary, and thereafter to possess and manage. (3) The contractual or other obligations which the limited conservator may incur on behalf of the limited conservatee. (4) The claims against the limited conservatee which the limited conservator may pay, compromise, or defend, if necessary. (5) Any other powers, limitations, or duties with respect to the care of the limited conservatee or the management of the property specified in this subdivision by the limited conservator which the court shall specifically and expressly grant. (c) An information notice of the rights of conservatees shall be attached to the order. The conservator shall deliver pursuant to Section 1215 the order and the attached information notice to the conservatee and the conservatee’s relatives, as set forth in subdivision (b) of Section 1821, within 30 days of the issuance of the order. By January 1, 2008, the Judicial Council shall develop the notice required by this subdivision. (Amended by Stats. 2017, Ch. 319, Sec. 37. (AB 976) Effective January 1, 2018.) - 1834. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Before letters are issued, a conservator must file an acknowledgment of receipt for the required duties-and-liabilities statement and conservatorship information form, unless the conservator is a trust company or public conservator.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1834. (a) Before letters are issued in a conservatorship that originates in this state or a conservatorship that is transferred to this state under Chapter 8 (commencing with Section 1980), the conservator (other than a trust company or a public conservator) shall file an acknowledgment of receipt of (1) a statement of duties and liabilities of the office of conservator, and (2) a copy of the conservatorship information required under Section 1835. The acknowledgment and the statement shall be in the form prescribed by the Judicial Council. (b) The court may by local rules require the acknowledgment of receipt to include the conservator’s birth date and driver’s license number, if any, provided that the court ensures their confidentiality. (c) The statement of duties and liabilities prescribed by the Judicial Council shall not supersede the law on which the statement is based. (Amended by Stats. 2014, Ch. 553, Sec. 7. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1835. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Superior courts must give conservators written information about their rights, duties, limits, and responsibilities; the Judicial Council must develop and periodically update that information package; courts may charge private conservators a $20 fee to cover the cost.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1835. (a) Every superior court shall provide all conservators with written information concerning a conservator’s rights, duties, limitations, and responsibilities under this division. (b) The information to be provided shall include, but need not be limited to, the following: (1) The rights, duties, limitations, and responsibilities of a conservator. (2) The rights of a conservatee. (3) How to assess the needs and preferences of the conservatee. (4) How to use community-based services to meet the needs of the conservatee. (5) How to ensure that the conservatee is provided with the least restrictive possible environment. (6) The court procedures and processes relevant to conservatorships. (7) The procedures for inventory and appraisal, and the filing of accounts. (8) Procedures to petition to terminate or modify the conservatorship. (9) The conservator’s obligations pursuant to Section 2113. (c) An information package shall be developed by the Judicial Council, after consultation with the following organizations or individuals: (1) The California State Association of Public Administrators, Public Guardians, and Public Conservators, or other comparable organizations. (2) The State Bar. (3) Individuals or organizations, approved by the Judicial Council, who represent court investigators, specialists with experience in performing assessments and coordinating community-based services, and legal services programs for the elderly. (d) The failure of any court or any employee or agent thereof, to provide information to a conservator as required by this section does not: (1) Relieve the conservator of any of the conservator’s duties as required by this division. (2) Make the court or the employee or agent thereof, liable, in either a personal or official capacity, for damages to a conservatee, conservator, the conservatorship of a person or an estate, or any other person or entity. (e) The information package shall be made available to individual courts. The Judicial Council shall periodically update the information package when changes in the law warrant revision. The revisions shall be provided to individual courts. (f) To cover the costs of providing the written information required by this section, a court may charge each private conservator a fee of twenty dollars ($20) which shall be distributed to the court in which it was collected. (Amended by Stats. 2022, Ch. 894, Sec. 8. (AB 1663) Effective January 1, 2023.) - 1835.5. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
The superior court must give a conservatee a plain-language list of rights within 30 days after a conservatorship starts and every year after that.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1835.5. (a) Within 30 days of the establishment of a conservatorship under this division, and annually thereafter, the superior court shall provide information to a conservatee under its jurisdiction, written in plain language, with a list of the conservatee’s rights within the conservatorship. (b) The information to be provided shall include, but need not be limited to, all of the following: (1) The name and contact information of the conservator. (2) A description of the conservatorship, including the rights the conservatee retains under the conservatorship. (3) The role, duties, and contact information, including name, telephone number, address, and email address, of the court investigator and the court alternatives program. (4) The person to petition to end or change the conservatorship and contact information for the person to contact to begin that process. (5) A personalized list of rights that the conservatee retains, even under the conservatorship, including the rights to do all of the following: (A) Directly receive and control their own salary. (B) Make or change their will. (C) Get married. (D) Receive mail. (E) Have visits from family and friends. (F) Have a lawyer. (G) Ask a judge to change conservators. (H) Ask a judge to end the conservatorship. (I) Vote, unless expressly withheld by the court. (J) Control personal spending money if a judge permits an allowance to be paid directly to the conservatee. (K) Make their own health care decisions. (L) Enter into business transactions to provide for the conservatee’s basic needs and those of their children. (M) Participate in other activities the court allows when the conservator is appointed, or when the court order later grants that right at the conservatee’s request. (6) The personalized list of rights in paragraph (5) shall state which rights, if any, were expressly withheld by the court. (Added by Stats. 2022, Ch. 894, Sec. 9. (AB 1663) Effective January 1, 2023.) - 1836. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. )
The Judicial Council must set up a conservatorship alternatives program in each superior court self-help center if the Legislature appropriates funds.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Establishment of Conservatorship [1820 - 1836] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1836. (a) Upon appropriation by the Legislature, the Judicial Council shall establish a conservatorship alternatives program within each self-help center in every state Superior Court. (b) The purposes of the conservatorship alternatives program are: (1) To provide information relating to less restrictive alternatives to conservatorship, including, but not limited to, supported decisionmaking agreements, as defined in Section 21001 of the Welfare and Institutions Code, to interested individuals. (2) To educate interested individuals on less restrictive alternatives to conservatorship that may be appropriate, and to provide assistance in considering and implementing those alternatives. (c) Each court’s conservatorship alternatives program shall include staff who provide information and resources to interested individuals about less restrictive alternatives to conservatorship. (d) The conservatorship alternatives program shall operate as follows: (1) Any interested individual who contacts a superior court self-help center to inquire about conservatorship proceedings or to request documents to petition for a conservatorship shall be advised of the conservatorship alternatives program. (2) The conservatorship alternatives program shall be a component of each superior court’s self-help center. (3) Conservatorship alternatives program staff shall be trained in less restrictive alternatives to conservatorship and shall be available to meet, through in-person or remote means, with interested individuals to provide education and resources on supported decisionmaking agreements and other less restrictive alternatives to conservatorship, and to provide resources to assist people who wish to implement or establish those alternatives. (4) Conservatorship alternatives program staff shall be able to provide the following to interested individuals: (A) Practical resources, information, and documents to establish and implement alternatives to conservatorship, including powers of attorney, advance health care directives, and supported decisionmaking agreements. (B) Technical support and education on these alternatives, including assistance in filling out any associated paperwork and in understanding these alternatives. (5) Interactions or communication with the CAP Program shall not be used as evidence of incapacity or introduced for any other reason in a conservatorship proceeding under this division unless introduced by the conservatee or proposed conservatee. (Added by Stats. 2022, Ch. 894, Sec. 10. (AB 1663) Effective January 1, 2023.) - 1840. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable Where Proposed Conservatee Is an Absentee [1840 - 1844] ( Article 4 enacted by Stats. 1990, Ch. 79. )
A conservator for an absentee is generally appointed under the procedures in the referenced articles, unless this article provides otherwise.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable Where Proposed Conservatee Is an Absentee [1840 - 1844] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 1840. Except as otherwise provided in this article, a conservator for an absentee (Section 1403) shall be appointed as provided in Article 3 (commencing with Section 1820) of this chapter or Article 3 (commencing with Section 2001) of Chapter 8. (Amended by Stats. 2014, Ch. 553, Sec. 8. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1841. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable Where Proposed Conservatee Is an Absentee [1840 - 1844] ( Article 4 enacted by Stats. 1990, Ch. 79. )
If the proposed conservatee is an absentee, the petition and required notices must include the person’s last known military rank or grade and Social Security account number, and the petition must say whether the spouse has started certain separation or marriage-status proceedings.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable Where Proposed Conservatee Is an Absentee [1840 - 1844] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 1841. In addition to the other required contents of the petition, if the proposed conservatee is an absentee: (a) The petition, and any notice required by Section 1822 or 2002, or any other law, shall set forth the last known military rank or grade and the social security account number of the proposed conservatee. (b) The petition shall state whether the absentee’s spouse has commenced any action or proceeding against the absentee for judicial or legal separation, dissolution of marriage, annulment, or adjudication of nullity of their marriage. (Amended by Stats. 2014, Ch. 553, Sec. 9. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1842. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable Where Proposed Conservatee Is an Absentee [1840 - 1844] ( Article 4 enacted by Stats. 1990, Ch. 79. )
If the proposed conservatee is an absentee, the petition and hearing notice must be delivered at least 15 days before the hearing, and notice must also be published in a newspaper of general circulation in the county where the hearing will be held.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable Where Proposed Conservatee Is an Absentee [1840 - 1844] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 1842. In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is an absentee, a copy of the petition and notice of the time and place of the hearing shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the secretary concerned or to the head of the United States department or agency concerned, as the case may be. In that case, notice shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the hearing will be held. (Amended by Stats. 2017, Ch. 319, Sec. 38. (AB 976) Effective January 1, 2018.) - 1843. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable Where Proposed Conservatee Is an Absentee [1840 - 1844] ( Article 4 enacted by Stats. 1990, Ch. 79. )
If the proposed conservatee is an absentee, no citation under Section 1823 and no notice under Section 2002 is required.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable Where Proposed Conservatee Is an Absentee [1840 - 1844] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 1843. (a) No citation is required under Section 1823 to the proposed conservatee if the proposed conservatee is an absentee. (b) No notice is required under Section 2002 to the proposed conservatee if the proposed conservatee is an absentee. (Amended by Stats. 2014, Ch. 553, Sec. 11. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1844. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable Where Proposed Conservatee Is an Absentee [1840 - 1844] ( Article 4 enacted by Stats. 1990, Ch. 79. )
In a conservatorship proceeding for an absentee, the court must accept a qualifying written report or record as evidence and may not make a status finding that conflicts with it.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable Where Proposed Conservatee Is an Absentee [1840 - 1844] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 1844. (a) In a proceeding to appoint a conservator for an absentee under Article 3 (commencing with Section 1820) of this chapter or Article 3 (commencing with Section 2001) of Chapter 8, an official written report or record complying with Section 1283 of the Evidence Code that a proposed conservatee is an absentee shall be received as evidence of that fact and the court shall not determine the status of the proposed conservatee inconsistent with the status determined as shown by the written report or record. (b) The inability of the proposed conservatee to attend the hearing is established by the official written report or record referred to in subdivision (a). (Amended by Stats. 2014, Ch. 553, Sec. 12. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1845. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Special Provisions Applicable Where Proposed Conservatee Is a Missing Person [1845 - 1849.5] ( Article 5 enacted by Stats. 1990, Ch. 79. )
A conservator for the estate of a missing person whose whereabouts are unknown must be appointed under the listed conservatorship procedures, except as otherwise provided in this article.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Special Provisions Applicable Where Proposed Conservatee Is a Missing Person [1845 - 1849.5] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 1845. (a) Except as otherwise provided in this article, a conservator of the estate of a person who is missing and whose whereabouts is unknown shall be appointed as provided in Article 3 (commencing with Section 1820) of this chapter or Article 3 (commencing with Section 2001) of Chapter 8. (b) This article does not apply where the proposed conservatee is an absentee as defined in Section 1403. (Amended by Stats. 2014, Ch. 553, Sec. 13. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1846. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Special Provisions Applicable Where Proposed Conservatee Is a Missing Person [1845 - 1849.5] ( Article 5 enacted by Stats. 1990, Ch. 79. )
If the proposed conservatee is a missing person whose whereabouts are unknown, the petition must include specified facts and descriptions.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Special Provisions Applicable Where Proposed Conservatee Is a Missing Person [1845 - 1849.5] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 1846. In addition to the other required contents of the petition, if the proposed conservatee is a person who is missing and whose whereabouts is unknown, the petition shall state all of the following: (a) The proposed conservatee owns or is entitled to the possession of real or personal property located in this state. In a proceeding to transfer a conservatorship of a missing person to this state under Article 3 (commencing with Section 2001) of Chapter 8, this requirement is also satisfied if the petition states that the proposed conservatee owns or is entitled to the possession of personal property that is to be relocated to this state upon approval of the transfer. (b) The time and circumstance of the person’s disappearance and that the missing person has not been heard from by the persons most likely to hear (naming them and their relationship to the missing person) since the time of disappearance and that the whereabouts of the missing person is unknown to those persons and to the petitioner. (c) The last known residence of the missing person. (d) A description of any search or inquiry made concerning the whereabouts of the missing person. (e) A description of the estate of the proposed conservatee which requires attention, supervision, and care. (Amended by Stats. 2014, Ch. 553, Sec. 14. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1847. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Special Provisions Applicable Where Proposed Conservatee Is a Missing Person [1845 - 1849.5] ( Article 5 enacted by Stats. 1990, Ch. 79. )
If the proposed conservatee is missing and their whereabouts are unknown, the court may order additional notice of the hearing.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Special Provisions Applicable Where Proposed Conservatee Is a Missing Person [1845 - 1849.5] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 1847. In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is a person who is missing and whose whereabouts is unknown: (a) A copy of the petition for appointment of a conservator and notice of the time and place of the hearing on the petition shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the proposed conservatee at the last known address of the proposed conservatee. (b) Notice of the time and place of the hearing shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proposed conservatee was last known to reside if the proposed conservatee’s last known address is in this state. (c) Pursuant to Section 1202, the court may require that further or additional notice of the hearing be given. (Amended by Stats. 2017, Ch. 319, Sec. 39. (AB 976) Effective January 1, 2018.) - 1848. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Special Provisions Applicable Where Proposed Conservatee Is a Missing Person [1845 - 1849.5] ( Article 5 enacted by Stats. 1990, Ch. 79. )
This section says several notice, citation, hearing-production, and court-investigator steps are not required in missing-person conservatorship proceedings.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Special Provisions Applicable Where Proposed Conservatee Is a Missing Person [1845 - 1849.5] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 1848. (a) In a proceeding under Article 3 (commencing with Section 1820) to appoint a conservator of the estate of a person who is missing and whose whereabouts is unknown, the following acts are not required: (1) Issuance of a citation to the proposed conservatee pursuant to Section 1823. (2) Service of a citation and petition pursuant to Section 1824. (3) Production of the proposed conservatee at the hearing pursuant to Section 1825. (4) Performance of the duties of the court investigator pursuant to Section 1826. (5) Performance of any other act that depends upon knowledge of the location of the proposed conservatee. (b) In a proceeding to transfer a conservatorship of a missing person to this state under Article 3 (commencing with Section 2001) of Chapter 8, the following acts are not required: (1) Notice to the proposed conservatee pursuant to Section 2002. (2) Production of the proposed conservatee at the hearings pursuant to Section 2002. (3) Performance of the duties of the court investigator pursuant to Section 1851.1. (4) Performance of any other act that depends upon knowledge of the location of the proposed conservatee. (Amended by Stats. 2014, Ch. 553, Sec. 16. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1849. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Special Provisions Applicable Where Proposed Conservatee Is a Missing Person [1845 - 1849.5] ( Article 5 enacted by Stats. 1990, Ch. 79. )
A court may appoint a conservator for a missing person’s estate only if specified property, disappearance, and care 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 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Special Provisions Applicable Where Proposed Conservatee Is a Missing Person [1845 - 1849.5] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 1849. A conservator of the estate of a person who is missing and whose whereabouts is unknown may be appointed only if the court finds all of the following: (a) The proposed conservatee owns or is entitled to the possession of real or personal property located in this state. In a proceeding to transfer a conservatorship of a missing person to this state under Article 3 (commencing with Section 2001) of Chapter 8, this requirement is also satisfied if the court finds that the proposed conservatee owns or is entitled to the possession of personal property that is to be relocated to this state upon approval of the transfer. (b) The proposed conservatee remains missing and his or her whereabouts remains unknown. (c) The estate of the proposed conservatee requires attention, supervision, and care. (Amended by Stats. 2014, Ch. 553, Sec. 17. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1849.5. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Special Provisions Applicable Where Proposed Conservatee Is a Missing Person [1845 - 1849.5] ( Article 5 enacted by Stats. 1990, Ch. 79. )
A petition may be filed under this article no matter when the proposed conservatee became missing or how long they have been missing.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Establishment of Conservatorship [1800 - 1849.5] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Special Provisions Applicable Where Proposed Conservatee Is a Missing Person [1845 - 1849.5] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 1849.5. (a) A petition may be filed under this article regardless of when the proposed conservatee became missing or how long the proposed conservatee has been missing. (b) If a trustee was appointed pursuant to former Section 262, repealed by Chapter 201 of the Statutes of 1983, the provisions of former Sections 260 to 272, inclusive, repealed by Chapter 201 of the Statutes of 1983, continue to apply to the case after December 31, 1983, unless, upon a petition filed under this article after December 31, 1983, the trustee is replaced by a conservator. (Enacted by Stats. 1990, Ch. 79.) - 1850. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
This section requires periodic court review of conservatorships, including investigator visits, investigations, and reports, and lets the court act on those reports.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1850. (a) Except as provided in subdivision (e), each conservatorship established pursuant to this part shall be reviewed by the court as follows: (1) Six months after the initial appointment of the conservator, the court investigator shall visit the conservatee, conduct an investigation as provided in subdivision (a) of Section 1851, and report to the court regarding the appropriateness of the conservatorship and whether the conservator is acting in the best interests of the conservatee regarding the conservatee’s placement, quality of care, including physical and mental health treatment, and finances. In response to the investigator’s report, the court may take appropriate action including, but not limited to, ordering a hearing or ordering the conservator to submit an accounting pursuant to subdivision (a) of Section 2620. (2) One year after the initial appointment of the conservator and annually thereafter, the court investigator shall, as provided in Section 1851, visit the conservatee, conduct an investigation, including, when possible, discussing with the conservatee less restrictive alternatives to conservatorship as set forth in Section 1800.3, and report the findings of the investigation to the court, including whether the conservator or conservatee wishes to modify or terminate the conservatorship and whether less restrictive alternatives could be tried. On receipt of the investigator’s report, the court shall, if indicated by the report, consider promptly terminating or modifying the conservatorship at a hearing pursuant to Section 1860.5 or 1863 and take any other appropriate action. (b) At any time, the court may, on its own motion or upon request by any interested person, take appropriate action including, but not limited to, ordering a review of the conservatorship at a noticed hearing or ordering the conservator to submit an accounting pursuant to Section 2620. (c) Notice of a review hearing pursuant to this section shall be given to the persons, for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (d) This chapter does not apply to either of the following: (1) A conservatorship for an absentee as defined in Section 1403. (2) A conservatorship of the estate for a nonresident of this state where the conservatee is not present in this state. (e) (1) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose. (2) A superior court shall not be required to perform any duties imposed pursuant to the measure that added this paragraph until the Legislature makes an appropriation identified for this purpose. (Amended by Stats. 2022, Ch. 894, Sec. 11. (AB 1663) Effective January 1, 2023.) - 1850.5. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Limited conservatorships for developmentally disabled adults must be reviewed one year after the conservator is appointed and every two years after that.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1850.5. (a) Notwithstanding Section 1850, each limited conservatorship for a developmentally disabled adult, as defined in subdivision (d) of Section 1801, shall be reviewed by the court one year after the appointment of the conservator and biennially thereafter. (b) The court may, on its own motion or upon request by any interested person, take appropriate action, including, but not limited to, ordering a review of the limited conservatorship at a noticed hearing, at any time. (c) At any review pursuant to this section, the court shall consider terminating the limited conservatorship, as provided in Section 1860.5. (d) Notice of a review hearing pursuant to this section shall be given to the persons, for the period and in the manner provided in subdivision (d) of Section 1860.5. (e) (1) A superior court shall not be required to perform any duties imposed by this section until the Legislature makes an appropriation identified for this purpose. (2) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by the measure that added this paragraph until the Legislature makes an appropriation identified for this purpose. (Amended by Stats. 2021, Ch. 417, Sec. 9. (AB 1194) Effective January 1, 2022.) - 18501. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. )
This part may be cited as the Uniform Prudent Management of Institutional Funds Act.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. ) ## 18501. This part may be cited as the Uniform Prudent Management of Institutional Funds Act. (Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.) - 18502. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. )
This section defines terms used in this part of the Probate Code about institutional funds and charitable purposes.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. ) ## 18502. As used in this part, the following terms shall have the following meanings: (a) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community. (b) “Endowment fund” means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use. (c) “Gift instrument” means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund. (d) “Institution” means any of the following: (1) A person, other than an individual, organized and operated exclusively for charitable purposes. (2) A government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose. (3) A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated. (e) “Institutional fund” means a fund held by an institution exclusively for charitable purposes. The term does not include any of the following: (1) Program-related assets. (2) A fund held for an institution by a trustee that is not an institution. (3) A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund. (f) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (g) “Program-related asset” means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment. (h) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.) - 18503. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. )
Institutions managing an institutional fund must consider the donor’s intent, act prudently and in good faith, verify relevant facts, diversify unless justified not to, and follow any gift-instrument exceptions.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. ) ## 18503. (a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund. (b) In addition to complying with the duty of loyalty imposed by law other than this part, each person responsible for managing and investing an institutional fund shall manage and invest the fund in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances. (c) In managing and investing an institutional fund, an institution is subject to both of the following: (1) It may incur only costs that are appropriate and reasonable in relation to the assets, the purposes of the institution, and the skills available to the institution. (2) It shall make a reasonable effort to verify facts relevant to the management and investment of the fund. (d) An institution may pool two or more institutional funds for purposes of management and investment. (e) Except as otherwise provided by a gift instrument, the following rules apply: (1) In managing and investing an institutional fund, all of the following factors, if relevant, must be considered: (A) General economic conditions. (B) The possible effect of inflation or deflation. (C) The expected tax consequences, if any, of investment decisions or strategies. (D) The role that each investment or course of action plays within the overall investment portfolio of the fund. (E) The expected total return from income and the appreciation of investments. (F) Other resources of the institution. (G) The needs of the institution and the fund to make distributions and to preserve capital. (H) An asset’s special relationship or special value, if any, to the charitable purposes of the institution. (2) Management and investment decisions about an individual asset must be made not in isolation but rather in the context of the institutional fund’s portfolio of investments as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the fund and to the institution. (3) Except as otherwise provided by law other than this part, an institution may invest in any kind of property or type of investment consistent with this section. (4) An institution shall diversify the investments of an institutional fund unless the institution reasonably determines that, because of special circumstances, the purposes of the fund are better served without diversification. (5) Within a reasonable time after receiving property, an institution shall make and carry out decisions concerning the retention or disposition of the property or to rebalance a portfolio, in order to bring the institutional fund into compliance with the purposes, terms, and distribution requirements of the institution as necessary to meet other circumstances of the institution and the requirements of this part. (6) A person that has special skills or expertise, or is selected in reliance upon the person’s representation that the person has special skills or expertise, has a duty to use those skills or that expertise in managing and investing institutional funds. (f) Nothing in this section alters the duties and liabilities of a director of a nonprofit public benefit corporation under Section 5240 of the Corporations Code. (Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.) - 18504. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. )
An institution may spend from or accumulate an endowment fund only as prudent and subject to the donor’s intent; limits in a gift instrument must be stated specifically.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. ) ## 18504. (a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, all of the following factors: (1) The duration and preservation of the endowment fund. (2) The purposes of the institution and the endowment fund. (3) General economic conditions. (4) The possible effect of inflation or deflation. (5) The expected total return from income and the appreciation of investments. (6) Other resources of the institution. (7) The investment policy of the institution. (b) To limit the authority to appropriate for expenditure or accumulate under subdivision (a), a gift instrument must specifically state the limitation. (c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only “income,” “interest,” “dividends,” or “rents, issues, or profits,” or “to preserve the principal intact,” or words of similar import have both of the following effects: (1) To create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund. (2) To not otherwise limit the authority to appropriate for expenditure or accumulate under subdivision (a). (d) The appropriation for expenditure in any year of an amount greater than 7 percent of the fair market value of an endowment fund, calculated on the basis of market values determined at least quarterly and averaged over a period of not less than three years immediately preceding the year in which the appropriation for expenditure is made, creates a rebuttable presumption of imprudence. For an endowment fund in existence for fewer than three years, the fair market value of the endowment fund shall be calculated for the period the endowment fund has been in existence. This subdivision does not do any of the following: (1) Apply to an appropriation for expenditure permitted under law other than this part or by the gift instrument. (2) Apply to a private or public postsecondary educational institution, or to a campus foundation established by and operated under the auspices of such an educational institution. (3) Create a presumption of prudence for an appropriation for expenditure of an amount less than or equal to 7 percent of the fair market value of the endowment fund. (Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.) - 18505. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. )
An institution may delegate institutional fund management and investment to an external agent, but must do so in good faith and with prudent care, and the agent must use reasonable care within the delegation’s scope.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. ) ## 18505. (a) Subject to any specific limitation set forth in a gift instrument or in law other than this part, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in all of the following: (1) Selecting an agent. (2) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund. (3) Periodically reviewing the agent’s actions in order to monitor the agent’s performance and compliance with the scope and terms of the delegation. (b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation. (c) An institution that complies with subdivision (a) is not liable for the decisions or actions of an agent to which the function was delegated except to the extent a trustee would be liable for those actions or decisions under Sections 16052 and 16401. (d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function. (e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this state other than this part. (Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.) - 18506. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. )
An institution may release or modify certain gift restrictions on an institutional fund if the donor consents, and a court may also modify them in specified circumstances.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. ) ## 18506. (a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution. (b) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor’s probable intention. (c) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard. (d) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the Attorney General and to the donor at the donor’s last known address in the records of the institution, may release or modify the restriction, in whole or part, if all of the following apply: (1) The institutional fund subject to the restriction has a total value of less than one hundred thousand dollars ($100,000). (2) More than 20 years have elapsed since the fund was established. (3) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument. An institution that releases or modifies a restriction under this subdivision may, if appropriate circumstances arise thereafter, use the property in accordance with the restriction notwithstanding its release or modification, and that use is deemed to satisfy the consistency requirement of this paragraph. (Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.) - 18507. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. )
Compliance with this part is judged based on the facts and circumstances at the time a decision is made or action is taken, not with hindsight.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. ) ## 18507. Compliance with this part is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight. (Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.) - 18508. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. )
This part applies to institutional funds existing on or created after January 1, 2009.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. ) ## 18508. This part applies to institutional funds existing on or established after January 1, 2009. As applied to institutional funds existing on January 1, 2009, this part governs only decisions made or actions taken on or after that date. (Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.) - 18509. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. )
This section says the part overrides the federal electronic signatures act, except it does not override Section 101 and does not authorize electronic delivery of the notices listed in Section 103.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. ) ## 18509. This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101 of that act (15 U.S.C. Sec. 7001(a)), or authorize electronic delivery of any of the notices described in Section 103 of that act (15 U.S.C. Sec. 7003(b)). (Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.) - 1851. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
When a conservatorship review is required, the court investigator must visit the conservatee, explain the conservatorship, gather specified findings, and file and share a report; the conservator must provide records on request, and the report is tightly controlled for confidentiality.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1851. (a) (1) If court review is required pursuant to Section 1850 or 1850.5, the court investigator shall, without prior notice to the conservator except as ordered by the court for necessity or to prevent harm to the conservatee, visit the conservatee. The court investigator shall inform the conservatee personally that the conservatee is under a conservatorship and shall give the name of the conservator to the conservatee. The court investigator shall determine all of the following: (A) If the conservatee wishes the court to terminate the conservatorship. (B) If the conservatee wishes the court to remove the conservator and appoint a successor conservator. (C) If both of the following are true: (i) The conservatee still meets the criteria for appointment of a conservator of the person under subdivision (a) of Section 1801, a conservator of the estate under subdivision (b) of Section 1801, or both. (ii) The conservatorship remains the least restrictive alternative needed for the protection of the conservatee, as required by subdivision (b) of Section 1800.3. (D) If the conservator is acting in the best interests of the conservatee. In determining if the conservator is acting in the best interests of the conservatee, the court investigator’s evaluation shall include an examination of the conservatee’s placement, the quality of care, including physical and mental health treatment, and the conservatee’s finances. To the extent practicable, the investigator shall review the accounting with a conservatee who has sufficient capacity. To the greatest extent possible, the court investigator shall interview individuals set forth in paragraph (1) of subdivision (a) of Section 1826, in order to determine if the conservator is acting in the best interests of the conservatee. (E) (i) If the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process and may be disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code. (ii) The conservatee shall not be disqualified from voting on the basis that the conservatee does, or would need to do, any of the following to complete an affidavit of voter registration: (I) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code. (II) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code. (III) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code. (IV) Completes the affidavit of voter registration with reasonable accommodations. (2) If the court investigator determines that the conservatee still meets the criteria for appointment of a conservator under Section 1801, the investigator shall determine if the terms of the appointment order should be modified to reduce or expand the conservator’s powers and duties to ensure that the conservatorship is the least restrictive alternative needed for the conservatee’s protection. (3) Upon request of the court investigator, the conservator shall make available to the court investigator during the investigation for inspection and copying all books and records, including receipts and any expenditures, of the conservatorship. (b) (1) The findings of the court investigator, including the facts upon which the findings are based, shall be certified in writing to the court not less than 15 days before the date of review. A copy of the report shall be delivered pursuant to Section 1215 to the conservatee, the conservator, and the attorneys of record for the conservator and conservatee at the same time it is certified to the court. A copy of the report, modified as set forth in paragraph (2), also shall be delivered pursuant to Section 1215 to the conservatee’s spouse or registered domestic partner and the conservatee’s relatives in the first degree, or, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will harm the conservatee. (2) Confidential medical information and confidential information from the California Law Enforcement Telecommunications System shall be in a separate attachment to the report and shall not be provided in copies sent to the conservatee’s spouse or registered domestic partner and the conservatee’s relatives in the first degree, or, if there are no such relatives, to the next closest relative. (c) In the case of a limited conservatee, the court investigator shall recommend whether to continue, modify, or terminate the limited conservatorship. (d) The court investigator may personally visit the conservator and any other persons necessary to determine if the conservator is acting in the best interests of the conservatee. (e) The report required by this section shall be confidential and shall be made available only to parties, persons described in subdivision (b), persons given notice of the petition who have requested the report or who have appeared in the proceeding, their attorneys, and the court. The court shall have discretion at any other time to release the report if it would serve the interests of the conservatee. The clerk of the court shall limit disclosure of the report exclusively to persons entitled to the report under this section. (f) (1) A superior court is not required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose. (2) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by the measure that added this paragraph until the Legislature makes an appropriation identified for this purpose. (Amended by Stats. 2021, Ch. 417, Sec. 10. (AB 1194) Effective January 1, 2022.) - 1851.1. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
This section requires a court investigator to promptly investigate after a provisional conservatorship order, and requires the court and investigator to complete specified review and notice steps.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1851.1. (a) When a court issues an order provisionally granting a petition under Section 2002, the investigator appointed under Section 2002 shall promptly commence an investigation under this section. (b) In conducting an investigation and preparing a report under this section, the court investigator shall do all of the following: (1) Comply with the requirements of Section 1851. (2) Conduct an interview of the conservator. (3) Conduct an interview of the conservatee’s spouse or registered domestic partner, if any. (4) Inform the conservatee of the nature, purpose, and effect of the conservatorship. (5) Inform the conservatee and all other persons entitled to notice under subdivision (b) of Section 2002 of the right to seek termination of the conservatorship. (6) Determine whether the conservatee objects to the conservator or prefers another person to act as conservator. (7) Inform the conservatee of the right to attend the hearing under subdivision (c). (8) Determine whether it appears that the conservatee is unable to attend the hearing and, if able to attend, whether the conservatee is willing to attend the hearing. (9) Inform the conservatee of the right to be represented by legal counsel if the conservatee so chooses, and to have legal counsel appointed by the court if the conservatee is unable to retain legal counsel. (10) Determine whether the conservatee wishes to be represented by legal counsel and, if so, whether the conservatee has retained legal counsel and, if not, the name of an attorney the conservatee wishes to retain. (11) If the conservatee has not retained legal counsel, determine whether the conservatee desires the court to appoint legal counsel. (12) Determine whether the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the conservatee when the conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court. (13) Consider each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821. (14) Consider, to the extent practicable, whether the investigator believes the conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the conservatee’s ability to understand and appreciate the consequences of the conservatee’s actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief. (c) The court shall review the conservatorship as provided in Section 2002. The conservatee shall attend the hearing unless the conservatee’s attendance is excused under Section 1825. The court may take appropriate action in response to the court investigator’s report under this section. (d) The court investigator’s report under this section shall be confidential as provided in Section 1851. (e) Except as provided in paragraph (2) of subdivision (a) of Section 1850, the court shall review the conservatorship again one year after the review conducted pursuant to subdivision (c), and annually thereafter, in the manner specified in Section 1850. (f) The first time that the need for a conservatorship is challenged by any interested person or raised on the court’s own motion after a transfer under Section 2002, whether in a review pursuant to this section or in a petition to terminate the conservatorship under Chapter 3 (commencing with Section 1860), the court shall presume that there is no need for a conservatorship. This presumption is rebuttable, but can only be overcome by clear and convincing evidence. The court shall make an express finding on whether continuation of the conservatorship is the least restrictive alternative needed for the protection of the conservatee. (g) (1) If a duty described in this section is the same as a duty imposed pursuant to the amendments to Sections 1826, 1850, 1851, 2250, 2253, and 2620 and the addition of Sections 2250.4 and 2250.6 enacted by Chapter 493 of the Statutes of 2006, and the addition of Section 1051 enacted by Chapter 492 of the Statutes of 2006, a superior court shall not be required to perform that duty until the Legislature makes an appropriation identified for this purpose. (2) If a duty described in this section is the same as a duty imposed pursuant to the amendments to Sections 1826, 1850, 1851, 2250, 2250.4, 2250.6, 2253, and 2620 enacted by the measure that added this paragraph, a superior court shall not be required to perform that duty until the Legislature makes an appropriation identified for this purpose. (Amended by Stats. 2021, Ch. 417, Sec. 11. (AB 1194) Effective January 1, 2022.) - 1851.2. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Each court must coordinate investigations with the filing of accountings, and investigators may review accountings before visiting conservatees if feasible.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1851.2. Each court shall coordinate investigations with the filing of accountings, so that investigators may review accountings before visiting conservatees, if feasible. (Added by Stats. 2007, Ch. 553, Sec. 10. Effective January 1, 2008.) - 1851.5. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
The court must assess each conservatee in the county for a court investigator’s investigation or review, and it may order reimbursement for the assessment amount 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 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1851.5. Each court shall assess each conservatee in the county for any investigation or review conducted by a court investigator with respect to that person. Subject to Section 68631 of the Government Code, the court may order reimbursement to the court for the amount of the assessment, unless the court finds that all or any part of the assessment would impose a hardship on conservatee or the conservatee’s estate. There shall be a rebuttable presumption that the assessment would impose a hardship if the conservatee is receiving Medi-Cal benefits. (Amended by Stats. 2014, Ch. 913, Sec. 30.5. (AB 2747) Effective January 1, 2015.) - 1851.6. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Certain interested persons may ask the court to investigate conservator abuse allegations, and the court must investigate prima facie allegations.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1851.6. (a) Any interested person, as defined in Section 48 or any person entitled to receive notice pursuant to Section 1822, if they have personal knowledge of a conservatee, may petition the court to investigate an allegation of abuse, as defined by Section 15610.07 of the Welfare and Institutions Code, of the conservatee by a conservator. The court shall investigate all such allegations that establish a prima facie case of abuse. If the court investigator has performed an investigation within the preceding six months and reported the results of that investigation to the court, the court may order, upon good cause shown, that a new investigation is not necessary or that a more limited investigation is sufficient. (b) A superior court shall not be required to perform any duties imposed pursuant to this section until the Legislature makes an appropriation identified for this purpose. (Added by Stats. 2021, Ch. 417, Sec. 12. (AB 1194) Effective January 1, 2022.) - 18510. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. )
When applying and interpreting this act, consideration must be given to promoting uniformity of the law among states that enact it.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT [18501 - 18510] ( Part 7 repealed and added by Stats. 2008, Ch. 715, Sec. 4. ) ## 18510. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.) - 1852. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
If a conservatee seeks certain conservatorship relief, or the court thinks a hearing is in the conservatee’s best interests, the court must notify the conservatee’s lawyer or appoint counsel to file the petition and represent the conservatee.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1852. If the conservatee wishes to petition the court for termination of the conservatorship or for removal of the existing conservator or for the making, modification, or revocation of a court order under Chapter 4 (commencing with Section 1870) or for restoration of the right to register to vote, or if, based on information contained in the court investigator’s report or obtained from any other source, the court determines that a trial or hearing for termination of the conservatorship or removal of the existing conservator is in the best interests of the conservatee, the court shall notify the attorney of record for the conservatee, if any, or shall appoint the public defender or private counsel under Section 1471, to file the petition and represent the conservatee at the trial or hearing and, if such appointment is made, Section 1472 applies. (Enacted by Stats. 1990, Ch. 79.) - 1853. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
If the conservatee cannot be located, the court must order notice and require the conservatee to be made available within 15 days or show cause. If that does not happen and there is no good cause, the court must terminate the conservatorship.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Periodic Review of Conservatorship [1850 - 1853] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1853. (a) If the court investigator is unable to locate the conservatee, the court shall order the court investigator to serve notice upon the conservator of the person, or upon the conservator of the estate if there is no conservator of the person, in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such other manner as is ordered by the court, to make the conservatee available for the purposes of Section 1851 to the court investigator within 15 days of the receipt of such notice or to show cause why the conservatorship should not be terminated. (b) If the conservatee is not made available within the time prescribed, unless good cause is shown for not doing so, the court shall make such a finding and shall enter judgment terminating the conservatorship and, in case of a conservatorship of the estate, shall order the conservator to file an account and to surrender the estate to the person legally entitled thereto. At the hearing, or thereafter on further notice and hearing, the conservator may be discharged and the bond given by the conservator may be exonerated upon the settlement and approval of the conservator’s final account by the court. (c) Termination of the conservatorship under this section does not preclude institution of new proceedings for the appointment of a conservator. Nothing in this section limits the power of a court to appoint a temporary conservator under Chapter 3 (commencing with Section 2250) of Part 4. (Enacted by Stats. 1990, Ch. 79.) - 1860. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
A conservatorship generally continues until the conservatee dies or the court orders termination under Section 1863.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1860. (a) A conservatorship continues until terminated by the death of the conservatee or by order of the court pursuant to Section 1863, subject to Section 2467 and Article 4 (commencing with Section 2630) of Chapter 7 of Part 4, and except as otherwise provided by law. (b) At a hearing under Section 1850 or a hearing on a petition to terminate a conservatorship under Section 1861, the court shall proceed as provided in Section 1863. (c) If a conservatorship is established for the person of a married minor, the conservatorship does not terminate automatically if the marriage is dissolved or is adjudged a nullity. (d) This section does not apply to limited conservatorships. (e) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by the measure that added this subdivision until the Legislature makes an appropriation identified for this purpose. (Amended by Stats. 2021, Ch. 417, Sec. 13. (AB 1194) Effective January 1, 2022.) - 1860.5. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
This section sets out how a limited conservatorship can be terminated, who may file for termination, and when the court must or may act.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1860.5. (a) A limited conservatorship continues until the authority of the conservator is terminated by one of the following: (1) The death of the limited conservator. (2) The death of the limited conservatee. (3) An order appointing a conservator of the former limited conservatee. (4) An order of the court terminating the limited conservatorship. (b) A petition for the termination of a limited conservatorship may be filed by any of the following: (1) The limited conservator. (2) The limited conservatee. (3) Any relative or friend of the limited conservatee. (c) The petition shall state facts showing that the limited conservatorship is no longer required. (d) Notice of a hearing pursuant to Section 1850.5 or on a petition filed pursuant to this section shall be given to the same persons and in the same manner as provided for a petition for the appointment of a limited conservator. (1) If a petition is filed and the limited conservator is not the petitioner, or has not joined in the petition, the limited conservator shall be served with a notice of the time and place of the hearing accompanied by a copy of the petition at least five days prior to the hearing. This service shall be made in the same manner provided for in Section 415.10 or 415.30 of the Code of Civil Procedure or in another manner authorized by the court. If the limited conservator cannot, with reasonable diligence, be so served with notice, the court may dispense with notice. (2) If the court sets a hearing pursuant to Section 1850.5 to consider termination of a limited conservatorship and no petition is filed, the court shall order the limited conservator to give notice of the hearing as provided in this subdivision and to appear at the hearing and show cause why the limited conservatorship should not be terminated. (e) (1) The limited conservatee shall be produced at the hearing except in the following cases: (A) When the limited conservatee is out of the state and is not the petitioner. (B) When the limited conservatee is unable to attend the hearing by reason of medical inability. (C) When the court investigator has reported to the court that the limited conservatee has expressly communicated that the limited conservatee (i) is not willing to attend the hearing, (ii) does not wish to contest the continuation of the limited conservatorship, and (iii) does not object to the current limited conservator or prefer that another person act as limited conservator, and the court makes an order that the limited conservatee need not attend the hearing. (2) If the limited conservatee is unable to attend the hearing because of medical inability, that inability shall be established by the affidavit or certificate of a licensed medical practitioner or, if the conservatee is an adherent of a religion whose tenets and practices call for reliance on prayer alone for healing and is under treatment by an accredited practitioner of that religion, by the affidavit of the practitioner. The affidavit or certificate is evidence only of the limited conservatee’s inability to attend the hearing and shall not be considered in determining the issue of need for the continuation of the limited conservatorship. (3) Emotional or psychological instability is not good cause for the absence of the conservatee from the hearing unless, by reason of that instability, attendance at the hearing is likely to cause serious and immediate physiological damage to the conservatee. (f) The limited conservator or any relative or friend of the limited conservatee may appear and support or oppose termination of the limited conservatorship. The court shall hear and determine the matter according to the laws and procedures relating to the trial of civil actions, including trial by jury if demanded. If the court terminates the limited conservatorship, the limited conservator may, either at the hearing or thereafter on further notice and hearing, be discharged and the bond exonerated upon the settlement and approval of the final account by the court. (g) (1) The court shall order the termination of the limited conservatorship unless the court finds, on the record and by clear and convincing evidence, that the limited conservatee still meets the criteria for appointment of a limited conservator under Section 1801 and a limited conservatorship remains the least restrictive alternative needed for the limited conservatee’s protection. (2) If the petition for termination is uncontested and states facts showing that both the limited conservator and limited conservatee wish to terminate the limited conservatorship, and the conservatorship is no longer the least restrictive alternative for the limited conservatee’s protection, the court may terminate the limited conservatorship without an evidentiary hearing. (h) If the court determines, by clear and convincing evidence, that the limited conservatee meets the criteria for appointment of a limited conservator under Section 1801, the court shall determine whether to modify the powers granted to the limited conservator to ensure that the limited conservatorship remains the least restrictive alternative needed for the limited conservatee’s protection. If the court modifies any powers granted to the limited conservator, new letters shall issue. (Amended by Stats. 2022, Ch. 894, Sec. 12. (AB 1663) Effective January 1, 2023.) - 1861. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Certain people may file a petition to end a conservatorship, and the petition must state facts showing the conservatorship is no longer required.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1861. (a) A petition for the termination of the conservatorship may be filed by any of the following: (1) The conservator. (2) The conservatee. (3) The spouse, or domestic partner, or any relative or friend of the conservatee or other interested person. (b) The petition shall state facts showing that the conservatorship is no longer required. (Amended by Stats. 2001, Ch. 893, Sec. 21. Effective January 1, 2002.) - 1861.5. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
If a conservatee asks to end the conservatorship, the court must appoint counsel and set a termination hearing if one of two conditions is met.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1861.5. Upon the receipt of a communication from the conservatee that the conservatee wishes to terminate the conservatorship, a court shall appoint counsel for the conservatee and set a hearing for the termination of the conservatorship when either of the following conditions apply: (a) There has not been a hearing for the termination of the conservatorship within the 12 months preceding the communication from the conservatee. (b) The court believes there is good cause to set a hearing for the termination of the conservatorship. (Added by Stats. 2022, Ch. 894, Sec. 13. (AB 1663) Effective January 1, 2023.) - 1862. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
When a conservatorship termination hearing is set, notice must be given in the way this provision points to, and if no petition is filed the court must order the conservator to give notice and appear at the hearing to explain why the conservatorship should continue.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1862. (a) Notice of the hearing to consider the termination of the conservatorship shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (b) If the court sets a hearing pursuant to paragraph (2) of subdivision (a) of Section 1850 and no petition is filed, the court shall order the conservator to give notice of the hearing as provided in subdivision (a), and to appear at the hearing and show cause why the conservatorship should not be terminated. (Amended by Stats. 2021, Ch. 417, Sec. 15. (AB 1194) Effective January 1, 2022.) - 1863. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
This section sets the hearing rules for terminating a conservatorship and explains when the court must end it, continue it, or may end it without an evidentiary hearing.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1863. (a) The court shall hear and determine the matter according to the law and procedure relating to the trial of civil actions, including trial by jury if demanded by the conservatee. The conservator, the conservatee, the spouse or domestic partner, or any relative or friend of the conservatee or other interested person may appear and support or oppose the termination of the conservatorship. (b) (1) The conservatee shall be produced at the hearing except in the following cases: (A) When the conservatee is out of the state and is not the petitioner. (B) When the conservatee is unable to attend the hearing by reason of medical inability. (C) When the court investigator has reported to the court that the conservatee has expressly communicated that the conservatee (i) is not willing to attend the hearing, (ii) does not wish to contest the continuation of the conservatorship, and (iii) does not object to the current conservator or prefer that another person act as conservator, and the court makes an order that the conservatee need not attend the hearing. (2) If the conservatee is unable to attend the hearing because of medical inability, that inability shall be established by the affidavit or certificate of a licensed medical practitioner or, if the conservatee is an adherent of a religion whose tenets and practices call for reliance on prayer alone for healing and is under treatment by an accredited practitioner of that religion, by the affidavit of the practitioner. The affidavit or certificate is evidence only of the conservatee’s inability to attend the hearing and shall not be considered in determining the issue of need for the continuation of the conservatorship. (3) Emotional or psychological instability is not good cause for the absence of the conservatee from the hearing unless, by reason of that instability, attendance at the hearing is likely to cause serious and immediate physiological damage to the conservatee. (c) Unless the court determines, on the record and by clear and convincing evidence, that (1) the conservatee still meets the criteria for appointment of a conservator of the person under subdivision (a) of Section 1801, a conservator of the estate under subdivision (b) of Section 1801, or both; and (2) a conservatorship remains the least restrictive alternative needed for the conservatee’s protection, as required by subdivision (b) of Section 1800.3, the court shall enter judgment terminating the conservatorship. (d) If the court determines, by clear and convincing evidence, that the conservatee meets the criteria for appointment of a conservator of the person under subdivision (a) of Section 1801, a conservator of the estate under subdivision (b) of Section 1801, or both, the court shall determine whether to modify the existing powers of the conservator to ensure that the conservatorship remains the least restrictive alternative needed for the conservatee’s protection and shall order the conservatorship to continue accordingly. If the court modifies the existing powers of the conservator, new letters shall issue. (e) At the hearing, or thereafter on further notice and hearing, the conservator may be discharged and the bond given by the conservator may be exonerated upon the settlement and approval of the conservator’s final account by the court. (f) This section does not apply to limited conservatorships. (g) Termination of conservatorship does not preclude a new proceeding for appointment of a conservator on the same or other grounds. (h) If a petition for termination pursuant to Section 1861 is uncontested and states facts showing that both the conservator and conservatee wish to terminate the conservatorship and the conservatorship is no longer the least restrictive alternative for the conservatee’s protection, the court may terminate the conservatorship without an evidentiary hearing. (Amended by Stats. 2022, Ch. 894, Sec. 14. (AB 1663) Effective January 1, 2023.) - 1864. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
For an absentee conservatorship, certain government officers or agencies may file the termination petition, and the court must terminate the conservatorship if the stated conditions are met.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1864. (a) In the case of the conservatorship of an absentee as defined in Section 1403, the petition to terminate the conservatorship may also be filed by any officer or agency of this state or of the United States or the authorized delegate thereof. (b) If the petition states and the court determines that the absentee has returned to the controllable jurisdiction of the military department or civilian department or agency concerned, or is deceased, as determined under 37 United States Code, Section 556, or 5 United States Code, Section 5566, as the case may be, the court shall order the conservatorship terminated. An official written report or record of such military department or civilian department or agency that the absentee has returned to such controllable jurisdiction or is deceased shall be received as evidence of such fact. (Enacted by Stats. 1990, Ch. 79.) - 1865. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
When a conservatorship ends, the court must notify the county elections official if the conservatee had been disqualified from voting, and the notice must state that the person’s right to register to vote is restored.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Termination [1860 - 1865] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1865. If the conservatee has been disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code, upon termination of the conservatorship, the court shall notify the county elections official of the county of residence of the former conservatee that the former conservatee’s right to register to vote is restored. (Amended by Stats. 2002, Ch. 221, Sec. 80. Effective January 1, 2003.) - 1870. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate [1870 - 1876] ( Article 1 enacted by Stats. 1990, Ch. 79. )
In this article, “transaction” includes contracts, sales, transfers, conveyances, debts, encumbrances, gifts, delegated powers, and waivers of rights.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate [1870 - 1876] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1870. As used in this article, unless the context otherwise requires, “transaction” includes, but is not limited to, making a contract, sale, transfer, or conveyance, incurring a debt or encumbering property, making a gift, delegating a power, and waiving a right. (Enacted by Stats. 1990, Ch. 79.) - 1871. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate [1870 - 1876] ( Article 1 enacted by Stats. 1990, Ch. 79. )
A conservatee keeps specified rights to control certain money, make a will, and enter reasonable transactions for basic living needs.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate [1870 - 1876] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1871. Nothing in this article shall be construed to deny a conservatee any of the following: (a) The right to control an allowance provided under Section 2421. (b) The right to control wages or salary to the extent provided in Section 2601. (c) The right to make a will. (d) The right to enter into transactions to the extent reasonable to provide the necessaries of life to the conservatee and the spouse and minor children of the conservatee and to provide the basic living expenses, as defined in Section 297 of the Family Code, to the domestic partner of the conservatee. (Amended by Stats. 2001, Ch. 893, Sec. 23. Effective January 1, 2002.) - 1872. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate [1870 - 1876] ( Article 1 enacted by Stats. 1990, Ch. 79. )
An appointment of a conservator of the estate means the conservatee lacks legal capacity to make transactions that bind or obligate the conservatorship estate, except as otherwise provided in this article.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate [1870 - 1876] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1872. (a) Except as otherwise provided in this article, the appointment of a conservator of the estate is an adjudication that the conservatee lacks the legal capacity to enter into or make any transaction that binds or obligates the conservatorship estate. (b) Except as otherwise provided in the order of the court appointing a limited conservator, the appointment does not limit the legal capacity of the limited conservatee to enter into transactions or types of transactions. (Enacted by Stats. 1990, Ch. 79.) - 1873. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate [1870 - 1876] ( Article 1 enacted by Stats. 1990, Ch. 79. )
A court may authorize a conservatee to enter transactions, and may limit, condition, modify, or time-limit that authority.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate [1870 - 1876] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1873. (a) In the order appointing the conservator or upon a petition filed under Section 1874, the court may, by order, authorize the conservatee, subject to Section 1876, to enter into transactions or types of transactions as may be appropriate in the circumstances of the particular conservatee and conservatorship estate. The court, by order, may modify the legal capacity a conservatee would otherwise have under Section 1872 by broadening or restricting the power of the conservatee to enter into transactions or types of transactions as may be appropriate in the circumstances of the particular conservatee and conservatorship estate. (b) In an order made under this section, the court may include limitations or conditions on the exercise of the authority granted to the conservatee as the court determines to be appropriate including, but not limited to, the following: (1) A requirement that for specific types of transactions or for all transactions authorized by the order, the conservatee obtain prior approval of the transaction by the court or conservator before exercising the authority granted by the order. (2) A provision that the conservator has the right to avoid any transaction made by the conservatee pursuant to the authority of the order if the transaction is not one into which a reasonably prudent person might enter. (c) The court, in its discretion, may provide in the order that, unless extended by subsequent order of the court, the order or specific provisions of the order terminate at a time specified in the order. (d) An order under this section continues in effect until the earliest of the following times: (1) The time specified in the order, if any. (2) The time the order is modified or revoked. (3) The time the conservatorship of the estate is terminated. (e) An order under this section may be modified or revoked upon petition filed by the conservator, conservatee, the spouse or domestic partner of the conservatee, or any relative or friend of the conservatee, or any interested person. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (Amended by Stats. 2001, Ch. 893, Sec. 24. Effective January 1, 2002.) - 1874. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate [1870 - 1876] ( Article 1 enacted by Stats. 1990, Ch. 79. )
After a conservator is appointed, certain people may file a petition for an order under Section 1873, and notice of the hearing must be given as provided by Chapter 3.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate [1870 - 1876] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1874. (a) After a conservator has been appointed, a petition requesting an order under Section 1873 may be filed by any of the following: (1) The conservator. (2) The conservatee. (3) The spouse, domestic partner, or any relative or friend of the conservatee. (b) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (Amended by Stats. 2001, Ch. 893, Sec. 25. Effective January 1, 2002.) - 1875. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate [1870 - 1876] ( Article 1 enacted by Stats. 1990, Ch. 79. )
A real-property transaction involving a conservatorship estate is generally not affected if the buyer acted in good faith, gave value, and did not know of the conservatorship, unless a notice was recorded before the transaction in the county where the property is located.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate [1870 - 1876] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1875. A transaction that affects real property of the conservatorship estate, entered into by a person acting in good faith and for a valuable consideration and without knowledge of the establishment of the conservatorship, is not affected by any provision of this article or any order made under this article unless a notice of the establishment of the conservatorship or temporary conservatorship has been recorded prior to the transaction in the county in which the property is located. (Amended by Stats. 1991, Ch. 82, Sec. 20. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.) - 1876. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate [1870 - 1876] ( Article 1 enacted by Stats. 1990, Ch. 79. )
This section says the article’s rules on a conservatee’s capacity to bind the conservatorship estate do not replace general legal and equitable principles; those principles still apply alongside the article and any court order broadening capacity.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Capacity to Bind or Obligate Conservatorship Estate [1870 - 1876] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 1876. The provisions of this article relating to the legal capacity of a conservatee to bind or obligate the conservatorship estate, and the provisions of any order of the court broadening such capacity, do not displace but are supplemented by general principles of law and equity relating to transactions including, but not limited to, capacity to contract, joinder or consent requirements, estoppel, fraud, misrepresentation, duress, coercion, mistake, or other validating or invalidating cause. (Enacted by Stats. 1990, Ch. 79.) - 1880. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. )
If the court finds the conservatee cannot give informed consent for any medical treatment, it must declare that lack of capacity and give the conservator of the person the powers listed in Section 2355.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1880. If the court determines that there is no form of medical treatment for which the conservatee has the capacity to give an informed consent, the court shall (1) adjudge that the conservatee lacks the capacity to give informed consent for medical treatment and (2) by order give the conservator of the person the powers specified in Section 2355. If an order is made under this section, the letters shall include a statement that the conservator has the powers specified in Section 2355. (Enacted by Stats. 1990, Ch. 79.) - 1881. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. )
This section sets when a conservatee is deemed unable to give informed consent for medical treatment and requires a court to make specific findings before making that determination, with one exception for certain no-objection or waiver cases.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1881. (a) A conservatee shall be deemed unable to give informed consent to any form of medical treatment pursuant to Section 1880 if, for all medical treatments, the conservatee is unable to respond knowingly and intelligently to queries about medical treatment or is unable to participate in a treatment decision by means of a rational thought process. (b) In order for a court to determine that a conservatee is unable to respond knowingly and intelligently to queries about his or her medical treatment or is unable to participate in treatment decisions by means of a rational thought process, a court shall do both of the following: (1) Determine that, for all medical treatments, the conservatee is unable to understand at least one of the following items of minimum basic medical treatment information: (A) The nature and seriousness of any illness, disorder, or defect that the conservatee has or may develop. (B) The nature of any medical treatment that is being or may be recommended by the conservatee’s health care providers. (C) The probable degree and duration of any benefits and risks of any medical intervention that is being or may be recommended by the conservatee’s health care providers, and the consequences of lack of treatment. (D) The nature, risks, and benefits of any reasonable alternatives. (2) Determine that one or more of the mental functions of the conservatee described in subdivision (a) of Section 811 is impaired and that there is a link between the deficit or deficits and the conservatee’s inability to give informed consent. (c) A deficit in the mental functions listed in subdivision (a) of Section 811 may be considered only if the deficit by itself, or in combination with one or more other mental function deficits, significantly impairs the conservatee’s ability to understand the consequences of his or her decisions regarding medical care. (d) In determining whether a conservatee’s mental functioning is so severely impaired that the conservatee lacks the capacity to give informed consent to any form of medical treatment, the court may take into consideration the frequency, severity, and duration of periods of impairment. (e) In the interest of minimizing unnecessary expense to the parties to a proceeding, paragraph (2) of subdivision (b) shall not apply to a petition pursuant to Section 1880 wherein the conservatee, after notice by the court of his or her right to object which, at least, shall include an interview by a court investigator pursuant to Section 1826 prior to the hearing on the petition, does not object to the proposed finding of incapacity, or waives any objections. (Amended by Stats. 1996, Ch. 178, Sec. 8. Effective January 1, 1997.) - 1890. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. )
The court may issue or include a Section 1880 medical-consent order only if the section’s petition, notice, hearing, and declaration 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 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1890. (a) An order of the court under Section 1880 may be included in the order of appointment of the conservator if the order was requested in the petition for the appointment of the conservator or the transfer petition under Section 2002 or, except in the case of a limited conservator, may be made subsequently upon a petition made, noticed, and heard by the court in the manner provided in this article. (b) In the case of a petition filed under this chapter requesting that the court make an order under this chapter or that the court modify or revoke an order made under this chapter, when the order applies to a limited conservatee, the order may only be made upon a petition made, noticed, and heard by the court in the manner provided by Article 3 (commencing with Section 1820) of Chapter 1. (c) No court order under Section 1880, whether issued as part of an order granting the original petition for appointment of a conservator or issued subsequent thereto, may be granted unless supported by a declaration, filed at or before the hearing on the request, executed by a licensed physician, or a licensed psychologist within the scope of his or her licensure, and stating that the proposed conservatee or the conservatee, as the case may be, lacks the capacity to give an informed consent for any form of medical treatment and the reasons therefor. Nothing in this section shall be construed to expand the scope of practice of psychologists as set forth in the Business and Professions Code. (Amended by Stats. 2014, Ch. 553, Sec. 19. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1891. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. )
This section says who may file a petition asking the court to make, change, or revoke a Section 1880 order, and what the petition must include.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1891. (a) A petition may be filed under this article requesting that the court make an order under Section 1880 or that the court modify or revoke an order made under Section 1880. The petition shall state facts showing that the order requested is appropriate. (b) The petition may be filed by any of the following: (1) The conservator. (2) The conservatee. (3) The spouse, domestic partner, or any relative or friend of the conservatee. (c) The petition shall set forth, so far as they are known to the petitioner, the names and addresses of the spouse or domestic partner and of the relatives of the conservatee within the second degree. (Amended by Stats. 2001, Ch. 893, Sec. 26. Effective January 1, 2002.) - 1892. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Notice of the hearing on the petition must be given as required by Chapter 3 of Part 1, starting with Section 1460.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1892. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (Enacted by Stats. 1990, Ch. 79.) - 1893. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. )
The conservatee must be brought to the hearing unless one of several stated exceptions applies.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1893. The conservatee shall be produced at the hearing except in the following cases: (a) Where the conservatee is out of state when served and is not the petitioner. (b) Where the conservatee is unable to attend the hearing by reason of medical inability established (1) by the affidavit or certificate of a licensed medical practitioner or (2) if the conservatee is an adherent of a religion whose tenets and practices call for reliance on prayer alone for healing and is under treatment by an accredited practitioner of that religion, by the affidavit of the practitioner. The affidavit or certificate is evidence only of the conservatee’s inability to attend the hearing and shall not be considered in determining the issue of the legal capacity of the conservatee. Emotional or psychological instability is not good cause for the absence of the conservatee from the hearing unless, by reason of such instability, attendance at the hearing is likely to cause serious and immediate physiological damage to the conservatee. (c) Where the court investigator has reported to the court that the conservatee has expressly communicated that the conservatee (1) is not willing to attend the hearing and (2) does not wish to contest the petition, and the court makes an order that the conservatee need not attend the hearing. (Enacted by Stats. 1990, Ch. 79.) - 1894. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. )
If the conservatee cannot or will not attend the hearing, the court investigator must interview and inform the conservatee, check key facts, and report to the court at least five days before the hearing.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1894. If the petition alleges that the conservatee is not willing to attend the hearing or upon receipt of an affidavit or certificate attesting to the medical inability of the conservatee to attend the hearing, the court investigator shall do all of the following: (a) Interview the conservatee personally. (b) Inform the conservatee of the contents of the petition, of the nature, purpose, and effect of the proceeding, and of the right of the conservatee to oppose the petition, attend the hearing, be represented by legal counsel, and to have legal counsel appointed by the court if not otherwise represented by legal counsel. (c) Determine whether it appears that the conservatee is unable to attend the hearing and, if able to attend, whether the conservatee is willing to attend the hearing. (d) Determine whether the conservatee wishes to contest the petition. (e) Determine whether the conservatee wishes to be represented by legal counsel and, if so, whether the conservatee has retained legal counsel and, if not, whether the conservatee plans to retain legal counsel. (f) Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the conservatee’s express communications concerning both (1) representation by legal counsel and (2) whether the conservatee is not willing to attend the hearing and does not wish to contest the petition. (Amended by Stats. 2022, Ch. 420, Sec. 37. (AB 2960) Effective January 1, 2023.) - 1895. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Before granting a petition, the court must inform the conservatee about the proceeding and the requested order, and then consult the conservatee’s views, unless a Section 1893 exception applies.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1895. (a) The conservatee, the spouse, the domestic partner, a relative, or a friend of the conservatee, the conservator, or any other interested person may appear at the hearing to support or oppose the petition. (b) Except where the conservatee is absent from the hearing and is not required to attend the hearing under the provisions of Section 1893 and any showing required by Section 1893 has been made, the court shall inform, before granting the petition, the conservatee of all of the following: (1) The nature and purpose of the proceeding. (2) The nature and effect on the conservatee’s basic rights of the order requested. (3) The conservatee has the right to oppose the petition, to be represented by legal counsel if the conservatee so chooses, and to have legal counsel appointed by the court if not otherwise represented by legal counsel. (c) After the court informs the conservatee of the matters listed in subdivision (b) and before granting the petition, the court shall consult the conservatee to determine the conservatee’s opinion concerning the order requested in the petition. (Amended by Stats. 2022, Ch. 420, Sec. 38. (AB 2960) Effective January 1, 2023.) - 1896. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. )
If the court finds the requested petition order proper, it must make the order. The court may also set a time when the order, or parts of it, end unless later extended.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1896. (a) If the court determines that the order requested in the petition is proper, the court shall make the order. (b) The court, in its discretion, may provide in the order that, unless extended by subsequent order of the court, the order or specific provisions of the order terminate at a time specified in the order. (Enacted by Stats. 1990, Ch. 79.) - 1897. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. )
A court order under Section 1880 remains in effect until the earliest specified time, its modification or revocation, or termination of the conservatorship.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1897. An order of the court under Section 1880 continues in effect until the earliest of the following times: (1) The time specified in the order, if any. (2) The time the order is modified or revoked. (3) The time the conservatorship is terminated. (Enacted by Stats. 1990, Ch. 79.) - 1898. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. )
A court order under Section 1880 may be changed or canceled if a petition is filed, noticed, and heard under this article.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Capacity to Give Informed Consent for Medical Treatment [1880 - 1898] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 1898. An order of the court under Section 1880 may be modified or revoked upon a petition made, noticed, and heard by the court in the manner provided in this article. (Enacted by Stats. 1990, Ch. 79.) - 1900. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Capacity of Conservatee to Marry [1900 - 1901] ( Article 3 enacted by Stats. 1990, Ch. 79. )
A conservatorship appointment does not change the conservatee’s capacity to marry or enter into a registered domestic partnership.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Capacity of Conservatee to Marry [1900 - 1901] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1900. The appointment of a conservator of the person or estate or both does not affect the capacity of the conservatee to marry or to enter into a registered domestic partnership. (Amended by Stats. 2005, Ch. 418, Sec. 26. Effective January 1, 2006.) - 19000. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. )
This section defines key terms used in this part, including “claim,” “creditor,” “trust,” “deceased settlor,” “debts,” “probate estate,” and “trust estate.”
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19000. As used in this part: (a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated: (1) Liability of the deceased settlor, whether arising in contract, tort, or otherwise. (2) Liability for taxes incurred before the deceased settlor’s death, whether assessed before or after the deceased settlor’s death, other than property taxes and assessments secured by real property liens. (3) Liability for the funeral expenses of the deceased settlor. (b) “Claim” does not include a dispute regarding title to specific property alleged to be included in the trust estate. (c) “Creditor” means a person who may have a claim against the trust property. (d) “Trust” means a trust described in Section 18200, or, if a portion of a trust, that portion that remained subject to the power of revocation at the deceased settlor’s death. (e) “Deceased settlor” means a deceased person who, at the time of his or her death, held the power to revoke the trust in whole or in part. (f) “Debts” means all claims, as defined in subdivision (a), all expenses of administration, and all other proper charges against the trust estate, including taxes. (g) “Probate estate” means a decedent’s estate subject to administration pursuant to Division 7 (commencing with Section 7000). (h) “Trust estate” means a decedent’s property, real and personal, that is titled in the name of the trustee of the deceased settlor’s trust or confirmed by order of the court to the trustee of the deceased settlor’s trust. (Amended by Stats. 2015, Ch. 48, Sec. 1. (SB 785) Effective January 1, 2016.) - 19001. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. )
A deceased settlor may direct the order in which trust assets pay debts, but cannot change the priority for the Section 11420 matters. The trust property is also used for probate claims and administration expenses when the probate estate is not enough.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19001. (a) Upon the death of a settlor, the property of the deceased settlor that was subject to the power of revocation at the time of the settlor’s death is subject to the claims of creditors of the deceased settlor’s probate estate and to the expenses of administration of the probate estate to the extent that the deceased settlor’s probate estate is inadequate to satisfy those claims and expenses. (b) The deceased settlor, by appropriate direction in the trust instrument, may direct the priority of sources of payment of debts among subtrusts or other gifts established by the trust at the deceased settlor’s death. Notwithstanding this subdivision, no direction by the settlor shall alter the priority of payment, from whatever source, of the matters set forth in Section 11420 which shall be applied to the trust as it applies to a probate estate. (Amended by Stats. 2015, Ch. 48, Sec. 2. (SB 785) Effective January 1, 2016.) - 19002. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. )
This section says the part does not affect a creditor’s right to recover from a revocable trust of a deceased settlor, except as expressly provided.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19002. (a) Except as expressly provided, this part shall not be construed to affect the right of any creditor to recover from any revocable trust established by the deceased settlor. (b) Nothing in this part shall be construed as a construction or alteration of any claims procedure set forth under Part 4 (commencing with Section 9000) of Division 7. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19003. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. )
A trustee may file a proposed notice to creditors after the settlor dies, and must publish and serve the notice after the court assigns a proceeding number.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19003. (a) At any time following the death of the settlor, and during the time that there has been no filing of a petition to administer the probate estate of the deceased settlor in this state of which the trustee has actual knowledge, the trustee may file with the court a proposed notice to creditors. Upon the court’s assignment of a proceeding number to the proposed notice, the trustee shall publish and serve notice to creditors of the deceased settlor in the form and within the time prescribed in Chapters 3 (commencing with Section 19040) and 4 (commencing with Section 19050). That action shall constitute notice to creditors of the requirements of this part. (b) The filing shall be made with the superior court for the county in this state where the deceased settlor resided at the time of death, or if none, in any county in this state in which trust property was located at the time of the settlor’s death, or if none, in the county in this state that was the principal place of administration of the trust at the time of the settlor’s death. (c) Nothing in subdivision (a) affects a notice or request to a public entity required by Chapter 7 (commencing with Section 19200). (Amended by Stats. 2015, Ch. 48, Sec. 3. (SB 785) Effective January 1, 2016.) - 19004. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. )
If the trustee gives the Section 19003 notice, claims against the trust must be filed in the required manner and time, or they may be barred and cannot be litigated against the trust first.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19004. If the trustee files, publishes, and serves notice as set forth in Section 19003, then: (a) All claims against the trust shall be filed in the manner and within the time provided in this part. (b) A claim that is not filed as provided in this part is barred from collection from trust assets. (c) The holder of a claim may not maintain an action on the claim against the trust unless the claim is first filed as provided in this part. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19005. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. )
A trustee may pay, reject, contest, or settle claims against a deceased settlor’s trust, and may file a petition to settle a claim.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19005. The trustee may at any time pay, reject, or contest any claim against the deceased settlor or settle any claim by compromise, arbitration, or otherwise. The trustee may also file a petition in the manner set forth in Chapter 2 (commencing with Section 19020) to settle any claim. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19006. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. )
This section extends creditor protection to related trusts and their trustees/beneficiaries when required notices are filed and served, and gives the trustee a collection right in certain probate proceedings.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19006. (a) If a trustee of a trust established by the deceased settlor files, publishes, and serves notice as provided in Section 19003 the protection from creditors afforded that trustee and trust shall also be afforded to any other trusts established by the deceased settlor and the trustees and beneficiaries of those trusts. (b) If the personal representative of the deceased settlor’s probate estate has published notice under Section 8120 and given notice of administration of the probate estate of the deceased settlor under Chapter 2 (commencing with Section 9050) of Part 4 of Division 7, the protection from creditors afforded the personal representative of the deceased settlor’s probate estate shall be afforded to the trustee and to the beneficiaries of the trust. (c) In the event that, following the filing and publication of the notice set forth in Section 19003, there shall be commenced any proceeding under which a notice pursuant to Section 8120 is required to be published, then the trustee shall have a right of collection against that probate estate to recover the amount of any debts paid from trust assets that would otherwise have been satisfied (whether by law or by direction in the deceased settlor’s will or trust) by the property subject to probate proceedings. (Amended by Stats. 2015, Ch. 48, Sec. 4. (SB 785) Effective January 1, 2016.) - 19007. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. )
This section says the part does not decide liability between one trust of the deceased settlor and another trust of that settlor, except in a later notice-and-determination process.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19007. Nothing in this part shall determine the liability of any trust established by the deceased settlor as against any other trust established by that settlor, except to the extent that the trustee of the other trust shall file, publish, and serve the notice specified in Section 19003 and thereafter seek a determination of relative liability pursuant to Chapter 2 (commencing with Section 19020). (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19008. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. )
If there is no probate proceeding and the trustee does not give creditor notice, the trust’s liability to the deceased settlor’s creditors is whatever other law provides.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19008. If there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee does not file a proposed notice to creditors pursuant to Section 19003 and does not publish notice to creditors pursuant to Chapter 3 (commencing with Section 19040), then the liability of the trust to any creditor of the deceased settlor shall be as otherwise provided by law. (Amended by Stats. 2015, Ch. 48, Sec. 5. (SB 785) Effective January 1, 2016.) - 19009. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. )
This section says the part cannot be used to require or allow disclosure of a trust’s existence or its provisions to a creditor or beneficiary, unless that person is otherwise entitled to the information.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19009. Nothing in this part shall be construed to permit or require disclosure of the existence of the trust or the contents of any of its provisions to any creditor or beneficiary except as that creditor or beneficiary may otherwise be entitled to that information. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 1901. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Capacity of Conservatee to Marry [1900 - 1901] ( Article 3 enacted by Stats. 1990, Ch. 79. )
The court may decide by order whether a conservatee can enter a valid marriage or registered domestic partnership. Certain people may file the petition, and notice of the hearing must be given as required by the referenced procedure.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Legal Capacity of Conservatee [1870 - 1901] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Capacity of Conservatee to Marry [1900 - 1901] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 1901. (a) The court may by order determine whether the conservatee has the capacity to enter into a valid marriage, as provided in Part 1 (commencing with Section 300) of Division 3 of the Family Code, or to enter into a registered domestic partnership, as provided in Section 297 of the Family Code, at the time the order is made. (b) A petition for an order under this section may be filed by the conservator of the person or estate or both, the conservatee, any relative or friend of the conservatee, or any interested person. (c) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (Amended by Stats. 2005, Ch. 418, Sec. 27. Effective January 1, 2006.) - 19010. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. )
The trustee has no duty under this part to start the Section 19003 notice proceeding, and is not liable for failing to start it.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19010. Nothing in this part imposes any duty on the trustee to initiate the notice proceeding set forth in Section 19003, and the trustee is not liable for failure to initiate the proceeding under this part. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19011. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. )
The Judicial Council may set the required forms for petitions, notices, claim forms, and allowance or rejection forms, and a claim form must tell the creditor to file the claim with the court and deliver a copy to the trustee.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19011. (a) The Judicial Council may prescribe the form and contents of the petition, notice, claim form, and allowance or rejection form to be used pursuant to this part. The allowance or rejection form may be part of the claim form. (b) Any claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the trustee. The claim form shall include a proof of delivery of a copy of the claim to the trustee, which may be completed by the claimant. (Amended by Stats. 2017, Ch. 319, Sec. 99. (AB 976) Effective January 1, 2018.) - 19012. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. )
This section says Part 8 applies to claims against deceased settlors who die on or after January 1, 1992.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 1. General Provisions [19000 - 19012] ( Chapter 1 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19012. (a) This part applies to claims against any deceased settlor who dies on or after January 1, 1992. (b) The applicable law in effect before January 1, 1992, continues to apply to claims against any deceased settlor who dies before January 1, 1992. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19020. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. )
After notice is filed and published, and the claim period has expired, a trustee or beneficiary may ask the court to approve settlement-related actions for certain claims.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19020. At any time after the filing and first publication of notice pursuant to Chapter 3 (commencing with Section 19040), and after expiration of the time to file claims provided in that chapter, a trustee or beneficiary may petition the court under this chapter to approve either of the following: (a) Allowance, compromise, or settlement of any claims that have not been rejected by the trustee under the procedure provided in this part and for which trust property may be liable. (b) An allocation of any amounts due by reason of an action described in subdivision (a) to two or more trusts which may be liable for the claims. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19021. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. )
A petition must be filed in the county determined under Section 19003, and in a multi-trust allocation case the court in the county prescribed for the initiating trustee has jurisdiction.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19021. The petition shall be filed in that county as may be determined pursuant to Section 19003. In the event this action seeks approval of allocation to two or more trusts for which the notice proceeding in Section 19003 would prescribe superior courts for more than one county, the court located in the county so prescribed for the trustee initiating the proceeding under this chapter shall have jurisdiction. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19022. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. )
A proceeding under this chapter starts with a verified petition, and the petition must include specified trust, creditor, claim, and beneficiary information.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19022. (a) A proceeding under this chapter is commenced by filing a verified petition stating facts showing that the petition is authorized under this chapter and the grounds of the petition. (b) The petition shall set forth a description of the trust and the names of creditors with respect to which action is requested and a description of each claim, together with the requested determination by the court with respect to the claims, provided, however, that this section does not require the filing of a copy of the trust or disclosure of the beneficial interests of the trust. That petition shall also set forth the beneficiaries of the trust, those claimants whose interest in the trust may be affected by the petition, and the trustees of any other trust to which an allocation of liability may be approved by the court pursuant to the petition. (c) The clerk shall set the matter for hearing. (Amended by Stats. 2007, Ch. 159, Sec. 10. Effective January 1, 2008.) - 19023. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. )
The petitioner must serve notice of the hearing and a copy of the petition on affected creditors at least 30 days before the hearing.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19023. At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on each of the creditors whose interests in the estate may be affected by the petition in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2007, Ch. 159, Sec. 11. Effective January 1, 2008.) - 19024. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. )
The petitioner must give notice of the hearing and a copy of the petition to specified people at least 30 days before the hearing.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19024. At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who is not a petitioner: (a) All trustees of the trust and of any other trusts to which an allocation of liability may be approved by the court pursuant to the petition. (b) All beneficiaries affected. (c) The personal representative of the deceased settlor’s probate estate, if any is known to the trustee. (d) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice. (Amended by Stats. 2017, Ch. 319, Sec. 100. (AB 976) Effective January 1, 2018.) - 19025. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. )
If a creditor, beneficiary, or trustee does not timely file a written pleading after notice, that person cannot participate further in the proceeding and will be bound by the decision.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19025. (a) If any creditor, beneficiary, or trustee fails timely to file a written pleading upon notice, then the case is at issue, notwithstanding the failure. The case may proceed on the petition and written statements filed by the time of the hearing, and no further pleadings by other persons are necessary. The creditor, beneficiary, or trustee who failed timely to file a written pleading upon notice may not participate further in the proceeding for the determination requested, and that creditor, beneficiary, or trustee shall be bound by the decision in the proceeding. (b) The court’s order, when final, shall be conclusive as to the liability of the trust property with respect to the claims at issue in the petition. In the event of a subsequent administration of the probate estate of the deceased settlor, that order shall be binding on the personal representative of the probate estate of the deceased settlor as well as all creditors and beneficiaries who had notice of the petition. (Amended by Stats. 2015, Ch. 48, Sec. 7. (SB 785) Effective January 1, 2016.) - 19026. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. )
The court may dismiss a petition if the proceeding is not reasonably necessary to protect the trustee’s or any beneficiary’s interests.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19026. The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the trustee or any beneficiary of the trust. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19027. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. )
The court may make orders or take other needed action on the petition, and if trust assets are not enough to pay all debts, it must order payment under Section 11420.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19027. (a) The court in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by the petition. (b) If the court determines that the assets of the trust estate are insufficient to pay all debts, then the court shall order payment in the manner specified by Section 11420. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19029. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. )
The court may appoint a guardian ad litem on its own motion or when a trustee or other interested person requests it, following Section 1003.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19029. The court may, on its own motion or on request of a trustee or other person interested in the trust, appoint a guardian ad litem in accordance with Section 1003. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19030. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. )
The Attorney General may petition under this chapter in cases involving a charitable trust under the Attorney General’s jurisdiction.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor [19020 - 19030] ( Chapter 2 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19030. In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Attorney General may petition under this chapter. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19040. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 3. Publication of Notice [19040 - 19041] ( Chapter 3 added by Stats. 1991, Ch. 992, Sec. 3. )
This section sets publication and filing requirements for notice to creditors, including minimum publication duration, where to publish, required notice contents, claim-filing deadlines, and filing an affidavit of publication.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 3. Publication of Notice [19040 - 19041] ( Chapter 3 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19040. (a) Publication of notice pursuant to this section shall be for at least 15 days. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient. Notice shall be published in a newspaper of general circulation in the city, county, or city and county in this state where the deceased settlor resided at the time of death, or if none, in the city, county, or city and county in this state wherein trust property was located at the time of the settlor’s death, or if none, in the city, county, or city and county in this state wherein the principal place of administration of the trust was located at the time of the settlor’s death. If there is no newspaper of general circulation published in the applicable city, county, or city and county, notice shall be published in a newspaper of general circulation published in this state nearest to the applicable city, county, or city and county seat, and which is circulated within the applicable city, county, or city and county. If there is no such newspaper, notice shall be given in written or printed form, posted at three of the most public places within the community. For purposes of this section, “city” means a charter city as defined in Section 34101 of the Government Code or a general law city as defined in Section 34102 of the Government Code. (b) The caption of the notice, the deceased settlor’s name, and the name of the trustee shall be in at least 8-point type, the text of the notice shall be in at least 7-point type, and the notice shall state substantially as follows: NOTICE TO CREDITORS OF _____________ # ____________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _________ Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to _____, as trustee of the trust dated ____ wherein the decedent was the settlor, at _____, within the later of four months after ____ (the date of the first publication of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. (name and address of trustee or attorney) (c) An affidavit showing due publication of notice shall be filed with the clerk upon completion of the publication. The affidavit shall contain a copy of the notice, and state the date of its first publication. (Amended by Stats. 2017, Ch. 319, Sec. 101. (AB 976) Effective January 1, 2018.) - 19041. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 3. Publication of Notice [19040 - 19041] ( Chapter 3 added by Stats. 1991, Ch. 992, Sec. 3. )
A good-faith attempt to publish creditor notice under Section 19040 can still count if the court expressly finds the newspaper and circulation requirements were substantially met.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 3. Publication of Notice [19040 - 19041] ( Chapter 3 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19041. The Legislature finds and declares that to be most effective, notice to creditors should be published in compliance with the procedures specified in Section 19040. However, the Legislature recognizes the possibility that in unusual cases due to confusion over jurisdictional boundaries or oversights the notice may inadvertently be published in a newspaper which does not meet these requirements. Therefore, to prevent a minor error in publication from invalidating what would otherwise be a proper proceeding, the Legislature further finds and declares that notice published in a good faith attempt to comply with Section 19040 shall be sufficient to provide notice to creditors and establish jurisdiction if the court expressly finds that the notice was published in a newspaper of general circulation published within the city, county, or city and county and widely circulated within a true cross section of the community in which the deceased settlor resided or wherein the principal place of administration of the trust was located or the property was located in substantial compliance with Section 19040. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19050. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 4. Actual Notice to Creditors [19050 - 19054] ( Chapter 4 added by Stats. 1991, Ch. 992, Sec. 3. )
If a trustee knows of a creditor of the deceased settlor, the trustee must give that creditor notice, unless Section 19054 applies.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 4. Actual Notice to Creditors [19050 - 19054] ( Chapter 4 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19050. Except as provided in Section 19054, if the trustee has knowledge of a creditor of the deceased settlor, the trustee shall give notice to the creditor. The notice shall be given as provided in Section 1215. For the purpose of this section, a trustee has knowledge of a creditor of the deceased settlor if the trustee is aware that the creditor has demanded payment from the deceased settlor or the trust estate. (Amended by Stats. 2007, Ch. 159, Sec. 14. Effective January 1, 2008.) - 19051. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 4. Actual Notice to Creditors [19050 - 19054] ( Chapter 4 added by Stats. 1991, Ch. 992, Sec. 3. )
Notice must be given before the later of two deadlines runs out.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 4. Actual Notice to Creditors [19050 - 19054] ( Chapter 4 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19051. The notice shall be given before expiration of the later of the following times: (a) Four months after the first publication of notice under Section 19040. (b) Thirty days after the trustee first has knowledge of the creditor. (Amended by Stats. 2007, Ch. 159, Sec. 15. Effective January 1, 2008.) - 19052. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 4. Actual Notice to Creditors [19050 - 19054] ( Chapter 4 added by Stats. 1991, Ch. 992, Sec. 3. )
People with claims against the decedent must file them with the Superior Court and send a copy to the trustee within the stated deadline, or seek permission to file a late claim.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 4. Actual Notice to Creditors [19050 - 19054] ( Chapter 4 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19052. The notice shall be in substantially the following form: ## NOTICE TO CREDITORS OF _____________ # ____________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _________ Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to ______, as trustee of the trust dated _____ wherein the decedent was the settlor, at _______, within the later of four months after _____ (the date of the first publication of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you, or you must petition to file a late claim as provided in Section 19103 of the Probate Code. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. __________________________ (Date of mailing this notice if applicable) ___________________________ (name and address of trustee or attorney) (Amended by Stats. 2017, Ch. 319, Sec. 102. (AB 976) Effective January 1, 2018.) - 19053. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 4. Actual Notice to Creditors [19050 - 19054] ( Chapter 4 added by Stats. 1991, Ch. 992, Sec. 3. )
The trustee is protected from liability for giving notice, and this chapter does not require the trustee to search for creditors.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 4. Actual Notice to Creditors [19050 - 19054] ( Chapter 4 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19053. (a) If the trustee believes that notice to a particular creditor is or may be required by this chapter and gives notice based on that belief, the trustee is not liable to any person for giving the notice, whether or not required by this chapter. (b) If the trustee fails to give notice required by this chapter, the trustee is not liable to any person for that failure, unless a creditor establishes all of the following: (1) The failure was in bad faith. (2) The creditor did not have actual knowledge of the proceedings under Chapter 1 (commencing with Section 19000) sooner than one year after publication of notice to creditors under Section 19040, and payment would have been made on the creditor’s claim if the claim had been properly filed. (3) Within 16 months after the first publication of notice under Section 19040, the creditor did both of the following: (A) Filed a petition requesting that the court in which the proceedings under Chapter 1 (commencing with Section 19000) were initiated make an order determining the liability of the trustee under this subdivision. (B) At least 30 days before the hearing on the petition, caused notice of the hearing and a copy of the petition to be served on the trustee in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. (c) Nothing in this section affects the liability of the trust estate, if any, for the claim of a creditor, and the trustee is not liable to the extent the claim is paid out of the trust estate. (d) Nothing in this chapter imposes a duty on the trustee to make a search for creditors of the deceased settlor. (Amended by Stats. 2007, Ch. 159, Sec. 17. Effective January 1, 2008.) - 19054. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 4. Actual Notice to Creditors [19050 - 19054] ( Chapter 4 added by Stats. 1991, Ch. 992, Sec. 3. )
The trustee does not have to give notice to a creditor if the creditor has filed a claim or has demanded payment and the trustee chooses to treat that demand as a claim.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 4. Actual Notice to Creditors [19050 - 19054] ( Chapter 4 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19054. Notwithstanding Section 19050, the trustee need not give notice to a creditor even though the trustee has knowledge of the creditor if either of the following conditions is satisfied: (a) The creditor has filed a claim as provided in this part. (b) The creditor has demanded payment and the trustee elects to treat the demand as a claim under Section 19154. (Amended by Stats. 2003, Ch. 32, Sec. 14. Effective January 1, 2004.) - 1910. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Disqualification From Voting [1910- 1910.] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
A court must disqualify a conservatee from voting if the court finds the conservatee cannot communicate a desire to participate in voting, even with reasonable accommodations.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Disqualification From Voting [1910- 1910.] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 1910. (a) If the court determines the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall by order disqualify the conservatee from voting pursuant to Section 2208 or 2209 of the Elections Code. (b) The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration: (1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code. (2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code. (3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code. (4) Completes the affidavit of voter registration with reasonable accommodations. (Amended by Stats. 2015, Ch. 736, Sec. 12. (SB 589) Effective January 1, 2016.) - 19100. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 5. Time for Filing Claims [19100 - 19104] ( Chapter 5 added by Stats. 1991, Ch. 992, Sec. 3. )
A creditor must file a claim by the later of two deadlines: 4 months after first publication of notice to creditors, or 60 days after actual notice is mailed or personally delivered.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 5. Time for Filing Claims [19100 - 19104] ( Chapter 5 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19100. (a) A creditor shall file a claim before expiration of the later of the following times: (1) Four months after the first publication of notice to creditors under Section 19040. (2) Sixty days after the date actual notice is mailed or personally delivered to the creditor. This paragraph does not extend the time provided in Section 366.2 of the Code of Civil Procedure. (b) A reference in another statute to the time for filing a claim means the time provided in paragraph (1) of subdivision (a). (c) This section shall not be interpreted to extend or toll any other statute of limitations, including that provided by Section 366.2 of the Code of Civil Procedure. (Amended by Stats. 2007, Ch. 159, Sec. 18. Effective January 1, 2008.) - 19101. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 5. Time for Filing Claims [19100 - 19104] ( Chapter 5 added by Stats. 1991, Ch. 992, Sec. 3. )
A vacancy in the trustee’s office before the claim-filing deadline does not extend the deadline.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 5. Time for Filing Claims [19100 - 19104] ( Chapter 5 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19101. A vacancy in the office of the trustee that occurs before expiration of the time for filing a claim does not extend the time. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19102. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 5. Time for Filing Claims [19100 - 19104] ( Chapter 5 added by Stats. 1991, Ch. 992, Sec. 3. )
A claim filed before the filing deadline counts as timely, even if the trustee or court acts on it after the deadline.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 5. Time for Filing Claims [19100 - 19104] ( Chapter 5 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19102. A claim that is filed before expiration of the time for filing the claim is timely even if acted on by the trustee or the court after expiration of the time for filing claims. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19103. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 5. Time for Filing Claims [19100 - 19104] ( Chapter 5 added by Stats. 1991, Ch. 992, Sec. 3. )
A court may let a creditor or trustee file a claim late if the statutory conditions are met, but not more than one year after first publication of notice to creditors.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 5. Time for Filing Claims [19100 - 19104] ( Chapter 5 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19103. (a) Except as provided in subdivision (b), upon petition by a creditor or a trustee, the court may allow a claim to be filed after expiration of the time for filing a claim provided in Section 19100 if either of the following conditions are satisfied: (1) The trustee failed to send proper and timely notice to the creditor and the petition is filed within 60 days after the creditor has actual knowledge of the administration of the trust. (2) The creditor did not have knowledge of the facts giving rise to the existence of the claim more than 30 days prior to the time for filing a claim as provided in Section 19100, and the petition is filed within 60 days after the creditor has actual knowledge of both of the following: (A) The existence of the facts reasonably giving rise to the existence of the claim. (B) The administration of the trust. (b) Notwithstanding subdivision (a), the court shall not allow a claim to be filed under this section more than one year after the date of first publication of notice to creditors under Section 19040. Nothing in this subdivision authorizes allowance or approval of a claim barred by, or extends the time provided in, Section 366.2 of the Code of Civil Procedure. (c) The court may condition the claim on terms that are just and equitable. The court may deny the claimant’s petition if a distribution to trust beneficiaries or payment to general creditors has been made and it appears the filing or establishment of the claim would cause or tend to cause unequal treatment among beneficiaries or creditors. (d) Regardless of whether the claim is later established in whole or in part, property distributed under the terms of the trust subsequent to an order settling claims under Chapter 2 (commencing with Section 19020) and payments otherwise properly made before a claim is filed under this section are not subject to the claim. Except to the extent provided in Chapter 12 (commencing with Section 19400) and subject to Section 19053, the trustee, distributee, or payee is not liable on account of the prior distribution or payment. This subdivision does not limit the liability of a person who receives a preliminary distribution of property to restore to the trust an amount sufficient for payment of the beneficiary’s proper share of the claim, not exceeding the amount distributed. (Amended by Stats. 2007, Ch. 159, Sec. 19. Effective January 1, 2008.) - 19104. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 5. Time for Filing Claims [19100 - 19104] ( Chapter 5 added by Stats. 1991, Ch. 992, Sec. 3. )
A creditor may amend or revise a timely filed claim, but the amendment must be filed the same way as the claim and cannot increase the claim after the filing period ends.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 5. Time for Filing Claims [19100 - 19104] ( Chapter 5 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19104. (a) Subject to subdivision (b), if a claim is filed within the time provided in this chapter, the creditor may later amend or revise the claim. The amendment or revision shall be filed in the same manner as the claim. (b) An amendment or revision may not be made to increase the amount of the claim after the time for filing a claim has expired. An amendment or revision to specify the amount of a claim that, at the time of filing, was not due, was contingent, or was not yet ascertainable, is not an increase in the amount of the claim within the meaning of this subdivision. An amendment or revision of a claim may not be made for any purpose after the earlier of the following times: (1) The time the court makes an order approving settlement of the claim against the deceased settlor under Chapter 2 (commencing with Section 19020). (2) One year after the date of the first publication of notice to creditors under Section 19040. Nothing in this paragraph authorizes allowance or approval of a claim barred by, or extends the time provided in, Section 366.2 of the Code of Civil Procedure. (Amended by Stats. 2007, Ch. 159, Sec. 20. Effective January 1, 2008.) - 19150. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 6. Filing of Claims [19150 - 19154] ( Chapter 6 added by Stats. 1991, Ch. 992, Sec. 3. )
A claim may be filed by the creditor or someone acting for the claimant, and it must be filed with the court; a copy must also be delivered to the trustee.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 6. Filing of Claims [19150 - 19154] ( Chapter 6 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19150. (a) A claim may be filed by the creditor or a person acting on behalf of the claimant. (b) A claim shall be filed with the court and a copy shall be delivered to the trustee pursuant to Section 1215. Failure to deliver a copy to the trustee does not invalidate a properly filed claim, but any loss that results from the failure shall be borne by the creditor. (Amended by Stats. 2017, Ch. 319, Sec. 103. (AB 976) Effective January 1, 2018.) - 19151. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 6. Filing of Claims [19150 - 19154] ( Chapter 6 added by Stats. 1991, Ch. 992, Sec. 3. )
A trustee may require satisfactory vouchers or proof to support a claim.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 6. Filing of Claims [19150 - 19154] ( Chapter 6 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19151. (a) A claim shall be supported by the affidavit of the creditor or the person on behalf of the claimant stating: (1) The claim is a just claim. (2) If the claim is due, the facts supporting the claim, the amount of the claim, and that all payments on and offsets to the claim have been credited. (3) If the claim is not due or contingent, or the amount is not yet ascertainable, the facts supporting the claim. (4) If the affidavit is made by a person other than the creditor, the reason it is not made by the creditor. (b) The trustee may require satisfactory vouchers or proof to be produced to support the claim. An original voucher may be withdrawn after a copy is provided. If a copy is provided, the copy shall be attached to the claim. (Amended by Stats. 2007, Ch. 159, Sec. 22. Effective January 1, 2008.) - 19152. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 6. Filing of Claims [19150 - 19154] ( Chapter 6 added by Stats. 1991, Ch. 992, Sec. 3. )
A claim based on a written instrument must include the original or a copy with endorsements, and a copy requires the original to be shown to the trustee on demand unless the original is lost or destroyed.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 6. Filing of Claims [19150 - 19154] ( Chapter 6 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19152. (a) If a claim is based on a written instrument, either the original or a copy of the original with all endorsements shall be attached to the claim. If a copy is attached, the original instrument shall be exhibited to the trustee on demand unless it is lost or destroyed, in which case the fact that it is lost or destroyed shall be stated in the claim. (b) If the claim or a part of the claim is secured by a mortgage, deed of trust, or other lien that is recorded in the office of the recorder of the county in which the property subject to the lien is located, it is sufficient to describe the mortgage, deed of trust, or lien and the recording reference for the instrument that created the mortgage, deed of trust, or other lien. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19153. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 6. Filing of Claims [19150 - 19154] ( Chapter 6 added by Stats. 1991, Ch. 992, Sec. 3. )
The Judicial Council may adopt a claim form. If it does, the form must tell the creditor that the claim must be filed with the court and that a copy must be delivered to the trustee.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 6. Filing of Claims [19150 - 19154] ( Chapter 6 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19153. The Judicial Council may adopt a claim form which shall inform the creditor that the claim must be filed with the court and a copy delivered to the trustee pursuant to Section 1215. Any such claim form shall include a proof of delivery of a copy of the claim to the trustee which may be completed by the creditor. (Amended by Stats. 2017, Ch. 319, Sec. 104. (AB 976) Effective January 1, 2018.) - 19154. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 6. Filing of Claims [19150 - 19154] ( Chapter 6 added by Stats. 1991, Ch. 992, Sec. 3. )
A trustee may treat a creditor’s timely written demand as a filed and established claim by paying the amount demanded, and may waive formal defects.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 6. Filing of Claims [19150 - 19154] ( Chapter 6 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19154. (a) Notwithstanding any other provision of this part, if a creditor makes a written demand for payment within the time specified in Section 19100, the trustee may waive formal defects and elect to treat the demand as a claim that is filed and established under this part by paying the amount demanded. (b) Nothing in this section limits application of the doctrines of waiver, estoppel, laches, or detrimental reliance or any other equitable principle. (Amended by Stats. 2007, Ch. 159, Sec. 23. Effective January 1, 2008.) - 19200. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 7. Claims by Public Entities [19200 - 19205] ( Chapter 7 added by Stats. 1991, Ch. 992, Sec. 3. )
A public entity must file its claim within the time otherwise provided in this part, unless this chapter provides an exception.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 7. Claims by Public Entities [19200 - 19205] ( Chapter 7 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19200. (a) Except as provided in this chapter, a claim by a public entity shall be filed within the time otherwise provided in this part. A claim not so filed is barred, including any lien imposed for the claim. (b) As used in this chapter, “public entity” has the meaning provided in Section 811.2 of the Government Code, and includes an officer authorized to act on behalf of the public entity. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19201. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 7. Claims by Public Entities [19200 - 19205] ( Chapter 7 added by Stats. 1991, Ch. 992, Sec. 3. )
For certain public-entity claims listed in subdivision (b), the public entity may provide a form for the required written notice or request, and the claim is barred only after that notice or request is given and the applicable period expires.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 7. Claims by Public Entities [19200 - 19205] ( Chapter 7 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19201. (a) Notwithstanding any other statute, if a claim of a public entity arises under a law, act, or code listed in subdivision (b): (1) The public entity may provide a form to be used for the written notice or request to the public entity required by this chapter. Where appropriate, the form may require the decedent’s social security number, if known. (2) The claim is barred only after written notice or request to the public entity and expiration of the period provided in the applicable section. If no written notice or request is made, the claim is enforceable by the remedies, and is barred at the time, otherwise provided in the law, act, or code. (b) Law, Act, or Code Applicable Section Sales and Use Tax Law (commencing with Section 6001 of the Revenue and Taxation Code) Section 6487.1 of the Revenue and Taxation Code Bradley-Burns Uniform Local Sales and Use Tax Law (commencing with Section 7200 of the Revenue and Taxation Code) Section 6487.1 of the Revenue and Taxation Code Transactions and Use Tax Law (commencing with Section 7251 of the Revenue and Taxation Code) Section 6487.1 of the Revenue and Taxation Code Motor Vehicle Fuel License Tax Law (commencing with Section 7301 of the Revenue and Taxation Code) Section 7675.1 of the Revenue and Taxation Code Use Fuel Tax Law (commencing with Section 8601 of the Revenue and Taxation Code) Section 8782.1 of the Revenue and Taxation Code Administration of Franchise and Income Tax Law (commencing with Section 18401 of the Revenue and Taxation Code) Section 19517 of the Revenue and Taxation Code Cigarette Tax Law (commencing with Section 30001 of the Revenue and Taxation Code) Section 30207.1 of the Revenue and Taxation Code Alcoholic Beverage Tax Law (commencing with Section 32001 of the Revenue and Taxation Code) Section 32272.1 of the Revenue and Taxation Code Unemployment Insurance Code Section 1090 of the Unemployment Insurance Code State Hospitals (commencing with Section 7200 of the Welfare and Institutions Code) Section 7277.1 of the Welfare and Institutions Code Medi-Cal Act (commencing with Section 14000 of the Welfare and Institutions Code) Section 9202 of the Probate Code Waxman-Duffy Prepaid Health Plan Act (commencing with Section 14200 of the Welfare and Institutions Code) Section 9202 of the Probate Code (Amended by Stats. 2014, Ch. 144, Sec. 50. (AB 1847) Effective January 1, 2015.) - 19202. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 7. Claims by Public Entities [19200 - 19205] ( Chapter 7 added by Stats. 1991, Ch. 992, Sec. 3. )
If the trustee has reason to believe the deceased settlor received certain health care, or was the surviving spouse of someone who did, the trustee must notify the State Director of Health Services of the death. The director then has four months after notice to file a claim.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 7. Claims by Public Entities [19200 - 19205] ( Chapter 7 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19202. (a) If the trustee knows or has reason to believe that the deceased settlor received health care under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or was the surviving spouse of a person who received that health care, the trustee shall give the State Director of Health Services notice of the death of the deceased settlor or surviving spouse in the manner provided in Section 215. (b) The director has four months after notice is given in which to file a claim. (Amended by Stats. 2007, Ch. 159, Sec. 25. Effective January 1, 2008.) - 19203. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 7. Claims by Public Entities [19200 - 19205] ( Chapter 7 added by Stats. 1991, Ch. 992, Sec. 3. )
If trust property is distributed before a public entity’s claim period ends, the public entity can claim against the distributees, limited to the smaller of the claim amount or each distributee’s share.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 7. Claims by Public Entities [19200 - 19205] ( Chapter 7 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19203. If property in the trust is distributed before expiration of the time allowed a public entity to file a claim, the public entity has a claim against the distributees to the full extent of the public entity’s claim or each distributee’s share of the distributed property, as set forth in Section 19402, whichever is less. The public entity’s claim against distributees includes interest at a rate equal to that specified in Section 19521 of the Revenue and Taxation Code, from the date of distribution or the date of filing the claim by the public entity, whichever is later, plus other accruing costs as in the case of enforcement of a money judgment. (Amended by Stats. 2007, Ch. 159, Sec. 26. Effective January 1, 2008.) - 19204. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 7. Claims by Public Entities [19200 - 19205] ( Chapter 7 added by Stats. 1991, Ch. 992, Sec. 3. )
This chapter does not change the priority order of debts established by other laws.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 7. Claims by Public Entities [19200 - 19205] ( Chapter 7 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19204. Nothing in this chapter shall be construed to affect the order of priority of debts provided for under other provisions of law. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19205. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 7. Claims by Public Entities [19200 - 19205] ( Chapter 7 added by Stats. 1991, Ch. 992, Sec. 3. )
This chapter does not apply to restitution liability for amounts illegally acquired through fraudulent, false, or incorrect representations, or forged or unauthorized endorsements.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 7. Claims by Public Entities [19200 - 19205] ( Chapter 7 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19205. This chapter does not apply to liability for the restitution of amounts illegally acquired through the means of a fraudulent, false, or incorrect representation, or a forged or unauthorized endorsement. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19250. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 8. Allowance and Rejection of Claims [19250 - 19255] ( Chapter 8 added by Stats. 1991, Ch. 992, Sec. 3. )
When a claim is filed, the trustee must allow it or reject it, in whole or in part.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 8. Allowance and Rejection of Claims [19250 - 19255] ( Chapter 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19250. When a claim is filed, the trustee shall allow or reject the claim in whole or in part. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19251. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 8. Allowance and Rejection of Claims [19250 - 19255] ( Chapter 8 added by Stats. 1991, Ch. 992, Sec. 3. )
The trustee must put any allowance or rejection in writing, file it with the court clerk, and notify the claimant with a copy. The notice must include specific information, and a claimant has a 90-day window to sue on a claim rejected in whole or in part.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 8. Allowance and Rejection of Claims [19250 - 19255] ( Chapter 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19251. (a) Any allowance or rejection shall be in writing. The trustee shall file the allowance or rejection with the court clerk and give notice to the claimant, together with a copy of the allowance or rejection, as provided in Section 1215. (b) The allowance or rejection shall contain the following information: (1) The name of the claimant. (2) The date of the settlor’s death. (3) The total amount of the claim. (4) The amount allowed or rejected by the trustee. (5) A statement that the claimant has 90 days from the time the notice of rejection is given, or 90 days after the claim becomes due, whichever is later, in which to bring an action on a claim rejected in whole or in part. (c) The Judicial Council shall prescribe an allowance or rejection form, which may be part of the claim form. Use of a form prescribed by the Judicial Council is deemed to satisfy the requirements. (d) This section does not apply to a demand the trustee elects to treat as a claim under Section 19154. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19252. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 8. Allowance and Rejection of Claims [19250 - 19255] ( Chapter 8 added by Stats. 1991, Ch. 992, Sec. 3. )
The trustee may pay or compromise claims, and paying a claim counts as allowance to that extent.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 8. Allowance and Rejection of Claims [19250 - 19255] ( Chapter 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19252. The trustee shall have the power to pay any claim or portion of a claim and payment shall constitute allowance of the claim to the extent of the payment. The trustee shall have the power to compromise any claim or portion of a claim. If the trustee or the attorney for the trustee is a creditor of the deceased settlor, the trustee shall have the same powers regarding allowance, rejection, payment, or compromise set forth in this chapter. (Amended by Stats. 2007, Ch. 159, Sec. 27. Effective January 1, 2008.) - 19253. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 8. Allowance and Rejection of Claims [19250 - 19255] ( Chapter 8 added by Stats. 1991, Ch. 992, Sec. 3. )
A trustee may not allow a claim that is already barred by the statute of limitations.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 8. Allowance and Rejection of Claims [19250 - 19255] ( Chapter 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19253. (a) A claim barred by the statute of limitations may not be allowed by the trustee. (b) The filing of a claim tolls the statute of limitations otherwise applicable to the claim until the trustee gives notice of allowance or rejection. (c) The allowance of a claim further tolls the statute of limitations as to the part of the claim allowed until the allowed portion of the claim is paid. (d) Notwithstanding the statute of limitations otherwise applicable to a claim, if an action on a rejected claim is not commenced or if the matter is not referred to a referee or to arbitration within the time prescribed in Section 19255, it is forever barred. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19254. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 8. Allowance and Rejection of Claims [19250 - 19255] ( Chapter 8 added by Stats. 1991, Ch. 992, Sec. 3. )
If a trustee does not act on a filed claim within 30 days, the claimant may choose to treat that inaction as a rejection notice on day 30.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 8. Allowance and Rejection of Claims [19250 - 19255] ( Chapter 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19254. If within 30 days after a claim is filed the trustee has refused or neglected to act on the claim, the refusal or neglect may, at the option of the claimant, be deemed equivalent to the giving of a notice of rejection on the 30th day. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19255. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 8. Allowance and Rejection of Claims [19250 - 19255] ( Chapter 8 added by Stats. 1991, Ch. 992, Sec. 3. )
A creditor with a rejected claim must act within the stated deadlines or the claim can be barred, and the creditor must file notice with the court clerk and proof to the trustee.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 8. Allowance and Rejection of Claims [19250 - 19255] ( Chapter 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19255. (a) A rejected claim is barred as to the part rejected unless the creditor brings an action on the claim or the matter is referred to a referee or to arbitration within the following times, excluding any time during which there is a vacancy in the office of the trustee: (1) If the claim is due at the time of giving the notice of rejection, 90 days after the notice is given. (2) If the claim is not due at the time of giving the notice of rejection, 90 days after the claim becomes due. (b) In addition to any other county in which an action on a rejected claim may be commenced, the action may be commenced in the county or city and county wherein the principal place of administration of the trust is located. (c) The creditor shall file a notice of the pendency of the action or the referral to a referee or to arbitration with the court clerk in the trust proceeding, together with proof of giving a copy of the notice to the trustee as provided in Section 1215. Personal service of a copy of the summons and complaint on the trustee is equivalent to the filing and giving of the notice. (d) Any property distributed by the trustee under the terms of the trust after 120 days from the later of the time the notice of rejection is given or the claim is due and before the notice of pendency of action or referral or arbitration is filed and given, excluding therefrom any time during which there is a vacancy in the office of the trustee, is not subject to the claim. Neither the trustee nor the distributee is liable on account of the distribution. (e) The prevailing party in the action shall be awarded court costs and, if the court determines that the prosecution or defense of the action against the prevailing party was unreasonable, the prevailing party shall be awarded reasonable litigation expenses, including attorney’s fees. For the purpose of this subdivision, the prevailing party shall be the trustee if the creditor recovers an amount equal to or less than the amount of the claim allowed by the trustee, and shall be the creditor if the creditor recovers an amount greater than the amount of the claim allowed by the trustee. (Amended by Stats. 2007, Ch. 159, Sec. 28. Effective January 1, 2008.) - 19300. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 9. Claims Established by Judgment [19300 - 19304] ( Chapter 9 added by Stats. 1991, Ch. 992, Sec. 3. )
After the settlor dies, money judgments covered by this section are paid during administration and not enforced against trust property, except as provided in Section 19303.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 9. Claims Established by Judgment [19300 - 19304] ( Chapter 9 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19300. (a) Except as provided in Section 19303, after the death of the settlor all money judgments against the deceased settlor on a claim against the deceased settlor or against the trustee on a claim against the decedent or the trust estate are payable in the course of administration and are not enforceable against property in the trust estate of the deceased settlor under the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure). (b) Subject to Section 19301, a judgment referred to in subdivision (a) shall be filed in the same manner as other claims. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19301. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 9. Claims Established by Judgment [19300 - 19304] ( Chapter 9 added by Stats. 1991, Ch. 992, Sec. 3. )
A final money judgment against a trustee acting in a representative capacity conclusively proves the claim amount, must be payable from the deceased settlor’s trust estate during administration, and an abstract of judgment must be filed in the trust administration proceeding.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 9. Claims Established by Judgment [19300 - 19304] ( Chapter 9 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19301. When a money judgment against a trustee in a representative capacity becomes final, it conclusively establishes the validity of the claim for the amount of the judgment. The judgment shall provide that it is payable out of property in the deceased settlor’s trust estate in the course of administration. An abstract of the judgment shall be filed in the trust administration proceedings. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19302. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 9. Claims Established by Judgment [19300 - 19304] ( Chapter 9 added by Stats. 1991, Ch. 992, Sec. 3. )
After the settlor dies, certain judgments about trust property may still be enforced, but only against the property described in the judgment. Unpaid money demands must be filed as claims and are paid through administration.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 9. Claims Established by Judgment [19300 - 19304] ( Chapter 9 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19302. (a) Notwithstanding the death of the settlor, a judgment for possession of trust property or a judgment for sale of trust property may be enforced under the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure). Nothing in this subdivision authorizes enforcement under the Enforcement of Judgments Law against any property in the trust estate of the deceased settlor other than the property described in the judgment for possession or sale. (b) After the death of the settlor, a demand for money that is not satisfied from the trust property described in a judgment for sale of property shall be filed as a claim in the same manner as other claims and is payable in the course of administration. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19303. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 9. Claims Established by Judgment [19300 - 19304] ( Chapter 9 added by Stats. 1991, Ch. 992, Sec. 3. )
If deceased settlor trust property is subject to an execution lien at death, enforcement may proceed under the Enforcement of Judgments Law, the levying officer must account for any surplus to the trustee, and any unpaid balance is payable during administration.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 9. Claims Established by Judgment [19300 - 19304] ( Chapter 9 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19303. If trust property of the deceased settlor is subject to an execution lien at the time of the settlor’s death, enforcement against the property may proceed under the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure) to satisfy the judgment. The levying officer, as defined in Section 680.260 of the Code of Civil Procedure, shall account to the trustee for any surplus. If the judgment is not satisfied, the balance of the judgment remaining unsatisfied is payable in the course of administration. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19304. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 9. Claims Established by Judgment [19300 - 19304] ( Chapter 9 added by Stats. 1991, Ch. 992, Sec. 3. )
This section lets an attachment lien be turned into a judgment lien if the required notice papers are served or filed in time, and it lets certain family members claim an attachment exemption after the settlor’s death.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 9. Claims Established by Judgment [19300 - 19304] ( Chapter 9 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19304. (a) An attachment lien may be converted into a judgment lien on property in the trust estate subject to the attachment lien, with the same priority as the attachment lien, in either of the following cases: (1) Where the judgment debtor dies after entry of judgment in an action in which the property was attached. (2) Where a judgment is entered after the death of the defendant in an action in which the property was attached. (b) To convert the attachment lien into a judgment lien, the levying officer shall, after entry of judgment in the action in which the property was attached and before the expiration of the attachment lien, do one of the following: (1) Serve an abstract of the judgment, and a notice that the attachment lien has become a judgment lien, on the trustee or other person holding property subject to the attachment lien. (2) Record or file in any office where the writ of attachment and notice of attachment are recorded or filed an abstract of the judgment and a notice that the attachment lien has become a judgment lien. If the attached property is real property, the plaintiff or the plaintiff’s attorney may record the required abstract and notice with the same effect as if recorded by the levying officer. (c) After the death of the settlor, any members of the deceased settlor’s family who were supported in whole or in part by the deceased settlor may claim an exemption provided in Section 487.020 of the Code of Civil Procedure for property levied on under the writ of attachment if the right to the exemption exists at the time the exemption is claimed. The trustee may claim the exemption on behalf of members of the deceased settlor’s family. The claim of exemption may be made at any time before the time the abstract and notice are served, recorded, or filed under subdivision (b) with respect to the property claimed to be exempt. The claim of exemption shall be made in the same manner as an exemption is claimed under Section 482.100 of the Code of Civil Procedure. (Amended by Stats. 2007, Ch. 159, Sec. 29. Effective January 1, 2008.) - 19320. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse [19320 - 19326] ( Chapter 10 added by Stats. 1991, Ch. 992, Sec. 3. )
If a deceased settlor’s debt was paid or may be paid from trust property, certain people may petition for an order to allocate the debt.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse [19320 - 19326] ( Chapter 10 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19320. If it appears that a debt of the deceased settlor has been paid or is payable in whole or in part from property in the deceased settlor’s trust, then the trustee, the surviving spouse, the personal representative, if any, of a deceased settlor’s probate estate, or a beneficiary may petition for an order to allocate the debt. (Amended by Stats. 2015, Ch. 48, Sec. 8. (SB 785) Effective January 1, 2016.) - 19321. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse [19320 - 19326] ( Chapter 10 added by Stats. 1991, Ch. 992, Sec. 3. )
A petition under Section 19320 must include a statement listing the relevant debts, why they should be allocated, and the proposed allocation with its basis.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse [19320 - 19326] ( Chapter 10 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19321. A petition under Section 19320 shall include a statement of all of the following: (a) All debts of the deceased settlor and surviving spouse known to the petitioner that are alleged to be subject to allocation and whether paid in whole or in part or unpaid. (b) The reason why the debts should be allocated. (c) The proposed allocation and the basis for allocation alleged by the petitioner. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19322. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse [19320 - 19326] ( Chapter 10 added by Stats. 1991, Ch. 992, Sec. 3. )
If the petition shows the allocation may be affected and the surviving spouse has not provided an inventory and appraisal, the court must issue an order to show cause.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse [19320 - 19326] ( Chapter 10 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19322. If it appears from the petition under Section 19320 that allocation would be affected by the value of the separate property of the surviving spouse and any community property and quasi-community property not administered in the trust, and if an inventory and appraisal of the property has not been provided by the surviving spouse, the court shall make an order to show cause why the information should not be provided. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19323. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse [19320 - 19326] ( Chapter 10 added by Stats. 1991, Ch. 992, Sec. 3. )
The petitioner must give at least 30 days’ notice of the hearing and send a copy of the petition to the surviving spouse and certain other persons.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse [19320 - 19326] ( Chapter 10 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19323. (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on the surviving spouse in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. (b) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who are not petitioners: (1) All trustees of the trust and of any trusts to which an allocation of liability may be approved by the court pursuant to the petition. (2) All beneficiaries affected. (3) The personal representative of the deceased settlor’s probate estate, if any is known to the trustee. (4) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice. (Amended by Stats. 2017, Ch. 319, Sec. 105. (AB 976) Effective January 1, 2018.) - 19324. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse [19320 - 19326] ( Chapter 10 added by Stats. 1991, Ch. 992, Sec. 3. )
This section lets the trustee, personal representative, and surviving spouse agree on debt allocation if the agreement protects other interested persons, and it lets the court approve or change the allocation in some cases.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse [19320 - 19326] ( Chapter 10 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19324. (a) The trustee, the personal representative, if any, of a deceased settlor’s probate estate, and the surviving spouse may provide for allocation of debts by agreement so long as the agreement substantially protects the rights of other interested persons. The trustee, the personal representative, or the spouse may request and obtain court approval of the allocation provided in the agreement. (b) In the absence of an agreement, each debt subject to allocation shall first be characterized by the court as separate or community, in accordance with the laws of the state applicable to marital dissolution proceedings. Following that characterization, the debt or debts shall be allocated as follows: (1) Separate debts of either spouse shall be allocated to that spouse’s separate property assets, and community debts shall be allocated to the spouses’ community property assets. (2) If a separate property asset of either spouse is subject to a secured debt that is characterized as that spouse’s separate debt, and the net equity in that asset available to satisfy that secured debt is less than that secured debt, the unsatisfied portion of that secured debt shall be treated as an unsecured separate debt of that spouse and allocated to the net value of that spouse’s other separate property assets. (3) If the net value of either spouse’s separate property assets is less than that spouse’s unsecured separate debt or debts, the unsatisfied portion of the debt or debts shall be allocated to the net value of that spouse’s one-half share of the community property assets. If the net value of that spouse’s one-half share of the community property assets is less than that spouse’s unsatisfied unsecured separate debt or debts, the remaining unsatisfied portion of the debt or debts shall be allocated to the net value of the other spouse’s one-half share of the community property assets. (4) If a community property asset is subject to a secured debt that is characterized as a community debt, and the net equity in that asset available to satisfy that secured debt is less than that secured debt, the unsatisfied portion of that secured debt shall be treated as an unsecured community debt and allocated to the net value of the other community property assets. (5) If the net value of the community property assets is less than the unsecured community debt or debts, the unsatisfied portion of the debt or debts shall be allocated equally between the separate property assets of the deceased settlor and the surviving spouse. If the net value of either spouse’s separate property assets is less than that spouse’s share of the unsatisfied portion of the unsecured community debt or debts, the remaining unsatisfied portion of the debt or debts shall be allocated to the net value of the other spouse’s separate property assets. (c) For purposes of this section: (1) The net value of either spouse’s separate property asset shall refer to its fair market value as of the date of the deceased settlor’s death, minus the date-of-death balance of any liens and encumbrances on that asset that have been characterized as that spouse’s separate debts. (2) The net value of a community property asset shall refer to its fair market value as of the date of the deceased settlor’s death, minus the date-of-death balance of any liens and encumbrances on that asset that have been characterized as community debts. (3) In the case of a nonrecourse debt, the amount of that debt shall be limited to the net equity in the collateral, based on the fair market value of the collateral as of the date of the decedent’s death, that is available to satisfy that debt. For the purposes of this paragraph, “nonrecourse debt” means a debt for which the debtor’s obligation to repay is limited to the collateral securing the debt, and for which a deficiency judgment against the debtor is not permitted by law. (d) Notwithstanding the foregoing provisions of this section, the court may order a different allocation of debts between the deceased settlor’s probate estate, trust, and the surviving spouse if the court finds a different allocation to be equitable under the circumstances. (e) Nothing contained in this section is intended to impair or affect the rights of third parties. If a trustee, a personal representative, if any, of a deceased settlor’s probate estate, or the surviving spouse incurs any damages or expense, including attorney’s fees, on account of the nonpayment of a debt that was allocated to the other party pursuant to subdivision (b), or as the result of a debt being misallocated due to fraud or intentional misrepresentation by the other party, the party incurring damages shall be entitled to recover from the other party for damages or expense deemed reasonable by the court that made the allocation. (Amended by Stats. 2001, Ch. 72, Sec. 2. Effective January 1, 2002.) - 19325. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse [19320 - 19326] ( Chapter 10 added by Stats. 1991, Ch. 992, Sec. 3. )
The court must issue an order that directs the trustee to pay allocated amounts and, for amounts allocated to the surviving spouse, to charge available spouse property held by the trustee.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse [19320 - 19326] ( Chapter 10 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19325. On making a determination as provided in this chapter, the court shall make an order that: (a) Directs the trustee to make payment of the amounts allocated to the trust by payment to the surviving spouse or creditors. (b) Directs the trustee to charge amounts allocated to the surviving spouse against any property or interests of the surviving spouse that are in the possession or control of the trustee. To the extent that property or interests of the surviving spouse in the possession or control of the trustee are insufficient to satisfy the allocation, the court order shall summarily direct the surviving spouse to pay the allocation to the trustee. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19326. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse [19320 - 19326] ( Chapter 10 added by Stats. 1991, Ch. 992, Sec. 3. )
Funeral expenses and last-illness expenses are charged first to the deceased settlor’s probate estate, then to the settlor’s share of the trust, and not to the surviving spouse’s community share.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse [19320 - 19326] ( Chapter 10 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19326. Notwithstanding any other statute, funeral expenses and expenses of last illness, in the absence of specific provisions in a will or trust to the contrary, shall be charged against the deceased settlor’s probate estate and thereafter, against the deceased settlor’s share of the trust and shall not be allocated to or charged against, the community share of the surviving spouse, whether or not the surviving spouse is financially able to pay the expenses and whether or not the surviving spouse or any other person is also liable for the expenses. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19330. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 11. Liability of Settlor’s Surviving Spouse [19330- 19330.] ( Chapter 11 added by Stats. 1991, Ch. 992, Sec. 3. )
When trust-claim settlement proceedings are underway and the claims period has started, actions against the surviving spouse’s liability are barred, with listed exceptions.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 11. Liability of Settlor’s Surviving Spouse [19330- 19330.] ( Chapter 11 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19330. If proceedings are commenced under this part for the settlement of claims against the trust, and the time for filing claims has commenced, any action upon the liability of the surviving spouse under Chapter 3 (commencing with Section 13550) is barred to the same extent as provided for claims under this part, except as to the following: (a) Any creditor who commences judicial proceedings to enforce a claim and serves the surviving spouse with the complaint prior to the expiration of the time for filing claims. (b) Any creditor who has or who secures the surviving spouse’s acknowledgment in writing of the liability of the surviving spouse for the claim. (c) Any creditor who files a timely claim in the proceedings for the administration of the estate of the deceased spouse. (Added by Stats. 1991, Ch. 992, Sec. 3.) - 19400. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 12. Distributee Liability [19400 - 19403] ( Chapter 12 added by Stats. 1991, Ch. 992, Sec. 3. )
If a deceased settlor’s probate estate is not being administered and the trustee has not given creditor notice, a trust beneficiary who receives the settlor’s property may be personally liable for the settlor’s unsecured probate debts, as limited by Section 19402.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR [19000 - 19403] ( Part 8 added by Stats. 1991, Ch. 992, Sec. 3. ) ## CHAPTER 12. Distributee Liability [19400 - 19403] ( Chapter 12 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19400. Subject to Section 366.2 of the Code of Civil Procedure, if there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee does not file a proposed notice to creditors pursuant to Section 19003 and does not publish notice to creditors pursuant to Chapter 3 (commencing with Section 19040), then a beneficiary of the trust to whom payment, delivery, or transfer of the deceased settlor’s property is made pursuant to the terms of the trust is personally liable, to the extent provided in Section 19402, for the unsecured claims of the creditors of the deceased settlor’s probate estate. (Amended by Stats. 2015, Ch. 48, Sec. 10. (SB 785) Effective January 1, 2016.)
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