Probate Code
Part 6 of 14 · provisions 1,001–1,200
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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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- 19401. 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. )
A distributee can be personally liable for a creditor’s claim if the listed notice, knowledge, and limitations conditions are 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 12. Distributee Liability [19400 - 19403] ( Chapter 12 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19401. Subject to Section 19402, if the trustee filed a proposed notice to creditors pursuant to Section 19003 and published notice to creditors pursuant to Section 19040, and if the identity of the creditor was known to, or reasonably ascertainable by, the trustee within four months of the first publication of notice pursuant to Section 19040, then a person to whom property is distributed is personally liable for the claim of the creditor, without a claim first having been filed, if all of the following conditions are satisfied: (a) The claim of the creditor was not merely conjectural. (b) Notice to the creditor was not given to the creditor under Chapter 4 (commencing with Section 19050) and neither the creditor nor the attorney representing the creditor in the matter had actual knowledge of the administration of the trust estate sooner than one year after the date of first publication of notice pursuant to Section 19040. (c) The statute of limitations applicable to the claim under Section 366.2 of the Code of Civil Procedure has not expired at the time of commencement of an action under this section. (Amended by Stats. 1992, Ch. 178, Sec. 47. Effective January 1, 1993.) - 19402. 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. )
A distributee may raise the deceased settlor’s available defenses, cross-complaints, or setoffs in an action under this chapter, subject to Section 366.2. Personal liability is limited and cannot exceed the value of the property distributed from the 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 12. Distributee Liability [19400 - 19403] ( Chapter 12 added by Stats. 1991, Ch. 992, Sec. 3. ) ## 19402. (a) In any action under this chapter, subject to Section 366.2 of the Code of Civil Procedure, the distributee may assert any defenses, cross-complaints, or setoffs that would have been available to the deceased settlor if the settlor had not died. (b) Personal liability under this chapter is applicable only to the extent the claim of the creditor cannot be satisfied out of the trust estate of the deceased settlor and is limited to a pro rata portion of the claim of the creditor, based on the proportion that the value of the property distributed to the person out of the trust estate bears to the total value of all property distributed to all persons out of the trust estate. Personal liability under this chapter for all claims of all creditors shall not exceed the value of the property distributed to the person out of the trust estate. As used in this chapter, the value of the property is the fair market value of the property on the date of its distribution, less the amount of any liens and encumbrances on the property at that time. (Amended by Stats. 1992, Ch. 178, Sec. 48. Effective January 1, 1993.) - 19403. 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. )
This section says the chapter does not affect the rights of a good-faith purchaser or encumbrancer who gave value when taking property from a person personally liable under the section.
## 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. ) ## 19403. Nothing in this chapter affects the rights of a purchaser or encumbrancer of property in good faith and for value from a person who is personally liable under this section. (Amended by Stats. 2004, Ch. 183, Sec. 280. Effective January 1, 2005.) - 1950. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
The provision says a person’s procreative choice, including the choice to be sterilized, cannot be denied because of disability.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1950. The Legislature recognizes that the right to exercise choice over matters of procreation is fundamental and may not be denied to an individual on the basis of disability. This chapter is enacted for the benefit of those persons with developmental disabilities who, despite those disabilities, are capable of engaging in sexual activity yet who, because of those disabilities, are unable to give the informed, voluntary consent necessary to their fully exercising the right to procreative choice, which includes the right to choose sterilization. However, the Legislature further recognizes that the power to sterilize is subject to abuse and, historically, has been abused. It is the intent of the Legislature that no individual shall be sterilized solely by reason of a developmental disability and that no individual who knowingly opposes sterilization be sterilized involuntarily. It is further the intent of the Legislature that this chapter shall be applied in accord with the overall intent of Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code that persons with developmental disabilities be provided with those services needed to enable them to live more normal, independent, and productive lives, including assistance and training that might obviate the need for sterilization. (Enacted by Stats. 1990, Ch. 79.) - 19501. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
This part may be cited as the Uniform Trust Decanting Act.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19501. This part may be cited as the Uniform Trust Decanting Act. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19502. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
This section defines key terms used in the Uniform Trust Decanting Act.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19502. For purposes of this part: (a) “Appointive property” means the property or property interest subject to a power of appointment. (b) “Ascertainable standard” means a standard relating to an individual’s health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or Section 2514(c)(1) of the Internal Revenue Code (26 U.S.C. Secs. 2041(b)(1)(A), 2514(c)(1)) and any applicable regulations. (c) “Authorized fiduciary” means any of the following: (1) A trustee or other fiduciary, other than a settlor, that has discretion to distribute or direct a trustee to distribute part or all of the principal of the first trust to one or more current beneficiaries. (2) A special fiduciary appointed under Section 19509. (3) A special-needs fiduciary under Section 19513. (d) “Beneficiary” means a person that meets one of the following conditions: (1) Has a present or future, vested or contingent, beneficial interest in a trust. (2) Holds a power of appointment over trust property. (3) Is an identified charitable organization that will or may receive distributions under the terms of the trust. (e) “Charitable interest” means an interest in a trust that meets one of the following conditions: (1) Is held by an identified charitable organization and makes the organization a qualified beneficiary. (2) Benefits only charitable organizations and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary. (3) Is held solely for charitable purposes and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary. (f) “Charitable organization” means either 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 it holds funds exclusively for a charitable purpose. (g) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, a municipal or other governmental purpose, or another purpose the achievement of which is beneficial to the community. (h) “Court” means the court in this state having jurisdiction in matters relating to trusts. (i) “Current beneficiary” means a beneficiary that on the date the beneficiary’s qualification is determined is a distributee or permissible distributee of trust income or principal. The term includes the holder of a presently exercisable general power of appointment but does not include a person that is a beneficiary only because the person holds any other power of appointment. (j) “Decanting power” or “the decanting power” means the power of an authorized fiduciary under this part to distribute property of a first trust to one or more second trusts or to modify the terms of the first trust. (k) “Expanded distributive discretion” means a discretionary power of distribution that is not limited to an ascertainable standard or a reasonably definite standard. (l) “First trust” means a trust over which an authorized fiduciary may exercise the decanting power. (m) “First trust instrument” means the trust instrument for a first trust. (n) “General power of appointment” means a power of appointment exercisable in favor of a powerholder, the powerholder’s estate, a creditor of the powerholder, or a creditor of the powerholder’s estate. (o) “Jurisdiction,” with respect to a geographic area, includes a state or country. (p) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (q) “Power of appointment” means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in, or another power of appointment over, the appointive property. The term does not include a power of attorney. (r) “Powerholder” means a person in which a donor creates a power of appointment. (s) “Presently exercisable power of appointment” means a power of appointment exercisable by the powerholder at the relevant time. (1) The term includes a power of appointment exercisable only after the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after one of the following, respectively: (A) The occurrence of the specified event. (B) The satisfaction of the ascertainable standard. (C) The passage of the specified time. (2) The term does not include a power exercisable only at the powerholder’s death. (t) “Qualified beneficiary” means a beneficiary that, on the date the beneficiary’s qualification is determined, satisfies one of the following conditions: (1) Is a distributee or permissible distributee of trust income or principal. (2) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in paragraph (1) terminated on that date without causing the trust to terminate. (3) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. (u) “Reasonably definite standard” means a clearly measurable standard under which a holder of a power of distribution is legally accountable within the meaning of Section 674(b)(5)(A) of the Internal Revenue Code (26 U.S.C. Sec. 674(b)(5)(A)) and any applicable regulations. (v) “Second trust” means either of the following: (1) A first trust after modification under this part. (2) A trust to which a distribution of property from a first trust is or may be made under this part. (w) “Second trust instrument” means the trust instrument for a second trust. (x) “Settlor,” except as otherwise provided in Section 19525, means a person, including a testator, that creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to the person’s contribution except to the extent another person has power to revoke or withdraw that portion. (y) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (z) “Terms of the trust” means the manifestation of the settlor’s intent regarding a trust’s provisions as expressed in the trust instrument, as may be established by other evidence that would be admissible in a judicial proceeding, or as may be established by court order or nonjudicial settlement agreement. (aa) “Trust instrument” means a trust executed by the settlor to create a trust or by any person to create a second trust that contains some or all of the terms of the trust, including any amendments. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19503. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
This section says the part applies to certain express trusts, but not trusts held solely for charitable purposes. A trust instrument may restrict or prohibit use of the decanting power, subject to Section 19515.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19503. (a) Except as otherwise provided in subdivisions (b) and (c), this part applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest. (b) This part does not apply to a trust held solely for charitable purposes. (c) Subject to Section 19515, a trust instrument may restrict or prohibit exercise of the decanting power. (d) This part does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of this state other than this part, common law, a court order, or a nonjudicial settlement agreement. (e) This part does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19504. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
An authorized fiduciary must follow fiduciary duties, including the purposes of the first trust, when exercising the decanting power.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19504. (a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust. (b) This part does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this part. (c) Except as otherwise provided in a first trust instrument, for purposes of this part, the terms of the first trust are deemed to include the decanting power. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19505. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
This section says the part applies to certain trusts meeting specified connection-to-California conditions.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19505. This part applies to a trust created before, on, or after January 1, 2019, that satisfies either of the following conditions: (a) Has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state. (b) Provides by its trust instrument that it is governed by the law of this state or is governed by the law of this state for the purpose of any of the following: (1) Administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this state. (2) Construction of terms of the trust. (3) Determining the meaning or effect of terms of the trust. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19507. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
An authorized fiduciary may exercise the decanting power, but must give advance notice and follow the section’s notice rules.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19507. (a) In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given. (b) An authorized fiduciary may exercise the decanting power without the consent of any person and without court approval in compliance with this part. (c) Except as otherwise provided in subdivision (h), an authorized fiduciary shall give notice of the intended exercise of the decanting power not later than 60 days before the exercise to all of the following: (1) Each settlor of the first trust, if living or then in existence. (2) Each qualified beneficiary of the first trust. (3) Each holder of a presently exercisable power of appointment over any part or all of the first trust. (4) Each person that currently has the right to remove or replace the authorized fiduciary. (5) Each other fiduciary of the first trust. (6) Each fiduciary of the second trust. (7) The Attorney General, if subdivision (b) of Section 19514 applies. (d) Unless the trust instrument provides otherwise, an authorized fiduciary shall give notice under subdivision (c) to the guardian ad litem for a qualified beneficiary who is a minor and has no representative or who is an unascertained or unborn beneficiary. If a guardian ad litem has not been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of one. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment. (e) If an authorized fiduciary knows, or has reason to know, that a person entitled to notice under subdivision (c) is substantially unable to manage that person’s own financial resources or resist fraud or undue influence, the authorized fiduciary shall give notice under subdivision (c) to that person and to the individual appointed to act on that person’s behalf, including, but not limited to, an attorney-in-fact under a power of attorney. If no such individual has been appointed at the time of the notice, the authorized fiduciary shall seek the appointment of such an individual. The court may appoint a guardian ad litem, for purposes of this section, in instances where the only matter before the court is that appointment. (f) An authorized fiduciary is not required to give notice under subdivision (c) to a person who is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence. (g) A notice under subdivision (c) shall include all of the following: (1) A description of the manner in which the authorized fiduciary intends to exercise the decanting power, which shall include a statement as to the authorized fiduciary’s reason for the proposed decanting and an explanation as to the differences between the first trust and the second trust or trusts. (2) The proposed effective date for exercise of the power. (3) A copy of the first trust instrument. (4) A copy of all second trust instruments. (5) A warning, set out in a separate paragraph in not less than 10-point bold type, or a reasonable equivalent thereof, that states the following: “If you do not bring a court action to contest the proposed trust decanting (the proposed changes to the trust) within 59 days of this notice, you will lose your right to contest the decanting.” (h) The decanting power may be exercised before expiration of the notice period under subdivision (a) if all persons entitled to receive notice waive the period in a signed waiver. (i) The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under Section 19509 that asserts either of the following: (1) An attempted exercise of the decanting power is ineffective because it did not comply with this part or was an abuse of discretion or breach of fiduciary duty. (2) Section 19522 applies to the exercise of the decanting power. (j) The notice required by this section shall be served by mail to the last known address, pursuant to Section 1215, or by personal delivery. (Amended by Stats. 2023, Ch. 260, Sec. 23. (SB 345) Effective January 1, 2024.) - 19508. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
This section says notice to a representative counts as notice to the person represented, a representative may file an application under Section 19509 for that person, and a settlor cannot represent or bind a beneficiary under this part.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19508. (a) Notice to a person with authority to represent and bind another person under this code or a first trust instrument has the same effect as notice given directly to the person represented. (b) Consent of or waiver by a person with authority to represent and bind another person under this code or a first trust instrument is binding on the person represented unless the person represented objects to the representation before the consent or waiver otherwise would become effective. (c) A person with authority to represent and bind another person under this code or a first trust instrument may file an application under Section 19509 on behalf of the person represented. (d) A settlor may not represent or bind a beneficiary under this part. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19509. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
The court may give instructions, appoint a special fiduciary, approve or reject decanting-related actions, and order other relief on application by certain parties.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19509. (a) On application of an authorized fiduciary, a person entitled to notice under subdivision (c) of Section 19507, a beneficiary, or, with respect to a charitable interest, the Attorney General or other person that has standing to enforce the charitable interest, the court may do any of the following: (1) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this part and is consistent with the fiduciary duties of the authorized fiduciary. (2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this part and to exercise the decanting power. (3) Approve an exercise of the decanting power. (4) Determine that a proposed or attempted exercise of the decanting power is ineffective because of either of the following: (A) After applying Section 19522, the proposed or attempted exercise does not or did not comply with this part. (B) The proposed or attempted exercise would be or was an abuse of the fiduciary’s discretion or a breach of fiduciary duty. (5) Determine the extent to which Section 19522 applies to a prior exercise of the decanting power. (6) Provide instructions to the trustee regarding the application of Section 19522 to a prior exercise of the decanting power. (7) Order other relief to carry out the purposes of this part. (b) If an application is made under subdivision (a), the burden is on the authorized fiduciary to establish that notice was given as required by Section 19507 and that the authorized fiduciary may exercise the decanting power. (c) On application of an authorized fiduciary, the court may approve either or both of the following: (1) An increase in the fiduciary’s compensation under Section 19516. (2) A modification under Section 19518 of a provision granting a person the right to remove or replace the fiduciary. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 1951. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
A person who can consent to sterilization must not be sterilized under this chapter, and the court must appoint a facilitator or interpreter if needed to help the person understand the listed factors.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1951. (a) No person who has the ability to consent to his or her sterilization shall be sterilized pursuant to this chapter. (b) For the purposes of this chapter, the following terms have the meanings given: (1) “Consent to sterilization” means making a voluntary decision to undergo sterilization after being fully informed about, and after fully understanding the nature and consequences of, sterilization. (2) “Voluntary” means performed while competent to make the decision, and as a matter of free choice and will and not in response to coercion, duress, or undue influence. (3) “Fully understanding the nature and consequences of sterilization,” includes, but is not limited to, the ability to understand each of the following: (A) That the individual is free to withhold or withdraw consent to the procedure at any time before the sterilization without affecting the right to future care or treatment and without loss or withdrawal of any publicly funded program benefits to which the individual might be otherwise entitled. (B) Available alternative methods of family planning and birth control. (C) That the sterilization procedure is considered to be irreversible. (D) The specific sterilization procedure to be performed. (E) The discomforts and risks that may accompany or follow the performing of the procedure, including an explanation of the type and possible effects of any anesthetic to be used. (F) The benefits or advantages that may be expected as a result of the sterilization. (G) The approximate length of the hospital stay. (H) The approximate length of time for recovery. (c) The court shall appoint a facilitator or interpreter if such a person’s assistance would enable the person named in the petition to understand any of these factors. (Enacted by Stats. 1990, Ch. 79.) - 19510. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
An authorized fiduciary must exercise the decanting power in a signed writing.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19510. An exercise of the decanting power shall be made in a writing signed by an authorized fiduciary. The signed writing shall, directly or by reference to the notice required by Section 19507, identify the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19511. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
This section defines key trust terms and limits how an authorized fiduciary may use the decanting power.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19511. (a) For purposes of this section: (1) “Noncontingent right” means a right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur. The term does not include a right held by a beneficiary if any person has discretion to distribute property subject to the right to any person other than the beneficiary or the beneficiary’s estate. (2) “Presumptive remainder beneficiary” means a qualified beneficiary other than a current beneficiary. (3) “Successor beneficiary” means a beneficiary that is not a qualified beneficiary on the date the beneficiary’s qualification is determined. The term does not include a person that is a beneficiary only because the person holds a nongeneral power of appointment. (4) “Vested interest” means any of the following: (A) A right to a mandatory distribution that is a noncontingent right as of the date of the exercise of the decanting power. (B) A current and noncontingent right, annually or more frequently, to a mandatory distribution of income, a specified dollar amount, or a percentage of value of some or all of the trust property. (C) A current and noncontingent right, annually or more frequently, to withdraw income, a specified dollar amount, or a percentage of value of some or all of the trust property. (D) A presently exercisable general power of appointment. (E) A right to receive an ascertainable part of the trust property on the trust’s termination that is not subject to the exercise of discretion or to the occurrence of a specified event that is not certain to occur. (b) Subject to subdivision (c) and Section 19514, an authorized fiduciary that has expanded distributive discretion over the principal of a first trust for the benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust. (c) Subject to Section 19513, in an exercise of the decanting power under this section, a second trust may not do any of the following: (1) Include as a current beneficiary a person that is not a current beneficiary of the first trust, except as otherwise provided in subdivision (d). (2) Include as a presumptive remainder beneficiary or successor beneficiary a person that is not a current beneficiary, presumptive remainder beneficiary, or successor beneficiary of the first trust, except as otherwise provided in subdivision (d). (3) Reduce or eliminate a vested interest. (d) Subject to paragraph (3) of subdivision (c) and Section 19514, in an exercise of the decanting power under this section, a second trust may be a trust created or administered under the law of any jurisdiction and may do each of the following: (1) Retain a power of appointment granted in the first trust. (2) Omit a power of appointment granted in the first trust, other than a presently exercisable general power of appointment. (3) Create or modify a power of appointment if the powerholder is a current beneficiary of the first trust and the authorized fiduciary has expanded distributive discretion to distribute principal to the beneficiary. (4) Create or modify a power of appointment if the powerholder is a presumptive remainder beneficiary or successor beneficiary of the first trust, but the exercise of the power may take effect only after the powerholder becomes, or would have become if then living, a current beneficiary. (e) A power of appointment described in paragraphs (1) to (4), inclusive, of subdivision (d) may be general or nongeneral. The class of permissible appointees in favor of which the power may be exercised may be broader than, or different from, the beneficiaries of the first trust. (f) If an authorized fiduciary has expanded distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has expanded distributive discretion. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19512. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
An authorized fiduciary with limited distributive discretion may exercise decanting power over the first trust principal, and a second trust may be created or administered under any jurisdiction subject to Section 19514.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19512. (a) For purposes of this section, “limited distributive discretion” means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard. (b) An authorized fiduciary that has limited distributive discretion over the principal of the first trust for benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust. (c) Under this section and subject to Section 19514, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, shall grant each beneficiary of the first trust beneficial interests which are substantially similar to the beneficial interests of the beneficiary in the first trust. For purposes of this subdivision, “substantially similar” means that there is no material change in a beneficiary’s beneficial interests, except as provided in subdivision (d). (d) A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if it satisfies any of the following conditions: (1) The distribution is applied for the benefit of the beneficiary. (2) The beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under this code. (3) The distribution is made as permitted under the terms of the first trust instrument and the second trust instrument for the benefit of the beneficiary. (e) If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has limited distributive discretion. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19513. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
A special needs fiduciary may use the decanting power over a first trust’s principal if the second trust is a special needs trust for the disabled beneficiary and the action furthers the first trust’s purposes.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19513. (a) For purposes of this section: (1) “Beneficiary with a disability” means a beneficiary of a first trust who the special needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual who has been adjudicated legally incompetent. (2) “Governmental benefits” means financial aid or services from a state, federal, or other public agency. (3) “Special needs fiduciary” means, with respect to a trust that has a beneficiary with a disability, any of the following: (A) A trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the principal of a first trust to one or more current beneficiaries. (B) If no trustee or fiduciary has discretion under subparagraph (A), a trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the income of the first trust to one or more current beneficiaries. (C) If no trustee or fiduciary has discretion under subparagraphs (A) and (B), a trustee or other fiduciary, other than a settlor, that is required to distribute part or all of the income or principal of the first trust to one or more current beneficiaries. (4) “Special needs trust” means a trust the trustee believes would not be considered a resource for purposes of determining whether a beneficiary with a disability is eligible for governmental benefits. (b) A special needs fiduciary may exercise the decanting power under Section 19511 over the principal of a first trust as if the fiduciary had authority to distribute principal to a beneficiary with a disability subject to expanded distributive discretion if both of the following conditions are satisfied: (1) A second trust is a special needs trust that benefits the beneficiary with a disability. (2) The special needs fiduciary determines that exercise of the decanting power will further the purposes of the first trust. (c) In an exercise of the decanting power under this section, all of the following rules apply: (1) Notwithstanding paragraph (2) of subdivision (c) of Section 19511, the interest in the second trust of a beneficiary with a disability may fulfill either of the following: (A) Be a pooled trust as defined by Medicaid law for the benefit of the beneficiary with a disability under Section 1396p(d)(4)(C) of the Public Health and Welfare Code (42 U.S.C. Sec. 1396p(d)(4)(C)). (B) Contain payback provisions complying with reimbursement requirements of Medicaid law under Section 1396p(d)(4)(A) of the Public Health and Welfare Code (42 U.S.C. Sec. 1396p(d)(4)(A)). (2) Paragraph (3) of subdivision (c) of Section 19511 does not apply to the interests of the beneficiary with a disability. (3) Except as affected by any change to the interests of the beneficiary with a disability, the second trust, or if there are two or more second trusts, the second trusts in the aggregate, shall grant each other beneficiary of the first trust beneficial interests in the second trusts which are substantially similar to the beneficiary’s beneficial interests in the first trust. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19514. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
This section defines certain charitable interests and limits what second trusts may do when a first trust contains a charitable interest.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19514. (a) For purposes of this section: (1) “Determinable charitable interest” means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time and that is unconditional or will be held solely for charitable purposes. (2) “Unconditional” means not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the United States Internal Revenue Code of 1986 on the date of the distribution, if the charitable organization meets the requirement on the date of determination. (b) If a first trust contains a determinable charitable interest, the Attorney General has the rights of a qualified beneficiary and may represent and bind the charitable interest. (c) If a first trust contains a charitable interest, the second trust or trusts may not do any of the following: (1) Diminish the charitable interest. (2) Diminish the interest of an identified charitable organization that holds the charitable interest. (3) Alter any charitable purpose stated in the first trust instrument. (4) Alter any condition or restriction related to the charitable interest. (d) If there are two or more second trusts, the second trusts shall be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subdivision (c). (e) If a first trust contains a determinable charitable interest, the second trust or trusts that include a charitable interest pursuant to subdivision (c) shall be administered under the law of this state unless any of the following occur: (1) The Attorney General, after receiving notice under Section 19507, fails to object in a signed writing delivered to the authorized fiduciary within the notice period. (2) The Attorney General consents in a signed writing to the second trust or trusts being administered under the law of another jurisdiction. (3) The court approves the exercise of the decanting power. (f) This part does not limit the powers and duties of the Attorney General under law of this state other than this part. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19515. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
An authorized fiduciary may exercise decanting power only within the first trust instrument’s limits, and must carry any express prohibition or restriction into the second trust instrument.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19515. (a) An authorized fiduciary may not exercise the decanting power to the extent the first trust instrument expressly prohibits exercise of either of the following: (1) The decanting power. (2) A power granted by state law to the fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust. (b) Exercise of the decanting power is subject to any restriction in the first trust instrument that expressly applies to exercise of either of the following: (1) The decanting power. (2) A power granted by state law to a fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust. (c) A general prohibition of the amendment or revocation of a first trust, a spendthrift clause, or a clause restraining the voluntary or involuntary transfer of a beneficiary’s interest does not preclude exercise of the decanting power. (d) Subject to subdivisions (a) and (b), an authorized fiduciary may exercise the decanting power under this part even if the first trust instrument permits the authorized fiduciary or another person to modify the first trust instrument or to distribute part or all of the principal of the first trust to another trust. (e) If a first trust instrument contains an express prohibition described in subdivision (a) or an express restriction described in subdivision (b), the authorized fiduciary shall include that provision or restriction in the second trust instrument. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19516. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
An authorized fiduciary may not use decanting to raise compensation above the stated or permitted amount unless all qualified beneficiaries of the second trust consent in writing or the court approves.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19516. (a) If a first trust instrument specifies an authorized fiduciary’s compensation, the fiduciary may not exercise the decanting power to increase the fiduciary’s compensation above the specified compensation unless either of the following occurs: (1) All qualified beneficiaries of the second trust consent to the increase in a signed writing. (2) The increase is approved by the court. (b) If a first trust instrument does not specify an authorized fiduciary’s compensation, the fiduciary may not exercise the decanting power to increase the fiduciary’s compensation above the compensation permitted by this code unless either of the following occurs: (1) All qualified beneficiaries of the second trust consent to the increase in a signed writing. (2) The increase is approved by the court. (c) (1) A change in an authorized fiduciary’s compensation which is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary’s compensation for purposes of subdivisions (a) and (b). (2) For purposes of this subdivision, an incidental change to an authorized fiduciary’s compensation includes, but is not limited to, an increase in the compensation of the authorized fiduciary for either of the following reasons: (A) The second trust lasts longer than the first trust. (B) The second trust has a greater value than the first trust. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19517. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
A second trust instrument cannot give an authorized fiduciary more liability protection than the first trust instrument, and it cannot reduce fiduciary liability overall.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19517. (a) Except as otherwise provided in this section, a second trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first trust instrument. (b) A second trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised. (c) A second trust instrument may not reduce fiduciary liability in the aggregate. (d) Subject to subdivision (c), a second trust instrument may reallocate fiduciary powers among fiduciaries as permitted by the law of this state other than this part. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19518. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
An authorized fiduciary may not use decanting to change a trust term that gives someone else the power to remove or replace the fiduciary, unless one of the listed consent or court-approval conditions is met.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19518. An authorized fiduciary may not exercise the decanting power to modify a provision in a first trust instrument granting another person power to remove or replace the fiduciary unless any of the following occurs: (a) The person holding the power consents to the modification in a signed writing and the modification applies only to the person. (b) The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed writing and the modification grants a substantially similar power to another person. (c) The court approves the modification and the modification grants a substantially similar power to another person. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19519. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
This section limits how a trust decanting can be done so the second trust does not lose certain tax benefits or trust qualifications.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19519. (a) For purposes of this section: (1) “Grantor trust” means a trust as to which a settlor of a first trust is considered the owner under Sections 671 to 677, inclusive, or Section 679 of the Internal Revenue Code (26 U.S.C. Secs. 671 to 677, 679). (2) “Nongrantor trust” means a trust that is not a grantor trust. (3) “Qualified benefits property” means property subject to the minimum distribution requirements of Section 401(a)(9) of the Internal Revenue Code (26 U.S.C. Sec. 401(a)(9)), and any applicable regulations, or to any similar requirements that refer to Section 401(a)(9) of the Internal Revenue Code (26 U.S.C. Sec. 401(a)(9)) or the regulations. (b) An exercise of the decanting power is subject to all of the following limitations: (1) If a first trust contains property that qualified, or would have qualified but for provisions of this part other than this section, for a marital deduction for purposes of the gift or estate tax under the Internal Revenue Code or a state gift, estate, or inheritance tax, the second trust instrument shall not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified. (2) If the first trust contains property that qualified, or would have qualified but for provisions of this part other than this section, for a charitable deduction for purposes of the income, gift, or estate tax under the Internal Revenue Code or a state income, gift, estate, or inheritance tax, the second trust instrument shall not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified. (3) If the first trust contains property that qualified, or would have qualified but for provisions of this part other than this section, for the exclusion from the gift tax described in Section 2503(b) of the Internal Revenue Code (26 U.S.C. Sec. 2503(b)), the second trust instrument shall not include or omit a term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under Section 2503(b) of the Internal Revenue Code (26 U.S.C. Sec. 2503(b)). If the first trust contains property that qualified, or would have qualified but for provisions of this part other than this section, for the exclusion from the gift tax described in Section 2503(b) of the Internal Revenue Code (26 U.S.C. Sec. 2503(b)) by application of Section 2503(c) of the Internal Revenue Code (26 U.S.C. Sec. 2503(c)), the second trust instrument shall not include or omit a term that, if included or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under Section 2503(c) of the Internal Revenue Code (26 U.S.C. Sec. 2503(c)). (4) If the property of the first trust includes shares of stock in an S-corporation, as defined in Section 1361 of the Internal Revenue Code (26 U.S.C. Sec. 1361) and the first trust is, or but for provisions of this part other than this section would be, a permitted shareholder under any provision of Section 1361 of the Internal Revenue Code (26 U.S.C. Sec. 1361), an authorized fiduciary may exercise the power with respect to part or all of the S-corporation stock only if any second trust receiving the stock is a permitted shareholder under Section 1361(c)(2) of the Internal Revenue Code (26 U.S.C. Sec. 1361(c)(2)). If the property of the first trust includes shares of stock in an S-corporation and the first trust is, or but for provisions of this part other than this section would be, a qualified subchapter-S trust within the meaning of Section 1361(d) of the Internal Revenue Code (26 U.S.C. Sec. 1361(d)), the second trust instrument shall not include or omit a term that prevents the second trust from qualifying as a qualified subchapter-S trust. (5) If the first trust contains property that qualified, or would have qualified but for provisions of this part other than this section, for a zero inclusion ratio for purposes of the generation-skipping transfer tax under Section 2642(c) of the Internal Revenue Code (26 U.S.C. Sec. 2642(c)), the second trust instrument shall not include or omit a term that, if included in or omitted from the first trust instrument, would have prevented the transfer to the first trust from qualifying for a zero inclusion ratio under Section 2642(c) of the Internal Revenue Code (26 U.S.C. Sec. 2642(c)). (6) If the first trust is directly or indirectly the beneficiary of qualified benefits property, the second trust instrument may not include or omit any term that, if included in or omitted from the first trust instrument, would have increased the minimum distributions required with respect to the qualified benefits property under Section 401(a)(9) of the Internal Revenue Code (26 U.S.C. Sec. 401(a)(9)) and any applicable regulations, or any similar requirements that refer to Section 401(a)(9) of the Internal Revenue Code (26 U.S.C. Sec. 401(a)(9)) or the regulations. If an attempted exercise of the decanting power violates the preceding sentence, the trustee is deemed to have held the qualified benefits property and any reinvested distributions of the property as a separate share from the date of the exercise of the power and Section 19522 applies to the separate share. (7) If the first trust qualifies as a grantor trust because of the application of Section 672(f)(2)(A) of the Internal Revenue Code (26 U.S.C. Sec. 672(f)(2)(A)), the second trust may not include or omit a term that, if included in or omitted from the first trust instrument, would have prevented the first trust from qualifying under Section 672(f)(2)(A) of the Internal Revenue Code (26 U.S.C. Sec. 672(f)(2)(A)). (8) In this paragraph, “tax benefit” means a federal or state tax deduction, exemption, exclusion, or other benefit not otherwise listed in this section, except for a benefit arising from being a grantor trust. Subject to paragraph (9), a second trust instrument may not include or omit a term that, if included in or omitted from the first trust instrument, would have prevented qualification for a tax benefit if both of the following apply: (A) The first trust instrument expressly indicates an intent to qualify for the benefit or the first trust instrument clearly is designed to enable the first trust to qualify for the benefit. (B) The transfer of property held by the first trust or the first trust qualified, or, but for provisions of this part other than this section, would have qualified for the tax benefit. (9) (A) Subject to paragraph (4), and except as otherwise provided in paragraph (7), the second trust may be a nongrantor trust, even if the first trust is a grantor trust. (B) Subject to paragraph (4), and except as otherwise provided in paragraph (10), the second trust may be a grantor trust, even if the first trust is a nongrantor trust. (10) An authorized fiduciary may not exercise the decanting power if a settlor objects in a signed writing delivered to the fiduciary within the notice period and either of the following conditions is satisfied: (A) The first trust and a second trust are both grantor trusts, in whole or in part, the first trust grants the settlor or another person the power to cause the first trust to cease to be a grantor trust, and the second trust does not grant an equivalent power to the settlor or other person. (B) The first trust is a nongrantor trust and a second trust is a grantor trust, in whole or in part, with respect to the settlor, unless either of the following apply: (i) The settlor has the power at all times to cause the second trust to cease to be a grantor trust. (ii) The first trust instrument contains a provision granting the settlor or another person a power that would cause the first trust to cease to be a grantor trust and the second trust instrument contains the same provision. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 1952. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
Certain conservators or authorized petitioners may file a petition for a limited conservator to consent to sterilization of an adult with a developmental disability.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1952. The conservator of an adult, or any person authorized to file a petition for the appointment of a conservator under paragraphs (2) to (5), inclusive, of subdivision (a) of Section 1820, may file a petition under this chapter for appointment of a limited conservator authorized to consent to the sterilization of an adult with a developmental disability. The content of the petition under this chapter shall conform to the provisions of Section 1821 and in addition allege that the person for whom sterilization is proposed has a developmental disability as defined in Section 1420 and shall allege specific reasons why court-authorized sterilization is deemed necessary. A petition under this chapter shall be considered separately from any contemporaneous petition for appointment of a conservator under this division. (Enacted by Stats. 1990, Ch. 79.) - 19520. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
A second trust may have the same or a different duration than the first trust.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19520. (a) Subject to subdivision (b), a second trust may have a duration that is the same as, or different from, the duration of the first trust. (b) To the extent that property of a second trust is attributable to property of the first trust, the property of the second trust is subject to any rules governing maximum perpetuity, accumulation, or suspension of the power of alienation that apply to property of the first trust. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19521. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
An authorized fiduciary may exercise decanting power even if the fiduciary would not have made, or could not have been compelled to make, a discretionary principal distribution under the first trust’s standard.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19521. An authorized fiduciary may exercise the decanting power whether or not under the first trust’s discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19522. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
If a decanting exercise would otherwise work but the second trust instrument does not fully comply, the exercise can still be effective, with certain noncompliant provisions void or treated as included. A trustee or other fiduciary who later finds this happened must take corrective action consistent with fiduciary duties.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19522. (a) If exercise of the decanting power would be effective under this part, except that the second trust instrument in part does not comply with this part, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power: (1) A provision in the second trust instrument that is not permitted under this part is void to the extent necessary to comply with this part. (2) A provision required by this part to be in the second trust instrument, which is not contained in the instrument, is deemed to be included in the instrument to the extent necessary to comply with this part. (b) If a trustee or other fiduciary of a second trust determines that subdivision (a) applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary’s duties. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19523. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
If the first trust is an animal trust, the second trust must limit trust property to its intended purpose for the relevant period. A protector for an animal has the rights of a qualified beneficiary under this part.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19523. (a) For purposes of this section: (1) “Animal trust” means a trust or an interest in a trust described in Section 15212. (2) “Protector” means either of the following: (A) A person appointed in an animal trust to enforce the trust on behalf of the animal as described in subdivision (c) of Section 15212 or, if no person is appointed in the trust for that purpose, a person appointed by the court for that purpose. (B) A nonprofit charitable corporation described in subdivision (e) of Section 15212 that has requested an accounting in writing. (b) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this part if each animal that benefits from the trust were an individual, if the protector consents in a signed writing to the exercise of the power. (c) A protector for an animal has the rights under this part of a qualified beneficiary. (d) Notwithstanding any other provision of this part, if a first trust is an animal trust, in an exercise of the decanting power, the second trust shall provide that trust property may be applied only to its intended purpose for the period the first trust benefited the animal. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19524. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
A reference to a trust instrument or the terms of the trust also includes a second trust instrument and its terms.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19524. A reference in this code to a trust instrument or terms of the trust includes a second trust instrument and the terms of the second trust. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19525. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
A settlor of a first trust is treated as the settlor of a second trust for the relevant portion of principal, and an authorized fiduciary may consider certain settlor intents when determining settlor intent for the second trust.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19525. (a) For purposes of the law of this state other than this part and subject to subdivision (b), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power. (b) In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19526. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
This section says how later-discovered or newly acquired property is treated after use of a trust decanting power, depending on whether all or only part of the first trust’s principal was meant to be distributed.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19526. (a) Except as otherwise provided in subdivision (c), if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts. (b) Except as otherwise provided in subdivision (c), if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust. (c) An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19527. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
A debt, liability, or other enforceable obligation tied to the first trust remains enforceable against the second trust’s property after a decanting power is exercised.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19527. A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 19529. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
This section says it does not restrict a trustee from asking the court for instructions, other approval, or modification of a trust.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19529. This part does not limit a trustee’s ability to petition for instructions or other approval under a trust pursuant to Chapter 3 (commencing with Section 17200) of Part 5 or to petition for modification of a trust pursuant to Chapter 3 (commencing with Section 15400) of Part 2. (Amended by Stats. 2019, Ch. 497, Sec. 212. (AB 991) Effective January 1, 2020.) - 1953. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
Notice of the hearing and a copy of the petition must be served at least 90 days before the hearing, and the court may authorize another service method.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1953. At least 90 days before the hearing on the petition under this chapter, notice of the time and place of the hearing and a copy of the petition shall be served on the person named in the petition and, if the petitioner is not the conservator of the person, on the conservator, if any. Service shall be made in the manner provided in Section 415.10 or Section 415.30 of the Code of Civil Procedure or in such manner as may be authorized by the court. (Enacted by Stats. 1990, Ch. 79.) - 19530. Verify source ↗
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. )
This section says the part is severable: if one provision or its application is invalid, the rest can still stand if they can work without it.
## Probate Code - PROB ## DIVISION 9. TRUST LAW [15000 - 19530] ( Division 9 enacted by Stats. 1990, Ch. 79. ) ## PART 9. Uniform Trust Decanting Act [19501 - 19530] ( Part 9 added by Stats. 2018, Ch. 407, Sec. 1. ) ## 19530. The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.) - 1954. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
If the person named in a sterilization-consent petition has not retained counsel and does not plan to, the court must immediately appoint the public defender or private counsel, and counsel must represent the person as though they 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1954. In any proceeding under this chapter, if the person named in the petition for court authorization to consent to sterilization has not retained legal counsel and does not plan to retain legal counsel, the court shall immediately appoint the public defender or private counsel to represent the individual for whom sterilization is proposed. Counsel shall undertake the representation with the presumption that the individual opposes the petition. (Enacted by Stats. 1990, Ch. 79.) - 1954.5. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
The court must appoint a facilitator for the person named in the petition, and the facilitator must help that person understand the proceedings, the Section 1955 evaluation process, communicate views, and participate as fully as possible.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1954.5. (a) The court shall appoint a facilitator for the person named in the petition, who shall assist the person named in the petition to do all of the following: (1) Understand the nature of the proceedings. (2) Understand the evaluation process required by Section 1955. (3) Communicate his or her views. (4) Participate as fully as possible in the proceedings. (b) All of the following factors shall be considered by the court in appointing a facilitator: (1) The preference of the person named in the petition. (2) The proposed facilitator’s personal knowledge of the person named in the petition. (3) The proposed facilitator’s ability to communicate with the person named in the petition, when that person is nonverbal, has limited verbal skills, or relies on alternative modes of communication. (4) The proposed facilitator’s knowledge of the developmental disabilities service system. (c) The petitioner may not be appointed as the facilitator. (Enacted by Stats. 1990, Ch. 79.) - 1955. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
The court must request the regional center director to coordinate an investigation and file a written report. Before the hearing, the person proposed for sterilization must be examined by specified medical and mental health professionals, and the examiners must consider alternatives to sterilization.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1955. (a) The court shall request the director of the appropriate regional center for the developmentally disabled to coordinate an investigation and prepare and file a written report thereon. The appropriate regional center for purposes of this section is (1) the regional center of which the person named in the petition is a client, (2) if the individual named in the petition is not a client of any regional center, the regional center responsible for the area in which the individual is then living, or (3) such other regional center as may be in the best interests of the individual. The report shall be based upon comprehensive medical, psychological, and sociosexual evaluations of the individual conducted pursuant to subdivisions (b) and (c), and shall address, but shall not be limited to, each of the factors listed in Section 1958. A copy of the report shall be provided to each of the parties at least 15 days prior to the hearing. (b) Prior to the hearing on the issue of sterilization, the person who is proposed to be sterilized shall be personally examined by two physicians, one of whom shall be a surgeon competent to perform the procedure, and one psychologist or clinical social worker, each of whom has been mutually agreed to by the petitioner and counsel for the person named in the petition or, if agreement is not reached, appointed by the court from a panel of qualified professionals. At the request of counsel for the person named in the petition, the court shall appoint one additional psychologist, clinical social worker, or physician named by counsel. Any psychologist or clinical social worker and, to the extent feasible, any physicians conducting an examination shall have had experience with persons who have developmental disabilities. To the extent feasible, each of the examiners shall also have knowledge and experience relating to sociosexual skills and behavior. The examinations shall be at county expense subject to Section 1963. (c) The examiners shall consider all available alternatives to sterilization and shall recommend sterilization only if no suitable alternative is available. Each examiner shall prepare a written, comprehensive report containing all relevant aspects of the person’s medical, psychological, family, and sociosexual conditions. Each examiner shall address those factors specified in Section 1958 related to his or her particular area of expertise. In considering the factors in subdivision (a) of, and paragraph (1) of subdivision (d) of, Section 1958, each examiner shall include information regarding the intensity, extent, and recentness of the person’s education and training, if any, regarding human sexuality, including birth control methods and parenting skills, and in addition, shall consider whether the individual would benefit from training provided by persons competent in education and training of persons with comparable intellectual impairments. If an examiner recommends against sterilization, the examiner shall set forth in his or her report available alternatives, including, as warranted, recommendations for sex education, parent training, or training in the use of alternative methods of contraception. Copies of each report shall be furnished at least 30 days prior to the hearing on the petition to the person or persons who filed the petition, the conservator, if any, and counsel for the person proposed to be sterilized, the regional center responsible for the investigation and report required under this section, and such other persons as the court may direct. The court may receive these reports in evidence. (d) The contents of the reports prepared pursuant to this section shall be confidential. Upon judgment in the action or the proceeding becoming final, the court shall order the contents of the reports sealed. (e) Regional centers for the developmentally disabled shall compile and maintain lists of persons competent to perform the examinations required by this section. These lists shall be provided to the court. If the person named in the petition resides at a state hospital or other residential care facility, no person conducting an examination pursuant to subdivision (b) shall be an employee of the facility. (f) Any party to the proceedings has the right to submit additional reports from qualified experts. (g) Any person who has written a report received in evidence may be subpoenaed and questioned by any party to the proceedings or by the court and when so called is subject to all rules of evidence including those of legal objections as to the qualification of expert witnesses. (h) No regional center or person acting in his or her capacity as a regional center employee may file a petition under Section 1952. (Enacted by Stats. 1990, Ch. 79.) - 1956. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
The person the petition applies to must attend the hearing unless medical inability prevents attendance.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1956. The person to whom the petition applies shall be present at the hearing except for reason of medical inability. Emotional or psychological instability is not good cause for the absence of the proposed conservatee from the hearing unless, by reason of the instability, attendance at the hearing is likely to cause serious and immediate physiological damage to the proposed conservatee. (Enacted by Stats. 1990, Ch. 79.) - 1957. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
The court must, as far as possible, consider the views of the individual before authorizing sterilization.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1957. To the greatest extent possible, the court shall elicit and take into account the views of the individual for whom sterilization is proposed in determining whether sterilization is to be authorized. (Enacted by Stats. 1990, Ch. 79.) - 1958. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
A court may let a conservator consent to sterilization only if the petitioner proves several listed facts beyond a reasonable doubt.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1958. The court may authorize the conservator of a person proposed to be sterilized to consent to the sterilization of that person only if the court finds that the petitioner has established all of the following beyond a reasonable doubt: (a) The person named in the petition is incapable of giving consent to sterilization, as defined in Section 1951, and the incapacity is in all likelihood permanent. (b) Based on reasonable medical evidence, the individual is fertile and capable of procreation. (c) The individual is capable of engaging in, and is likely to engage in sexual activity at the present or in the near future under circumstances likely to result in pregnancy. (d) Either of the following: (1) The nature and extent of the individual’s disability as determined by empirical evidence and not solely on the basis of any standardized test, renders him or her permanently incapable of caring for a child, even with appropriate training and reasonable assistance. (2) Due to a medical condition, pregnancy or childbirth would pose a substantially elevated risk to the life of the individual to such a degree that, in the absence of other appropriate methods of contraception, sterilization would be deemed medically necessary for an otherwise nondisabled woman under similar circumstances. (e) All less invasive contraceptive methods including supervision are unworkable even with training and assistance, inapplicable, or medically contraindicated. Isolation and segregation shall not be considered as less invasive means of contraception. (f) The proposed method of sterilization entails the least invasion of the body of the individual. (g) The current state of scientific and medical knowledge does not suggest either (1) that a reversible sterilization procedure or other less drastic contraceptive method will shortly be available, or (2) that science is on the threshold of an advance in the treatment of the individual’s disability. (h) The person named in the petition has not made a knowing objection to his or her sterilization. For purposes of this subdivision, an individual may be found to have knowingly objected to his or her sterilization notwithstanding his or her inability to give consent to sterilization as defined in Section 1951. In the case of persons who are nonverbal, have limited verbal ability to communicate, or who rely on alternative modes of communication, the court shall ensure that adequate effort has been made to elicit the actual views of the individual by the facilitator appointed pursuant to Section 1954.5, or by any other person with experience in communicating with developmentally disabled persons who communicate using similar means. (Enacted by Stats. 1990, Ch. 79.) - 1959. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
The court must not consider a disabled person’s possible vulnerability to unlawful sexual conduct when deciding whether to authorize sterilization under this chapter.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1959. The fact that, due to the nature or severity of his or her disability, a person for whom an authorization to consent to sterilization is sought may be vulnerable to sexual conduct by others that would be deemed unlawful, shall not be considered by the court in determining whether sterilization is to be authorized under this chapter. (Enacted by Stats. 1990, Ch. 79.) - 1960. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
If the petitioned person already has a conservator, the court may let that conservator consent to sterilization or appoint another limited conservator. The court must also make sure the designated conservator can properly represent and protect the conservatee’s 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1960. If the person named in the petition already has a conservator, the court may authorize that person to consent to sterilization or may appoint another person as limited conservator under the provisions of this chapter. The court shall ensure that the person or agency designated as conservator under this chapter is capable of adequately representing and safeguarding the interests of the conservatee. (Enacted by Stats. 1990, Ch. 79.) - 1961. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
A sterilization procedure authorized under this chapter must not include hysterectomy or castration, unless a Section 1955 report says either is medically necessary; then the court must proceed under Section 2357.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1961. A sterilization procedure authorized under this chapter shall not include hysterectomy or castration. However, if the report prepared under Section 1955 indicates that hysterectomy or castration is a medically necessary treatment, regardless of the need for sterilization, the court shall proceed pursuant to Section 2357. (Enacted by Stats. 1990, Ch. 79.) - 1962. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
Court orders granting a petition under this chapter must include a written statement of decision, and the Judicial Council must set rules for notice and procedure for the appeal.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1962. (a) Any court order granting a petition under this chapter shall be accompanied by a written statement of decision pursuant to Section 632 of the Code of Civil Procedure detailing the factual and legal bases for the court’s determination on each of the findings required under Section 1958. (b) When a judgment authorizing the conservator of a person to consent to the sterilization is rendered, an appeal is automatically taken by the person proposed to be sterilized without any action by that person, or by his or her counsel. The Judicial Council shall provide by rule for notice of and procedure for the appeal. The appeal shall have precedence over other cases in the court in which the appeal is pending. (Enacted by Stats. 1990, Ch. 79.) - 1963. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
The court may order certain persons to pay court costs and fees, based on financial ability, and may enforce the order like a money judgment.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1963. (a) At the conclusion of the hearing, the court, after inquiring into financial ability, may make an order based upon their ability that any one or more of the following persons pay court costs and fees in whole or in part as in the opinion of the court is proper and in any installments and manner which is both reasonable and compatible with ability to pay: (1) The person to whom the petition applies. (2) The petitioner. (3) Any person liable for the support and maintenance of the person to whom the petition applies. (b) An order under subdivision (a) may be enforced in the same manner as a money judgment. (c) For the purposes of this section, court costs and fees include the costs of any examination or investigation ordered by the court, expert witnesses’ fees, and the costs and fees of the court-appointed public defender or private counsel representing the person to whom the petition applies. (d) Any fees and costs not ordered to be paid by persons under subdivision (a) are a charge against and paid out of the treasury of the county on order of the court. (Enacted by Stats. 1990, Ch. 79.) - 1964. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
A court order allowing a conservator to consent to sterilization expires after one year from the final appeal decision unless the court ends it sooner.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1964. An order of the court authorizing a conservator to consent to sterilization which is upheld on appeal automatically expires in one year from the final determination on appeal unless earlier terminated by the court. A conservatorship established for the sole purpose of authorizing a conservator to consent to sterilization under this chapter shall automatically terminate upon completion of the sterilization procedure or upon expiration of the court’s order authorizing the conservator to consent to sterilization, whichever occurs first. If, upon the expiration of the court’s order under this chapter, the person named as conservator determines that the conservatorship is still required for the purpose of this chapter, he or she may petition the court for reappointment as conservator for a succeeding six-month period upon a showing of good cause as to why any sterilization authorized by the court has not been completed. (Enacted by Stats. 1990, Ch. 79.) - 1965. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
Court orders under this chapter that grant authority to consent to sterilization must be stayed while an appeal is pending.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1965. Any court order made pursuant to this chapter granting authority to consent to sterilization shall be stayed pending a final determination on appeal. (Enacted by Stats. 1990, Ch. 79.) - 1966. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
After a first sterilization petition is denied on the stated proof issue, a later petition may be filed only if there has been a material change in circumstances.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1966. After the filing of a first petition for sterilization pursuant to this chapter and a determination by the court that any one or more of the conditions required in Section 1958 has not been proven beyond a reasonable doubt, and that therefore authorization for the proposed sterilization should not be given by the court, a subsequent petition may be filed only on the showing of a material change in circumstances. (Enacted by Stats. 1990, Ch. 79.) - 1967. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
A petitioner or participant in a sterilization proceeding is generally not liable if the sterilization is carried out under this chapter, except for injury from negligent or willful misconduct. A person who knowingly seeks authorization to consent to sterilization when the other person can already consent commits a misdemeanor and may also face civil liability.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1967. (a) The sterilization of a person in accordance with this chapter does not render the petitioner or any person participating in the conservatorship proceedings or sterilization liable, either civilly or criminally, except for any injury caused by negligent or willful misconduct in the performance of the sterilization. (b) Notwithstanding the provisions of subdivision (a), any individual who petitions for authorization to consent to sterilization knowing that the person to whom the petition relates is capable of giving consent to sterilization as defined in Section 1951 is guilty of a misdemeanor, and may be civilly liable to the person concerning whom sterilization was sought. (Enacted by Stats. 1990, Ch. 79.) - 1968. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
This section says the chapter does not forbid medical treatment or surgery when it is needed for other medical reasons, even if sterilization may be an unavoidable or medically probable result, as long as sterilization is not the purpose of the treatment or surgery.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1968. This chapter does not prohibit medical treatment or surgery required for other medical reasons and in which sterilization is an unavoidable or medically probable consequence, but is not the object of the treatment or surgery. (Enacted by Stats. 1990, Ch. 79.) - 1969. 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
This chapter may not interfere with competent persons with developmental disabilities giving consent to sterilization without a court order or substitute decisionmaker.
## 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 6. Sterilization [1950 - 1969] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1969. Nothing in this chapter shall infringe on the right of persons with developmental disabilities who are capable of giving consent to sterilization to give that consent without the necessity of a court order or substitute decisionmaker. (Enacted by Stats. 1990, Ch. 79.) - 1970. 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 7. Unwarranted Petitions [1970- 1970.] ( Chapter 7 added by Stats. 2008, Ch. 293, Sec. 3. )
A court may treat certain repeated, unmeritorious petitions by someone other than the conservatee as grounds to find that person a vexatious litigant.
## 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 7. Unwarranted Petitions [1970- 1970.] ( Chapter 7 added by Stats. 2008, Ch. 293, Sec. 3. ) ## 1970. (a) The Legislature finds that unwarranted petitions, applications, or motions other than discovery motions after a conservatorship has been established create an environment that can be harmful to the conservatee and are inconsistent with the goal of protecting the conservatee. (b) Notwithstanding Section 391 of the Code of Civil Procedure, if a person other than the conservatee files a petition for termination of the conservatorship, or instruction to the conservator, that is unmeritorious or intended to harass or annoy the conservator, and the person has previously filed pleadings in the conservatorship proceedings that were unmeritorious or intended to harass or annoy the conservator, the petition shall be grounds for the court to determine that the person is a vexatious litigant for the purposes of Title 3A (commencing with Section 391) of Part 2 of the Code of Civil Procedure. For these purposes, the term “new litigation” shall include petitions for visitation, termination of the conservatorship, or instruction to the conservator. (Added by Stats. 2008, Ch. 293, Sec. 3. Effective January 1, 2009.) - 1980. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 1. General Provisions [1980 - 1986] ( Article 1 added by Stats. 2014, Ch. 553, Sec. 20. )
This section states the Legislature’s intent to enact a modified version of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act and says the chapter may be cited as the California Conservatorship Jurisdiction 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 1. General Provisions [1980 - 1986] ( Article 1 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1980. (a) By enacting this chapter, it is the Legislature’s intent to enact a modified version of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. (b) This chapter may be cited as the “California Conservatorship Jurisdiction Act.” (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1981. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 1. General Provisions [1980 - 1986] ( Article 1 added by Stats. 2014, Ch. 553, Sec. 20. )
This section says the chapter does not apply to minors, certain minor-related proceedings, involuntary mental health proceedings, and Article 3 for adults with developmental disabilities, and it limits application for conservatees with major neurocognitive disorder.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 1. General Provisions [1980 - 1986] ( Article 1 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1981. (a) (1) This chapter does not apply to a minor, regardless of whether the minor is or was married. (2) This chapter does not apply to any proceeding in which a person is appointed to provide personal care or property administration for a minor, including, but not limited to, a guardianship under Part 2 (commencing with Section 1500). (b) This chapter does not apply to any proceeding in which a person is involuntarily committed to a mental health facility or subjected to other involuntary mental health care, including, but not limited to, any of the following proceedings or any proceeding that is similar in substance: (1) A proceeding under Sections 1026 to 1027, inclusive, of the Penal Code. (2) A proceeding under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code. (3) A proceeding under Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code. (4) A proceeding under Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5 of the Welfare and Institutions Code. (5) A proceeding under Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code, which is also known as the Lanterman-Petris-Short Act. (6) A proceeding under Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (7) A proceeding under Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (c) Article 3 (commencing with Section 2001) does not apply to an adult with a developmental disability, or to any proceeding in which a person is appointed to provide personal care or property administration for an adult with a developmental disability, including, but not limited to, the following types of proceedings: (1) A proceeding under Article 7.5 (commencing with Section 416) of Chapter 2 of Part 1 of Division 1 of the Health and Safety Code. (2) A limited conservatorship under subdivision (d) of Section 1801. (3) A proceeding under Section 4825 of the Welfare and Institutions Code. (4) A proceeding under Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (d) Application of this chapter to a conservatee with major neurocognitive disorder is subject to the express limitations of Sections 2002 and 2016, as well as the other requirements of this chapter. (Amended by Stats. 2017, Ch. 122, Sec. 4. (SB 413) Effective January 1, 2018.) - 1982. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 1. General Provisions [1980 - 1986] ( Article 1 added by Stats. 2014, Ch. 553, Sec. 20. )
This section defines terms used in the chapter on interstate jurisdiction, transfer, and recognition for conservatorships.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 1. General Provisions [1980 - 1986] ( Article 1 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1982. In this chapter: (a) “Adult” means an individual who has attained 18 years of age. (b) “Conservatee” means an adult for whom a conservator of the estate, a conservator of the person, or a conservator of the person and estate has been appointed. (c) “Conservator” means a person appointed by the court to serve as a conservator of the estate, a conservator of the person, or a conservator of the person and estate. (d) “Conservator of the estate” means a person appointed by the court to administer the property of an adult, including, but not limited to, a person appointed for that purpose under subdivision (b) of Section 1801. (e) “Conservator of the person” means a person appointed by the court to make decisions regarding the person of an adult, including, but not limited to, a person appointed for that purpose under subdivision (a) of Section 1801. (f) “Conservator of the person and estate” means a person appointed by the court to make decisions regarding the person of an adult and to administer the property of that adult, including, but not limited to, a person appointed for those purposes under subdivision (c) of Section 1801. (g) “Conservatorship order” means an order appointing a conservator of the estate, a conservator of the person, or a conservator of the person and estate in a conservatorship proceeding. (h) “Conservatorship proceeding” means a judicial proceeding in which an order for the appointment of a conservator of the estate, a conservator of the person, or a conservator of the person and estate is sought or has been issued. (i) “Party” means the conservatee, proposed conservatee, petitioner, conservator, proposed conservator, or any other person allowed by the court to participate in a conservatorship proceeding. (j) “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. (k) “Proposed conservatee” means an adult for whom a conservatorship order is sought. (l) “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. (m) Notwithstanding Section 74, “state” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1983. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 1. General Provisions [1980 - 1986] ( Article 1 added by Stats. 2014, Ch. 553, Sec. 20. )
A court of this state may treat a foreign country as if it were a state when applying this article and Articles 2, 3, and 5.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 1. General Provisions [1980 - 1986] ( Article 1 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1983. A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and Articles 2, 3, and 5. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1984. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 1. General Provisions [1980 - 1986] ( Article 1 added by Stats. 2014, Ch. 553, Sec. 20. )
A California court may communicate with a court in another state about a proceeding under this chapter, and it may let the parties participate. In general, the court must make a record of the communication, but communications about schedules, calendars, court records, and other administrative matters do not need a record.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 1. General Provisions [1980 - 1986] ( Article 1 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1984. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subdivision (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred. (b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1985. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 1. General Provisions [1980 - 1986] ( Article 1 added by Stats. 2014, Ch. 553, Sec. 20. )
In a conservatorship case, a California court may ask a court in another state to help with hearings, evidence, evaluations, investigations, records, appearances, and release of relevant information.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 1. General Provisions [1980 - 1986] ( Article 1 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1985. (a) In a conservatorship proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing. (2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state. (3) Order that an evaluation or assessment be made of the proposed conservatee. (4) Order any appropriate investigation of a person involved in a proceeding. (5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4). (6) Issue any order necessary to ensure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the conservatee or the proposed conservatee. (7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in Section 160.103 of Title 45 of the Code of Federal Regulations. (b) If a court of another state in which a conservatorship proceeding is pending requests assistance of the kind provided in subdivision (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. (c) Travel and other necessary and reasonable expenses incurred under subdivisions (a) and (b) may be assessed against the parties according to the law of this state. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1986. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 1. General Provisions [1980 - 1986] ( Article 1 added by Stats. 2014, Ch. 553, Sec. 20. )
In a conservatorship proceeding, California courts may allow and manage out-of-state witness testimony, including depositions and remote testimony, and must cooperate with the other state’s court on location.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 1. General Provisions [1980 - 1986] ( Article 1 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1986. (a) In a conservatorship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken. (b) In a conservatorship proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1991. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. )
This section defines “emergency,” “home state,” and “significant-connection state,” and requires the court to consider listed factors when deciding whether a proposed conservatee has a significant connection with a state.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1991. (a) In this article: (1) “Emergency” means a circumstance that likely will result in substantial harm to a proposed conservatee’s health, safety, or welfare, and for which the appointment of a conservator of the person is necessary because no other person has authority and is willing to act on behalf of the proposed conservatee. (2) “Home state” means the state in which the proposed conservatee was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a conservatorship order, or, if none, the state in which the proposed conservatee was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition. (3) “Significant-connection state” means a state, other than the home state, with which a proposed conservatee has a significant connection other than mere physical presence and in which substantial evidence concerning the proposed conservatee is available. (b) In determining under Section 1993 and subdivision (e) of Section 2001 whether a proposed conservatee has a significant connection with a particular state, the court shall consider all of the following: (1) The location of the proposed conservatee’s family and other persons required to be notified of the conservatorship proceeding. (2) The length of time the proposed conservatee at any time was physically present in the state and the duration of any absence. (3) The location of the proposed conservatee’s property. (4) The extent to which the proposed conservatee has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver’s license, social relationship, and receipt of services. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1992. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. )
For a conservatorship proceeding covered by this article, this article is the only basis for deciding whether California courts or another state’s courts may appoint a 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1992. For a conservatorship proceeding governed by this article, this article provides the exclusive basis for determining whether the courts of this state, as opposed to the courts of another state, have jurisdiction to appoint a conservator of the person, a conservator of the estate, or a conservator of the person and estate. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1993. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. )
A court of this state may appoint a conservator for a proposed conservatee only when one of the listed jurisdictional 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1993. (a) A court of this state has jurisdiction to appoint a conservator for a proposed conservatee if this state is the proposed conservatee’s home state. (b) A court of this state has jurisdiction to appoint a conservator for a proposed conservatee if, on the date the petition is filed, this state is a significant-connection state and the proposed conservatee does not have a home state. (c) A court of this state has jurisdiction to appoint a conservator for a proposed conservatee if, on the date the petition is filed, this state is a significant-connection state and a court of the proposed conservatee’s home state has expressly declined to exercise jurisdiction because this state is a more appropriate forum. (d) A court of this state has jurisdiction to appoint a conservator for a proposed conservatee if both of the following conditions are satisfied: (1) On the date the petition is filed, this state is a significant-connection state, the proposed conservatee has a home state, and a conservatorship petition is not pending in a court of the home state or another significant-connection state. (2) Before the court makes the appointment, no conservatorship petition is filed in the proposed conservatee’s home state, no objection to the court’s jurisdiction is filed by a person required to be notified of the proceeding, and the court in this state concludes that it is an appropriate forum under the factors set forth in Section 1996. (e) A court of this state has jurisdiction to appoint a conservator for a proposed conservatee if all of the following conditions are satisfied: (1) This state does not have jurisdiction under subdivision (a), (b), (c), or (d). (2) The proposed conservatee’s home state and all significant-connection states have expressly declined to exercise jurisdiction because this state is the more appropriate forum. (3) Jurisdiction in this state is consistent with the constitutions of this state and the United States. (f) A court of this state has jurisdiction to appoint a conservator for a proposed conservatee if the requirements for special jurisdiction under Section 1994 are met. (Amended by Stats. 2019, Ch. 497, Sec. 211. (AB 991) Effective January 1, 2020.) - 1994. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. )
A California court without jurisdiction under Section 1993 may still take limited special jurisdiction steps, including appointing temporary or other conservators in specified emergencies or property situations, but it must follow the listed procedures and may have to dismiss an emergency petition if the home state asks.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1994. (a) A court of this state lacking jurisdiction under subdivisions (a) to (e), inclusive, of Section 1993 has special jurisdiction to do any of the following: (1) Appoint a temporary conservator of the person in an emergency for a proposed conservatee who is physically present in this state. In making an appointment under this paragraph, a court shall follow the procedures specified in Chapter 3 (commencing with Section 2250) of Part 4. The temporary conservatorship shall terminate in accordance with Section 2257. (2) Appoint a conservator of the estate with respect to real or tangible personal property located in this state. (3) Appoint a conservator of the person, conservator of the estate, or conservator of the person and estate for a proposed conservatee for whom a provisional order to transfer a proceeding from another state has been issued under procedures similar to Section 2001. In making an appointment under this paragraph, a court shall follow the procedures specified in Chapter 3 (commencing with Section 2250) of Part 4. The temporary conservatorship shall terminate in accordance with Section 2257. (b) If a petition for the appointment of a conservator of the person in an emergency is brought in this state and this state was not the home state of the proposed conservatee on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment of a temporary conservator of the person. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1995. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. )
A court that appointed a conservator under this chapter has exclusive and continuing jurisdiction over the proceeding, unless Section 1994 says 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1995. Except as otherwise provided in Section 1994, a court that has appointed a conservator consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment expires by its own terms. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1996. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. )
A California court may decline conservatorship jurisdiction if another state is a more appropriate forum, but it must follow notice, hearing, and written-order requirements.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1996. (a) (1) A court of this state having jurisdiction under Section 1993 to appoint a conservator may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (2) The issue of appropriate forum may be raised upon petition of any interested person, the court’s own motion, or the request of another court. (3) The petitioner, or, if there is no petitioner, the court in this state, shall give notice of the petition, motion, or request to the same persons and in the same manner as for a petition for a conservatorship under Section 1801. The notice shall state the basis for the petition, motion, or request, and shall inform the recipients of the date, time, and place of the hearing under paragraph (4). The notice shall also advise the recipients that they have a right to object to the petition, motion, or request. The notice to the potential conservatee shall inform the potential conservatee of the right to be represented by legal counsel if the potential conservatee so chooses, and to have legal counsel appointed by the court if the potential conservatee is unable to retain legal counsel. (4) The court shall hold a hearing on the petition, motion, or request. (b) If a court of this state declines to exercise its jurisdiction under subdivision (a), it shall grant the petition, motion, or request, and either dismiss or stay any conservatorship proceeding pending in this state. The court’s order shall be based on evidence presented to the court. The order shall be in a record and shall expressly state that the court declines to exercise its jurisdiction because a court of another state is a more appropriate forum. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a conservator of the person, conservator of the estate, or conservator of the person and estate be filed promptly in another state. (c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including all of the following: (1) Any expressed preference of the proposed conservatee. (2) Whether abuse, neglect, or exploitation of the proposed conservatee has occurred or is likely to occur and which state could best protect the proposed conservatee from the abuse, neglect, or exploitation. (3) The length of time the proposed conservatee was physically present in or was a legal resident of this or another state. (4) The location of the proposed conservatee’s family, friends, and other persons required to be notified of the conservatorship proceeding. (5) The distance of the proposed conservatee from the court in each state. (6) The financial circumstances of the estate of the proposed conservatee. (7) The nature and location of the evidence. (8) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence. (9) The familiarity of the court of each state with the facts and issues in the proceeding. (10) If an appointment were made, the court’s ability to monitor the conduct of the conservator. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1997. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. )
If a California court got conservatorship jurisdiction through unjustifiable conduct, it may decline to act, limit its action to a remedy, continue with the case after considering listed factors, and assess reasonable expenses against the responsible party.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1997. (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a conservator because of unjustifiable conduct, the court may do any of the following: (1) Decline to exercise jurisdiction. (2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the conservatee or proposed conservatee or the protection of the property of the conservatee or proposed conservatee or to prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a conservator of the person, conservator of the estate, or conservator of the person and estate is filed in a court of another state having jurisdiction. (3) Continue to exercise jurisdiction after considering all of the following: (A) The extent to which the conservatee or proposed conservatee and all persons required to be notified of the proceedings have acquiesced in the exercise of the court’s jurisdiction. (B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in subdivision (c) of Section 1996. (C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Section 1993. (b) If a court of this state determines that it acquired jurisdiction to appoint a conservator because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney’s fees, investigative fees, court costs, communication expenses, medical examination expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1998. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. )
When a conservatorship petition is filed in this state and the proposed conservatee’s home state is elsewhere, the petitioner must notify the people who would be entitled to notice in the home state.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1998. If a petition for the appointment of a conservator of the person, conservator of the estate, or conservator of the person and estate is brought in this state and this state was not the home state of the proposed conservatee on the date the petition was filed, in addition to complying with the notice requirements of this state, the petitioner shall give notice of the petition or of a hearing on the petition to those persons who would be entitled to notice of the petition or of a hearing on the petition if a proceeding were brought in the home state of the proposed conservatee. The notice shall be given in the same manner as notice is required to be given in this state. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 1999. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. )
When conservatorship petitions are filed in California and another state, the California court’s next steps depend on whether it has jurisdiction under Section 1993.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 2. Jurisdiction [1991 - 1999] ( Article 2 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 1999. Except for a petition for the appointment of a conservator under paragraph (1) or paragraph (2) of subdivision (a) of Section 1994, if a petition for the appointment of a conservator is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply: (a) If the court in this state has jurisdiction under Section 1993, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to Section 1993 before the appointment. (b) If the court in this state does not have jurisdiction under Section 1993, whether at the time the petition is filed or at any time before the appointment, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 2. Verify source ↗
## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. )
This section says code provisions that are substantially the same as earlier provisions are treated as restatements and continuations, not new enactments. It also says provisions that are the same in substance as a uniform act should be interpreted to help make the law uniform across states that adopt that provision.
## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 2. (a) A provision of this code, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be construed as a restatement and continuation thereof and not as a new enactment. (b) A provision of this code, insofar as it is the same in substance as a provision of a uniform act, shall be so construed as to effectuate the general purpose to make uniform the law in those states which enact that provision. (Enacted by Stats. 1990, Ch. 79.) - 20. Verify source ↗
## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )
The definitions in this part govern how this code is interpreted, unless the provision or context requires otherwise.
## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 20. Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code. (Amended by Stats. 1991, Ch. 82, Sec. 1. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.) - 200. Verify source ↗
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proceedings to Establish Death [200 - 204] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
If a person's death affects title to or an interest in real or personal property, another person claiming an interest in that property may start proceedings to establish the death.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proceedings to Establish Death [200 - 204] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 200. If title to or an interest in real or personal property is affected by the death of a person, another person who claims an interest in the property may commence proceedings pursuant to this chapter to establish the fact of the death. (Enacted by Stats. 1990, Ch. 79.) - 2001. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 3. Transfer of Conservatorship [2001 - 2003] ( Article 3 added by Stats. 2014, Ch. 553, Sec. 20. )
A conservator in this state may ask the court to transfer a conservatorship to another state, and the court must give notice, hold a hearing, and issue provisional and final orders if the listed 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 3. Transfer of Conservatorship [2001 - 2003] ( Article 3 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2001. (a) A conservator appointed in this state may petition the court to transfer the conservatorship to another state. (b) The petitioner shall give notice of a hearing on a petition under subdivision (a) to the persons that would be entitled to notice of a hearing on a petition in this state for the appointment of a conservator. (c) The court shall hold a hearing on a petition filed pursuant to subdivision (a). (d) The court shall issue an order provisionally granting a petition to transfer a conservatorship of the person, and shall direct the conservator of the person to petition for acceptance of the conservatorship in the other state, if the court is satisfied that the conservatorship will be accepted by the court in the other state and the court finds all of the following: (1) The conservatee is physically present in or is reasonably expected to move permanently to the other state. (2) An objection to the transfer has not been made or, if an objection has been made, the court determines that the transfer would not be contrary to the interests of the conservatee. (3) Plans for care and services for the conservatee in the other state are reasonable and sufficient. (e) The court shall issue a provisional order granting a petition to transfer a conservatorship of the estate, and shall direct the conservator of the estate to petition for acceptance of the conservatorship in the other state, if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds all of the following: (1) The conservatee is physically present in or is reasonably expected to move permanently to the other state, or the conservatee has a significant connection to the other state considering the factors in subdivision (b) of Section 1991. (2) An objection to the transfer has not been made or, if an objection has been made, the court determines that the transfer would not be contrary to the interests of the conservatee. (3) Adequate arrangements will be made for management of the conservatee’s property. (f) The court shall issue a provisional order granting a petition to transfer a conservatorship of the person and estate, and shall direct the conservator to petition for acceptance of the conservatorship in the other state, if the requirements of subdivision (d) and the requirements of subdivision (e) are both satisfied. (g) The court shall issue a final order confirming the transfer and terminating the conservatorship upon its receipt of both of the following: (1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to Section 2002. (2) The documents required to terminate a conservatorship in this state, including, but not limited to, any required accounting. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 2002. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 3. Transfer of Conservatorship [2001 - 2003] ( Article 3 added by Stats. 2014, Ch. 553, Sec. 20. )
For a conservatorship transferred into California, the conservator must petition the court to accept it, and the court must follow a notice, investigation, hearing, and review process before a final transfer order can be issued.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 3. Transfer of Conservatorship [2001 - 2003] ( Article 3 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2002. (a) (1) To confirm transfer of a conservatorship transferred to this state under provisions similar to Section 2001, the conservator shall petition the court in this state to accept the conservatorship. (2) The petition shall include a certified copy of the other state’s provisional order of transfer. (3) On the first page of the petition, the petitioner shall state that the conservatorship does not fall within the limitations of Section 1981. The body of the petition shall allege facts showing that this chapter applies and the requirements for transfer of the conservatorship are satisfied. (4) The petition shall specify any modifications necessary to conform the conservatorship to the law of this state, and the terms of a proposed final order accepting the conservatorship. (5) A petition for the appointment of a temporary conservator under Section 1994 and Chapter 3 (commencing with Section 2250) of Part 4 may be filed while a petition under this section is pending. The petition for the appointment of a temporary conservator shall request the appointment of a temporary conservator eligible for appointment in this state, and shall be limited to powers authorized for a temporary conservator in this state. For purposes of Chapter 3 (commencing with Section 2250) of Part 4, the court shall treat a petition under this section as the equivalent of a petition for a general conservatorship. (b) The petitioner shall give notice of a hearing on a petition under subdivision (a) to those persons that would be entitled to notice if the petition were a petition for the appointment of a conservator in both the transferring state and this state. The petitioner shall also give notice to any attorney of record for the conservatee in the transferring state and to any attorney appointed or appearing for the conservatee in this state. The petitioner shall give the notice in the same manner that notice of a petition for the appointment of a conservator is required to be given in this state, except that notice to the conservatee shall be given by mailing the petition instead of by personal service of a citation. (c) Any person entitled to notice under subdivision (b) may object to the petition on one or more of the following grounds: (1) Transfer of the proceeding would be contrary to the interests of the conservatee. (2) Under the law of the transferring state, the conservator is ineligible for appointment in this state. (3) Under the law of this state, the conservator is ineligible for appointment in this state, and the transfer petition does not identify a replacement who is willing and eligible to serve in this state. (4) This chapter is inapplicable under Section 1981. (d) Promptly after the filing of a petition under subdivision (a), the court shall appoint an investigator under Section 1454. The investigator shall promptly commence a preliminary investigation of the conservatorship, which focuses on the matters described in subdivision (f). (e) The court shall hold a hearing on a petition filed pursuant to subdivision (a). (f) The court shall issue an order provisionally granting a petition filed under subdivision (a) unless any of the following occurs: (1) The court determines that transfer of the proceeding would be contrary to the interests of the conservatee. (2) The court determines that, under the law of the transferring state, the conservator is ineligible for appointment in this state. (3) The court determines that, under the law of this state, the conservator is ineligible for appointment in this state, and the transfer petition does not identify a replacement who is willing and eligible to serve in this state. (4) The court determines that this chapter is inapplicable under Section 1981. (g) If the court issues an order provisionally granting the petition, the investigator shall promptly commence an investigation under Section 1851.1. (h) (1) Not later than 60 days after issuance of an order provisionally granting the petition, the court shall determine whether the conservatorship needs to be modified to conform to the law of this state. The court may take any action necessary to achieve compliance with the law of this state, including, but not limited to, striking or modifying any conservator powers that are not permitted under the law of this state. (2) At the same time that it makes the determination required by paragraph (1), the court shall review the conservatorship as provided in Section 1851.1. (3) The conformity determination and the review required by this subdivision shall occur at a hearing, which shall be noticed as provided in subdivision (b). (i) (1) The court shall issue a final order accepting the proceeding and appointing the conservator in this state upon completion of the conformity determination and review required by subdivision (h), or upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to Section 2001 transferring the proceeding to this state, whichever occurs later. In appointing a conservator under this paragraph, the court shall comply with Section 1830. (2) A transfer to this state does not become effective unless and until the court issues a final order under paragraph (1). A conservator may not take action in this state pursuant to a transfer petition unless and until the transfer becomes effective and all of the following steps have occurred: (A) The conservator has taken an oath in accordance with Section 2300. (B) The conservator has filed the required bond, if any. (C) The court has provided the information required by Section 1835 to the conservator. (D) The conservator has filed an acknowledgment of receipt as required by Section 1834. (E) The clerk of the court has issued the letters of conservatorship. (3) Paragraph (2) does not preclude a person who has been appointed as a temporary conservator pursuant to Chapter 3 (commencing with Section 2250) from taking action in this state pursuant to the order establishing the temporary conservatorship. (4) When a transfer to this state becomes effective, the conservatorship is subject to the law of this state and shall thereafter be treated as a conservatorship under the law of this state. If a law of this state, including, but not limited to, Section 2356.5, mandates compliance with special requirements to exercise a particular conservatorship power or take a particular step, the conservator of a transferred conservatorship may not exercise that power or take that step without first complying with those special requirements. (j) Except as otherwise provided by Section 1851.1, Chapter 3 (commencing with Section 1860), Chapter 9 (commencing with Section 2650) of Part 4, and other law, when the court grants a petition under this section, the court shall recognize a conservatorship order from the other state, including the determination of the conservatee’s incapacity and the appointment of the conservator. (k) The denial by a court of this state of a petition to accept a conservatorship transferred from another state does not affect the ability of the conservator to seek appointment as conservator in this state under Chapter 1 (commencing with Section 1800) of Part 3 if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 2003. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 3. Transfer of Conservatorship [2001 - 2003] ( Article 3 added by Stats. 2014, Ch. 553, Sec. 20. )
A provisional conservatorship transfer order may say that specific conservator powers do not transfer.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 3. Transfer of Conservatorship [2001 - 2003] ( Article 3 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2003. If a conservatorship is transferred under this article from a court of this state to the court of a California tribe or from the court of a California tribe to a court of this state, the order that provisionally grants the transfer may expressly provide that specified powers of the conservator will not be transferred. Jurisdiction over the specified powers will be retained by the transferring state and will not be included in the powers that are granted to the conservator in the state that accepts the transfer. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 201. Verify source ↗
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proceedings to Establish Death [200 - 204] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
These proceedings must be started in the superior court of the county where the decedent lived at death, or where the property is located, by filing a petition.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proceedings to Establish Death [200 - 204] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 201. (a) Proceedings under this chapter shall be commenced in the superior court of the county of which the decedent was a resident at the time of death or in the superior court of any county in which the property is located. (b) Proceedings under this chapter shall be commenced by filing a petition that sets forth all of the following information: (1) The jurisdictional facts. (2) A particular description of the affected property and of the interest of the petitioner in the property. (Enacted by Stats. 1990, Ch. 79.) - 20100. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [20100 - 20101] ( Article 1 enacted by Stats. 1990, Ch. 79. )
This section defines key terms used in the chapter on proration of estate taxes.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [20100 - 20101] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 20100. Except where the context otherwise requires, the following definitions shall govern the construction of this chapter: (a) “Estate tax” means a tax imposed by any federal or California estate tax law, now existing or hereafter enacted, and includes interest and penalties on any deficiency. (b) “Person interested in the estate” means any person, including a personal representative, entitled to receive, or who has received, from a decedent while alive or by reason of the death of the decedent any property or interest therein. (c) “Personal representative” includes a guardian, conservator, trustee, or other person charged with the responsibility of paying the estate tax. (d) “Property” means property included in the gross estate for federal estate tax purposes. (e) “Value” means fair market value as determined for federal estate tax purposes. (Enacted by Stats. 1990, Ch. 79.) - 20101. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [20100 - 20101] ( Article 1 enacted by Stats. 1990, Ch. 79. )
This chapter does not apply to estates involving a decedent who died before January 1, 1987.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [20100 - 20101] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 20101. (a) This chapter does not apply to persons interested in the estate of a decedent who died before January 1, 1987. (b) Notwithstanding the repeal of former Article 4a (commencing with Section 970) of Chapter 15 of Division 3 of the Probate Code by Chapter 783 of the Statutes of 1986, the provisions of that former article remain applicable where the decedent died before January 1, 1987. No inference as to the applicable law in effect before January 1, 1987, shall be drawn from the enactment of this chapter. (Enacted by Stats. 1990, Ch. 79.) - 2011. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. )
A conservator of the person appointed in another state may register the conservatorship order in a California superior court if no petition for appointment is pending in this state and required notice has been given.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2011. If a conservator of the person has been appointed in another state and a petition for the appointment of a conservator of the person is not pending in this state, the conservator of the person appointed in the other state, after providing notice pursuant to Section 2014, may register the conservatorship order in this state by filing certified copies of the order and letters of office, and proof of notice as required herein, together with a cover sheet approved by the Judicial Council, in the superior court of any appropriate county of this state. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 20110. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Estate taxes must generally be prorated among the persons interested in the estate, unless subdivision (b) or federal law provides otherwise.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20110. (a) Except as provided in subdivision (b), any estate tax shall be equitably prorated among the persons interested in the estate in the manner prescribed in this article. (b) This section does not apply: (1) To the extent the decedent in a written inter vivos or testamentary instrument disposing of property specifically directs that the property be applied to the satisfaction of an estate tax or that an estate tax be prorated to the property in the manner provided in the instrument. As used in this paragraph, an “instrument disposing of property” includes an instrument that creates an interest in property or an amendment to an instrument that disposes of property or creates an interest in property. (2) Where federal law directs otherwise. If federal law directs the manner of proration of the federal estate tax, the California estate tax shall be prorated in the same manner. (Enacted by Stats. 1990, Ch. 79.) - 20111. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. )
This section says estate-tax proration must be allocated among interested persons according to the value of property each receives, subject to this article.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20111. The proration required by this article shall be made in the proportion that the value of the property received by each person interested in the estate bears to the total value of all property received by all persons interested in the estate, subject to the provisions of this article. (Enacted by Stats. 1990, Ch. 79.) - 20112. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. )
When prorating estate taxes, credits, exemptions, deductions, interest, and penalties must be taken into account in the manner stated here.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20112. (a) In making a proration of the federal estate tax, allowances shall be made for credits allowed for state or foreign death taxes in determining the federal tax payable and for exemptions and deductions allowed for the purpose of determining the taxable estate. (b) In making a proration of the California estate tax, allowances shall be made for (1) credits (other than the credit for state death taxes paid) allowed by the federal estate tax law and attributable to property located in this state, and (2) exemptions and deductions allowed by the federal estate tax law for the purpose of determining the taxable estate attributable to property located in this state. (c) In making a proration of an estate tax, interest on extension of taxes and interest and penalties on any deficiency shall be charged to equitably reflect the benefits and burdens of the extension or deficiency and of any tax deductions associated with the interest and penalties. (Enacted by Stats. 1990, Ch. 79.) - 20113. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. )
If a trust or similar arrangement gives someone a temporary interest in property, the estate tax on that temporary interest and the remainder must be paid from the property’s corpus without apportionment.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20113. If a trust is created, or other provision made whereby a person is given an interest in the income of, an estate for years or for life in, or other temporary interest in, any property, the estate tax on both the temporary interest and on the remainder thereafter shall be charged against and paid out of the corpus of the property without apportionment between remainders and temporary estates. (Enacted by Stats. 1990, Ch. 79.) - 20114. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. )
This section defines “qualified real property” by reference and says estate-tax proration follows the federal estate tax amount that would apply without a Section 2032A election.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20114. (a) As used in this section, “qualified real property” means qualified real property as defined in Section 2032A of the Internal Revenue Code (26 U.S.C. Sec. 2032A). (b) If an election is made pursuant to Section 2032A of the Internal Revenue Code (26 U.S.C. Sec. 2032A), the proration shall be based upon the amount of federal estate tax that would be payable but for the election. The amount of the reduction in federal estate tax resulting from an election pursuant to Section 2032A of the Internal Revenue Code (26 U.S.C. Sec. 2032A) shall reduce the tax that is otherwise attributable to the qualified real property that is the subject of the election. If the tax that is otherwise attributable to the qualified real property is reduced to zero pursuant to this subdivision, any excess amount of reduction shall reduce the tax otherwise payable with respect to the other property, this amount to be equitably prorated in accordance with Section 20111. (c) If additional federal estate tax is imposed under subsection (c) of Section 2032A of the Internal Revenue Code (26 U.S.C. Sec. 2032A) by reason of early disposition or cessation of qualified use, the additional tax shall be a charge against the portion of the qualified real property to which the additional tax is attributable, and shall be equitably prorated among the persons interested in that portion of the qualified real property in proportion to their interests. (Enacted by Stats. 1990, Ch. 79.) - 20114.5. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. )
This section defines terms and says that if the federal estate tax is increased under a specified federal rule, the increase is charged to the people receiving the excess retirement accumulation and prorated among recipients of certain plan interests.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20114.5. (a) As used in this section: (1) A reference to Section 4980A of the Internal Revenue Code means Section 4980A of the federal Internal Revenue Code of 1986 as amended (26 U.S.C. Sec. 4980A) and also means former Section 4981A of the federal Internal Revenue Code of 1986. (2) “Excess retirement accumulation” has the meaning given it in paragraph (3) of subsection (d) of Section 4980A. (b) If the federal estate tax is increased under subsection (d) of Section 4980A of the Internal Revenue Code, the amount of the increase shall be a charge against the persons who receive the excess retirement accumulation that gives rise to the increase, and shall be equitably prorated among all persons who receive interests in qualified employer plans and individual retirement plans to which the excess retirement accumulation is attributable. (Amended by Stats. 2004, Ch. 183, Sec. 281. Effective January 1, 2005.) - 20115. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. )
If part of the federal estate tax payment is extended, the extended tax is charged against the people who receive the specific property that caused the extension.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20115. Where the payment of any portion of the federal estate tax is extended under the provisions of the federal estate tax law, the amount of extended tax shall be a charge against the persons who receive the specific property that gives rise to the extension. (Enacted by Stats. 1990, Ch. 79.) - 20116. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. )
If not all property passes to the personal representative, that representative must recover the estate tax share from the estate’s interested persons, and any uncollected amount is spread equitably among the others subject to proration.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20116. (a) If all property does not come into the possession of the personal representative, the personal representative is entitled, and has the duty, to recover from the persons interested in the estate the proportionate amount of the estate tax with which the persons are chargeable under this chapter. (b) If the personal representative cannot collect from any person interested in the estate the amount of an estate tax apportioned to the person, the amount not recoverable shall be equitably prorated among the other persons interested in the estate who are subject to proration. (Enacted by Stats. 1990, Ch. 79.) - 20117. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. )
A person who pays more estate tax than was prorated to them because someone else did not pay their share has a right to reimbursement.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20110 - 20117] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20117. (a) If a person is charged with or required to pay an estate tax greater than the amount prorated to that person because another person does not pay the amount of estate tax prorated to the other person, the person charged with or required to pay the greater amount has a right of reimbursement against the other person. (b) The right of reimbursement may be enforced through the personal representative in the discretion of the personal representative, or may be enforced directly by the person charged with or required to pay the greater amount, and for the purpose of direct enforcement the person is subrogated to the position of the personal representative. (c) The personal representative or person who has a right of reimbursement may commence a proceeding to have a court determine the right of reimbursement. The provisions of Article 3 (commencing with Section 20120) shall govern the proceeding, with changes necessary to make the provisions appropriate for application to the proceeding, and the court order determining the right of reimbursement is an enforceable judgment. (Enacted by Stats. 1990, Ch. 79.) - 2012. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. )
A conservator appointed in another state may register the conservatorship order in California if no conservatorship petition is pending here and notice has been given.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2012. If a conservator of the estate has been appointed in another state and a petition for a conservatorship of the estate is not pending in this state, the conservator appointed in the other state, after providing notice pursuant to Section 2014, may register the conservatorship order in this state by filing certified copies of the order and letters of office and of any bond, and proof of notice as required herein, together with a cover sheet approved by the Judicial Council, in the superior court of any county of this state in which property belonging to the conservatee is located. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 20120. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20120 - 20125] ( Article 3 enacted by Stats. 1990, Ch. 79. )
The personal representative or any person interested in the estate may start a proceeding for a court to determine tax proration.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20120 - 20125] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 20120. (a) The personal representative or any person interested in the estate may commence a proceeding to have a court determine the proration pursuant to this chapter. (b) A proceeding under this article shall be commenced in the court in which the estate of the decedent was administered or, if no administration proceedings have been commmenced, in the superior court of any county in which the estate of the decedent may be administered. (c) If proceedings for the administration of the decedent’s estate are pending, a proceeding under this article shall be combined with the administration proceedings. If a proceeding is commenced at any time before final distribution, there shall be no additional filing fee. (Enacted by Stats. 1990, Ch. 79.) - 20121. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20120 - 20125] ( Article 3 enacted by Stats. 1990, Ch. 79. )
A proceeding under this article must be started by filing a petition that includes the jurisdictional facts and other facts needed for the court to decide estate-tax proration.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20120 - 20125] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 20121. A proceeding under this article shall be commenced by filing a petition that sets forth all of the following information: (a) The jurisdictional facts. (b) Other facts necessary for the court to determine the proration of estate taxes. (Enacted by Stats. 1990, Ch. 79.) - 20122. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20120 - 20125] ( Article 3 enacted by Stats. 1990, Ch. 79. )
The petitioner must, at least 30 days before the hearing, give notice and a copy of the petition to certain estate recipients and serve a summons with a copy of the petition on others.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20120 - 20125] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 20122. Not less than 30 days before the hearing, the petitioner shall do both of the following: (a) Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the personal representative and to each person interested in the estate against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20123. (b) Cause a summons and a copy of the petition to be served on each person interested in the estate who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20123. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2017, Ch. 319, Sec. 106. (AB 976) Effective January 1, 2018.) - 20123. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20120 - 20125] ( Article 3 enacted by Stats. 1990, Ch. 79. )
If the court makes a determination under this article, it must issue orders about prorated estate taxes and payment.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20120 - 20125] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 20123. (a) The court, upon making a determination as provided in this article, shall make an order: (1) Directing the personal representative to charge the prorated amounts against the persons against whom an estate tax has been prorated insofar as the personal representative is in possession of any property or interests of the persons against whom the charge may be made. (2) Summarily directing all other persons against whom an estate tax has been prorated to make payment of the prorated amounts to the personal representative. (b) A court order made under this section is a judgment that may be enforced against the persons against whom an estate tax has been prorated. (Amended by Stats. 1997, Ch. 724, Sec. 31. Effective January 1, 1998.) - 20124. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20120 - 20125] ( Article 3 enacted by Stats. 1990, Ch. 79. )
If the estate tax amount later turns out to be different, the court must modify its prior order when a petition is filed by the personal representative or any interested person.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20120 - 20125] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 20124. Upon petition by the personal representative or any person interested in the estate, the court shall modify an order made pursuant to this article whenever it appears that the amount of estate tax as actually determined is different from the amount of estate tax on which the court based the order. (Enacted by Stats. 1990, Ch. 79.) - 20125. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20120 - 20125] ( Article 3 enacted by Stats. 1990, Ch. 79. )
A personal representative from another state may bring an action in this state to recover apportioned estate-tax amounts from certain interested persons, and the action must be filed in the proper superior court county.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proration of Estate Taxes [20100 - 20125] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20120 - 20125] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 20125. (a) A personal representative acting or resident in another state may commence an action in this state to recover from a person interested in the estate, who either is resident in this state or owns property in this state, the amount of the federal estate tax, or an estate tax or death duty payable to another state, apportioned to the person. (b) The action shall be commenced in the superior court of any county in which administration of the estate of the decedent would be proper or, if none, in which any defendant resides. (c) For purposes of the action the apportionment by the court having jurisdiction of the administration of the decedent’s estate in the other state is prima facie correct. (Enacted by Stats. 1990, Ch. 79.) - 2013. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. )
A conservator appointed in another state may register the conservatorship order in California if no related petition is pending here and notice has been provided as 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2013. If a conservator of the person and estate has been appointed in another state and a petition for a conservatorship of the person, conservatorship of the estate, or conservatorship of the person and estate is not pending in this state, the conservator appointed in the other state, after providing notice pursuant to Section 2014, may register the conservatorship order in this state by filing certified copies of the order and letters of office and of any bond, and proof of notice as required herein, together with a cover sheet approved by the Judicial Council, in the superior court of any appropriate county of this state. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 2014. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. )
A conservator must give advance notice before registering a conservatorship, and the notice must include specific warnings and explanations.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2014. (a) At least 15 days before registering a conservatorship in this state, the conservator shall provide notice of an intent to register to all of the following: (1) The court supervising the conservatorship. (2) Every person who would be entitled to notice of a petition for the appointment of a conservator in the state where the conservatorship is being supervised. (3) Every person who would be entitled to notice of a petition for the appointment of a conservator in this state. (b) Each notice provided pursuant to subdivision (a) shall comply with all of the following: (1) The notice shall prominently state that when a conservator acts pursuant to this article, the conservator is subject to the law of this state governing the action, including, but not limited to, all applicable procedures, and is not authorized to take any action prohibited by the law of this state. (2) The notice shall explain that if a conservatorship is registered pursuant to this article, and the conservator later proposes to take a specific action pursuant to this article, which, under the law of this state, requires court approval or other action in court, the conservator will be required to notify the recipient of the request for court approval or other court action, and the recipient will have an opportunity to object or otherwise participate at that time, in the same manner as other persons are entitled to object or otherwise participate under the law of this state. (3) The notice shall advise the recipient that information about a conservator’s rights, duties, limitations, and responsibilities under the law of this state is available, free of charge, on an Internet Web site maintained by the Judicial Council. The notice shall explain specifically how to locate that information on the Judicial Council’s Internet Web site. (c) Except as provided in subdivision (c) of Section 2023, each notice provided pursuant to subdivision (a) shall also prominently state that the registration is effective only while the conservatee resides in another jurisdiction and does not authorize the conservator to take any action while the conservatee is residing in this state. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 2015. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. )
When a conservatorship is registered, the court must give the conservator written information about rights, duties, limits, and responsibilities, and the conservator must file a receipt acknowledgment.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2015. Upon registration of a conservatorship pursuant to this article, the court shall provide the conservator with written information concerning a conservator’s rights, duties, limitations, and responsibilities in this state, as specified in Section 1835. To cover the costs of providing that information, a court may charge the conservator the fee specified in Section 1835, which shall be distributed as specified in that section. The conservator shall file an acknowledgment of receipt of the written information, on a form prescribed by the Judicial Council. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 2016. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. )
A registered out-of-state conservator may act in California only when the conservatee lives outside California and the conservator has filed the required acknowledgment; California law and special requirements still control.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2016. (a) Upon registration of a conservatorship order from another state and the filing by the conservator of an acknowledgment of receipt of the written information required by Section 2015, the conservator may, while the conservatee resides out of this state, exercise in any county of this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties. When acting pursuant to registration, the conservator is subject to the law of this state governing the action, including, but not limited to, all applicable procedures, and is not authorized to take any action prohibited by the law of this state. If a law of this state, including, but not limited to, Section 2352, 2352.5, 2355, 2356.5, 2540, 2543, 2545, or 2591.5, or Article 2 (commencing with Section 1880) of Chapter 4 of Part 4, mandates compliance with special requirements to exercise a particular conservatorship power or take a particular step, the conservator of a registered conservatorship may not exercise that power or take that step without first complying with those special requirements. (b) (1) When subdivision (a) requires a conservator to comply with a law of this state that makes it necessary to obtain court approval or take other action in court, the conservator shall seek that approval or proceed as needed in an appropriate court of this state. In handling the matter, that court shall communicate and cooperate with the court that is supervising the conservatorship, in accordance with Sections 1984 and 1985. (2) In addition to providing any other notice required by law, the conservator shall provide notice of a court proceeding under paragraph (1) to all of the following: (A) The court supervising the conservatorship. (B) Every person who would be entitled to notice of a petition for the appointment of a conservator in the state where the conservatorship is being supervised. (C) Every person who would be entitled to notice of a petition for the appointment of a conservator in this state. (3) Any person entitled to notice under paragraph (2) may raise an objection or otherwise participate in the proceeding in the same manner as other persons are allowed to do under the law of this state. (c) Subdivision (a) applies only when the conservatee resides out of this state. When the conservatee resides in this state, a conservator may not exercise any powers pursuant to a registration under this article. (d) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 2017. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. )
A third person is not liable for relying in good faith on a registered conservatorship order if the listed registration and notice 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2017. (a) A third person who acts in good faith reliance on a conservatorship order registered under this article is not liable to any person for so acting if all of the following requirements are satisfied: (1) The conservator presents to the third person a file-stamped copy of the registration documents required by Section 2011, 2012, or 2013, including, but not limited to, the certified copy of the conservatorship order. (2) Each of the registration documents, including, but not limited to, the conservatorship order and the file-stamped cover sheet, appears on its face to be valid. (3) The conservator presents to the third person a form approved by the Judicial Council, in which the conservator attests that the conservatee does not reside in this state and the conservator promises to promptly notify the third person if the conservatee becomes a resident of this state. The form shall also prominently state that the registration is effective only while the conservatee resides in another jurisdiction and does not authorize the conservator to take any action while the conservatee is residing in this state. (4) The third person has not received any actual notice that the conservatee is residing in this state. (b) Nothing in this section is intended to create an implication that a third person is liable for acting in reliance on a conservatorship order registered under this article under circumstances where the requirements of subdivision (a) are not satisfied. Nothing in this section affects any immunity that may otherwise exist apart from this section. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 2018. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. )
A file-stamped registration copy may be recorded with any county recorder in California, and the county recorder may charge a reasonable recordation fee.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2018. (a) A file-stamped copy of the registration documents required by Section 2011, 2012, or 2013 may be recorded in the office of any county recorder in this state. (b) A county recorder may charge a reasonable fee for recordation under subdivision (a). (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 2019. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. )
A conservatorship order from a California tribe’s court may be registered under Sections 2011, 2012, or 2013, even if the conservatee does not live in California.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 4. Registration and Recognition of Orders from Other States [2011 - 2019] ( Article 4 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2019. Notwithstanding any other provision of this article: (a) A conservatorship order of a court of a California tribe can be registered under Section 2011, 2012, or 2013, regardless of whether the conservatee resides in California. (b) The effect of a conservatorship order of a court of a California tribe that is registered under Section 2011, 2012, or 2013 is not contingent on whether the conservatee resides in California. (c) Paragraphs (3) and (4) of subdivision (a) of Section 2017 do not apply to a conservatorship order of a court of a California tribe. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 202. Verify source ↗
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proceedings to Establish Death [200 - 204] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
If estate administration proceedings are pending, this chapter’s death-establishment proceeding may be combined with them, and the petition must be filed by the person affected or the personal representative before final distribution, without any extra fee.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proceedings to Establish Death [200 - 204] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 202. If proceedings for the administration of the decedent’s estate are pending, proceedings under this chapter may be combined with the administration proceedings in the following manner: (a) The petition shall be filed in the administration proceedings by the person affected or by the personal representative. (b) The petition shall be filed at any time before the filing of a petition for final distribution. The petition may be included in a petition for probate of the will of the decedent or for letters. (c) The petition shall be filed without any additional fee. (Enacted by Stats. 1990, Ch. 79.) - 20200. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [20200 - 20201] ( Article 1 enacted by Stats. 1990, Ch. 79. )
This section defines key terms used in the chapter on prorating generation-skipping transfer taxes.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [20200 - 20201] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 20200. Except where the context otherwise requires, the following definitions shall govern the construction of this chapter: (a) “Generation-skipping transfer tax” means a tax imposed by any federal or California generation-skipping transfer tax law, now existing or hereafter enacted, and includes interest and penalties on any deficiency. (b) “Property” means property on which a generation-skipping transfer tax is imposed. (c) “Transferee” means any person who receives, who is deemed to receive, or who is the beneficiary of, any property. (d) “Trustee” means any person who is a trustee within the meaning of the federal generation-skipping transfer tax law, or who is otherwise required to pay a generation-skipping transfer tax. (e) “Value” means fair market value as determined for generation-skippi ng transfer tax purposes. (Enacted by Stats. 1990, Ch. 79.) - 20201. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [20200 - 20201] ( Article 1 enacted by Stats. 1990, Ch. 79. )
This chapter does not apply to transferees of property from a decedent who died before January 1, 1987.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [20200 - 20201] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 20201. (a) This chapter does not apply to transferees of property of a decedent who died before January 1, 1987. (b) No inference as to the applicable law in effect before January 1, 1987, shall be drawn from the enactment of this chapter. (Enacted by Stats. 1990, Ch. 79.) - 20210. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20210 - 20215] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Generation-skipping transfer tax must be equitably prorated among transferees, unless a written instrument directs otherwise or federal law controls.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20210 - 20215] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20210. (a) Except as provided in subdivision (b), any generation-skipping transfer tax shall be equitably prorated among the transferees in the manner prescribed in this article. (b) This section does not apply: (1) To the extent the transferor in a written instrument transferring property specifically directs that the property be applied to the satisfaction of a generation-skipping transfer tax or that a generation-skipping transfer tax be prorated to the property in the manner provided in the instrument. (2) Where federal law directs otherwise. If federal law directs the manner of proration of the federal generation-skipping transfer tax, the California generation-skipping transfer tax shall be prorated in the same manner. (Enacted by Stats. 1990, Ch. 79.) - 20211. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20210 - 20215] ( Article 2 enacted by Stats. 1990, Ch. 79. )
The required proration must be done in proportion to the value of property received by each transferee compared with the total value received by all transferees.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20210 - 20215] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20211. The proration required by this article shall be made in the proportion that the value of the property received by each transferee bears to the total value of all property received by all transferees, subject to the provisions of this article. (Enacted by Stats. 1990, Ch. 79.) - 20212. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20210 - 20215] ( Article 2 enacted by Stats. 1990, Ch. 79. )
When a proration is required under this article, allowances must be made for credits, exemptions, and deductions; interest and penalties on any deficiency are charged to reflect the related benefits and burdens equitably.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20210 - 20215] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20212. In making a proration required by this article: (a) Allowances shall be made for credits, exemptions, and deductions allowed for the purpose of determining the tax payable. (b) Interest and penalties on any deficiency shall be charged to equitably reflect the benefits and burdens of the deficiency and of any tax deductions associated with the interest and penalties. (Enacted by Stats. 1990, Ch. 79.) - 20213. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20210 - 20215] ( Article 2 enacted by Stats. 1990, Ch. 79. )
If a trust or similar arrangement gives someone a temporary interest in property, the tax on that temporary interest and any other interests is charged to and paid from the property’s corpus without apportionment.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20210 - 20215] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20213. If a trust is created or other provision made whereby a transferee is given an interest in income, or an estate for years or for life, or another temporary interest in property, the tax on both the temporary interest and other interests in the property shall be charged against, and paid out of, the corpus of the property without apportionment between the temporary and other interests. (Enacted by Stats. 1990, Ch. 79.) - 20214. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20210 - 20215] ( Article 2 enacted by Stats. 1990, Ch. 79. )
If the trustee does not receive all property, the trustee must recover the proportionate tax amount from transferees.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20210 - 20215] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20214. (a) If all property does not come into the possession of the trustee, the trustee is entitled, and has the duty, to recover from the transferees, the proportionate amount of the tax with which the transferees are chargeable under this chapter. (b) If the trustee cannot collect from any transferee the amount of tax apportioned to the transferee, the amount not recoverable shall be equitably prorated among the other transferees who are subject to proration. (Enacted by Stats. 1990, Ch. 79.) - 20215. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20210 - 20215] ( Article 2 enacted by Stats. 1990, Ch. 79. )
A person who pays more generation-skipping transfer tax than is prorated to them because another person fails to pay their share has a right to reimbursement.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proration [20210 - 20215] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 20215. (a) If a person is charged with, or required to pay, a generation-skipping transfer tax greater than the amount prorated to that person because another person does not pay the amount of generation-skipping transfer tax prorated to the other person, the person charged with or required to pay the greater amount has a right of reimbursement against the other person. (b) The right of reimbursement may be enforced through the trustee in the discretion of the trustee, or may be enforced directly by the person charged with, or required to pay, the greater amount and, for the purpose of direct enforcement, the person is subrogated to the position of the trustee. (c) The trustee or person who has a right of reimbursement may commence a proceeding to have a court determine the right of reimbursement. The provisions of Article 3 (commencing with Section 20220) shall govern the proceeding, with changes necessary to make the provisions appropriate for application to the proceeding, and the court order determining the right of reimbursement is an enforceable judgment. (Enacted by Stats. 1990, Ch. 79.) - 20220. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20220 - 20225] ( Article 3 enacted by Stats. 1990, Ch. 79. )
A trustee or transferee may start a court proceeding to determine tax proration, and the proceeding must be filed in the proper court. If estate administration is pending, it must be combined with that administration case.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20220 - 20225] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 20220. (a) The trustee or any transferee may commence a proceeding to have a court determine the proration pursuant to this chapter. (b) A proceeding under this article shall be commenced in the court in which the estate of the decedent was administered or, if no administration proceedings have been commenced, in the superior court of any county in which the estate of the decedent may be administered. (c) If proceedings for the administration of the decedent’s estate are pending, a proceeding under this article shall be combined with the administration proceedings. If a proceeding is commenced at any time before final distribution, there shall be no additional filing fee. (Enacted by Stats. 1990, Ch. 79.) - 20221. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20220 - 20225] ( Article 3 enacted by Stats. 1990, Ch. 79. )
A proceeding under this article must be started by filing a petition that includes the jurisdictional facts and any other facts needed for the court to decide proration of the generation-skipping transfer tax.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20220 - 20225] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 20221. A proceeding under this article shall be commenced by filing a petition that sets forth all of the following information: (a) The jurisdictional facts. (b) Other facts necessary for the court to determine the proration of the generation-skipping transfer tax. (Enacted by Stats. 1990, Ch. 79.) - 20222. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20220 - 20225] ( Article 3 enacted by Stats. 1990, Ch. 79. )
At least 30 days before the hearing, the petitioner must notify the trustee and certain transferees, and must serve a summons and the petition on certain transferees.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20220 - 20225] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 20222. Not less than 30 days before the hearing the petitioner shall do both of the following: (a) Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the trustee and each transferee against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20223. (b) Cause a summons and a copy of the petition to be served on each transferee who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20223. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2017, Ch. 319, Sec. 107. (AB 976) Effective January 1, 2018.) - 20223. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20220 - 20225] ( Article 3 enacted by Stats. 1990, Ch. 79. )
If the court makes a determination under this article, it must issue orders directing the trustee and other transferees to handle prorated generation-skipping transfer tax amounts.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20220 - 20225] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 20223. (a) The court, upon making a determination as provided in this article, shall make an order: (1) Directing the trustee to charge the prorated amounts against the transferees against whom the generation-skipping transfer tax has been prorated insofar as the trustee is in possession of any property or interests of the transferees against whom the charge may be made. (2) Summarily directing all other transferees against whom the generation-skipping transfer tax has been prorated to make payment of the prorated amounts to the trustee. (b) A court order made under this section is a judgment that may be enforced against the persons against whom a generation-skipping transfer tax has been prorated. (Amended by Stats. 1997, Ch. 724, Sec. 32. Effective January 1, 1998.) - 20224. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20220 - 20225] ( Article 3 enacted by Stats. 1990, Ch. 79. )
The court must modify a qualifying order if the actual generation-skipping transfer tax turns out to be different from the tax amount used for the order, on petition by the trustee or any transferee.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20220 - 20225] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 20224. Upon petition by the trustee or any transferee, the court shall modify an order made pursuant to this article whenever it appears that the amount of generation-skipping transfer tax as actually determined is different from the amount of tax on which the court based the order. (Enacted by Stats. 1990, Ch. 79.) - 20225. Verify source ↗
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20220 - 20225] ( Article 3 enacted by Stats. 1990, Ch. 79. )
A trustee who is acting or resident in another state may file an action in this state to recover apportioned generation-skipping transfer tax from a transferee with in-state residence or property.
## Probate Code - PROB ## DIVISION 10. PRORATION OF TAXES [20100 - 20225] ( Division 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proration of Taxes on Generation-Skipping Transfer [20200 - 20225] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Judicial Proceedings [20220 - 20225] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 20225. (a) A trustee acting or resident in another state may commence an action in this state to recover from a transferee, who either is resident in this state or owns property in this state, the amount of the federal generation-skipping transfer tax, or a generation-skipping transfer tax payable to another state, apportioned to the person. (b) The action shall be commenced in the superior court of any county in which administration of the estate of the decedent would be proper or, if none, in which any defendant resides. (c) For purposes of the action an apportionment by the court having jurisdiction of the administration of the decedent’s estate in the other state is prima facie correct. (Enacted by Stats. 1990, Ch. 79.) - 203. Verify source ↗
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proceedings to Establish Death [200 - 204] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
The hearing notice must be given under Section 1220, unless subdivision (b) applies. If the petitioner files an affidavit saying there is no reason to believe the petition will be opposed or contested, the court may act ex parte.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proceedings to Establish Death [200 - 204] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 203. (a) Except as provided in subdivision (b), notice of the hearing shall be given as provided in Section 1220. (b) If the person who commenced the proceedings files an affidavit with the petition stating that the person has no reason to believe there is any opposition to, or contest of, the petition, the court may act ex parte. (Enacted by Stats. 1990, Ch. 79.) - 2031. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 6. Federally Recognized Indian Tribe [2031 - 2033] ( Article 6 added by Stats. 2014, Ch. 553, Sec. 20. )
This section defines “California tribe,” “Indian tribe with jurisdiction,” and “Tribal land” for this chapter.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 3. CONSERVATORSHIP [1800 - 2033] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 6. Federally Recognized Indian Tribe [2031 - 2033] ( Article 6 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2031. For the purposes of this chapter: (a) “California tribe” means an Indian tribe with jurisdiction that has tribal land located in California. (b) “Indian tribe with jurisdiction” means a federally recognized Indian tribe that has a court system that exercises jurisdiction over proceedings that are substantially equivalent to conservatorship proceedings. (c) “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. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 2032. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 6. Federally Recognized Indian Tribe [2031 - 2033] ( Article 6 added by Stats. 2014, Ch. 553, Sec. 20. )
Article 2 (starting with Section 1991) does not apply to a proposed conservatee who is a member of an Indian tribe with jurisdiction.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 6. Federally Recognized Indian Tribe [2031 - 2033] ( Article 6 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2032. Article 2 (commencing with Section 1991) does not apply to a proposed conservatee who is a member of an Indian tribe with jurisdiction. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 2033. 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 6. Federally Recognized Indian Tribe [2031 - 2033] ( Article 6 added by Stats. 2014, Ch. 553, Sec. 20. )
In certain conservatorship cases, a notice recipient may move to dismiss the petition if the proposed conservatee is a member of an Indian tribe with jurisdiction, and the court may grant the motion if good cause exists.
## 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 8. Interstate Jurisdiction, Transfer, and Recognition: California Conservatorship Jurisdiction Act [1980 - 2033] ( Chapter 8 added by Stats. 2014, Ch. 553, Sec. 20. ) ## ARTICLE 6. Federally Recognized Indian Tribe [2031 - 2033] ( Article 6 added by Stats. 2014, Ch. 553, Sec. 20. ) ## 2033. (a) If a petition for the appointment of a conservator has been filed in a court of this state and a conservator has not yet been appointed, any person entitled to notice of a hearing on the petition may move to dismiss the petition on the grounds that the proposed conservatee is a member of an Indian tribe with jurisdiction. The petition shall state the name of the Indian tribe. (b) If, after communicating with the named tribe, the court of this state finds that the proposed conservatee is a member of an Indian tribe with jurisdiction, it may grant the motion to dismiss if it finds that there is good cause to do so. If the motion is granted, the court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a conservator be filed promptly in the tribal court. (c) In determining whether there is good cause to grant the motion, the court may consider all relevant factors, including, but not limited to, the following: (1) Any expressed preference of the proposed conservatee. (2) Whether abuse, neglect, or exploitation of the proposed conservatee has occurred or is likely to occur and which state could best protect the proposed conservatee from the abuse, neglect, or exploitation. (3) The length of time the proposed conservatee was physically present in or was a legal resident of this or another state. (4) The location of the proposed conservatee’s family, friends, and other persons required to be notified of the conservatorship proceeding. (5) The distance of the proposed conservatee from the court in each state. (6) The financial circumstances of the estate of the proposed conservatee. (7) The nature and location of the evidence. (8) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence. (9) The familiarity of the court of each state with the facts and issues in the proceeding. (10) If an appointment were made, the court’s ability to monitor the conduct of the conservator. (11) The timing of the motion, taking into account the parties’ and court’s expenditure of time and resources. (d) Notwithstanding subdivision (b), the court shall not grant a motion to dismiss pursuant to this section if the tribal court expressly declines to exercise its jurisdiction with regard to the proposed conservatee. (Added by Stats. 2014, Ch. 553, Sec. 20. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 204. Verify source ↗
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proceedings to Establish Death [200 - 204] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
The court may accept the petition and supporting affidavits as evidence and may issue a judgment establishing the fact of death.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Proceedings to Establish Death [200 - 204] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 204. (a) The petition and supporting affidavits may be received in evidence and acted upon by the court with the same force and effect as if the petitioner and affiants were personally present and testified to the facts set forth. (b) The court may render judgment establishing the fact of the death. The judgment is prima facie evidence of the fact of the death. The presumption established by this subdivision is a presumption affecting the burden of producing evidence. (Enacted by Stats. 1990, Ch. 79.) - 21. Verify source ↗
## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )
This section defines “account” to include several kinds of deposit arrangements, such as checking accounts, savings accounts, certificates of deposit, share accounts, and similar arrangements.
## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 21. “Account,” when used to mean a contract of deposit of funds between a depositor and a financial institution, includes a checking account, savings account, certificate of deposit, share account, mutual capital certificate, and other like arrangements. (Enacted by Stats. 1990, Ch. 79.) - 210. Verify source ↗
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Recording Evidence of Death [210 - 212] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
If real property is affected by a person’s death, any person may record specified documents in the county where the property is located.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Recording Evidence of Death [210 - 212] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 210. If title to real property is affected by the death of a person, any person may record in the county in which the property is located any of the following documents establishing the fact of the death: (a) An affidavit of death executed by a person having knowledge of the facts. The affidavit shall include a particular description of the real property and an attested or certified copy of a record of the death made and filed in a designated public office as required by law. For purposes of this subdivision, a certified copy issued in this state shall include any copy issued pursuant to Section 103525 of, subdivision (a) of Section 103526 of, or paragraph (1) of subdivision (b) of Section 103526 of, the Health and Safety Code. (b) A certified copy of a court order that determines the fact of death made pursuant to Chapter 1 (commencing with Section 200) or pursuant to another statute that provides for a determination of the fact of death. (Amended by Stats. 2013, Ch. 78, Sec. 4. (AB 464) Effective January 1, 2014.) - 2100. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Guardianships and conservatorships are governed by Division 3 and this division, unless another statute expressly provides otherwise.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2100. Guardianships and conservatorships are governed by Division 3 (commencing with Section 1000), except to the extent otherwise expressly provided by statute, and by this division. If no specific provision of this division is applicable, the provisions applicable to administration of estates of decedents govern so far as they are applicable to like situations. (Enacted by Stats. 1990, Ch. 79.) - 2101. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
A guardian-ward or conservator-conservatee relationship is treated as a fiduciary relationship and is governed by trust law, except where this division provides otherwise.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2101. The relationship of guardian and ward and of conservator and conservatee is a fiduciary relationship that is governed by the law of trusts, except as provided in this division. (Amended by Stats. 1993, Ch. 293, Sec. 2. Effective January 1, 1994.) - 2102. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Guardians and conservators are subject to court regulation and control when performing their official duties.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2102. A guardian or conservator is subject to the regulation and control of the court in the performance of the duties of the office. (Enacted by Stats. 1990, Ch. 79.) - 2103. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
When a final judgment or order under this division becomes final, it releases the guardian or conservator and the sureties from related claims; the section does not apply if the judgment or order was obtained by fraud, conspiracy, or material misrepresentation.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2103. (a) When a judgment or order made pursuant to this division becomes final, it releases the guardian or conservator and the sureties from all claims of the ward or conservatee and of any persons affected thereby based upon any act or omission directly authorized, approved, or confirmed in the judgment or order. For the purposes of this section, “order” includes an order settling an account of the guardian or conservator, whether an intermediate or final account. (b) This section does not apply where the judgment or order is obtained by fraud or conspiracy or by misrepresentation contained in the petition or account or in the judgment or order as to any material fact. For the purposes of this subdivision, misrepresentation includes, but is not limited to, the omission of a material fact. (Enacted by Stats. 1990, Ch. 79.) - 2104. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
A nonprofit charitable corporation may be appointed as a guardian or conservator if it is incorporated in the state, authorized in its articles, and has been providing care, counseling, or financial assistance under required supervision.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2104. (a) A nonprofit charitable corporation may be appointed as a guardian or conservator of the person or estate, or both, if all of the following requirements are met: (1) The corporation is incorporated in this state. (2) The articles of incorporation specifically authorize the corporation to accept appointments as guardian or conservator, as the case may be. (3) The corporation has been providing, at the time of appointment, care, counseling, or financial assistance to the proposed ward or conservatee under the supervision of a registered social worker certified by the Board of Behavioral Science Examiners of this state. (b) The petition for appointment of a nonprofit charitable corporation described in this section as a guardian or conservator shall include in the caption the name of a responsible corporate officer who shall act for the corporation for the purposes of this division. If, for any reason, the officer so named ceases to act as the responsible corporate officer for the purposes of this division, the corporation shall file with the court a notice containing (1) the name of the successor responsible corporate officer and (2) the date the successor becomes the responsible corporate officer. (c) If a nonprofit charitable corporation described in this section is appointed as a guardian or conservator: (1) The corporation’s compensation as guardian or conservator shall be allowed only for services actually rendered. (2) Any fee allowed for an attorney for the corporation shall be for services actually rendered. (Amended by Stats. 2001, Ch. 351, Sec. 1. Effective January 1, 2002.) - 2104.1. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
A nonprofit charitable corporation not incorporated in California may be appointed as guardian of a minor if specified authorization, federal contract, filing, licensing, and compliance 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 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2104.1. A nonprofit charitable corporation not incorporated in this state may be appointed as the guardian of a minor if all of the following requirements are met: (a) The articles of incorporation specifically authorize the nonprofit charitable corporation to accept appointments as a guardian. (b) The nonprofit charitable corporation is contracted by the federal Department of Health and Human Services, Office of Refugee Resettlement, or its successor federal government entity, to provide care and custody of the minor. (c) The petition for guardianship is filed in connection with a petition to make the necessary findings regarding special immigrant juvenile status pursuant to subdivision (b) of Section 155 of the Code of Civil Procedure. (d) The nonprofit charitable corporation is licensed by this state to provide care for minors. (e) The nonprofit charitable corporation complies with all of the requirements of Section 2104, except for paragraphs (1) and (2) of subdivision (a) of Section 2104. (Amended by Stats. 2021, Ch. 528, Sec. 2. (AB 829) Effective January 1, 2022.) - 2105. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
The court may appoint joint guardians or conservators, and appointed joint guardians must act together as required by the section.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2105. (a) The court, in its discretion, may appoint for a ward or conservatee: (1) Two or more joint guardians or conservators of the person. (2) Two or more joint guardians or conservators of the estate. (3) Two or more joint guardians or conservators of the person and estate. (b) When joint guardians or conservators are appointed, each shall qualify in the same manner as a sole guardian or conservator. (c) Subject to subdivisions (d) and (e): (1) Where there are two guardians or conservators, both must concur to exercise a power. (2) Where there are more than two guardians or conservators, a majority must concur to exercise a power. (d) If one of the joint guardians or conservators dies or is removed or resigns, the powers and duties continue in the remaining joint guardians or conservators until further appointment is made by the court. (e) Where joint guardians or conservators have been appointed and one or more are (1) absent from the state and unable to act, (2) otherwise unable to act, or (3) legally disqualified from serving, the court may, by order made with or without notice, authorize the remaining joint guardians or conservators to act as to all matters embraced within its order. (f) If a custodial parent has been diagnosed as having a terminal condition, as evidenced by a declaration executed by a licensed physician, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. However, this appointment shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parent’s custody would be detrimental to the minor, as provided in Section 3041 of the Family Code. It is the intent of the Legislature in enacting the amendments to this subdivision adopted during the 1995–96 Regular Session for a parent with a terminal condition to be able to make arrangements for the joint care, custody, and control of their minor children so as to minimize the emotional stress of, and disruption for, the minor children whenever the parent is incapacitated or upon the parent’s death, and to avoid the need to provide a temporary guardian or place the minor children in foster care, pending appointment of a guardian, as might otherwise be required. “Terminal condition,” for purposes of this subdivision, means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within reasonable medical judgment, result in death. (g) (1) If a custodial parent is temporarily unavailable due to circumstances, including, but not limited to, a serious medical condition or disability, military service, incarceration, or an immigration-related administrative action, specified in the parent’s nomination of a guardian, the court, in its discretion, may appoint the custodial parent and the person nominated by the custodial parent as joint guardians of the person of the minor. A nomination made pursuant to this subdivision shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parent’s custody would be detrimental to the minor, as provided in Section 3041 of the Family Code. (2) If a parent appointed as a joint guardian pursuant to this subdivision files a petition to terminate the joint guardianship because the conditions specified in the nomination, or otherwise stated in the petition for guardianship, no longer impairs the parent’s availability to provide care for their child, there shall be a presumption that termination would be in the child’s best interest. (3) All court records, petitions, orders, and documents related to the appointment of joint guardians pursuant to this subdivision shall be confidential, and shall be made available only to the persons who have been served in the proceeding and their attorneys, if applicable. The clerk of the court shall make provisions to limit access to these documents and any other information that personally identifies the minor, custodial parent, the appointed guardian, or family members who are a party to or identified in the proceeding. (4) Consistent with Section 7284.6 of the Government Code, information contained in these records shall not be disclosed to law enforcement officers or agencies or any entity engaged in immigration enforcement without a court order. (Amended by Stats. 2025, Ch. 664, Sec. 8. (AB 495) Effective January 1, 2026.) - 2105.5. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
When there is more than one guardian or conservator of an estate, one is generally not liable for another’s breach of fiduciary duty unless subdivision (b) applies.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2105.5. (a) Except as provided in subdivision (b), where there is more than one guardian or conservator of the estate, one guardian or conservator is not liable for a breach of fiduciary duty committed by another guardian or conservator. (b) Where there is more than one guardian or conservator of the estate, one guardian or conservator is liable for a breach of fiduciary duty committed by another guardian or conservator of the same estate under any of the following circumstances: (1) Where the guardian or conservator participates in a breach of fiduciary duty committed by the other guardian or conservator. (2) Where the guardian or conservator improperly delegates the administration of the estate to the other guardian or conservator. (3) Where the guardian or conservator approves, knowingly acquiesces in, or conceals a breach of fiduciary duty committed by the other guardian or conservator. (4) Where the guardian or conservator negligently enables the other guardian or conservator to commit a breach of fiduciary duty. (5) Where the guardian or conservator knows or has information from which the guardian or conservator reasonably should have known of the breach of fiduciary duty by the other guardian or conservator and fails to take reasonable steps to compel the other guardian or conservator to redress the breach. (c) The liability of a guardian or conservator for a breach of fiduciary duty committed by another guardian or conservator that occurred before July 1, 1988, is governed by prior law and not by this section. (Enacted by Stats. 1990, Ch. 79.) - 2106. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
The court may, in its discretion, appoint one guardian or conservator for several wards or conservatees.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2106. (a) The court, in its discretion, may appoint one guardian or conservator for several wards or conservatees. (b) The appointment of one guardian or conservator for several wards or conservatees may be requested in the initial petition filed in the proceeding or may be requested subsequently upon a petition filed in the same proceeding and noticed and heard with respect to the newly proposed ward or conservatee in the same manner as an initial petition for appointment of a guardian or conservator. (Enacted by Stats. 1990, Ch. 79.) - 2107. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
A California court-appointed guardian or conservator for a nonresident generally has the same powers and duties as one for a resident, subject to any court order limiting those powers.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2107. (a) Unless limited by court order, when a court of this state appoints a guardian or conservator of the person of a nonresident, the appointee has the same powers and duties as a guardian or conservator of the person of a resident while the nonresident is in this state. (b) When a court of this state appoints a guardian or conservator of the estate of a nonresident, the appointee has, with respect to the property of the nonresident within this state, the same powers and duties as a guardian or conservator of the estate of a resident. The responsibility of such a guardian or conservator with regard to inventory, accounting, and disposal of the estate is confined to the property that comes into the hands of the guardian or conservator in this state. (Amended by Stats. 2014, Ch. 553, Sec. 21. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.) - 2108. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
A court-appointed guardian named in the nomination may receive the authority described in the nomination, and a guardian for the estate or property may receive listed powers, unless the court orders otherwise for good cause.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2108. (a) Except to the extent the court for good cause determines otherwise, if a guardian of the person is nominated as provided in Article 1 (commencing with Section 1500) of Chapter 1 of Part 2 and is appointed by the court, the guardian shall be granted in the order of appointment, to the extent provided in the nomination, the same authority with respect to the person of the ward as a parent having legal custody of a child and may exercise such authority without notice, hearing, or court authorization, instructions, approval, or confirmation in the same manner as if such authority were exercised by a parent having legal custody of a child. (b) Except to the extent the court for good cause determines otherwise and subject to Sections 2593, 2594, and 2595, if a guardian of the estate is nominated under Section 1500 or a guardian for property is nominated under Section 1501 and the guardian is appointed by the court, the guardian shall be granted in the order of appointment, to the extent provided in the nomination, the right to exercise any one or more of the powers listed in Section 2591 without notice, hearing, or court authorization, instructions, approval, or confirmation in the same manner as if such authority were granted by order of the court under Section 2590. In the case of a guardian nominated under Section 1501, such additional authority shall be limited to the property covered by the nomination. (c) The terms of any order made under this section shall be included in the letters. (Enacted by Stats. 1990, Ch. 79.) - 2109. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
A guardian appointed for specific property has the same powers and duties as a guardian of the estate for that property, but the responsibility is limited to the nominated property.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2109. (a) Subject to Section 2108, a guardian appointed under subdivision (d) of Section 1514 for particular property upon a nomination made under Section 1501 has, with respect to that property, the same powers and duties as a guardian of the estate. The responsibility of such a guardian with regard to inventory, accounting, and disposal of the estate is confined to the property covered by the nomination. (b) When a guardian is appointed under subdivision (d) of Section 1514 for particular property upon a nomination made under Section 1501 and there is a guardian of the estate appointed under any other provision of Part 2 (commencing with Section 1500): (1) The guardian appointed for the property covered by the nomination manages and controls that property and the guardian of the estate manages and controls the balance of the guardianship estate. (2) Either guardian may petition under Section 2403 to the court in which the guardianship of the estate proceeding is pending for instructions concerning how the duties that are imposed by law upon the guardian of the estate are to be allocated between the two guardians. (Enacted by Stats. 1990, Ch. 79.) - 211. Verify source ↗
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Recording Evidence of Death [210 - 212] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
A county recorder must index a recorded fact-of-death document in the grantors and grantees index, and the person whose death is established is treated as the grantor for that index.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Recording Evidence of Death [210 - 212] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 211. (a) A document establishing the fact of death 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 death recorded pursuant to this chapter in the index of grantors and grantees. The index entry shall be for the grantor, and for the purpose of this index, the person whose death is established shall be deemed to be the grantor. (Enacted by Stats. 1990, Ch. 79.) - 2110. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
A guardian or conservator is generally not personally liable on an instrument entered into in a fiduciary capacity during the guardianship or conservatorship, unless the instrument or this division says otherwise or the fiduciary fails to disclose representative capacity or identify the estate.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2110. Unless otherwise provided in the instrument or in this division, a guardian or conservator is not personally liable on an instrument, including but not limited to a note, mortgage, deed of trust, or other contract, properly entered into in the guardian’s or conservator’s fiduciary capacity in the course of the guardianship or conservatorship unless the guardian or conservator fails to reveal the guardian’s or conservator’s representative capacity or identify the guardianship or conservatorship estate in the instrument. (Enacted by Stats. 1990, Ch. 79.) - 21101. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
This section says this part applies to wills, trusts, deeds, and other instruments unless the provision or context requires otherwise.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21101. Unless the provision or context otherwise requires, this part applies to a will, trust, deed, and any other instrument. (Amended by Stats. 2002, Ch. 138, Sec. 10. Effective January 1, 2003.) - 21102. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
The transferor’s expressed intention controls how the instrument is legally read; if that intention is not shown, the part’s construction rules apply.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21102. (a) The intention of the transferor as expressed in the instrument controls the legal effect of the dispositions made in the instrument. (b) The rules of construction in this part apply where the intention of the transferor is not indicated by the instrument. (c) Nothing in this section limits the use of extrinsic evidence, to the extent otherwise authorized by law, to determine the intention of the transferor. (Amended by Stats. 2002, Ch. 138, Sec. 11. Effective January 1, 2003.) - 21103. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
The legal effect of a disposition is generally determined by the state law the transferor chooses in the instrument, unless an exception applies.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21103. The meaning and legal effect of a disposition in an instrument is determined by the local law of a particular state selected by the transferor in the instrument unless the application of that law is contrary to the rights of the surviving spouse to community and quasi-community property, to any other public policy of this state applicable to the disposition, or, in the case of a will, to Part 3 (commencing with Section 6500) of Division 6. (Amended by Stats. 2002, Ch. 138, Sec. 12. Effective January 1, 2003.) - 21104. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
This section defines “at-death transfer” as a transfer that can be revoked during the transferor’s lifetime, and excludes joint tenancies and joint accounts with right of survivorship.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21104. As used in this part, “at-death transfer” means a transfer that is revocable during the lifetime of the transferor, but does not include a joint tenancy or joint account with right of survivorship. (Amended by Stats. 2002, Ch. 138, Sec. 13. Effective January 1, 2003.) - 21105. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
A will generally transfers all property the testator owns at death, including property acquired after the will was signed, unless Sections 641 or 642 say otherwise.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21105. Except as otherwise provided in Sections 641 and 642, a will passes all property the testator owns at death, including property acquired after execution of the will. (Amended by Stats. 2002, Ch. 138, Sec. 14. Effective January 1, 2003.) - 21107. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
If an instrument says real property must be converted to money at the transferor’s death, the property and its proceeds are treated as personal property from that time.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21107. If an instrument directs the conversion of real property into money at the transferor’s death, the real property and its proceeds shall be deemed personal property from the time of the transferor’s death. (Amended by Stats. 2002, Ch. 138, Sec. 16. Effective January 1, 2003.) - 21108. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
California law excludes the old worthier-title rule and a related presumption against leaving property to one’s own heirs or next of kin.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21108. The law of this state does not include (a) the common law rule of worthier title that a transferor cannot devise an interest to his or her own heirs or (b) a presumption or rule of interpretation that a transferor does not intend, by a transfer to his or her own heirs or next of kin, to transfer an interest to them. The meaning of a transfer of a legal or equitable interest to a transferor’s own heirs or next of kin, however designated, shall be determined by the general rules applicable to the interpretation of instruments. (Amended by Stats. 2002, Ch. 138, Sec. 17. Effective January 1, 2003.) - 21109. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
A transferee must survive the transferor, or any later time required by the instrument, to take under the instrument.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21109. (a) A transferee who fails to survive the transferor of an at-death transfer or until any future time required by the instrument does not take under the instrument. (b) If it cannot be determined by clear and convincing evidence that the transferee survived until a future time required by the instrument, it is deemed that the transferee did not survive until the required future time. (Amended by Stats. 2002, Ch. 138, Sec. 18. Effective January 1, 2003.) - 2111. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
This section defines certain guardian/conservator estate transactions and requires court-authorized transactions to be carried out according to the court order, with specified statements and recording for real-property instruments.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2111. (a) As used in this section, “transaction” means any of the following: (1) A conveyance or lease of real property of the guardianship or conservatorship estate. (2) The creation of a mortgage or deed of trust on real property of the guardianship or conservatorship estate. (3) A transfer of personal property of the guardianship or conservatorship estate. (4) The creation of a security interest or other lien in personal property of the guardianship or conservatorship estate. (b) Whenever the court authorizes or directs a transaction, the transaction shall be carried out by the guardian or conservator of the estate in accordance with the terms of the order. (c) A conveyance, lease, or mortgage of, or deed of trust on, real property executed by a guardian or conservator shall set forth therein that it is made by authority of the order authorizing or directing the transaction and shall give the date of the order. A certified copy of the order shall be recorded in the office of the county recorder in each county in which any portion of the real property is located. (d) A transaction carried out by a guardian or conservator in accordance with an order authorizing or directing the transaction has the same effect as if the ward or conservatee had carried out the transaction while having legal capacity to do so. (Enacted by Stats. 1990, Ch. 79.) - 2111.5. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Certain court officials, related persons, and family members may not buy, lease, or rent property from a ward or conservatee’s estate, unless the sale is a public sale.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2111.5. (a) Except as provided in subdivision (b), every court official or employee who has duties or responsibilities related to the appointment of a guardian or conservator, or the processing of any document related to a guardian or conservator, and every person who is related by blood or marriage to a court official or employee who has these duties, is prohibited from purchasing, leasing, or renting any real or personal property from the estate of the ward or conservatee whom the guardian or conservator represents. For purposes of this subdivision, a “person related by blood or marriage” means any of the following: (1) A person’s spouse or domestic partner. (2) Relatives within the second degree of lineal or collateral consanguinity of a person or a person’s spouse. (b) A person described in subdivision (a) is not prohibited from purchasing real or personal property from the estate of the ward or conservatee whom the guardian or conservator represents where the purchase is made under terms and conditions of a public sale of the property. (c) A violation of this section shall result in the rescission of the purchase, lease, or rental of the property. Any losses incurred by the estate of the ward or conservatee because the property was sold or leased at less than fair market value shall be deemed as charges against the guardian or conservator under the provisions of Sections 2401.3 and 2401.5. The court shall assess a civil penalty equal to three times the charges against the guardian, conservator, or other person in violation of this section, and may assess punitive damages as it deems proper. If the estate does not incur losses as a result of the violation, the court shall order the guardian, conservator, or other person in violation of this section to pay a fine of up to five thousand dollars ($5,000) for each violation. The fines and penalties provided in this section are in addition to any other rights and remedies provided by law. (Amended by Stats. 2001, Ch. 893, Sec. 28. Effective January 1, 2002.) - 21110. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
If a transferee dies before or fails to survive as required, the transferee’s issue generally take the transferee’s place unless the instrument shows a contrary intention or substitute disposition.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21110. (a) Subject to subdivision (b), if a transferee is dead when the instrument is executed, or fails or is treated as failing to survive the transferor or until a future time required by the instrument, the issue of the deceased transferee take in the transferee’s place in the manner provided in Section 240. A transferee under a class gift shall be a transferee for the purpose of this subdivision unless the transferee’s death occurred before the execution of the instrument and that fact was known to the transferor when the instrument was executed. (b) The issue of a deceased transferee do not take in the transferee’s place if the instrument expresses a contrary intention or a substitute disposition. A requirement that the initial transferee survive the transferor or survive for a specified period of time after the death of the transferor constitutes a contrary intention. A requirement that the initial transferee survive until a future time that is related to the probate of the transferor’s will or administration of the estate of the transferor constitutes a contrary intention. (c) As used in this section, “transferee” means a person who is kindred of the transferor or kindred of a surviving, deceased, or former spouse of the transferor, but does not mean a spouse of the transferor. (Amended by Stats. 2018, Ch. 71, Sec. 1. (AB 1960) Effective January 1, 2019.) - 21111. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
If a transfer fails, the property is distributed under the instrument’s alternative terms, to any residue, or to the decedent’s estate; special rules apply to failed shares in residuary gifts or future interests.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21111. (a) Except as provided in subdivision (b) and subject to Section 21110, if a transfer fails for any reason, the property is transferred as follows: (1) If the transferring instrument provides for an alternative disposition in the event the transfer fails, the property is transferred according to the terms of the instrument. (2) If the transferring instrument does not provide for an alternative disposition but does provide for the transfer of a residue, the property becomes a part of the residue transferred under the instrument. (3) If the transferring instrument does not provide for an alternative disposition and does not provide for the transfer of a residue, or if the transfer is itself a residuary gift, the property is transferred to the decedent’s estate. (b) Subject to Section 21110, if a residuary gift or a future interest is transferred to two or more persons and the share of a transferee fails for any reason, and no alternative disposition is provided, the share passes to the other transferees in proportion to their other interest in the residuary gift or the future interest. (c) A transfer of “all my estate” or words of similar import is a residuary gift for purposes of this section. (d) If failure of a future interest results in an intestacy, the property passes to the heirs of the transferor determined pursuant to Section 21114. (Amended by Stats. 2002, Ch. 138, Sec. 20. Effective January 1, 2003.) - 21112. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
Certain death-and-issue conditions in a transfer are interpreted to mean the person was dead when the transfer becomes effective in enjoyment, with issue counted only if alive at that time.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21112. A condition in a transfer of a present or future interest that refers to a person’s death “with” or “without” issue, or to a person’s “having” or “leaving” issue or no issue, or a condition based on words of similar import, is construed to refer to that person’s being dead at the time the transfer takes effect in enjoyment and to that person either having or not having, as the case may be, issue who are alive at the time of enjoyment. (Amended by Stats. 2002, Ch. 138, Sec. 21. Effective January 1, 2003.) - 21114. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
This section says that gifts or transfers to a person’s heirs, heirs at law, next of kin, relatives, family, or similar words are distributed as intestate heirs would take under the transferor’s domicile law, unless the surviving spouse is living and remarried when the transfer takes effect.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21114. (a) If a statute or an instrument provides for transfer of a present or future interest to, or creates a present or future interest in, a designated person’s “heirs,” “heirs at law,” “next of kin,” “relatives,” or “family,” or words of similar import, the transfer is to the persons, including the state under Section 6800, and in the shares that would succeed to the designated person’s intestate estate under the intestate succession law of the transferor’s domicile, if the designated person died when the transfer is to take effect in enjoyment. If the designated person’s surviving spouse is living but is remarried at the time the transfer is to take effect in enjoyment, the surviving spouse is not an heir of the designated person for purposes of this section. (b) As used in this section, “designated person” includes the transferor. (Amended by Stats. 2002, Ch. 138, Sec. 23. Effective January 1, 2003.) - 21115. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
This section says certain relatives and family-status categories are included in class gifts and relationship terms, with exceptions for some children unless household conditions are met.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21115. (a) Except as provided in subdivision (b), halfbloods, adopted persons, persons born out of wedlock, stepchildren, foster children, and the issue of these persons when appropriate to the class, are included in terms of class gift or relationship in accordance with the rules for determining relationship and inheritance rights for purposes of intestate succession. (b) In construing a transfer by a transferor who is not the natural parent, a person born to the natural parent shall not be considered the child of that parent unless the person lived while a minor as a regular member of the household of the natural parent or of that parent’s parent, brother, sister, spouse, or surviving spouse. In construing a transfer by a transferor who is not the adoptive parent, a person adopted by the adoptive parent shall not be considered the child of that parent unless the person lived while a minor (either before or after the adoption) as a regular member of the household of the adopting parent or of that parent’s parent, brother, sister, or surviving spouse. (c) Subdivisions (a) and (b) shall also apply in determining: (1) Persons who would be kindred of the transferor or kindred of a surviving, deceased, or former spouse of the transferor under Section 21110. (2) Persons to be included as issue of a deceased transferee under Section 21110. (3) Persons who would be the transferor’s or other designated person’s heirs under Section 21114. (d) The rules for determining intestate succession under this section are those in effect at the time the transfer is to take effect in enjoyment. (Amended by Stats. 2002, Ch. 138, Sec. 24. Effective January 1, 2003.) - 21117. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
This section classifies different kinds of at-death transfers and gifts.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21117. At-death transfers are classified as follows: (a) A specific gift is a transfer of specifically identifiable property. (b) A general gift is a transfer from the general assets of the transferor that does not give specific property. (c) A demonstrative gift is a general gift that specifies the fund or property from which the transfer is primarily to be made. (d) A general pecuniary gift is a pecuniary gift within the meaning of Section 21118. (e) An annuity is a general pecuniary gift that is payable periodically. (f) A residuary gift is a transfer of property that remains after all specific and general gifts have been satisfied. (Amended by Stats. 2002, Ch. 138, Sec. 26. Effective January 1, 2003.) - 21118. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )
A fiduciary using non-cash property to satisfy a pecuniary gift must value the property at fair market value on the distribution date, unless the instrument says otherwise.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 1. General Provisions [21101 - 21118] ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21118. (a) If an instrument authorizes a fiduciary to satisfy a pecuniary gift wholly or partly by distribution of property other than money, property selected for that purpose shall be valued at its fair market value on the date of distribution, unless the instrument expressly provides otherwise. If the instrument permits the fiduciary to value the property selected for distribution as of a date other than the date of distribution, then, unless the instrument expressly provides otherwise, the property selected by the fiduciary for that purpose shall fairly reflect net appreciation and depreciation (occurring between the valuation date and the date of distribution) in all of the assets from which the distribution could have been made. (b) As used in this section, “pecuniary gift” means a transfer of property made in an instrument that either is expressly stated as a fixed dollar amount or is a dollar amount determinable by the provisions of the instrument. (Amended by Stats. 2002, Ch. 138, Sec. 27. Effective January 1, 2003.) - 2112. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
A court can order a conservator who abused a conservatee to pay a civil penalty, and it must report findings or penalties involving a professional fiduciary to the Professional Fiduciaries Bureau.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2112. (a) (1) In addition to other remedies available under statutory or common law, if the court finds that a conservator who is a professional fiduciary licensed by the Professional Fiduciaries Bureau has abused a conservatee, the conservator shall be liable for a civil penalty of up to ten thousand dollars ($10,000) for each separate act of abuse, payable to the estate of the conservatee. (2) In addition to other remedies available under statutory or common law, if the court finds that a conservator who is not a professional fiduciary licensed by the Professional Fiduciaries Bureau has abused a conservatee, the conservator shall be liable for a civil penalty of up to one thousand dollars ($1,000) for each separate act of abuse, payable to the estate of the conservatee. (b) If the court finds that a professional fiduciary has abused a conservatee, or if the court imposes a penalty on the professional fiduciary, including, but not limited to, surcharging, punishing for contempt, suspending, or removing the professional fiduciary as a conservator for cause, the court shall report that finding or penalty to the Professional Fiduciaries Bureau. If the court reports an action taken under this section, the court shall provide the bureau, at no charge, with access to the information, including confidential information, regarding its investigation of the professional fiduciary contained in court records. The bureau shall maintain the confidentiality of the information, as required by paragraph (4) of subdivision (a) of Section 6580 of the Business and Professions Code or any other applicable state or federal law. (c) For purposes of this section, the following definitions apply: (1) “Abused” means that the conservator engaged in an act described in Section 15610.07 of the Welfare and Institutions Code. (2) “Professional fiduciary” has the same meaning as defined in Section 6501 of the Business and Professions Code. (d) 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. 17. (AB 1194) Effective January 1, 2022.) - 21120. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 2. Ascertaining Meaning of Language Used in the Instrument [21120 - 21122] ( Chapter 2 added by Stats. 1994, Ch. 806, Sec. 41. )
An instrument should be read so that every expression has effect, and interpretations that avoid intestacy or failure of a transfer are preferred.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 2. Ascertaining Meaning of Language Used in the Instrument [21120 - 21122] ( Chapter 2 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21120. The words of an instrument are to receive an interpretation that will give every expression some effect, rather than one that will render any of the expressions inoperative. Preference is to be given to an interpretation of an instrument that will prevent intestacy or failure of a transfer, rather than one that will result in an intestacy or failure of a transfer. (Amended by Stats. 2002, Ch. 138, Sec. 28. Effective January 1, 2003.) - 21121. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 2. Ascertaining Meaning of Language Used in the Instrument [21120 - 21122] ( Chapter 2 added by Stats. 1994, Ch. 806, Sec. 41. )
An instrument’s parts must be read together to make a consistent whole, and an ambiguous part may be explained by reference to another part of the same instrument.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 2. Ascertaining Meaning of Language Used in the Instrument [21120 - 21122] ( Chapter 2 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21121. All parts of an instrument are to be construed in relation to each other and so as, if possible, to form a consistent whole. If the meaning of any part of an instrument is ambiguous or doubtful, it may be explained by any reference to or recital of that part in another part of the instrument. (Amended by Stats. 2002, Ch. 138, Sec. 29. Effective January 1, 2003.) - 21122. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 2. Ascertaining Meaning of Language Used in the Instrument [21120 - 21122] ( Chapter 2 added by Stats. 1994, Ch. 806, Sec. 41. )
Words in an instrument should be read in their ordinary, grammatical sense unless a different meaning is clearly intended and can be determined.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 2. Ascertaining Meaning of Language Used in the Instrument [21120 - 21122] ( Chapter 2 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21122. The words of an instrument are to be given their ordinary and grammatical meaning unless the intention to use them in another sense is clear and their intended meaning can be ascertained. Technical words are not necessary to give effect to a disposition in an instrument. Technical words are to be considered as having been used in their technical sense unless (a) the context clearly indicates a contrary intention or (b) it satisfactorily appears that the instrument was drawn solely by the transferor and that the transferor was unacquainted with the technical sense. (Amended by Stats. 2002, Ch. 138, Sec. 30. Effective January 1, 2003.) - 2113. Verify source ↗
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
A conservator must accommodate the conservatee’s desires, support the conservatee’s autonomy and decision-making, and keep the conservatee informed of decisions made for them, except where that would conflict with fiduciary duties or create an unreasonable expense.
## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [2100 - 2113] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 2113. A conservator shall accommodate the desires of the conservatee, except to the extent that doing so would violate the conservator’s fiduciary duties to the conservatee or impose an unreasonable expense on the conservatorship estate. To the greatest extent possible, the conservator shall support the conservatee to maximize their autonomy, support the conservatee in making decisions, and, on a regular basis, inform the conservatee of decisions made on their behalf. In determining the desires of the conservatee, the conservator shall consider stated or previously expressed preferences, including preferences expressed by speech, sign language, alternative or augmentative communication, actions, facial expressions, and other spoken and nonspoken methods of communication. (Amended by Stats. 2022, Ch. 894, Sec. 15. (AB 1663) Effective January 1, 2023.) - 21131. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 3. Exoneration; Ademption [21131 - 21139] ( Chapter 3 added by Stats. 1994, Ch. 806, Sec. 41. )
A specific gift passes subject to any mortgage, deed of trust, or other lien existing at the date of death, and there is no right of exoneration.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 3. Exoneration; Ademption [21131 - 21139] ( Chapter 3 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21131. A specific gift passes the property transferred subject to any mortgage, deed of trust, or other lien existing at the date of death, without right of exoneration, regardless of a general directive to pay debts contained in the instrument. (Amended by Stats. 2002, Ch. 138, Sec. 31. Effective January 1, 2003.) - 21132. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 3. Exoneration; Ademption [21131 - 21139] ( Chapter 3 added by Stats. 1994, Ch. 806, Sec. 41. )
This section says certain additional securities acquired after an at-death transfer instrument was signed are included in the transfer, but cash distributions before death are excluded.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 3. Exoneration; Ademption [21131 - 21139] ( Chapter 3 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21132. (a) If a transferor executes an instrument that makes an at-death transfer of securities and the transferor then owned securities that meet the description in the instrument, the transfer includes additional securities owned by the transferor at death to the extent the additional securities were acquired by the transferor after the instrument was executed as a result of the transferor’s ownership of the described securities and are securities of any of the following types: (1) Securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options. (2) Securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization. (3) Securities of the same organization acquired as a result of a plan of reinvestment. (b) Distributions in cash before death with respect to a described security are not part of the transfer. (Repealed and added by Stats. 2002, Ch. 138, Sec. 33. Effective January 1, 2003.) - 21133. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 3. Exoneration; Ademption [21131 - 21139] ( Chapter 3 added by Stats. 1994, Ch. 806, Sec. 41. )
A recipient of an at-death transfer of a specific gift is entitled to the property specifically given, if the transferor owns it when the gift takes effect in possession or enjoyment.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 3. Exoneration; Ademption [21131 - 21139] ( Chapter 3 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21133. A recipient of an at-death transfer of a specific gift has a right to the property specifically given, to the extent the property is owned by the transferor at the time the gift takes effect in possession or enjoyment, and all of the following: (a) Any balance of the purchase price (together with any security agreement) owing from a purchaser to the transferor at the time the gift takes effect in possession or enjoyment by reason of sale of the property. (b) Any amount of an eminent domain award for the taking of the property unpaid at the time the gift takes effect in possession or enjoyment. (c) Any proceeds unpaid at the time the gift takes effect in possession or enjoyment on fire or casualty insurance on or other recovery for injury to the property. (d) Property owned by the transferor at the time the gift takes effect in possession or enjoyment and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically given obligation. (Amended by Stats. 2002, Ch. 138, Sec. 34. Effective January 1, 2003.) - 21134. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 3. Exoneration; Ademption [21131 - 21139] ( Chapter 3 added by Stats. 1994, Ch. 806, Sec. 41. )
This section gives the recipient of a specific gift a right to a substitute pecuniary gift in certain sale, encumbrance, eminent domain, insurance, or injury recovery situations.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 3. Exoneration; Ademption [21131 - 21139] ( Chapter 3 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21134. (a) Except as otherwise provided in this section, if, after the execution of the instrument of gift, specifically given property is sold, or encumbered by a deed of trust, mortgage, or other instrument, by a conservator, by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or by a trustee acting for an incapacitated settlor of a trust established by the settlor as a revocable trust, the transferee of the specific gift has the right to a general pecuniary gift equal to the net sale price of the property unreduced by the payoff of any such encumbrance, or the amount of the unpaid encumbrance on the property as well as the property itself. (b) Except as otherwise provided in this section, if an eminent domain award for the taking of specifically given property is paid to a conservator, to an agent acting within the authority of a durable power of attorney for an incapacitated principal, or to a trustee acting for an incapacitated settlor of a trust established by the settlor as a revocable trust, or if the proceeds on fire or casualty insurance on, or recovery for injury to, specifically gifted property are paid to a conservator, to an agent acting within the authority of a durable power of attorney for an incapacitated principal, or to a trustee acting for an incapacitated settlor of a trust established by the settlor as a revocable trust, the recipient of the specific gift has the right to a general pecuniary gift equal to the eminent domain award or the insurance proceeds or recovery unreduced by the payoff of any encumbrance placed on the property by the conservator, agent, or trustee, after the execution of the instrument of gift. (c) For the purpose of the references in this section to a conservator, this section does not apply if, after the sale, mortgage, condemnation, fire, or casualty, or recovery, the conservatorship is terminated and the transferor survives the termination by one year. (d) For the purpose of the references in this section to an agent acting with the authority of a durable power of attorney for an incapacitated principal, or to a trustee acting for an incapacitated settlor of a trust established by the settlor as a revocable trust, (1) “incapacitated principal” or “incapacitated settlor” means a principal or settlor who is an incapacitated person, (2) no adjudication of incapacity before death is necessary, and (3) the acts of an agent within the authority of a durable power of attorney are presumed to be for an incapacitated principal. However, there shall be no presumption of a settlor’s incapacity concerning the acts of a trustee. (e) The right of the transferee of the specific gift under this section shall be reduced by any right the transferee has under Section 21133. (Amended by Stats. 2012, Ch. 195, Sec. 1. (AB 1985) Effective January 1, 2013.) - 21135. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 3. Exoneration; Ademption [21131 - 21139] ( Chapter 3 added by Stats. 1994, Ch. 806, Sec. 41. )
A lifetime gift counts as satisfaction of an at-death transfer only if one of the listed conditions is met.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 3. Exoneration; Ademption [21131 - 21139] ( Chapter 3 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21135. (a) Property given by a transferor during his or her lifetime to a person is treated as a satisfaction of an at-death transfer to that person in whole or in part only if one of the following conditions is satisfied: (1) The instrument provides for deduction of the lifetime gift from the at-death transfer. (2) The transferor declares in a contemporaneous writing that the gift is in satisfaction of the at-death transfer or that its value is to be deducted from the value of the at-death transfer. (3) The transferee acknowledges in writing that the gift is in satisfaction of the at-death transfer or that its value is to be deducted from the value of the at-death transfer. (4) The property given is the same property that is the subject of a specific gift to that person. (b) Subject to subdivision (c), for the purpose of partial satisfaction, property given during lifetime is valued as of the time the transferee came into possession or enjoyment of the property or as of the time of death of the transferor, whichever occurs first. (c) If the value of the gift is expressed in the contemporaneous writing of the transferor, or in an acknowledgment of the transferee made contemporaneously with the gift, that value is conclusive in the division and distribution of the estate. (d) If the transferee fails to survive the transferor, the gift is treated as a full or partial satisfaction of the gift, as the case may be, in applying Sections 21110 and 21111 unless the transferor’s contemporaneous writing provides otherwise. (Amended by Stats. 2002, Ch. 138, Sec. 36. Effective January 1, 2003.) - 21139. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 3. Exoneration; Ademption [21131 - 21139] ( Chapter 3 added by Stats. 1994, Ch. 806, Sec. 41. )
The rules in Sections 21133 to 21135 are not exhaustive, and this section says they are not meant to increase the incidence of ademption.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 3. Exoneration; Ademption [21131 - 21139] ( Chapter 3 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21139. The rules stated in Sections 21133 to 21135, inclusive, are not exhaustive, and nothing in those sections is intended to increase the incidence of ademption under the law of this state. (Amended by Stats. 2002, Ch. 138, Sec. 40. Effective January 1, 2003.) - 21140. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 4. Effective Dates [21140- 21140.] ( Chapter 4 added by Stats. 1994, Ch. 806, Sec. 41. )
This part applies to all instruments, no matter when they were executed.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140] ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. ) ## CHAPTER 4. Effective Dates [21140- 21140.] ( Chapter 4 added by Stats. 1994, Ch. 806, Sec. 41. ) ## 21140. This part applies to all instruments, regardless of when they were executed. (Amended by Stats. 2002, Ch. 138, Sec. 41. Effective January 1, 2003.) - 212. Verify source ↗
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Recording Evidence of Death [210 - 212] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
A recorded document proving a person’s death counts as prima facie evidence of death for the real property it identifies in the county if title to that property is affected by the death.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESTABLISHING AND REPORTING FACT OF DEATH [200 - 217] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Recording Evidence of Death [210 - 212] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 212. A document establishing the fact of the death of a person recorded pursuant to this chapter is prima facie evidence of the death insofar as the document identifies real property located in the county, title to which is affected by the death. The presumption established by this section is a presumption affecting the burden of producing evidence. (Enacted by Stats. 1990, Ch. 79.) - 21200. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 1. General Provisions [21200 - 21202] ( Article 1 added by Stats. 1991, Ch. 156, Sec. 24. )
This section names the chapter as the Uniform Statutory Rule Against Perpetuities and allows it to be cited that way.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 1. General Provisions [21200 - 21202] ( Article 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21200. This chapter shall be known and may be cited as the Uniform Statutory Rule Against Perpetuities. (Added by Stats. 1991, Ch. 156, Sec. 24.) - 21201. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 1. General Provisions [21200 - 21202] ( Article 1 added by Stats. 1991, Ch. 156, Sec. 24. )
This chapter replaces the common law rule against perpetuities.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 1. General Provisions [21200 - 21202] ( Article 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21201. This chapter supersedes the common law rule against perpetuities. (Added by Stats. 1991, Ch. 156, Sec. 24.) - 21202. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 1. General Provisions [21200 - 21202] ( Article 1 added by Stats. 1991, Ch. 156, Sec. 24. )
This section says the part applies to nonvested property interests and unexercised powers of appointment, even if they were created before, on, or after January 1, 1992, unless subdivision (b) excludes them.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 1. General Provisions [21200 - 21202] ( Article 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21202. (a) Except as provided in subdivision (b), this part applies to nonvested property interests and unexercised powers of appointment regardless of whether they were created before, on, or after January 1, 1992. (b) This part does not apply to any property interest or power of appointment the validity of which has been determined in a judicial proceeding or by a settlement among interested persons. (Added by Stats. 1991, Ch. 156, Sec. 24.) - 21205. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 2. Statutory Rule Against Perpetuities [21205 - 21209] ( Article 2 added by Stats. 1991, Ch. 156, Sec. 24. )
A nonvested property interest is invalid unless it satisfies one of two timing rules: it must vest or end within 21 years after the death of a living person at creation, or within 90 years after creation.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 2. Statutory Rule Against Perpetuities [21205 - 21209] ( Article 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21205. A nonvested property interest is invalid unless one of the following conditions is satisfied: (a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive. (b) The interest either vests or terminates within 90 years after its creation. (Added by Stats. 1991, Ch. 156, Sec. 24.) - 21206. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 2. Statutory Rule Against Perpetuities [21205 - 21209] ( Article 2 added by Stats. 1991, Ch. 156, Sec. 24. )
A general power of appointment that cannot currently be exercised because of a condition precedent is invalid unless one of two timing tests is met.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 2. Statutory Rule Against Perpetuities [21205 - 21209] ( Article 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21206. A general power of appointment not presently exercisable because of a condition precedent is invalid unless one of the following conditions is satisfied: (a) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of an individual then alive. (b) The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation. (Added by Stats. 1991, Ch. 156, Sec. 24.) - 21207. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 2. Statutory Rule Against Perpetuities [21205 - 21209] ( Article 2 added by Stats. 1991, Ch. 156, Sec. 24. )
A nongeneral power of appointment or a general testamentary power of appointment is invalid unless it satisfies one of two time limits.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 2. Statutory Rule Against Perpetuities [21205 - 21209] ( Article 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21207. A nongeneral power of appointment or a general testamentary power of appointment is invalid unless one of the following conditions is satisfied: (a) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive. (b) The power is irrevocably exercised or otherwise terminates within 90 years after its creation. (Added by Stats. 1991, Ch. 156, Sec. 24.) - 21208. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 2. Statutory Rule Against Perpetuities [21205 - 21209] ( Article 2 added by Stats. 1991, Ch. 156, Sec. 24. )
When deciding validity under this article, a possible child born after a person's death must be disregarded.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 2. Statutory Rule Against Perpetuities [21205 - 21209] ( Article 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21208. In determining whether a nonvested property interest or a power of appointment is valid under this article, the possibility that a child will be born to an individual after the individual’s death is disregarded. (Added by Stats. 1991, Ch. 156, Sec. 24.) - 21209. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 2. Statutory Rule Against Perpetuities [21205 - 21209] ( Article 2 added by Stats. 1991, Ch. 156, Sec. 24. )
This section makes certain perpetuity-limiting language in a governing instrument ineffective if it creates a period beyond 21 years after the death of the last specified life in being, and it applies only to certain instruments executed on or after January 1, 1992.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 2. Statutory Rule Against Perpetuities [21205 - 21209] ( Article 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21209. (a) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (1) seeks to disallow the vesting or termination of any interest or trust beyond, (2) seeks to postpone the vesting or termination of any interest or trust until, or (3) seeks to operate in effect in any similar fashion upon, the later of (A) the expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement or (B) the expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement, that language is inoperative to the extent it produces a period that exceeds 21 years after the death of the survivor of the specified lives. (b) Notwithstanding Section 21202, this section applies only to governing instruments, including instruments exercising powers of appointment, executed on or after January 1, 1992. (Added by Stats. 1991, Ch. 156, Sec. 24.) - 21210. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 3. Time of Creation of Interest [21210 - 21212] ( Article 3 added by Stats. 1991, Ch. 156, Sec. 24. )
This section says the time a nonvested property interest or power of appointment is created is controlled by other applicable statutes, or by general property-law principles if no statute applies, except where Sections 21211 or 21212 provide otherwise.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 3. Time of Creation of Interest [21210 - 21212] ( Article 3 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21210. Except as provided in Sections 21211 and 21212, the time of creation of a nonvested property interest or a power of appointment is determined by other applicable statutes or, if none, under general principles of property law. (Added by Stats. 1991, Ch. 156, Sec. 24.) - 21211. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 3. Time of Creation of Interest [21210 - 21212] ( Article 3 added by Stats. 1991, Ch. 156, Sec. 24. )
This section says when certain property interests are treated as created, based on when a person’s power to become the unqualified beneficial owner ends.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 3. Time of Creation of Interest [21210 - 21212] ( Article 3 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21211. For purposes of this chapter: (a) If there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (1) a nonvested property interest or (2) a property interest subject to a power of appointment described in Section 21206 or 21207, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. (b) A joint power with respect to community property held by individuals married to each other is a power exercisable by one person alone. (Added by Stats. 1991, Ch. 156, Sec. 24.) - 21212. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 3. Time of Creation of Interest [21210 - 21212] ( Article 3 added by Stats. 1991, Ch. 156, Sec. 24. )
For this chapter, a nonvested property interest or power of appointment tied to a previously funded trust or existing property arrangement is treated as created when the original contribution created it.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 3. Time of Creation of Interest [21210 - 21212] ( Article 3 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21212. For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created. (Added by Stats. 1991, Ch. 156, Sec. 24.) - 21220. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 4. Reformation [21220- 21220.] ( Article 4 added by Stats. 1991, Ch. 156, Sec. 24. )
On petition by an interested person, a court must reform a disposition to match the transferor’s plan as closely as possible, so long as the result fits within the 90-year limit in the referenced article if applicable.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 4. Reformation [21220- 21220.] ( Article 4 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21220. On petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 90 years allowed by the applicable provision in Article 2 (commencing with Section 21205), if any of the following conditions is satisfied: (a) A nonvested property interest or a power of appointment becomes invalid under the statutory rule against perpetuities provided in Article 2 (commencing with Section 21205). (b) A class gift is not but might become invalid under the statutory rule against perpetuities provided in Article 2 (commencing with Section 21205), and the time has arrived when the share of any class member is to take effect in possession or enjoyment. (c) A nonvested property interest that is not validated by subdivision (a) of Section 21205 can vest but not within 90 years after its creation. (Added by Stats. 1991, Ch. 156, Sec. 24.) - 21225. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 5. Exclusions from Statutory Rule Against Perpetuities [21225- 21225.] ( Article 5 added by Stats. 1991, Ch. 156, Sec. 24. )
This section excludes several kinds of interests, powers, and trusts from the Article 2 rule against perpetuities.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225] ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. ) ## ARTICLE 5. Exclusions from Statutory Rule Against Perpetuities [21225- 21225.] ( Article 5 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21225. Article 2 (commencing with Section 21205) does not apply to any of the following: (a) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of (1) a premarital or postmarital agreement, (2) a separation or divorce settlement, (3) a spouse’s election, (4) or a similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties, (5) a contract to make or not to revoke a will or trust, (6) a contract to exercise or not to exercise a power of appointment, (7) a transfer in satisfaction of a duty of support, or (8) a reciprocal transfer. (b) A fiduciary’s power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income. (c) A power to appoint a fiduciary. (d) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal. (e) A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision. (f) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse. (g) A property interest, power of appointment, or arrangement that was not subject to the common law rule against perpetuities or is excluded by another statute of this state. (h) A trust created for the purpose of providing for its beneficiaries under hospital service contracts, group life insurance, group disability insurance, group annuities, or any combination of such insurance, as defined in the Insurance Code. (Amended by Stats. 1996, Ch. 563, Sec. 33. Effective January 1, 1997.) - 21230. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 2. Related Provisions [21230 - 21231] ( Chapter 2 added by Stats. 1991, Ch. 156, Sec. 24. )
The lives used to determine vesting cannot be so numerous or so situated that proving their deaths would likely be unreasonably difficult.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 2. Related Provisions [21230 - 21231] ( Chapter 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21230. The lives of individuals selected to govern the time of vesting pursuant to Article 2 (commencing with Section 21205) of Chapter 1 may not be so numerous or so situated that evidence of their deaths is likely to be unreasonably difficult to obtain. (Added by Stats. 1991, Ch. 156, Sec. 24.) - 21231. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 2. Related Provisions [21230 - 21231] ( Chapter 2 added by Stats. 1991, Ch. 156, Sec. 24. )
When determining the validity of a nonvested property interest, a spouse meeting the stated condition is treated as alive when the interest was created, even if the spouse was not then alive.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 2. PERPETUITIES [21200 - 21231] ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## CHAPTER 2. Related Provisions [21230 - 21231] ( Chapter 2 added by Stats. 1991, Ch. 156, Sec. 24. ) ## 21231. In determining the validity of a nonvested property interest pursuant to Article 2 (commencing with Section 21205) of Chapter 1, an individual described as the spouse of an individual alive at the commencement of the perpetuities period shall be deemed to be an individual alive when the interest is created, whether or not the individual so described was then alive. (Added by Stats. 1991, Ch. 156, Sec. 24.) - 21310. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3. NO CONTEST CLAUSE [21310 - 21315] ( Part 3 repealed and added by Stats. 2008, Ch. 174, Sec. 2. )
This section defines key terms used in the no contest clause part.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3. NO CONTEST CLAUSE [21310 - 21315] ( Part 3 repealed and added by Stats. 2008, Ch. 174, Sec. 2. ) ## 21310. As used in this part: (a) “Contest” means a pleading filed with the court by a beneficiary that would result in a penalty under a no contest clause, if the no contest clause is enforced. (b) “Direct contest” means a contest that alleges the invalidity of a protected instrument or one or more of its terms, based on one or more of the following grounds: (1) Forgery. (2) Lack of due execution. (3) Lack of capacity. (4) Menace, duress, fraud, or undue influence. (5) Revocation of a will pursuant to Section 6120, revocation of a trust pursuant to Section 15401, or revocation of an instrument other than a will or trust pursuant to the procedure for revocation that is provided by statute or by the instrument. (6) Disqualification of a beneficiary under Section 6112, 21350, or 21380. (c) “No contest clause” means a provision in an otherwise valid instrument that, if enforced, would penalize a beneficiary for filing a pleading in any court. (d) “Pleading” means a petition, complaint, cross-complaint, objection, answer, response, or claim. (e) “Protected instrument” means all of the following instruments: (1) The instrument that contains the no contest clause. (2) An instrument that is in existence on the date that the instrument containing the no contest clause is executed and is expressly identified in the no contest clause, either individually or as part of an identifiable class of instruments, as being governed by the no contest clause. (Amended by Stats. 2010, Ch. 620, Sec. 5. (SB 105) Effective January 1, 2011.) - 21311. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3. NO CONTEST CLAUSE [21310 - 21315] ( Part 3 repealed and added by Stats. 2008, Ch. 174, Sec. 2. )
A no contest clause can only be enforced for certain contests, including a direct contest without probable cause and, if the clause expressly says so, certain property-transfer challenges and creditor’s claim actions.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3. NO CONTEST CLAUSE [21310 - 21315] ( Part 3 repealed and added by Stats. 2008, Ch. 174, Sec. 2. ) ## 21311. (a) A no contest clause shall only be enforced against the following types of contests: (1) A direct contest that is brought without probable cause. (2) A pleading to challenge a transfer of property on the grounds that it was not the transferor’s property at the time of the transfer. A no contest clause shall only be enforced under this paragraph if the no contest clause expressly provides for that application. (3) The filing of a creditor’s claim or prosecution of an action based on it. A no contest clause shall only be enforced under this paragraph if the no contest clause expressly provides for that application. (b) For the purposes of this section, probable cause exists if, at the time of filing a contest, the facts known to the contestant would cause a reasonable person to believe that there is a reasonable likelihood that the requested relief will be granted after an opportunity for further investigation or discovery. (Added by Stats. 2008, Ch. 174, Sec. 2. Effective January 1, 2009. Operative January 1, 2010, by Sec. 3 of Ch. 174.) - 21312. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3. NO CONTEST CLAUSE [21310 - 21315] ( Part 3 repealed and added by Stats. 2008, Ch. 174, Sec. 2. )
A no contest clause must be strictly construed when determining the transferor’s intent.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3. NO CONTEST CLAUSE [21310 - 21315] ( Part 3 repealed and added by Stats. 2008, Ch. 174, Sec. 2. ) ## 21312. In determining the intent of the transferor, a no contest clause shall be strictly construed. (Added by Stats. 2008, Ch. 174, Sec. 2. Effective January 1, 2009. Operative January 1, 2010, by Sec. 3 of Ch. 174.) - 21313. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3. NO CONTEST CLAUSE [21310 - 21315] ( Part 3 repealed and added by Stats. 2008, Ch. 174, Sec. 2. )
This section says Part 3 is not a complete codification of no contest clause enforcement law, and common law still applies where the part does not.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3. NO CONTEST CLAUSE [21310 - 21315] ( Part 3 repealed and added by Stats. 2008, Ch. 174, Sec. 2. ) ## 21313. This part is not intended as a complete codification of the law governing enforcement of a no contest clause. The common law governs enforcement of a no contest clause to the extent this part does not apply. (Added by Stats. 2008, Ch. 174, Sec. 2. Effective January 1, 2009. Operative January 1, 2010, by Sec. 3 of Ch. 174.) - 21314. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3. NO CONTEST CLAUSE [21310 - 21315] ( Part 3 repealed and added by Stats. 2008, Ch. 174, Sec. 2. )
This part applies even if the instrument says otherwise.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3. NO CONTEST CLAUSE [21310 - 21315] ( Part 3 repealed and added by Stats. 2008, Ch. 174, Sec. 2. ) ## 21314. This part applies notwithstanding a contrary provision in the instrument. (Added by Stats. 2008, Ch. 174, Sec. 2. Effective January 1, 2009. Operative January 1, 2010, by Sec. 3 of Ch. 174.) - 21315. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3. NO CONTEST CLAUSE [21310 - 21315] ( Part 3 repealed and added by Stats. 2008, Ch. 174, Sec. 2. )
This part applies to instruments that became irrevocable on or after January 1, 2001, and does not apply to instruments that became irrevocable before that date.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3. NO CONTEST CLAUSE [21310 - 21315] ( Part 3 repealed and added by Stats. 2008, Ch. 174, Sec. 2. ) ## 21315. (a) This part applies to any instrument, whenever executed, that became irrevocable on or after January 1, 2001. (b) This part does not apply to an instrument that became irrevocable before January 1, 2001. (Added by Stats. 2008, Ch. 174, Sec. 2. Effective January 1, 2009. Operative January 1, 2010, by Sec. 3 of Ch. 174.) - 21360. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 1. Definitions [21360 - 21374] ( Chapter 1 added by Stats. 2010, Ch. 620, Sec. 7. )
The definitions in this chapter control how this part is interpreted.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 1. Definitions [21360 - 21374] ( Chapter 1 added by Stats. 2010, Ch. 620, Sec. 7. ) ## 21360. The definitions in this chapter govern the construction of this part. (Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.) - 21362. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 1. Definitions [21360 - 21374] ( Chapter 1 added by Stats. 2010, Ch. 620, Sec. 7. )
This section defines “care custodian” and “health and social services” for this chapter, including a specific exception for unpaid caregivers with an earlier personal relationship.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 1. Definitions [21360 - 21374] ( Chapter 1 added by Stats. 2010, Ch. 620, Sec. 7. ) ## 21362. (a) “Care custodian” means a person who provides health or social services to a dependent adult, except that “care custodian” does not include a person who provided services without remuneration if the person had a personal relationship with the dependent adult (1) at least 90 days before providing those services, (2) at least six months before the dependent adult’s death, and (3) before the dependant adult was admitted to hospice care, if the dependent adult was admitted to hospice care. As used in this subdivision, “remuneration” does not include the donative transfer at issue under this chapter or the reimbursement of expenses. (b) For the purposes of this section, “health and social services” means services provided to a dependent adult because of the person’s dependent condition, including, but not limited to, the administration of medicine, medical testing, wound care, assistance with hygiene, companionship, housekeeping, shopping, cooking, and assistance with finances. (Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.) - 21364. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 1. Definitions [21360 - 21374] ( Chapter 1 added by Stats. 2010, Ch. 620, Sec. 7. )
This section defines “cohabitant” by reference to Penal Code Section 13700.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 1. Definitions [21360 - 21374] ( Chapter 1 added by Stats. 2010, Ch. 620, Sec. 7. ) ## 21364. “Cohabitant” has the meaning provided in Section 13700 of the Penal Code. (Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.) - 21366. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 1. Definitions [21360 - 21374] ( Chapter 1 added by Stats. 2010, Ch. 620, Sec. 7. )
This section defines “dependent adult” for this part’s fraud or undue influence rules.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 1. Definitions [21360 - 21374] ( Chapter 1 added by Stats. 2010, Ch. 620, Sec. 7. ) ## 21366. “Dependent adult” means a person who, at the time of executing the instrument at issue under this part, was a person described in either of the following: (a) The person was 65 years of age or older and satisfied one or both of the following criteria: (1) The person was unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter. (2) Due to one or more deficits in the mental functions listed in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 811, the person had difficulty managing his or her own financial resources or resisting fraud or undue influence. (b) The person was 18 years of age or older and satisfied one or both of the following criteria: (1) The person was unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter. (2) Due to one or more deficits in the mental functions listed in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 811, the person had substantial difficulty managing his or her own financial resources or resisting fraud or undue influence. (Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.) - 21368. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 1. Definitions [21360 - 21374] ( Chapter 1 added by Stats. 2010, Ch. 620, Sec. 7. )
“Domestic partner” means what Section 297 of the Family Code says it means.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 1. Definitions [21360 - 21374] ( Chapter 1 added by Stats. 2010, Ch. 620, Sec. 7. ) ## 21368. “Domestic partner” has the meaning provided in Section 297 of the Family Code. (Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.) - 21370. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 1. Definitions [21360 - 21374] ( Chapter 1 added by Stats. 2010, Ch. 620, Sec. 7. )
This section defines “independent attorney” for this part.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 1. Definitions [21360 - 21374] ( Chapter 1 added by Stats. 2010, Ch. 620, Sec. 7. ) ## 21370. “Independent attorney” means an attorney who has no legal, business, financial, professional, or personal relationship with the beneficiary of a donative transfer at issue under this part, and who would not be appointed as a fiduciary or receive any pecuniary benefit as a result of the operation of the instrument containing the donative transfer at issue under this part. (Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.) - 21374. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 1. Definitions [21360 - 21374] ( Chapter 1 added by Stats. 2010, Ch. 620, Sec. 7. )
This section defines who counts as “related by blood or affinity” and clarifies that “spouse or domestic partner” can include a predeceased spouse or domestic partner.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 1. Definitions [21360 - 21374] ( Chapter 1 added by Stats. 2010, Ch. 620, Sec. 7. ) ## 21374. (a) A person who is “related by blood or affinity” to a specified person means any of the following persons: (1) A spouse or domestic partner of the specified person. (2) A relative within a specified degree of kinship to the specified person or within a specified degree of kinship to the spouse or domestic partner of the specified person. (3) The spouse or domestic partner of a person described in paragraph (2). (b) For the purposes of this section, “spouse or domestic partner” includes a predeceased spouse or predeceased domestic partner. (c) In determining a relationship under this section, Sections 6406 and 6407, and Chapter 2 (commencing with Section 6450) of Part 2 of Division 6, are applicable. (Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.) - 21380. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 2. Operation and Effect of Presumption [21380 - 21392] ( Chapter 2 added by Stats. 2010, Ch. 620, Sec. 7. )
A donative transfer to certain people connected to the drafting or transcription of the instrument is presumed to result from fraud or undue influence, and a beneficiary who fails to rebut the presumption must pay the proceeding’s costs and reasonable attorney’s fees.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 2. Operation and Effect of Presumption [21380 - 21392] ( Chapter 2 added by Stats. 2010, Ch. 620, Sec. 7. ) ## 21380. (a) A provision of an instrument making a donative transfer to any of the following persons is presumed to be the product of fraud or undue influence: (1) The person who drafted the instrument. (2) A person who transcribed the instrument or caused it to be transcribed and who was in a fiduciary relationship with the transferor when the instrument was transcribed. (3) A care custodian of a transferor who is a dependent adult, but only if the instrument was executed during the period in which the care custodian provided services to the transferor, or within 90 days before or after that period. (4) A care custodian who commenced a marriage, cohabitation, or domestic partnership with a transferor who is a dependent adult while providing services to that dependent adult, or within 90 days after those services were last provided to the dependent adult, if the donative transfer occurred, or the instrument was executed, less than six months after the marriage, cohabitation, or domestic partnership commenced. (5) A person who is related by blood or affinity, within the third degree, to any person described in paragraphs (1) to (3), inclusive. (6) A cohabitant or employee of any person described in paragraphs (1) to (3), inclusive. (7) A partner, shareholder, or employee of a law firm in which a person described in paragraph (1) or (2) has an ownership interest. (b) The presumption created by this section is a presumption affecting the burden of proof. The presumption may be rebutted by proving, by clear and convincing evidence, that the donative transfer was not the product of fraud or undue influence. (c) Notwithstanding subdivision (b), with respect to a donative transfer to the person who drafted the donative instrument, or to a person who is related to, or associated with, the drafter as described in paragraph (5), (6), or (7) of subdivision (a), the presumption created by this section is conclusive. (d) If a beneficiary is unsuccessful in rebutting the presumption, the beneficiary shall bear all costs of the proceeding, including reasonable attorney’s fees. (Amended by Stats. 2019, Ch. 10, Sec. 1. (AB 328) Effective January 1, 2020.) - 21382. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 2. Operation and Effect of Presumption [21380 - 21392] ( Chapter 2 added by Stats. 2010, Ch. 620, Sec. 7. )
Section 21380 does not apply to several listed instruments and transfers.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 2. Operation and Effect of Presumption [21380 - 21392] ( Chapter 2 added by Stats. 2010, Ch. 620, Sec. 7. ) ## 21382. Section 21380 does not apply to any of the following instruments or transfers: (a) Except as provided in paragraph (4) of subdivision (a) of Section 21380, a donative transfer to a person who is related by blood or affinity, within the fourth degree, to the transferor or is the cohabitant of the transferor. (b) An instrument that is drafted or transcribed by a person who is related by blood or affinity, within the fourth degree, to the transferor or is the cohabitant of the transferor. (c) An instrument that is approved pursuant to an order under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 of Division 4, after full disclosure of the relationships of the persons involved. (d) A donative transfer to a federal, state, or local public entity, an entity that qualifies for an exemption from taxation under Section 501(c)(3) or 501(c)(19) of the Internal Revenue Code, or a trust holding the transferred property for the entity. (e) A donative transfer of property valued at five thousand dollars ($5,000) or less, if the total value of the transferor’s estate equals or exceeds the amount stated in Section 13100. (f) An instrument executed outside of California by a transferor who was not a resident of California when the instrument was executed. (Amended by Stats. 2019, Ch. 10, Sec. 2. (AB 328) Effective January 1, 2020.) - 21384. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 2. Operation and Effect of Presumption [21380 - 21392] ( Chapter 2 added by Stats. 2010, Ch. 620, Sec. 7. )
A donative transfer is exempt from Section 21380 if an independent attorney reviews the instrument, counsels the transferor, checks for fraud or undue influence, and gives the transferor a certificate.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 2. Operation and Effect of Presumption [21380 - 21392] ( Chapter 2 added by Stats. 2010, Ch. 620, Sec. 7. ) ## 21384. (a) A donative transfer is not subject to Section 21380 if the instrument is reviewed by an independent attorney who counsels the transferor, out of the presence of any heir or proposed beneficiary, about the nature and consequences of the intended transfer, including the effect of the intended transfer on the transferor’s heirs and on any beneficiary of a prior donative instrument, attempts to determine if the intended transfer is the result of fraud or undue influence, and signs and delivers to the transferor an original certificate in substantially the following form: “CERTIFICATE OF INDEPENDENT REVIEW I, , have reviewed (attorney’s name) and have counseled the transferor, (name of instrument) , on the nature and consequences of any (name of transferor) transfers of property to (name of person described in Section 21380 of the Probate Code) that would be made by the instrument. I am an “independent attorney” as defined in Section 21370 of the Probate Code and am in a position to advise the transferor independently, impartially, and confidentially as to the consequences of the transfer. On the basis of this counsel, I conclude that the transfers to that would(name of person described in Section 21380 of the Probate Code) be made by the instrument are not the product of fraud or undue influence. ” (Name of Attorney) (Date) (b) An attorney whose written engagement, signed by the transferor, is expressly limited solely to compliance with the requirements of this section, shall not be considered to otherwise represent the transferor as a client. (c) An attorney who drafts an instrument can review and certify the same instrument pursuant to this section, but only as to a donative transfer to a care custodian. In all other circumstances, an attorney who drafts an instrument may not review and certify the instrument. (d) If the certificate is prepared by an attorney other than the attorney who drafted the instrument that is under review, a copy of the signed certification shall be provided to the drafting attorney. (Amended by Stats. 2017, Ch. 56, Sec. 2. (SB 153) Effective January 1, 2018.) - 21385. Verify source ↗
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 2. Operation and Effect of Presumption [21380 - 21392] ( Chapter 2 added by Stats. 2010, Ch. 620, Sec. 7. )
Certain at-death transfers between spouses are not subject to Family Code section 721 or the undue influence presumptions created by that section.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 3.7. Presumption of Fraud or Undue Influence [21360 - 21392] ( Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7. ) ## CHAPTER 2. Operation and Effect of Presumption [21380 - 21392] ( Chapter 2 added by Stats. 2010, Ch. 620, Sec. 7. ) ## 21385. (a) An at-death transfer, as defined in Section 21104, between spouses by will, revocable trust, beneficiary form, or other instrument is not subject to Section 721 of the Family Code or any presumptions of undue influence created by that section. (b) This section does not limit the application of any other statutory or common law presumptions of undue influence that may apply to an at-death transfer between spouses. (Added by Stats. 2019, Ch. 43, Sec. 2. (AB 327) Effective January 1, 2020.)
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