Probate Code

Part 7 of 14 · provisions 1,201–1,400

This section says the code is called the Probate Code.

Jurisdiction: United States — California
Instrument: Code
Citation: PROB
Version: Undated source snapshot
Language: en
Official source: View official record ↗
Complete work: View statute overview

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

Statute overview

About this statute

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.

Read the provisions Ask with citations

Search within this statute

Search all stored provisions in this version.

Legal text

Provisions of Probate Code

Showing 200 of 2,672

21386.
## 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. )
Verify source ↗

If a donative transfer fails under this part, the instrument must be treated as if the beneficiary died before the transferor and left no spouse, domestic partner, or issue.

## 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. ) ## 21386. If a donative transfer fails under this part, the instrument making the donative transfer shall operate as if the beneficiary had predeceased the transferor without spouse, domestic partner, or issue. (Amended by Stats. 2017, Ch. 56, Sec. 3. (SB 153) Effective January 1, 2018.)
21388.
## 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. )
Verify source ↗

A person is generally not liable for transferring property under a covered instrument, unless they were served notice before the transfer that the instrument was contested.

## 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. ) ## 21388. (a) A person is not liable for transferring property pursuant to an instrument that is subject to the presumption created under this part, unless the person is served with notice, prior to transferring the property, that the instrument has been contested under this part. (b) A person who is served with notice that an instrument has been contested under this part is not liable for failing to transfer property pursuant to the instrument, unless the person is served with notice that the validity of the transfer has been conclusively determined by a court. (Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)
21390.
## 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. )
Verify source ↗

This part applies even if an instrument says something different.

## 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. ) ## 21390. This part applies notwithstanding a contrary provision in an instrument. (Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)
21392.
## 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. )
Verify source ↗

This section applies to certain instruments that become irrevocable on or after January 1, 2011, and treats some otherwise revocable or amendable instruments as irrevocable if incapacity prevents the transferor from changing the property disposition before death.

## 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. ) ## 21392. (a) This part shall apply to instruments that become irrevocable on or after January 1, 2011. For the purposes of this section, an instrument that is otherwise revocable or amendable shall be deemed to be irrevocable if, on or after January 1, 2011, the transferor by reason of incapacity was unable to change the disposition of the transferor’s property and did not regain capacity before the date of the transferor’s death. (b) It is the intent of the Legislature that this part supplement the common law on fraud and undue influence, without superseding or interfering in the operation of that law. Nothing in this part precludes an action to contest a donative transfer under the common law or under any other applicable law. This subdivision is declarative of existing law. (Amended by Stats. 2017, Ch. 56, Sec. 4. (SB 153) Effective January 1, 2018.)
21400.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ABATEMENT [21400 - 21406] ( Part 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Beneficiaries’ shares abate as needed to carry out the instrument, transferor’s plan, or transfer purpose, unless that result would be defeated by abatement or the instrument provides otherwise.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ABATEMENT [21400 - 21406] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## 21400. Notwithstanding any other provision of this part, if the instrument provides for abatement, or if the transferor’s plan or if the purpose of the transfer would be defeated by abatement as provided in this part, the shares of beneficiaries abate as is necessary to effectuate the instrument, plan, or purpose. (Enacted by Stats. 1990, Ch. 79.)
21401.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ABATEMENT [21400 - 21406] ( Part 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Beneficiaries’ shares abate under this part, except for the listed omitted-spouse, omitted-children, and tax-proration provisions.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ABATEMENT [21400 - 21406] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## 21401. Except as provided in Sections 21612 (omitted spouse) and 21623 (omitted children) and in Division 10 (commencing with Section 20100) (proration of taxes), shares of beneficiaries abate as provided in this part for all purposes, including payment of the debts, expenses, and charges specified in Section 11420, satisfaction of gifts, and payment of expenses on specifically devised property pursuant to Section 12002, and without any priority as between real and personal property. (Amended by Stats. 2003, Ch. 32, Sec. 15. Effective January 1, 2004.)
21402.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ABATEMENT [21400 - 21406] ( Part 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Beneficiary shares abate in a set order: first undisposed property, then residuary gifts, then general gifts, then specific gifts, with relatives and non-relatives ordered as stated.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ABATEMENT [21400 - 21406] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## 21402. (a) Shares of beneficiaries abate in the following order: (1) Property not disposed of by the instrument. (2) Residuary gifts. (3) General gifts to persons other than the transferor’s relatives. (4) General gifts to the transferor’s relatives. (5) Specific gifts to persons other than the transferor’s relatives. (6) Specific gifts to the transferor’s relatives. (b) For purposes of this section, a “relative” of the transferor is a person to whom property would pass from the transferor under Section 6401 or 6402 (intestate succession) if the transferor died intestate and there were no other person having priority. (Enacted by Stats. 1990, Ch. 79.)
21403.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ABATEMENT [21400 - 21406] ( Part 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Beneficiary shares must abate pro rata within each class under Section 21402, subject to subdivision (b).

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ABATEMENT [21400 - 21406] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## 21403. (a) Subject to subdivision (b), shares of beneficiaries abate pro rata within each class specified in Section 21402. (b) Gifts of annuities and demonstrative gifts are treated as specific gifts to the extent they are satisfied out of the fund or property specified in the gift and as general gifts to the extent they are satisfied out of property other than the fund or property specified in the gift. (Enacted by Stats. 1990, Ch. 79.)
21404.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ABATEMENT [21400 - 21406] ( Part 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If a will or other instrument says property given by a specific gift must be cleared of a mortgage, deed of trust, or other lien, another specific gift is not reduced to pay for that exoneration.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ABATEMENT [21400 - 21406] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## 21404. If an instrument requires property that is the subject of a specific gift to be exonerated from a mortgage, deed of trust, or other lien, a specific gift of other property does not abate for the purpose of exonerating the encumbered property. (Enacted by Stats. 1990, Ch. 79.)
21405.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ABATEMENT [21400 - 21406] ( Part 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

When estate administration involves abatement, the court sets each distributee’s contribution and the personal representative reduces the share accordingly. A beneficiary of a specific gift may use other property to cover the abatement contribution if that specific gift must be abated.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ABATEMENT [21400 - 21406] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## 21405. (a) In any case in which there is abatement when a distribution is made during estate administration, the court shall fix the amount each distributee must contribute for abatement. The personal representative shall reduce the distributee’s share by that amount. (b) If a specific gift must be abated, the beneficiary of the specific gift may satisfy the contribution for abatement out of the beneficiary’s property other than the property that is the subject of the specific gift. (Enacted by Stats. 1990, Ch. 79.)
21406.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ABATEMENT [21400 - 21406] ( Part 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section says Part 4 does not apply to gifts made before July 1, 1989, and the prior law continues to govern those gifts.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ABATEMENT [21400 - 21406] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## 21406. (a) This part does not apply to a gift made before July 1, 1989. In the case of a gift made before July 1, 1989, the law that would have applied had this part not been enacted shall apply. (b) For purposes of this section a gift by will is made on the date of the decedent’s death. (Enacted by Stats. 1990, Ch. 79.)
215.
## 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 3. Reporting Fact of Death [215 - 217] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Certain people must notify the Director of Health Care Services of a decedent’s death within 90 days and include a copy of the death certificate.

## 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 3. Reporting Fact of Death [215 - 217] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 215. Where a deceased person has received or may have received health care under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or was the surviving spouse of a person who received that health care, the estate attorney, or if there is no estate attorney, the beneficiary, the personal representative, or the person in possession of property of the decedent shall give the Director of Health Care Services notice of the decedent’s death not later than 90 days after the date of death. The notice shall include a copy of the decedent’s death certificate. The notice shall be given as provided in Section 1215, addressed to the director at the Sacramento office of the director. (Amended by Stats. 2014, Ch. 71, Sec. 135. (SB 1304) Effective January 1, 2015.)
21500.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [21500 - 21503] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section defines “Internal Revenue Code” for this part as the Internal Revenue Code of 1986, as amended.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [21500 - 21503] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 21500. As used in this part, “Internal Revenue Code” means the Internal Revenue Code of 1986, as amended from time to time. A reference to a provision of the Internal Revenue Code includes any subsequent provision of law enacted in its place. (Enacted by Stats. 1990, Ch. 79.)
21501.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [21500 - 21503] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section says which distributions are covered by this part and which older law applies to distributions made between January 1, 1983 and January 1, 1988.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [21500 - 21503] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 21501. (a) This part applies to a distribution made on or after January 1, 1988, whether the transferor died before, on, or after that date. (b) A distribution made on or after January 1, 1983, and before January 1, 1988, is governed by the applicable law in effect before January 1, 1988. (Enacted by Stats. 1990, Ch. 79.)
21502.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [21500 - 21503] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section says the part does not apply to an instrument if the instrument makes that clear, and a transferor may use an appropriate statement to incorporate any or all of the part by reference.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [21500 - 21503] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 21502. (a) This part does not apply to an instrument the terms of which expressly or by necessary implication make this part inapplicable. (b) By an appropriate statement made in an instrument, the transferor may incorporate by reference any or all of the provisions of this part. The effect of incorporating a provision of this part in an instrument is to make the incorporated provision a part of the instrument as though the language of the incorporated provision were set forth verbatim in the instrument. Unless an instrument incorporating a provision of this part provides otherwise, the instrument automatically incorporates the provision’s amendments. (Enacted by Stats. 1990, Ch. 79.)
21503.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [21500 - 21503] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If an instrument uses a formula meant to eliminate federal estate tax, the formula must be applied to eliminate that tax or reduce it as much as possible.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [21500 - 21503] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 21503. (a) If an instrument includes a formula intended to eliminate the federal estate tax, the formula shall be applied to eliminate or to reduce to the maximum extent possible the federal estate tax. (b) If an instrument includes a formula that refers to a maximum fraction or amount that will not result in a federal estate tax, the formula shall be construed to refer to the maximum fraction or amount that will not result in or increase the federal estate tax. (Enacted by Stats. 1990, Ch. 79.)
21520.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Marital Deduction Gifts [21520 - 21526] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section defines “marital deduction” and “marital deduction gift” for this chapter.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Marital Deduction Gifts [21520 - 21526] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 21520. As used in this chapter: (a) “Marital deduction” means the federal estate tax deduction allowed for transfers under Section 2056 of the Internal Revenue Code or the federal gift tax deduction allowed for transfers under Section 2523 of the Internal Revenue Code. (b) “Marital deduction gift” means a transfer of property that is intended to qualify for the marital deduction. (Enacted by Stats. 1990, Ch. 79.)
21521.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Marital Deduction Gifts [21520 - 21526] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Sections 21524 and 21526 do not apply to a qualifying marital deduction trust, called an estate trust.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Marital Deduction Gifts [21520 - 21526] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 21521. Sections 21524 and 21526 do not apply to a trust that qualifies for the marital deduction under Section 20.2056(e)-2(b) of the Code of Federal Regulations (commonly referred to as the “estate trust”). (Enacted by Stats. 1990, Ch. 79.)
21522.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Marital Deduction Gifts [21520 - 21526] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If an instrument includes a marital deduction gift, its terms must be read to comply with the Internal Revenue Code, and the fiduciary may not do anything or exercise any power that would reduce the deduction.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Marital Deduction Gifts [21520 - 21526] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 21522. If an instrument contains a marital deduction gift: (a) The provisions of the instrument, including any power, duty, or discretionary authority given to a fiduciary, shall be construed to comply with the marital deduction provisions of the Internal Revenue Code. (b) The fiduciary shall not take any action or have any power that impairs the deduction as applied to the marital deduction gift. (c) The marital deduction gift may be satisfied only with property that qualifies for the marital deduction. (Enacted by Stats. 1990, Ch. 79.)
21523.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Marital Deduction Gifts [21520 - 21526] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section applies to certain instruments executed before September 12, 1981 and tells how a gift is treated when the instrument shows an intent to give the maximum marital deduction.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Marital Deduction Gifts [21520 - 21526] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 21523. (a) The Economic Recovery Tax Act of 1981 was enacted August 13, 1981. This section applies to an instrument executed before September 12, 1981 (before 30 days after enactment of the Economic Recovery Tax Act of 1981). (b) If an instrument described in subdivision (a) indicates the transferor’s intention to make a gift that will provide the maximum allowable marital deduction, the instrument passes to the recipient an amount equal to the maximum amount of the marital deduction that would have been allowed as of the date of the gift under federal law as it existed before enactment of the Economic Recovery Tax Act of 1981, with adjustments for the following, if applicable: (1) The provisions of Section 2056(c)(1)(B) and (C) of the Internal Revenue Code in effect immediately before enactment of the Economic Recovery Tax Act of 1981. (2) To reduce the amount passing under the gift by the final federal estate tax values of any other property that passes under or outside of the instrument and qualifies for the marital deduction. This subdivision does not apply to qualified terminable interest property under Section 2056(b)(7) of the Internal Revenue Code. (Enacted by Stats. 1990, Ch. 79.)
21524.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Marital Deduction Gifts [21520 - 21526] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If a marital deduction gift is placed in trust, the spouse must be the only income/principal beneficiary while alive, receive income at least annually, and may require the trustee to make unproductive property productive or convert it to productive property.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Marital Deduction Gifts [21520 - 21526] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 21524. If a marital deduction gift is made in trust, in addition to the other provisions of this chapter, each of the following provisions also applies to the marital deduction trust: (a) The transferor’s spouse is the only beneficiary of income or principal of the marital deduction property as long as the spouse is alive. Nothing in this subdivision precludes exercise by the transferor’s spouse of a power of appointment included in a trust that qualifies as a general power of appointment marital deduction trust. (b) The transferor’s spouse is entitled to all of the income of the marital deduction property not less frequently than annually, as long as the spouse is alive. For purposes of this subdivision, income shall be construed in a manner consistent with subdivision (b) of Section 2056 and subdivision (f) of Section 2523 of the Internal Revenue Code and shall include a unitrust payment or other allocation of income determined pursuant to a reasonable apportionment of total investment return that meets the requirements of Section 643 of the Internal Revenue Code and the regulations adopted pursuant to that statute. (c) The transferor’s spouse has the right to require that the trustee of the trust make unproductive marital deduction property productive or to convert it into productive property within a reasonable time. (Amended by Stats. 2016, Ch. 140, Sec. 1. (SB 1265) Effective January 1, 2017.)
21525.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Marital Deduction Gifts [21520 - 21526] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A marital deduction gift condition requiring the spouse to outlive the transferor is limited to six months, unless the condition involves a common disaster.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Marital Deduction Gifts [21520 - 21526] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 21525. (a) If an instrument that makes a marital deduction gift includes a condition that the transferor’s spouse survive the transferor by a period that exceeds or may exceed six months, other than a condition described in subdivision (b), the condition shall be limited to six months as applied to the marital deduction gift. (b) If an instrument that makes a marital deduction gift includes a condition that the transferor’s spouse survive a common disaster that results in the death of the transferor, the condition shall be limited to the time of the final audit of the federal estate tax return for the transferor’s estate, if any, as applied to the marital deduction gift. (c) The amendment of subdivision (a) made by Chapter 113 of the Statutes of 1988 is declaratory of, and not a change in, either existing law or former Section 1036 (repealed by Chapter 923 of the Statutes of 1987). (Enacted by Stats. 1990, Ch. 79.)
21526.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Marital Deduction Gifts [21520 - 21526] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A fiduciary is not liable for a good-faith decision to make, or not make, certain Internal Revenue Code elections.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Marital Deduction Gifts [21520 - 21526] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 21526. A fiduciary is not liable for a good faith decision to make any election, or not to make any election, referred to in Section 2056(b)(7) or Section 2523(f) of the Internal Revenue Code. (Enacted by Stats. 1990, Ch. 79.)
21540.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Charitable Gifts [21540 - 21541] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If an instrument is meant to comply with IRS charitable remainder trust rules, it must be read to fit the referenced deduction and trust provisions, and the fiduciary may not act in a way that harms the charitable deduction.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Charitable Gifts [21540 - 21541] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 21540. If an instrument indicates the transferor’s intention to comply with the Internal Revenue Code requirements for a charitable remainder unitrust or a charitable remainder annuity trust as each is defined in Section 664 of the Internal Revenue Code, the provisions of the instrument, including any power, duty, or discretionary authority given to a fiduciary, shall be construed to comply with the charitable deduction provisions of Section 2055 or Section 2522 of the Internal Revenue Code and the charitable remainder trust provisions of Section 664 of the Internal Revenue Code in order to conform to that intent. In no event shall the fiduciary take an action or have a power that impairs the charitable deduction. The provisions of the instrument may be augmented in any manner consistent with Section 2055(e) or Section 2522(c) of the Internal Revenue Code on a petition provided for in Section 17200. (Enacted by Stats. 1990, Ch. 79.)
21541.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Charitable Gifts [21540 - 21541] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If a document shows an intent to comply with charitable lead trust rules, it must be read to fit those rules, and the fiduciary must not do anything that would reduce the charitable deduction.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE [21500 - 21541] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Charitable Gifts [21540 - 21541] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 21541. If an instrument indicates the transferor’s intention to comply with the requirements for a charitable lead trust as described in Section 170(f)(2)(B) and Section 2055(e)(2) or Section 2522(c)(2) of the Internal Revenue Code, the provisions of the instrument, including any power, duty, or discretionary authority given to a fiduciary, shall be construed to comply with the provisions of that section in order to conform to that intent. In no event shall the fiduciary take any action or have any power that impairs the charitable deduction. The provisions of the instrument may be augmented in any manner consistent with that intent upon a petition provided for in Section 17200. (Enacted by Stats. 1990, Ch. 79.)
216.
## 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 3. Reporting Fact of Death [215 - 217] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Certain listed persons must notify the Director of the California Victim Compensation Board of a decedent’s death within 90 days when the decedent’s heir or beneficiary is confined or was previously confined.

## 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 3. Reporting Fact of Death [215 - 217] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 216. (a) For the purposes of this section “confined” means to be confined in a prison or facility under the jurisdiction of the Department of Corrections and Rehabilitation, or its Division of Juvenile Facilities, or confined in any county or city jail, road camp, industrial farm, or other local correctional facility. (b) The estate attorney, or if there is no estate attorney, the beneficiary, the personal representative, or the person in possession of property of the decedent shall give the Director of the California Victim Compensation Board notice of a decedent’s death not later than 90 days after the date of death in either of the following circumstances: (1) The deceased person has an heir or beneficiary who is confined. (2) The estate attorney, or if there is no estate attorney, the beneficiary, the personal representative, or the person in possession of property of the decedent, knows that an heir or beneficiary has previously been confined. (c) The notice shall be given as provided in Section 1215 and shall include all of the following: (1) The name, date of birth, and location of incarceration, or current address if no longer incarcerated, of the decedent’s heir or beneficiary. (2) The heir’s or beneficiary’s CDCR number if incarcerated in a Department of Corrections and Rehabilitation facility or booking number if incarcerated in a county facility. (3) A copy of the decedent’s death certificate. (4) The probate case number, and the name of the superior court hearing the case. (d) Nothing in this section shall be interpreted as requiring the estate attorney, the beneficiary, the personal representative, or the person in possession of property of the decedent to conduct an additional investigation to determine whether a decedent has an heir or beneficiary who has been confined in a prison or facility under the jurisdiction of the Department of Corrections and Rehabilitation, or its Division of Juvenile Facilities, or confined in any county or city jail, road camp, industrial farm, or other local correctional facility. (Amended by Stats. 2016, Ch. 31, Sec. 260. (SB 836) Effective June 27, 2016.)
21600.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 1. General Provisions [21600 - 21601] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 34. )
Verify source ↗

This part applies to property passing by will through a decedent’s estate or by a trust that becomes irrevocable only on the settlor’s death.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 1. General Provisions [21600 - 21601] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 34. ) ## 21600. This part shall apply to property passing by will through a decedent’s estate or by a trust, as defined in Section 82, that becomes irrevocable only on the death of the settlor. (Added by Stats. 1997, Ch. 724, Sec. 34. Effective January 1, 1998.)
21601.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 1. General Provisions [21600 - 21601] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 34. )
Verify source ↗

This section defines “decedent’s testamentary instruments” and “estate” 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 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 1. General Provisions [21600 - 21601] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 34. ) ## 21601. (a) For purposes of this part, “decedent’s testamentary instruments” means the decedent’s will or revocable trust. (b) “Estate” as used in this part shall include a decedent’s probate estate and all property held in any revocable trust that becomes irrevocable on the death of the decedent. (Added by Stats. 1997, Ch. 724, Sec. 34. Effective January 1, 1998.)
21610.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 2. Omitted Spouses [21610 - 21612] ( Chapter 2 added by Stats. 1997, Ch. 724, Sec. 34. )
Verify source ↗

An omitted surviving spouse may be entitled to a share of the decedent’s estate if the decedent did not provide for that spouse in a testamentary instrument.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 2. Omitted Spouses [21610 - 21612] ( Chapter 2 added by Stats. 1997, Ch. 724, Sec. 34. ) ## 21610. Except as provided in Section 21611, if a decedent fails to provide in a testamentary instrument for the decedent’s surviving spouse who married the decedent after the execution of all of the decedent’s testamentary instruments, the omitted spouse shall receive a share in the decedent’s estate, consisting of the following property in said estate: (a) The one-half of the community property that belongs to the decedent under Section 100. (b) The one-half of the quasi-community property that belongs to the decedent under Section 101. (c) A share of the separate property of the decedent equal in value to that which the spouse would have received if the decedent had died without having executed a testamentary instrument, but in no event is the share to be more than one-half the value of the separate property in the estate. (Added by Stats. 1997, Ch. 724, Sec. 34. Effective January 1, 1998.)
21611.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 2. Omitted Spouses [21610 - 21612] ( Chapter 2 added by Stats. 1997, Ch. 724, Sec. 34. )
Verify source ↗

A spouse generally cannot receive a share of the estate under Section 21610 if one of the listed conditions is proved, but a covered spouse may still receive a share if they prove the marriage was not the product of fraud or undue influence.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 2. Omitted Spouses [21610 - 21612] ( Chapter 2 added by Stats. 1997, Ch. 724, Sec. 34. ) ## 21611. The spouse shall not receive a share of the estate under Section 21610 if any of the following is established: (a) The decedent’s failure to provide for the spouse in the decedent’s testamentary instruments was intentional and that intention appears from the testamentary instruments. (b) The decedent provided for the spouse by transfer outside of the estate passing by the decedent’s testamentary instruments and the intention that the transfer be in lieu of a provision in said instruments is shown by statements of the decedent or from the amount of the transfer or by other evidence. (c) The spouse made a valid agreement waiving the right to share in the decedent’s estate. (d) (1) If both of the following apply: (A) The spouse was a care custodian, as that term is defined in Section 21362, of the decedent who was a dependent adult, as that term is defined in Section 21366, and the marriage commenced while the care custodian provided services to the decedent, or within 90 days after those services were last provided to the decedent. (B) The decedent died less than six months after the marriage commenced. (2) Notwithstanding paragraph (1), a spouse described by this subdivision shall be entitled to receive a share of the estate pursuant to Section 21610 if the spouse proves by clear and convincing evidence that the marriage between the spouse and the decedent was not the product of fraud or undue influence. (Amended by Stats. 2019, Ch. 10, Sec. 3. (AB 328) Effective January 1, 2020.)
21612.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 2. Omitted Spouses [21610 - 21612] ( Chapter 2 added by Stats. 1997, Ch. 724, Sec. 34. )
Verify source ↗

When satisfying an omitted-spouse share, the share is taken first from property not disposed of by will or trust, and if that is not enough, from testamentary beneficiaries proportionally. A specific gift or devise may be exempted if needed to preserve the decedent’s obvious intent.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 2. Omitted Spouses [21610 - 21612] ( Chapter 2 added by Stats. 1997, Ch. 724, Sec. 34. ) ## 21612. (a) Except as provided in subdivision (b), in satisfying a share provided by this chapter: (1) The share will first be taken from the decedent’s estate not disposed of by will or trust, if any. (2) If that is not sufficient, so much as may be necessary to satisfy the share shall be taken from all beneficiaries of decedent’s testamentary instruments in proportion to the value they may respectively receive. The proportion of each beneficiary’s share that may be taken pursuant to this subdivision shall be determined based on values as of the date of the decedent’s death. (b) If the obvious intention of the decedent in relation to some specific gift or devise or other provision of a testamentary instrument would be defeated by the application of subdivision (a), the specific devise or gift or provision may be exempted from the apportionment under subdivision (a), and a different apportionment, consistent with the intention of the decedent, may be adopted. (Added by renumbering Section 26112 by Stats. 2003, Ch. 32, Sec. 17. Effective January 1, 2004.)
21620.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 3. Omitted Children [21620 - 21623] ( Chapter 3 added by Stats. 1997, Ch. 724, Sec. 34. )
Verify source ↗

Except for Section 21621, an omitted child may be entitled to an estate share if the decedent left the child out of the will(s).

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 3. Omitted Children [21620 - 21623] ( Chapter 3 added by Stats. 1997, Ch. 724, Sec. 34. ) ## 21620. Except as provided in Section 21621, if a decedent fails to provide in a testamentary instrument for a child of decedent born or adopted after the execution of all of the decedent’s testamentary instruments, the omitted child shall receive a share in the decedent’s estate equal in value to that which the child would have received if the decedent had died without having executed any testamentary instrument. (Added by Stats. 1997, Ch. 724, Sec. 34. Effective January 1, 1998.)
21621.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 3. Omitted Children [21620 - 21623] ( Chapter 3 added by Stats. 1997, Ch. 724, Sec. 34. )
Verify source ↗

A child does not get a share of the estate under Section 21620 if the statute’s listed conditions are proven.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 3. Omitted Children [21620 - 21623] ( Chapter 3 added by Stats. 1997, Ch. 724, Sec. 34. ) ## 21621. A child shall not receive a share of the estate under Section 21620 if any of the following is established: (a) The decedent’s failure to provide for the child in the decedent’s testamentary instruments was intentional and that intention appears from the testamentary instruments. (b) The decedent had one or more children and devised or otherwise directed the disposition of substantially all the estate to the other parent of the omitted child. (c) The decedent provided for the child by transfer outside of the estate passing by the decedent’s testamentary instruments and the intention that the transfer be in lieu of a provision in said instruments is shown by statements of the decedent or from the amount of the transfer or by other evidence. (Amended by Stats. 2024, Ch. 80, Sec. 108.5. (SB 1525) Effective January 1, 2025.)
21622.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 3. Omitted Children [21620 - 21623] ( Chapter 3 added by Stats. 1997, Ch. 724, Sec. 34. )
Verify source ↗

If a decedent omitted a living child from testamentary instruments because the decedent thought the child was dead or did not know of the birth, the child is entitled to an estate share.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 3. Omitted Children [21620 - 21623] ( Chapter 3 added by Stats. 1997, Ch. 724, Sec. 34. ) ## 21622. If, at the time of the execution of all of decedent’s testamentary instruments effective at the time of decedent’s death, the decedent failed to provide for a living child solely because the decedent believed the child to be dead or was unaware of the birth of the child, the child shall receive a share in the estate equal in value to that which the child would have received if the decedent had died without having executed any testamentary instruments. (Added by Stats. 1997, Ch. 724, Sec. 34. Effective January 1, 1998.)
21623.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 3. Omitted Children [21620 - 21623] ( Chapter 3 added by Stats. 1997, Ch. 724, Sec. 34. )
Verify source ↗

This section says how an omitted child’s share is paid: first from the decedent’s property not disposed of by will or trust, and if that is not enough, then from beneficiaries of the testamentary instruments in proportion to what they receive.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 3. Omitted Children [21620 - 21623] ( Chapter 3 added by Stats. 1997, Ch. 724, Sec. 34. ) ## 21623. (a) Except as provided in subdivision (b), in satisfying a share provided by this chapter: (1) The share will first be taken from the decedent’s estate not disposed of by will or trust, if any. (2) If that is not sufficient, so much as may be necessary to satisfy the share shall be taken from all beneficiaries of decedent’s testamentary instruments in proportion to the value they may respectively receive. The proportion of each beneficiary’s share that may be taken pursuant to this subdivision shall be determined based on values as of the date of the decedent’s death. (b) If the obvious intention of the decedent in relation to some specific gift or devise or other provision of a testamentary instrument would be defeated by the application of subdivision (a), the specific devise or gift or provision of a testamentary instrument may be exempted from the apportionment under subdivision (a), and a different apportionment, consistent with the intention of the decedent, may be adopted. (Amended by Stats. 2003, Ch. 32, Sec. 16. Effective January 1, 2004.)
21630.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 4. Applicability [21630- 21630.] ( Chapter 4 added by Stats. 1997, Ch. 724, Sec. 34. )
Verify source ↗

This part does not apply if the decedent died before January 1, 1998.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600 - 21630] ( Part 6 added by Stats. 1997, Ch. 724, Sec. 34. ) ## CHAPTER 4. Applicability [21630- 21630.] ( Chapter 4 added by Stats. 1997, Ch. 724, Sec. 34. ) ## 21630. This part does not apply if the decedent died before January 1, 1998. The law applicable prior to January 1, 1998, applies if the decedent died before January 1, 1998. (Added by Stats. 1997, Ch. 724, Sec. 34. Effective January 1, 1998.)
217.
## 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 3. Reporting Fact of Death [215 - 217] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A business may not require an in-person cancellation when certain people request cancellation of a deceased person’s services.

## 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 3. Reporting Fact of Death [215 - 217] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 217. (a) A business that receives an oral or written request from a family member, attorney, or personal representative of a deceased person to cancel that person’s services may not require an in-person cancellation. (b) For purposes of this section, “services” include, but are not limited to, gas, electrical, water, sewage, cable, satellite, telephone, or cellular telephone service. (Added by Stats. 2007, Ch. 14, Sec. 1. Effective January 1, 2008.)
21700.
## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CONTRACTS REGARDING TESTAMENTARY OR INTESTATE SUCCESSION [21700- 21700.] ( Part 7 added by Stats. 2000, Ch. 17, Sec. 8. )
Verify source ↗

A contract about making, not revoking, or dying intestate can be proven only by specified forms of evidence if made after this statute’s effective date.

## Probate Code - PROB ## DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. 1990, Ch. 79. ) ## PART 7. CONTRACTS REGARDING TESTAMENTARY OR INTESTATE SUCCESSION [21700- 21700.] ( Part 7 added by Stats. 2000, Ch. 17, Sec. 8. ) ## 21700. (a) A contract to make a will or devise or other instrument, or not to revoke a will or devise or other instrument, or to die intestate, if made after the effective date of this statute, can be established only by one of the following: (1) Provisions of a will or other instrument stating the material provisions of the contract. (2) An expressed reference in a will or other instrument to a contract and extrinsic evidence proving the terms of the contract. (3) A writing signed by the decedent evidencing the contract. (4) Clear and convincing evidence of an agreement between the decedent and the claimant or a promise by the decedent to the claimant that is enforceable in equity. (5) Clear and convincing evidence of an agreement between the decedent and another person for the benefit of the claimant or a promise by the decedent to another person for the benefit of the claimant that is enforceable in equity. (b) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. (c) A contract to make a will or devise or other instrument, or not to revoke a will or devise or other instrument, or to die intestate, if made prior to the effective date of this section, shall be construed under the law applicable to the contract prior to the effective date of this section. (Added by Stats. 2000, Ch. 17, Sec. 8. Effective January 1, 2001.)
22.
## 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. )
Verify source ↗

This section defines “Account in an insured credit union” as a share account in a credit union that is federally chartered or state licensed and insured under Title II of the Federal Credit Union Act.

## 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. ) ## 22. “Account in an insured credit union” means a share account in a credit union, either federally chartered or state licensed, that is insured under Title II of the Federal Credit Union Act (12 U.S.C. Sec. 1781, et seq.). (Enacted by Stats. 1990, Ch. 79.)
220.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [220 - 226] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If death order cannot be proved by clear and convincing evidence, each person’s property is treated as if that person survived the other, unless this chapter provides otherwise.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [220 - 226] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 220. Except as otherwise provided in this chapter, if the title to property or the devolution of property depends upon priority of death and it cannot be established by clear and convincing evidence that one of the persons survived the other, the property of each person shall be administered or distributed, or otherwise dealt with, as if that person had survived the other. (Enacted by Stats. 1990, Ch. 79.)
2200.
## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [2200 - 2205] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The superior court has jurisdiction over guardianship and conservatorship proceedings.

## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [2200 - 2205] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2200. (a) The superior court has jurisdiction of guardianship and conservatorship proceedings. (b) Chapter 8 (commencing with Section 1980) of Part 3 governs which state has jurisdiction of a conservatorship proceeding. (Amended by Stats. 2014, Ch. 553, Sec. 22. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
2201.
## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [2200 - 2205] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardianship or conservatorship proceeding for a resident of this state may be started in the county where the proposed ward or conservatee lives, or in another county if that is in the proposed ward’s or conservatee’s best interests.

## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [2200 - 2205] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2201. The proper county for the commencement of a guardianship or conservatorship proceeding for a resident of this state is either of the following: (a) The county in which the proposed ward or proposed conservatee resides. (b) Such other county as may be in the best interests of the proposed ward or proposed conservatee. (Enacted by Stats. 1990, Ch. 79.)
2202.
## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [2200 - 2205] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section says which county is the proper place to start guardianship or conservatorship proceedings for a nonresident.

## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [2200 - 2205] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2202. (a) The proper county for the commencement of a proceeding for the guardianship or conservatorship of the person of a nonresident of this state is either of the following: (1) The county in which the proposed ward or conservatee is temporarily living. (2) Such other county as may be in the best interests of the proposed ward or proposed conservatee. (b) The proper county for the commencement of a proceeding for the guardianship or conservatorship of the estate for a nonresident of this state is any of the following: (1) The county in which the proposed ward or proposed conservatee is temporarily living. (2) Any county in which the proposed ward or proposed conservatee has property. (3) Such other county as may be in the best interests of the proposed ward or proposed conservatee. (Enacted by Stats. 1990, Ch. 79.)
2203.
## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [2200 - 2205] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If guardianship or conservatorship proceedings are filed in more than one county, the first granted case controls and the other case must be dismissed.

## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [2200 - 2205] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2203. (a) If proceedings for the guardianship or conservatorship of the estate are commenced in more than one county, the guardianship or conservatorship of the estate first granted, including a temporary guardianship or conservatorship of the estate, governs and extends to all the property of the ward or conservatee within this state and the other proceeding shall be dismissed. (b) If proceedings for the guardianship or conservatorship of the person are commenced in more than one county, the guardianship or conservatorship of the person first granted, including a temporary guardianship or conservatorship of the person, governs and the other proceeding shall be dismissed. (c) If a proceeding for the guardianship or conservatorship of the person is commenced in one county and a proceeding for the guardianship or conservatorship of the estate is commenced in a different county, the court first granting the guardianship or conservatorship, whether of the person or of the estate, may find that it is in the best interests of the ward or conservatee that the guardianship or conservatorship of both the person and the estate be maintained in that county or in such other county as the court shall determine. Thereupon, the guardianship or conservatorship proceeding in the court of the county found by the court to be in the best interests of the ward or conservatee shall govern and shall extend to all property of the ward or conservatee within this state, and the other proceeding shall be dismissed. (Enacted by Stats. 1990, Ch. 79.)
2204.
## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [2200 - 2205] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section sets venue and transfer rules for guardianship proceedings involving a minor, and requires courts to communicate and exchange orders with related custody or visitation courts.

## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [2200 - 2205] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2204. (a) If a proceeding for the guardianship of the person of the minor is filed in one county and a custody or visitation proceeding has already been filed in one or more other counties, the following shall apply: (1) If the guardianship proceeding is filed in a county where the proposed ward and the proposed guardian have resided for six or more consecutive months immediately prior to the commencement of the proceeding, or, in the case of a minor less than six months of age, since the minor’s birth, the court in that county is the proper court to hear and determine the guardianship proceeding, unless that court determines that the best interests of the minor require that the proceeding be transferred to one of the other courts. A period of temporary absence no longer than 30 days from the county of the minor or the proposed guardian shall not be considered an interruption of the six-month period. (2) If the guardianship proceeding is filed in a county where the proposed ward and the proposed guardian have resided for less than six consecutive months immediately prior to the commencement of the proceeding, or, in the case of a minor less than six months of age, a period less than the minor’s life, the court shall transfer the case to one of the other courts, unless the court determines that the best interests of the minor require that the guardianship proceeding be maintained in the court where it was filed. (3) If a petitioner or respondent in a custody or visitation proceeding who is an authorized petitioner under Section 2212 petitions the court where the guardianship proceeding is filed for transfer of the guardianship proceeding to the court where the custody or visitation proceeding is on file at any time before the appointment of a guardian, including a temporary guardian, the provisions of this subdivision shall apply to the court’s determination of the petition for transfer. Except as provided in this paragraph, the petition for transfer shall be determined as provided in Sections 2212 to 2217, inclusive. (b) The following shall apply concerning communications between the courts: (1) The court where the guardianship proceeding is commenced shall communicate concerning the proceedings with each court where a custody or visitation proceeding is on file prior to making a determination authorized in subdivision (a), including a determination of a petition to transfer. (2) If a petitioner or respondent, who is authorized to petition to transfer under Section 2212, petitions the court where the guardianship proceeding is filed for transfer of the guardianship after the appointment of a guardian, including a temporary guardian, the court in the guardianship proceeding may communicate with each court where a custody or visitation proceeding is on file before determining the petition for transfer. (3) If the court in the guardianship proceeding appoints a guardian of the person of the minor, including a temporary guardian, the court shall transmit a copy of the order appointing a guardian to each court where a custody or visitation proceeding is on file, and each of those courts shall file the order in the case file for its custody or visitation proceeding. (4) The provisions of subdivisions (b) to (e), inclusive, of Section 3410 of the Family Code shall apply to communications between courts under this subdivision. (5) The Judicial Council shall, on or before January 1, 2013, adopt rules of court to implement the provisions of this subdivision. (c) For purposes of this section, “custody or visitation proceeding” means a proceeding described in Section 3021 of the Family Code that relates to the rights to custody or visitation of the minor under Part 2 (commencing with Section 3020) of Division 8 of the Family Code. (Amended by Stats. 2012, Ch. 207, Sec. 1. (AB 2683) Effective January 1, 2013.)
2205.
## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [2200 - 2205] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

After a guardianship order for a minor is filed, the guardianship court has exclusive jurisdiction over custody and visitation issues until the guardianship ends, subject to stated exceptions and related consolidation rules.

## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [2200 - 2205] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2205. (a) Except as provided in Section 304 of the Welfare and Institutions Code, and subject to the provisions specified in subdivision (b), upon the filing of an order appointing a guardian of the person of a minor in a guardianship proceeding, including an order appointing a temporary guardian of the person of the minor, the court in the guardianship proceeding shall have exclusive jurisdiction to determine all issues of custody or visitation of the minor until the guardianship proceeding is terminated. (b) This section is subject to the provisions of Sections 1510 of this code, and 8714, 8714.5, and 8802 of the Family Code, relating to consolidation of guardianship and adoption proceedings and the court where the consolidated case is to be heard and decided. (Added by Stats. 2011, Ch. 102, Sec. 3. (AB 458) Effective January 1, 2012.)
221.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [220 - 226] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This chapter does not apply in cases covered by Sections 103, 6211, or 6403, or where a trust, deed, insurance contract, or other arrangement already sets a different rule for simultaneous death or survivorship.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [220 - 226] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 221. (a) This chapter does not apply in any case where Section 103, 6211, or 6403 applies. (b) This chapter does not apply in the case of a trust, deed, or contract of insurance, or any other situation, where (1) provision is made dealing explicitly with simultaneous deaths or deaths in a common disaster or otherwise providing for distribution of property different from the provisions of this chapter or (2) provision is made requiring one person to survive another for a stated period in order to take property or providing for a presumption as to survivorship that results in a distribution of property different from that provided by this chapter. (Amended by Stats. 2002, Ch. 138, Sec. 3. Effective January 1, 2003.)
2210.
## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section defines “guardian or conservator” and “ward or conservatee” for this article.

## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2210. As used in this article: (a) “Guardian or conservator” includes a proposed guardian or proposed conservator. (b) “Ward or conservatee” includes a proposed ward or proposed conservatee. (Enacted by Stats. 1990, Ch. 79.)
2211.
## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A court may transfer a pending guardianship or conservatorship proceeding to another county in the state if someone petitions for the transfer.

## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2211. The court in which a guardianship or conservatorship proceeding is pending may, upon petition therefor, transfer the proceeding to another county within this state. (Enacted by Stats. 1990, Ch. 79.)
2212.
## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A petition for transfer may be filed only by certain listed people, including the guardian, conservator, ward, conservatee, close family members, friends, or other interested persons.

## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2212. The petition for transfer may be filed only by one or more of the following: (a) The guardian or conservator. (b) The ward or conservatee. (c) The spouse of the ward or the spouse or domestic partner of the conservatee. (d) A relative or friend of the ward or conservatee. (e) Any other interested person. (Amended by Stats. 2001, Ch. 893, Sec. 29. Effective January 1, 2002.)
2213.
## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A transfer petition must include specified information about the proceeding, the ward or conservatee, property, reasons for transfer, certain relatives or partners, and the guardian or conservator if different from the petitioner.

## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2213. The petition for transfer shall set forth all of the following: (a) The county to which the proceeding is to be transferred. (b) The name and address of the ward or conservatee. (c) A brief description of the character, value, and location of the property of the ward or conservatee. (d) The reasons for the transfer. (e) The names and addresses, so far as they are known to the petitioner, of the spouse and of the relatives of the ward within the second degree, or of the spouse or domestic partner and of the relatives of the conservatee within the second degree. (f) The name and address of the guardian or conservator if other than the petitioner. (Amended by Stats. 2001, Ch. 893, Sec. 30. Effective January 1, 2002.)
2214.
## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The petitioner must give hearing notice and deliver a notice of the time and place of the hearing plus a copy of the petition to required persons at least 15 days before the hearing.

## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2214. Notice of the hearing shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. In addition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to all persons required to be listed in the petition at least 15 days before the date set for the hearing. (Amended by Stats. 2017, Ch. 319, Sec. 41. (AB 976) Effective January 1, 2018.)
2215.
## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Certain listed persons may appear at the hearing and file written objections, and the court must transfer the proceeding to another county if the transfer is in the ward’s or conservatee’s best interests.

## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2215. (a) Any of the following persons may appear at the hearing to support or oppose the petition and may file written objections to the petition: (1) Any person required to be listed in the petition. (2) Any creditor of the ward or conservatee or of the estate. (3) Any other interested person. (b) (1) If the court determines that the transfer requested in the petition will be for the best interests of the ward or conservatee, it shall make an order transferring the proceeding to the other county. (2) In those cases in which the court has approved a change of residence of the conservatee, it shall be presumed to be in the best interests of the conservatee to transfer the proceedings if the ward or conservatee has moved his or her residence to another county within the state in which any person set forth in subdivision (b) of Section 1821 also resides. The presumption that the transfer is in the best interests of the ward or conservatee, may be rebutted by clear and convincing evidence that the transfer will harm the ward or conservatee. (Amended by Stats. 2006, Ch. 493, Sec. 14. Effective January 1, 2007.)
2216.
## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

When a case is transferred, the clerk must send the receiving court a certified or exemplified copy of the transfer order and the file papers.

## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2216. (a) Upon the order of transfer, the clerk shall transmit to the clerk of the court to which the proceeding is transferred a certified or exemplified copy of the order, together with all papers in the proceeding on file with the clerk. (b) The clerk of the court from which the removal is made shall receive no fee therefor but shall be paid out of the estate all expenses incurred by the clerk in the removal. The clerk of the court to which the proceeding is transferred is entitled to such fees as are payable on the filing of a like original proceeding. (Enacted by Stats. 1990, Ch. 79.)
2217.
## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

When venue is transferred to another county, the transferring court must hold a hearing within two months and, if notice has not been made, make reasonable inquiry. The receiving court must send written notice of receipt and take action to ensure compliance; in a conservatorship, it may also review the case.

## 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 2. Jurisdiction and Venue [2200 - 2217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Change of Venue [2210 - 2217] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2217. (a) When an order has been made transferring venue to another county, the court transferring the matter shall set a hearing within two months to confirm receipt of the notification described in subdivision (b). If the notification has not been made, the transferring court shall make reasonable inquiry into the status of the matter. (b) When a court receives the file of a transferred guardianship or conservatorship, the court: (1) Shall send written notification of the receipt to the court that transferred the matter. (2) Shall take proper action pursuant to ensure compliance by the guardian or conservator with the matters provided in Section 1456.5. (3) If the case is a conservatorship, may conduct a review, including an investigation, as described in Sections 1851 to 1853, inclusive. (Added by Stats. 2007, Ch. 553, Sec. 11. Effective January 1, 2008.)
222.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [220 - 226] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If a beneficiary’s right depends on surviving another person and survival cannot be proved by clear and convincing evidence, the beneficiary is treated as not having survived. If there are two or more beneficiaries and no beneficiary’s survival can be proved, the property is split equally and handled as if each beneficiary had survived the others.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [220 - 226] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 222. (a) If property is so disposed of that the right of a beneficiary to succeed to any interest in the property is conditional upon surviving another person and it cannot be established by clear and convincing evidence that the beneficiary survived the other person, the beneficiary is deemed not to have survived the other person. (b) If property is so disposed of that one of two or more beneficiaries would have been entitled to the property if he or she had survived the others, and it cannot be established by clear and convincing evidence that any beneficiary survived any other beneficiary, the property shall be divided into as many equal portions as there are beneficiaries and the portion of each beneficiary shall be administered or distributed, or otherwise dealt with, as if that beneficiary had survived the other beneficiaries. (Enacted by Stats. 1990, Ch. 79.)
223.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [220 - 226] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If joint tenants die and it cannot be proved who survived whom, the property is treated as if each had survived for a share of the property.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [220 - 226] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 223. (a) As used in this section, “joint tenants” includes owners of property held under circumstances that entitled one or more to the whole of the property on the death of the other or others. (b) If property is held by two joint tenants and both of them have died and it cannot be established by clear and convincing evidence that one survived the other, the property held in joint tenancy shall be administered or distributed, or otherwise dealt with, one-half as if one joint tenant had survived and one-half as if the other joint tenant had survived. (c) If property is held by more than two joint tenants and all of them have died and it cannot be established by clear and convincing evidence that any of them survived the others, the property held in joint tenancy shall be divided into as many portions as there are joint tenants and the share of each joint tenant shall be administered or distributed, or otherwise dealt with, as if that joint tenant had survived the other joint tenants. (Enacted by Stats. 1990, Ch. 79.)
224.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [220 - 226] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If an insured person and a life or accident insurance beneficiary both die and it is unclear that the beneficiary survived, the policy proceeds are treated as if the insured outlived the beneficiary, unless a narrow community-property exception applies.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [220 - 226] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 224. If the insured and a beneficiary under a policy of life or accident insurance have died and it cannot be established by clear and convincing evidence that the beneficiary survived the insured, the proceeds of the policy shall be administered or distributed, or otherwise dealt with, as if the insured had survived the beneficiary, except if the policy is community or quasi-community property of the insured and the spouse of the insured and there is no alternative beneficiary except the estate or personal representative of the insured, the proceeds shall be distributed as community property under Section 103. (Enacted by Stats. 1990, Ch. 79.)
2250.
## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section lets eligible people ask the court for temporary guardianship or conservatorship and sets filing, notice, and hearing requirements.

## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 2250. (a) On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the guardian or conservator may file a petition for appointment of: (1) A temporary guardian of the person or estate, or both. (2) A temporary conservator of the person or estate, or both. (b) The petition shall state facts that establish good cause for appointment of the temporary guardian or temporary conservator. The court, upon that petition or other showing as it may require, may appoint a temporary guardian of the person or estate, or both, or a temporary conservator of the person or estate, or both, to serve pending the final determination of the court upon the petition for the appointment of the guardian or conservator. (c) If the petitioner, proposed guardian, or proposed conservator is a professional fiduciary, as described in Section 2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), the petition for appointment of a temporary guardian or temporary conservator shall include the following: (1) The petitioner’s, proposed guardian’s, or proposed conservator’s proposed hourly fee schedule or another statement of their proposed compensation from the estate of the proposed ward or proposed conservatee for services performed as a guardian or conservator. The petitioner’s, proposed guardian’s, or proposed conservator’s provision of a proposed hourly fee schedule or another statement of their proposed compensation, as required by this paragraph, shall not preclude a court from later reducing the petitioner’s, proposed guardian’s, or proposed conservator’s fees or other compensation. (2) Unless a petition for appointment of a guardian or conservator that contains the statements required by this paragraph is filed together with a petition for appointment of a temporary guardian or temporary conservator, both of the following: (A) A statement of the petitioner’s, proposed guardian’s, or proposed conservator’s registration or license information. (B) A statement explaining who engaged the petitioner, proposed guardian, or proposed conservator or how the petitioner, proposed guardian, or proposed conservator was engaged to file the petition for appointment of a temporary guardian or temporary conservator or to agree to accept the appointment as temporary guardian or temporary conservator and what prior relationship the petitioner, proposed guardian, or proposed conservator had with the proposed ward or proposed conservatee or the proposed ward’s or proposed conservatee’s family or friends. (d) If the petition is filed by a party other than the proposed conservatee, the petition shall include a declaration of due diligence showing both of the following: (1) Either the efforts to find the proposed conservatee’s relatives named in the petition for appointment of a general conservator or why it was not feasible to contact any of them. (2) Either the preferences of the proposed conservatee concerning the appointment of a temporary conservator and the appointment of the proposed temporary conservator or why it was not feasible to ascertain those preferences. (e) Unless the court for good cause otherwise orders, at least five court days before the hearing on the petition, notice of the hearing shall be given as follows: (1) Notice of the hearing shall be personally delivered to the proposed ward if the proposed ward is 12 years of age or older, to the parent or parents of the proposed ward, and to any person having a valid visitation order with the proposed ward that was effective at the time of the filing of the petition. Notice of the hearing shall not be delivered to the proposed ward if the proposed ward is under 12 years of age. In a proceeding for temporary guardianship of the person, evidence that a custodial parent has died or become incapacitated, and that the petitioner or proposed guardian is the nominee of the custodial parent, may constitute good cause for the court to order that this notice not be delivered. (2) Notice of the hearing shall be personally delivered to the proposed conservatee, and notice of the hearing shall be delivered pursuant to Section 1215 on the persons required to be named in the petition for appointment of conservator. If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and have not been nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice of hearing shall be delivered pursuant to Section 1215 on the public guardian of the county in which the petition is filed. (3) A copy of the petition for temporary appointment shall be delivered pursuant to Section 1215 with the notice of hearing. (f) If a temporary guardianship is granted ex parte and the hearing on the general guardianship petition is not to be held within 30 days of the granting of the temporary guardianship, the court shall set a hearing within 30 days to reconsider the temporary guardianship. Notice of the hearing for reconsideration of the temporary guardianship shall be provided pursuant to Section 1511, except that the court may for good cause shorten the time for the notice of the hearing. (g) Visitation orders with the proposed ward granted before the filing of a petition for temporary guardianship shall remain in effect, unless for good cause the court orders otherwise. (h) (1) If a temporary conservatorship is granted ex parte, and a petition to terminate the temporary conservatorship is filed more than 15 days before the first hearing on the general petition for appointment of conservator, the court shall set a hearing within 15 days of the filing of the petition for termination of the temporary conservatorship to reconsider the temporary conservatorship. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship shall be given at least 10 days before the hearing. (2) If a petition to terminate the temporary conservatorship is filed within 15 days before the first hearing on the general petition for appointment of a conservator, the court shall set the hearing at the same time that the hearing on the general petition is set. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship pursuant to this section shall be given at least five court days before the hearing. (i) If the court suspends powers of the guardian or conservator under Section 2334 or 2654 or under any other provision of this division, the court may appoint a temporary guardian or conservator to exercise those powers until the powers are restored to the guardian or conservator or a new guardian or conservator is appointed. (j) If for any reason a vacancy occurs in the office of guardian or conservator, the court, on a petition filed under subdivision (a) or on its own motion, may appoint a temporary guardian or conservator to exercise the powers of the guardian or conservator until a new guardian or conservator is appointed. (k) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose. (Amended by Stats. 2021, Ch. 417, Sec. 18. (AB 1194) Effective January 1, 2022.)
2250.2.
## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

After a conservatorship petition is filed, eligible persons may seek a temporary conservator, and the court may appoint one if the stated conditions are met.

## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 2250.2. (a) On or after the filing of a petition for appointment of a conservator, any person entitled to petition for appointment of the conservator may file a petition for appointment of a temporary conservator of the person or estate or both. (b) The petition shall state facts that establish good cause for appointment of the temporary conservator. The court, upon that petition or any other showing as it may require, may appoint a temporary conservator of the person or estate or both, to serve pending the final determination of the court upon the petition for the appointment of the conservator. (c) Unless the court for good cause otherwise orders, not less than five days before the appointment of the temporary conservator, notice of the proposed appointment shall be personally delivered to the proposed conservatee. (d) If the court suspends powers of the conservator under Section 2334 or 2654 or under any other provision of this division, the court may appoint a temporary conservator to exercise those powers until the powers are restored to the conservator or a new conservator is appointed. (e) If for any reason a vacancy occurs in the office of conservator, the court, on a petition filed under subdivision (a) or on its own motion, may appoint a temporary conservator to exercise the powers of the conservator until a new conservator is appointed. (f) This section shall only apply to proceedings under Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. (Amended by Stats. 2007, Ch. 553, Sec. 12.5. Effective January 1, 2008.)
2250.4.
## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The proposed temporary conservatee must attend the hearing unless one of the listed exceptions applies. The superior court is not required to perform duties under this section until the Legislature makes an appropriation for that purpose.

## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 2250.4. The proposed temporary conservatee shall attend the hearing except in the following cases: (a) If the proposed temporary conservatee is out of the state when served and is not the petitioner. (b) If the proposed temporary conservatee is unable to attend the hearing by reason of medical inability. (c) If the court investigator has visited the proposed conservatee prior to the hearing and the court investigator has reported to the court that the proposed temporary conservatee has expressly communicated that all of the following apply: (1) The proposed conservatee is not willing to attend the hearing. (2) The proposed conservatee does not wish to contest the establishment of the temporary conservatorship. (3) The proposed conservatee does not object to the proposed temporary conservator or prefer that another person act as temporary conservator. (d) If the court determines that the proposed conservatee is unable or unwilling to attend the hearing, and holding the hearing in the absence of the proposed conservatee is necessary to protect the conservatee from substantial harm. (e) A superior court shall not be required to perform any duties imposed by this section until the Legislature makes an appropriation identified for this purpose. (Amended by Stats. 2011, Ch. 10, Sec. 17. (SB 78) Effective March 24, 2011.)
2250.6.
## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The court investigator must interview and inform the proposed conservatee, gather information from relevant people, and report to the court before the hearing; if that is not feasible, the investigator must do specified tasks within two court days after the hearing.

## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 2250.6. (a) Regardless of whether the proposed temporary conservatee attends the hearing, the court investigator shall do all of the following before the hearing, unless it is not feasible to do so, in which case the court investigator shall comply with the requirements set forth in subdivision (b): (1) Interview the proposed conservatee personally. The court investigator also shall do all of the following: (A) Interview the petitioner and the proposed conservator, if different from the petitioner. (B) To the greatest extent possible, interview the proposed conservatee’s spouse or registered domestic partner, relatives within the first degree, neighbors, and, if known, close friends. (C) To the extent possible, interview the proposed conservatee’s relatives within the second degree as set forth in subdivision (b) of Section 1821, before the hearing. (2) Inform the proposed conservatee of the contents of the citation, of the nature, purpose, and effect of the temporary conservatorship, and of the right of the proposed conservatee to oppose the petition, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel, and to have legal counsel appointed by the court. (3) Determine whether it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing. (4) Determine whether the proposed conservatee wishes to oppose the establishment of the conservatorship. (5) Determine whether the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator. (6) Report to the court, in writing, concerning all of the foregoing. (b) If not feasible before the hearing, the court investigator shall do all of the following within two court days after the hearing: (1) Interview the conservatee personally. The court investigator also shall do all of the following: (A) Interview the petitioner and the proposed conservator, if different from the petitioner. (B) To the greatest extent possible, interview the proposed conservatee’s spouse or registered domestic partner, relatives within the first degree, neighbors, and, if known, close friends. (C) To the extent possible, interview the proposed conservatee’s relatives within the second degree as set forth in subdivision (b) of Section 1821. (2) Inform the conservatee of the nature, purpose, and effect of the temporary conservatorship, as well as the right of the conservatee to oppose the petition to appoint a general conservator, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel, and to have legal counsel appointed by the court if not otherwise represented by legal counsel. (c) If the investigator does not visit the conservatee until after the hearing at which a temporary conservator was appointed, and the conservatee objects to the appointment of the temporary conservator, or requests appointment of legal counsel, the court investigator shall report this information promptly, and in no event more than three court days later, to the court. Upon receipt of that information, the court may proceed with appointment of legal counsel as provided in Chapter 4 (commencing with Section 1470) of Part 1. (d) If it appears to the court investigator that the temporary conservatorship is inappropriate, the court investigator shall immediately, and in no event more than two court days later, provide a written report to the court so the court can consider taking appropriate action on its own motion. (e) A superior court shall not be required to perform any duties imposed by this section until the Legislature makes an appropriation identified for this purpose. (Amended by Stats. 2022, Ch. 420, Sec. 39. (AB 2960) Effective January 1, 2023.)
2250.8.
## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Sections 2250, 2250.4, and 2250.6 do not apply to certain Chapter 3 proceedings under the Welfare and Institutions Code.

## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 2250.8. Sections 2250, 2250.4, and 2250.6 shall not apply to proceedings under Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. (Added by Stats. 2006, Ch. 493, Sec. 17.5. Effective January 1, 2007.)
2251.
## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A temporary guardian or conservator gets letters after taking the oath and filing the bond, and the letters must show when the temporary appointment ends.

## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 2251. A temporary guardian or temporary conservator shall be issued letters of temporary guardianship or conservatorship upon taking the oath and filing the bond as in the case of a guardian or conservator. The letters shall indicate the termination date of the temporary appointment. (Enacted by Stats. 1990, Ch. 79.)
2252.
## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Temporary guardians and conservators have only limited powers unless the court orders more, and a temporary conservator generally cannot sell or give up certain property without court approval.

## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 2252. (a) Except as otherwise provided in subdivisions (b) and (c), a temporary guardian or temporary conservator has only those powers and duties of a guardian or conservator that are necessary to provide for the temporary care, maintenance, and support of the ward or conservatee and that are necessary to conserve and protect the property of the ward or conservatee from loss or injury. (b) Unless the court otherwise orders: (1) A temporary guardian of the person has the powers and duties specified in Section 2353 (medical treatment). (2) A temporary conservator of the person has the powers and duties specified in Section 2354 (medical treatment). (3) A temporary guardian of the estate or temporary conservator of the estate may marshal assets and establish accounts at financial institutions. (c) The temporary guardian or temporary conservator has the additional powers and duties as may be ordered by the court (1) in the order of appointment or (2) by subsequent order made with or without notice as the court may require. Notwithstanding subdivision (e), those additional powers and duties may include relief granted pursuant to Article 10 (commencing with Section 2580) of Chapter 6 if this relief is not requested in a petition for the appointment of a temporary conservator but is requested in a separate petition. (d) The terms of any order made under subdivision (b) or (c) shall be included in the letters of temporary guardianship or conservatorship. (e) A temporary conservator is not permitted to sell or relinquish, on the conservatee’s behalf, any lease or estate in real or personal property used as or within the conservatee’s place of residence without the specific approval of the court. This approval may be granted only if the conservatee has been served with notice of the hearing, the notice to be personally delivered to the temporary conservatee unless the court for good cause otherwise orders, and only if the court finds that the conservatee will be unable to return to the residence and exercise dominion over it and that the action is necessary to avert irreparable harm to the conservatee. The temporary conservator is not permitted to sell or relinquish on the conservatee’s behalf any estate or interest in other real or personal property without specific approval of the court, which may be granted only upon a finding that the action is necessary to avert irreparable harm to the conservatee. A finding of irreparable harm as to real property may be based upon a reasonable showing that the real property is vacant, that it cannot reasonably be rented, and that it is impossible or impractical to obtain fire or liability insurance on the property. (Amended by Stats. 1996, Ch. 563, Sec. 11. Effective January 1, 1997.)
2253.
## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A temporary conservator must ask the court in writing before changing the conservatee’s residence, and the court can approve removal only if strict harm-prevention findings are made.

## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 2253. (a) If a temporary conservator of the person proposes to fix the residence of the conservatee at a place other than that where the conservatee resided before the commencement of the proceedings, that power shall be requested of the court in writing, unless the change of residence is required of the conservatee by a prior court order. The request shall be filed with the petition for temporary conservatorship or, if a temporary conservatorship has already been established, separately. The request shall specify in detail the place to which the temporary conservator proposes to move the conservatee, the precise reasons that the petitioner or temporary conservator has concluded that the conservatee will suffer irreparable harm if the change of residence is not permitted, and why no means less restrictive of the conservatee’s liberty will suffice to prevent that harm. (b) The court investigator shall do all of the following: (1) Interview the conservatee personally. (2) Inform the conservatee of the nature, purpose, and effect of the request made under subdivision (a), and of the right of the conservatee to oppose the request, attend the hearing, be represented by legal counsel, and to have legal counsel appointed by the court if not otherwise represented by legal counsel. (3) Determine whether the conservatee is unable to attend the hearing because of medical inability and, if able to attend, whether the conservatee is willing to attend the hearing. (4) Determine whether the conservatee wishes to oppose the request. (5) Determine whether the conservatee wishes to be represented by legal counsel at the hearing and, if so, whether the conservatee has retained legal counsel and, if not, whether the conservatee plans to retain legal counsel. (6) Determine, by considering, among other things, the medical information received pursuant to paragraph (7), whether the proposed change of place of residence is required to prevent irreparable harm to the conservatee and whether no means less restrictive of the conservatee’s liberty will suffice to prevent that harm. (7) Gather and review relevant medical reports regarding the proposed conservatee from the proposed conservatee’s primary care physician and other relevant mental and physical health care providers. (8) Report to the court in writing, at least two days before the hearing, concerning all of the foregoing, including the conservatee’s express communications concerning representation by legal counsel and whether the conservatee is not willing to attend the hearing and does not wish to oppose the request. (c) Within seven days of the date of filing of a temporary conservator’s request to remove the conservatee from the conservatee’s previous place of residence, the court shall hold a hearing on the request. (d) The conservatee shall be present at the hearing except in the following cases: (1) Where the conservatee is unable to attend the hearing by reason of medical inability. Emotional or psychological instability is not good cause for the absence of the conservatee from the hearing unless, by reason of that instability, attendance at the hearing is likely to cause serious and immediate physiological damage to the conservatee. (2) Where the court investigator has reported to the court that the conservatee has expressly communicated that the conservatee is not willing to attend the hearing and does not wish to oppose the request, and the court makes an order that the conservatee need not attend the hearing. (e) If the conservatee is unable to attend the hearing because of medical inability, that inability shall be established (1) by the affidavit or certificate of a licensed medical practitioner or (2) if the conservatee is an adherent of a religion whose tenets and practices call for reliance on prayer alone for healing and is under treatment by an accredited practitioner of that religion, by the affidavit of the practitioner. The affidavit or certificate is evidence only of the conservatee’s inability to attend the hearing and shall not be considered in determining the issue of need for the establishment of a conservatorship. (f) At the hearing, the conservatee has the right to be represented by counsel and the right to confront and cross-examine any witness presented by, or on behalf of, the temporary conservator and to present evidence on their own behalf. (g) The court may approve the request to remove the conservatee from the previous place of residence only if the court finds (1) that change of residence is required to prevent irreparable harm to the conservatee and (2) that no means less restrictive of the conservatee’s liberty will suffice to prevent that harm. If an order is made authorizing the temporary conservator to remove the conservatee from the previous place of residence, the order shall specify the specific place wherein the temporary conservator is authorized to place the conservatee. The temporary conservator may not be authorized to remove the conservatee from this state unless it is additionally shown that the removal is required to permit the performance of specified nonpsychiatric medical treatment, consented to by the conservatee, which is essential to the conservatee’s physical survival. A temporary conservator who willfully removes a temporary conservatee from this state without authorization of the court is guilty of a felony. (h) Subject to subdivision (e) of Section 2252, the court shall also order the temporary conservator to take all reasonable steps to preserve the status quo concerning the conservatee’s previous place of residence. (i) (1) The report required by this section shall be confidential and shall be made available only to parties, their attorneys, and the court. The clerk of the court shall limit disclosure of the report exclusively to persons entitled to the report pursuant to this section. (2) Notwithstanding paragraph (1), confidential medical information and confidential information from the California Law Enforcement Telecommunications System (CLETS) shall be placed in a separate attachment to the report and shall not be made available to the petitioner or proposed temporary conservator if the request is filed with the petition, the temporary conservatee’s spouse or registered domestic partner, and the conservatee’s relatives in the first degree or, if there are no such relatives, to the next closest relative. (j) (1) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose. (2) A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by the measure that added this paragraph until the Legislature makes an appropriation identified for this purpose. (Amended by Stats. 2022, Ch. 420, Sec. 40. (AB 2960) Effective January 1, 2023.)
2254.
## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A temporary conservator may remove a temporary conservatee from the person’s residence without court authorization in an emergency, and must file a written request within one judicial day after an emergency removal.

## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 2254. (a) Notwithstanding Section 2253, a temporary conservator may remove a temporary conservatee from the temporary conservatee’s place of residence without court authorization if an emergency exists. For the purposes of this section, an emergency exists if the temporary conservatee’s place of residence is unfit for habitation or if the temporary conservator determines in good faith based upon medical advice that the case is an emergency case in which removal from the place of residence is required (1) to provide medical treatment needed to alleviate severe pain or (2) to diagnose or treat a medical condition which, if not immediately diagnosed and treated, will lead to serious disability or death. (b) No later than one judicial day after the emergency removal of the temporary conservatee, the temporary conservator shall file a written request pursuant to Section 2253 for authorization to fix the residence of the temporary conservatee at a place other than the temporary conservatee’s previous place of residence. (c) Nothing in this chapter prevents a temporary conservator from removing a temporary conservatee from the place of residence to a health facility for treatment without court authorization when the temporary conservatee has given informed consent to the removal. (d) Nothing in this chapter prevents a temporary conservator from removing a temporary conservatee without court authorization from one health facility where the conservatee is receiving medical care to another health facility where the conservatee will receive medical care. (Enacted by Stats. 1990, Ch. 79.)
2255.
## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Temporary guardians or conservators of an estate must file an inventory and appraisal, unless the final account is filed within 90 days after appointment, in which case they may inventory the estate in the final account without an appraisal.

## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 2255. (a) Except as provided in subdivision (b), an inventory and appraisal of the estate shall be filed by the temporary guardian or temporary conservator of the estate as required by Article 2 (commencing with Section 2610) of Chapter 7. (b) A temporary guardian or temporary conservator of the estate may inventory the estate in the final account, without the necessity for an appraisal of the estate, if the final account is filed within 90 days after the appointment of the temporary guardian or temporary conservator. (Enacted by Stats. 1990, Ch. 79.)
2256.
## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A temporary guardian or temporary conservator of the estate must present an account to the court within 90 days after a guardian or conservator of the estate is appointed, unless subdivision (b) applies or the court sets another time.

## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 2256. (a) Except as provided in subdivision (b), the temporary guardian or temporary conservator of the estate shall present his or her account to the court for settlement and allowance within 90 days after the appointment of a guardian or conservator of the estate or within such other time as the court may fix. (b) If the temporary guardian or temporary conservator of the estate is appointed guardian or conservator of the estate, the guardian or conservator may account for the administration as temporary guardian or temporary conservator in his or her first regular account. (c) Accounts are subject to Sections 2621 to 2626, inclusive, Sections 2630 to 2633, inclusive, and Sections 2640 to 2642, inclusive. (Enacted by Stats. 1990, Ch. 79.)
2257.
## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A temporary guardian’s or conservator’s powers end at the earliest listed time, except for accounting, unless the court extends or shortens that time 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 2257. (a) Except as provided in subdivision (b), the powers of a temporary guardian or temporary conservator terminate, except for the rendering of the account, at the earliest of the following times: (1) The time the temporary guardian or conservator acquires notice that a guardian or conservator is appointed and qualified. (2) Thirty days after the appointment of the temporary guardian or temporary conservator or such earlier time as the court may specify in the order of appointment. (b) With or without notice as the court may require, the court may for good cause order that the time for the termination of the powers of the temporary guardian or temporary conservator be extended or shortened pending final determination by the court of the petition for appointment of a guardian or conservator or pending the final decision on appeal therefrom or for other cause. The order which extends the time for termination shall fix the time when the powers of the temporary guardian or temporary conservator terminate except for the rendering of the account. (Amended by Stats. 2007, Ch. 553, Sec. 14. Effective January 1, 2008.)
2258.
## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A temporary guardian or temporary conservator is subject to the same division rules on suspension, removal, resignation, and discharge as a guardian or conservator.

## 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 3. Temporary Guardians and Conservators [2250 - 2258] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 2258. A temporary guardian or temporary conservator is subject to the provisions of this division governing the suspension, removal, resignation, and discharge of a guardian or conservator. (Enacted by Stats. 1990, Ch. 79.)
226.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [220 - 226] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This chapter does not apply if the person whose death priority is at issue died before January 1, 1985.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [220 - 226] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 226. This chapter does not apply where a person the priority of whose death is in issue died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where none of the persons the priority of whose death is in issue died on or after January 1, 1985. (Enacted by Stats. 1990, Ch. 79.)
23.
## 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. )
Verify source ↗

This section defines several banking terms, including “account in an insured savings and loan association,” “federal association,” “mutual capital certificate,” “savings account,” and “savings association.”

## 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. ) ## 23. (a) “Account in an insured savings and loan association” means a savings account or mutual capital certificate of either of the following: (1) A federal association. (2) A savings association doing business in this state which is an “insured institution” as defined in Title IV of the National Housing Act (12 U.S.C. Sec. 1724, et seq.). (b) As used in this section: (1) “Federal association” has the meaning given that term in subdivision (b) of Section 5102 of the Financial Code. (2) “Mutual capital certificate” has the meaning given that term in Section 5111 of the Financial Code. (3) “Savings account” has the meaning given that term in Section 5116 of the Financial Code. (4) “Savings association” has the meaning given that term in subdivision (a) of Section 5102 of the Financial Code. (Enacted by Stats. 1990, Ch. 79.)
230.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proceedings to Determine Survival [230 - 234] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section allows a petition to be filed to determine whether one person survived another for specified legal purposes.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proceedings to Determine Survival [230 - 234] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 230. A petition may be filed under this chapter for any one or more of the following purposes: (a) To determine for the purposes of Section 103, 220, 222, 223, 224, 6211, 6242, 6243, 6403, 21109, 21110 or other provision of this code whether one person survived another. (b) To determine for the purposes of Section 673 whether issue of an appointee survived the donee. (c) To determine for the purposes of Section 24611 of the Education Code whether a person has survived in order to receive benefits payable under the system. (d) To determine for the purposes of Section 21509 of the Government Code whether a person has survived in order to receive money payable under the system. (Amended by Stats. 2002, Ch. 138, Sec. 4. Effective January 1, 2003.)
2300.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Requirement of Oath and Bond [2300- 2300.] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator must take an oath before the appointment becomes effective, and must file the required bond if one is required.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Requirement of Oath and Bond [2300- 2300.] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2300. Before the appointment of a guardian or conservator is effective, including, but not limited to, the appointment of a conservator under Section 2002, the guardian or conservator shall: (a) Take an oath to perform the duties of the office according to law. The oath obligates the guardian or conservator to comply with the law of this state, as well as other applicable law, at all times, in any location within or without the state. If the conservator petitions for transfer of the conservatorship to another state pursuant to Section 2001, the conservator shall continue to comply with the law of this state until the court issues a final order confirming the transfer and terminating the conservatorship pursuant to Section 2001. The oath shall be attached to or endorsed upon the letters. (b) File the required bond if a bond is required. (Amended by Stats. 2014, Ch. 553, Sec. 23. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
231.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proceedings to Determine Survival [230 - 234] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A petition under this chapter may be filed by the personal representative or by another person interested in the estate, if the person’s death priority is at issue.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proceedings to Determine Survival [230 - 234] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 231. A petition may be filed under this chapter by any of the following: (a) The personal representative of any person the priority of whose death is in issue under the applicable provision referred to in Section 230. (b) Any other person interested in the estate of any such person. (Enacted by Stats. 1990, Ch. 79.)
2310.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Letters [2310 - 2313] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Letters issued by the court clerk serve as evidence of the appointment, oath, and any required bond, and the appointment is not effective until the letters have issued.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Letters [2310 - 2313] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2310. (a) The appointment, the taking of the oath, and the filing of the bond, if required, shall thereafter be evidenced by the issuance of letters by the clerk of the court. (b) The order appointing a guardian or conservator shall state in capital letters on the first page of the order, in at least 12-point type, the following: “WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.” (Amended by Stats. 1996, Ch. 862, Sec. 7. Effective January 1, 1997.)
2311.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Letters [2310 - 2313] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Letters of guardianship or conservatorship must generally follow the same form as letters of administration, unless the order of appointment requires 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Letters [2310 - 2313] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2311. Except as otherwise required by the order of appointment, the letters of guardianship or conservatorship shall be in substantially the same form as letters of administration. (Enacted by Stats. 1990, Ch. 79.)
2313.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Letters [2310 - 2313] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A conservator of the estate must record a certified copy of the letters with the county recorder in each county where the conservatee owns real property, unless it is a temporary conservatorship.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Letters [2310 - 2313] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2313. Except in temporary conservatorships, a conservator of the estate shall record a certified copy of the letters with the county recorder’s office in each county in which the conservatee owns an interest in real property, including a security interest. The conservator shall record the letters as soon as practicable after they are issued, but no later than 90 days after the conservator is appointed. A temporary conservator of the estate may record the letters if the conservator deems it appropriate. (Added by Stats. 1991, Ch. 1019, Sec. 3.)
232.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proceedings to Determine Survival [230 - 234] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A petition must be filed in the proper estate proceeding, and the court that first acquires jurisdiction under this section gets exclusive jurisdiction for the chapter.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proceedings to Determine Survival [230 - 234] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 232. (a) The petition shall be filed in the estate proceeding in which the person filing the petition received his or her appointment or in the estate proceeding for the estate in which the person filing the petition claims an interest. (b) The court that first acquires jurisdiction under this section has exclusive jurisdiction for the purposes of this chapter. (Enacted by Stats. 1990, Ch. 79.)
2320.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Guardians and conservators must give a court-approved bond before letters are issued, unless another statute 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2320. (a) Except as otherwise provided by statute, every person appointed as guardian or conservator shall, before letters are issued, give a bond approved by the court. (b) The bond shall be for the benefit of the ward or conservatee and all persons interested in the guardianship or conservatorship estate and shall be conditioned upon the faithful execution of the duties of the office, according to law, by the guardian or conservator. (c) Except as otherwise provided by statute, unless the court increases or decreases the amount upon a showing of good cause, the amount of a bond given by an admitted surety insurer shall be the sum of all of the following: (1) The value of the personal property of the estate. (2) The probable annual gross income of all of the property of the estate. (3) The sum of the probable annual gross payments from the following: (A) Part 3 (commencing with Section 11000) of, Part 4 (commencing with Section 16000) of, or Part 5 (commencing with Section 17000) of, Division 9 of the Welfare and Institutions Code. (B) Subchapter II (commencing with Section 401) of, or Part A of Subchapter XVI (commencing with Section 1382) of, Chapter 7 of Title 42 of the United States Code. (C) Any other public entitlements of the ward or conservatee. (4) On or after January 1, 2008, a reasonable amount for the cost of recovery to collect on the bond, including attorney’s fees and costs. The attorney’s fees and costs incurred in a successful action for surcharge against a conservator or guardian for breach of his or her duty under this code shall be a surcharge against the conservator or guardian and, if unpaid, shall be recovered against the surety on the bond. The Judicial Council shall, on or before January 1, 2008, adopt a rule of court to implement this paragraph. (d) If the bond is given by personal sureties, the amount of the bond shall be twice the amount required for a bond given by an admitted surety insurer. (e) The Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure) applies to a bond given under this article, except to the extent inconsistent with this article. (Amended by Stats. 2007, Ch. 553, Sec. 15. Effective January 1, 2008.)
2320.1.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If the bond posted is too low, the conservator or guardian, and any attorney, must seek a court order to increase it to the required amount.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2320.1. When the conservator or guardian has knowledge of facts from which the guardian or conservator knows or should know that the bond posted is less than the amount required under Section 2320, the conservator or guardian, and the attorney, if any, shall make an ex parte application for an order increasing the bond to the amount required under Section 2320. (Added by Stats. 2001, Ch. 359, Sec. 1. Effective January 1, 2002.)
2320.2.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If the court requires an additional bond when the account is heard, the approval order is not effective and the court must not file it until that bond is filed.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2320.2. If additional bond is required by the court when the account is heard, the order approving the account and related matters, including fees, is not effective and the court shall not file the order until the additional bond is filed. (Added by Stats. 2001, Ch. 359, Sec. 2. Effective January 1, 2002.)
2321.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

In a conservatorship proceeding, the court generally cannot waive a bond or reduce its amount unless it makes a good-cause finding and determines the conservatee will not be harmed. The court may also allow a lower bond if a conservatee with sufficient capacity has waived the bond.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2321. (a) Notwithstanding any other provision of law, the court in a conservatorship proceeding may not waive the filing of a bond or reduce the amount of bond required, without a good cause determination by the court which shall include a determination by the court that the conservatee will not suffer harm as a result of the waiver or reduction of the bond. Good cause may not be established merely by the conservator having filed a bond in another or prior proceeding. (b) In a conservatorship proceeding, where the conservatee, having sufficient capacity to do so, has waived the filing of a bond, the court in its discretion may permit the filing of a bond in an amount less than would otherwise be required under Section 2320. (Amended by Stats. 2006, Ch. 493, Sec. 20. Effective January 1, 2007.)
2322.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A person appointed only as guardian or conservator of the person does not have to file a bond unless the court requires one.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2322. One appointed only as guardian of the person or conservator of the person need not file a bond unless required by the court. (Enacted by Stats. 1990, Ch. 79.)
2323.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The court may waive a bond if the estate is likely to meet Section 2628(a) conditions for its duration; otherwise, the court must require a bond unless good cause exists under Section 2321.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2323. (a) The court may dispense with the requirement of a bond if it appears likely that the estate will satisfy the conditions of subdivision (a) of Section 2628 for its duration. (b) If at any time it appears that the estate does not satisfy the conditions of subdivision (a) of Section 2628, the court shall require the filing of a bond unless the court determines that good cause exists, as provided in Section 2321. (Amended by Stats. 2008, Ch. 293, Sec. 5. Effective January 1, 2009.)
2324.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If the nomination waived bond filing, a guardian nominated under Section 1500 or 1501 does not have to file a bond unless the court requires one.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2324. If the person making the nomination has waived the filing of the bond, a guardian nominated under Section 1500 or 1501 need not file a bond unless required by the court. (Enacted by Stats. 1990, Ch. 79.)
2325.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The surety on the bond for a nonprofit charitable corporation described in Section 2104 must be an admitted surety insurer.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2325. The surety on the bond of a nonprofit charitable corporation described in Section 2104 shall be an admitted surety insurer. (Enacted by Stats. 1990, Ch. 79.)
2326.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If joint guardians or conservators are appointed, the court may require separate bonds, a joint bond, or both. If a joint bond is used, the bond liability is joint and several.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2326. (a) If joint guardians or conservators are appointed, the court may order that separate bonds or a joint bond or a combination thereof be furnished. (b) If a joint bond is furnished, the liability on the bond is joint and several. (Enacted by Stats. 1990, Ch. 79.)
2327.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The court must order a separate bond for each conservatee in a conservatorship, unless the conservatees’ assets are commingled and a combined bond covering all assets is provided. In a guardianship with more than one ward, the court may order separate bonds, a single bond for two or more wards, or a combination.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2327. (a) In a conservatorship proceeding, the court shall order a separate bond for each conservatee, except where the assets of the conservatees are commingled in which case a combined bond that covers all assets may be provided. (b) If a guardianship proceeding involves more than one ward, the court may order separate bonds, or a single bond which is for the benefit of two or more wards in that proceeding, or a combination thereof. (Amended by Stats. 2001, Ch. 563, Sec. 5. Effective January 1, 2002.)
2328.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The court may reduce or exclude deposited property when setting a guardian’s or conservator’s bond, and the petitioner or proposed guardian/conservator may place property or money with a trust company or financial institution if the court’s withdrawal condition is documented.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2328. (a) In any proceeding to determine the amount of the bond of the guardian or conservator (whether at the time of appointment or subsequently), if the estate includes property which has been or will be deposited with a trust company or financial institution pursuant to Sections 2453 to 2456, inclusive, upon the condition that the property, including any earnings thereon, will not be withdrawn except on authorization of the court, the court, in its discretion, with or without notice, may so order and may do either of the following: (1) Exclude the property deposited in determining the amount of the required bond or reduce the amount of the bond to be required in respect to the property deposited to such an amount as the court determines is reasonable. (2) If a bond has already been furnished or the amount fixed, reduce the amount to such an amount as the court determines is reasonable. (b) The petitioner for letters, or the proposed guardian or conservator in advance of appointment of a guardian or conservator, may do any one or more of the following: (1) Deliver personal property in the person’s possession to a trust company. (2) Deliver money in the person’s possession for deposit in an insured account in a financial institution in this state. (3) Allow a trust company to retain personal property already in its possession. (4) Allow a financial institution in this state to retain money already invested in an insured account in a financial institution. (c) In the cases described in subdivision (b), the petitioner or proposed guardian or conservator shall obtain and file with the court a written receipt including the agreement of the trust company or financial institution that the property deposited, including any earnings thereon, shall not be allowed to be withdrawn except upon authorization of the court. (d) In receiving and retaining property on deposit pursuant to subdivisions (b) and (c), the trust company or financial institution is protected to the same extent as though it received the property on deposit from a person to whom letters had been issued. (Enacted by Stats. 1990, Ch. 79.)
2329.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator asking to reduce a bond must file an affidavit about the estate’s condition.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2329. (a) If a guardian or conservator moves the court for reduction in the amount of the bond, the motion shall include an affidavit setting forth the condition of the estate. (b) Except upon a showing of good cause, the amount of the bond shall not be reduced below the amount determined pursuant to Section 2320. (c) Nothing in this section limits the authority of the court to reduce the amount of the bond with or without notice under Section 2328. (Enacted by Stats. 1990, Ch. 79.)
233.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proceedings to Determine Survival [230 - 234] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Notice of the hearing on the petition must be given to the listed persons as provided in Section 1220.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proceedings to Determine Survival [230 - 234] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 233. Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) The personal representative of each person the priority of whose death is in issue if there is a personal representative for the person. (b) Each known devisee of each person the priority of whose death is in issue. (c) Each known heir of each person the priority of whose death is in issue. (d) All persons (or their attorneys if they have appeared by attorneys) who have requested special notice as provided in Section 1250 in the proceeding in which the petition is filed or who have given notice of appearance in person or by attorney in that proceeding. (Enacted by Stats. 1990, Ch. 79.)
2330.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator must file an additional bond when estate real property is sold or when borrowing is authorized against that property, unless the court expressly explains why the bond should not be increased.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2330. Upon the confirmation of the sale of any real property of the estate, or upon the authorization of the borrowing of money secured by a mortgage or deed of trust on real property of the estate, the guardian or conservator shall furnish an additional bond as is required by the court in order to make the sum of the bonds furnished by the guardian or conservator equal to the amount determined pursuant to Section 2320, taking into account the proceeds of the sale or mortgage or deed of trust, unless the court makes an express finding stating the reason why the bond should not be increased. If a bond or additional bond is required under this section, the order confirming the sale of real property of the estate or authorizing the borrowing of money secured by a mortgage or deed of trust on real property of the estate is not effective and the court shall not file the order until the additional bond is filed. (Amended by Stats. 2001, Ch. 359, Sec. 3. Effective January 1, 2002.)
2333.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A claim against sureties on a guardian or conservator bond may be brought after a bond breach, but it must be filed within the stated time limits.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2333. (a) In case of a breach of a condition of the bond, an action may be brought against the sureties on the bond for the use and benefit of the ward or conservatee or of any person interested in the estate. (b) No action may be maintained against the sureties on the bond unless commenced within four years from the discharge or removal of the guardian or conservator or within four years from the date the order surcharging the guardian or conservator becomes final, whichever is later. (c) In any case, and notwithstanding subdivision (b) of Section 2103, no action may be maintained against the sureties on the bond unless the action commences within six years from the date the judgment under Section 2103 or the later of the orders under subdivision (b) of this section becomes final. (Amended by Stats. 1994, Ch. 806, Sec. 11. Effective January 1, 1995.)
2334.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If a petition or objection shows a guardian or conservator is not using ordinary care and diligence, the court may suspend that person's powers until the matter is heard and decided.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2334. Where a petition is filed requesting an order that a guardian or conservator be required to give a bond where no bond was originally required, or an objection is made to the sufficiency of the bond, and the petition or affidavit supporting the objection alleges facts showing that the guardian or conservator is failing to use ordinary care and diligence in the management of the estate, the court, by order, may suspend the powers of the guardian or conservator until the matter can be heard and determined. (Enacted by Stats. 1990, Ch. 79.)
2335.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator seeking substitution and release of a surety must file an account with the application, and the court may not order the substitution unless the account is approved.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Bonds of Guardians and Conservators [2320 - 2335] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2335. A guardian or conservator who applies for a substitution and release of a surety shall file an account with the application. The court shall not order a substitution unless the account is approved. (Enacted by Stats. 1990, Ch. 79.)
234.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proceedings to Determine Survival [230 - 234] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If the court finds the named people are dead, it must enter an order either stating that fact or stating the order of death, depending on whether survival is proven by clear and convincing evidence.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 5. SIMULTANEOUS DEATH [220 - 234] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Proceedings to Determine Survival [230 - 234] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 234. If the court determines that the named persons are dead and that it has not been established by clear and convincing evidence that one person survived another, the court shall make an order to that effect. If the court determines that the named persons are dead and that there is clear and convincing evidence that one person survived another, the court shall make an order setting forth the order in which the persons died. The order, when it becomes final, is a binding determination of the facts set forth in the order and is conclusive as against the personal representatives of the deceased persons named in the order and against all persons claiming by, through, or under any of the deceased persons. (Enacted by Stats. 1990, Ch. 79.)
2340.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Professional Fiduciaries [2340 - 2341] ( Article 4 repealed (in Sec. 6) and added by Stats. 2006, Ch. 491, Sec. 5. )
Verify source ↗

A superior court may not appoint or keep a person as a professional fiduciary unless the person has a valid, unexpired, unsuspended professional fiduciary license or qualifies for a stated exemption.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Professional Fiduciaries [2340 - 2341] ( Article 4 repealed (in Sec. 6) and added by Stats. 2006, Ch. 491, Sec. 5. ) ## 2340. A superior court may not appoint a person to carry out the duties of a professional fiduciary, or permit a person to continue those duties, unless he or she holds a valid, unexpired, unsuspended license as a professional fiduciary under Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code, is exempt from the definition of “professional fiduciary” under Section 6501 of the Business and Professions Code, or is exempt from the licensing requirements of Section 6530 of the Business and Professions Code. (Amended (as added by Stats. 2006, Ch. 491) by Stats. 2008, Ch. 293, Sec. 6. Effective January 1, 2009.)
2341.
## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Professional Fiduciaries [2340 - 2341] ( Article 4 repealed (in Sec. 6) and added by Stats. 2006, Ch. 491, Sec. 5. )
Verify source ↗

Article 4 becomes operative on July 1, 2008.

## 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 4. Oath, Letters, and Bond [2300 - 2341] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Professional Fiduciaries [2340 - 2341] ( Article 4 repealed (in Sec. 6) and added by Stats. 2006, Ch. 491, Sec. 5. ) ## 2341. This article shall become operative on July 1, 2008. (Repealed (in Sec. 6) and added by Stats. 2006, Ch. 491, Sec. 5. Effective January 1, 2007. Note: This section prescribes a delayed operative date (July 1, 2008) for Article 4, commencing with Section 2340.)
2350.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section defines “conservator,” “guardian,” and a limitation on the meaning of “residence” 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 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2350. As used in this chapter: (a) “Conservator” means the conservator of the person. (b) “Guardian” means the guardian of the person. (c) “Residence” does not include a regional center established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. (Amended by Stats. 2008, Ch. 293, Sec. 7. Effective January 1, 2009.)
2351.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator generally has care, custody, control, and education responsibilities for the ward or conservatee, but a limited conservator does not. The conservatee keeps personal rights like visitors, telephone calls, and personal mail unless a court order limits them. The court can also grant or restrict related powers, and the guardian or conservator must disclose any financial interest before court authorization.

## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2351. (a) Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of the education of, the ward or conservatee. This control shall not extend to personal rights retained by the conservatee, including, but not limited to, the right to receive visitors, telephone calls, and personal mail, unless specifically limited by court order. The court may issue an order that specifically grants the conservator the power to enforce the conservatee’s rights to receive visitors, telephone calls, and personal mail, or that directs the conservator to allow those visitors, telephone calls, and personal mail. (b) Where the court determines that it is appropriate in the circumstances of the particular conservatee, the court, in its discretion, may limit the powers and duties that the conservator would otherwise have under subdivision (a) by an order stating either of the following: (1) The specific powers that the conservator does not have with respect to the conservatee’s person and reserving the powers so specified to the conservatee. (2) The specific powers and duties the conservator has with respect to the conservatee’s person and reserving to the conservatee all other rights with respect to the conservatee’s person that the conservator otherwise would have under subdivision (a). (c) An order under this section (1) may be included in the order appointing a conservator of the person or (2) may be made, modified, or revoked upon a petition subsequently filed, notice of the hearing on the petition having been given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (d) The guardian or conservator, in exercising his or her powers, may not hire or refer any business to an entity in which he or she has a financial interest except upon authorization of the court. Prior to authorization from the court, the guardian or conservator shall disclose to the court in writing his or her financial interest in the entity. For the purposes of this subdivision, “financial interest” shall mean (1) an ownership interest in a sole proprietorship, a partnership, or a closely held corporation, or (2) an ownership interest of greater than 1 percent of the outstanding shares in a publicly traded corporation, or (3) being an officer or a director of a corporation. This subdivision shall apply only to conservators and guardians required to register with the Statewide Registry under Chapter 13 (commencing with Section 2850). (Amended by Stats. 2015, Ch. 92, Sec. 2. (AB 1085) Effective January 1, 2016.)
2351.2.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A conservator must file a care plan within 120 days of appointment (and at least 10 days before a continuation/termination hearing), deliver it to specified people, and keep confidential medical information redacted. The court and court investigator must review the plan, and the Judicial Council must create a mandatory form by January 1, 2025.

## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2351.2. (a) (1) Within 120 calendar days of appointment by the court and no later than 10 days before a hearing to determine the continuation or termination of an existing conservatorship, a conservator granted powers under this chapter shall file with the clerk of the court a care plan for the care, custody, and control of the conservatee as provided in this section. The court may require a conservator to update the care plan at any time. The court shall review the most recent care plan in determining the continuation or termination of the conservatorship. (2) (A) The conservator shall deliver, pursuant to Section 1215, a copy of any care plan filed pursuant to paragraph (1) to the conservator of the estate, if a separate conservator is appointed, and that conservator’s attorney, the attorney for the conservator, the attorney for the conservatee, and the conservatee. The conservator shall also deliver a copy of the care plan to the conservatee’s spouse or registered domestic partner and relatives within the first degree unless the court determines that delivery of the care plan will result in harm to the conservatee. If the conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the conservator shall deliver the care plan to the conservatee’s relatives within the second degree, unless the court determines that the delivery of the care plan will result in harm to the conservatee. (B) Confidential medical information in a care plan shall be redacted in compliance with applicable state and federal medical privacy laws before transmission to a spouse, registered domestic partner, or relative, as described in paragraph (1). (b) The care plan shall include, but not be limited to, all of the following: (1) A description of the current living arrangement for the conservatee and any plans to modify this living arrangement within the next 12 months. (2) A description of the conservatee’s current level of care and any plans to modify the level of care within the next 12 months. (3) A description of the status of the conservatee’s health that lists medications currently prescribed for the conservatee, and any medical treatments, supports, or devices. (4) A description of the conservator’s schedule of visitation with the conservatee and actions to ensure the conservatee is able to exercise their rights to visitation and communications. (5) A description of the normal activities of the conservatee, including outings and social and recreational activities. (6) A description of any special problems raised by the court investigator, the court, or any other interested person, and a description of how the conservator has addressed or intends to address those problems. (7) A description of the conservatee’s financial needs, stating the conservatee’s estimated monthly expenses, including food, entertainment, rent or mortgage, transportation, utilities, medication, clothing, and other relevant health care and living expenses, to the extent the conservator has that information. (8) A list of all health care providers who provide care for the conservatee, including the provider’s name, contact information, license type and number, and a description of the treatment provided by each provider. (c) The Judicial Council shall, by January 1, 2025, develop and adopt a mandatory form to be used in preparing the care plan required by subdivision (a) with, at a minimum, all of the information required by subdivision (b). The form shall be combined with the information or form required to be submitted to the court by subdivision (c) of Section 2352.5. (d) (1) If a conservator does not file a care plan as required by subdivision (a), the court may impose a civil penalty in any amount up to five hundred dollars ($500), payable to the estate of the conservatee. (2) If the conservator is a professional fiduciary, in addition to the civil penalty imposed pursuant to paragraph (1), the court may find a failure to file a care plan is a separate and independent reason to refer the conservator to the Professional Fiduciaries Bureau for investigation. (3) The court may remove the conservator for failure to file a care plan as required by this section. (e) The care plan shall be confidential and shall be made available only as provided in this section. The court shall have discretion to release the care plan to other persons if it would serve the best interests of the conservatee. The clerk of the court shall make provision for limiting disclosure of the care plan exclusively to persons entitled thereto under this section. (f) The court investigator shall review the most recent care plan when conducting an investigation pursuant to Section 1851. (g) The requirement to file a care plan is effective January 1, 2025. (h) This section does not apply to a limited conservator appointed for a developmentally disabled adult, as set forth in subdivision (d) of Section 1801, if the limited conservator is a relative within the first degree of the conservatee. (Added by Stats. 2023, Ch. 705, Sec. 1. (SB 280) Effective January 1, 2024.)
2351.5.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A limited conservator controls the limited conservatee’s care and must secure appropriate services, but cannot exercise listed powers unless they were specifically requested and granted by the court.

## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2351.5. (a) Subject to subdivision (b): (1) The limited conservator has the care, custody, and control of the limited conservatee. (2) The limited conservator shall secure for the limited conservatee those habilitation or treatment, training, education, medical and psychological services, and social and vocational opportunity as appropriate and as will assist the limited conservatee in the development of maximum self-reliance and independence. (b) A limited conservator does not have any of the following powers or controls over the limited conservatee unless those powers or controls are specifically requested in the petition for appointment of a limited conservator and granted by the court in its order appointing the limited conservator: (1) To fix the residence or specific dwelling of the limited conservatee. (2) Access to the confidential records and papers of the limited conservatee. (3) To consent or withhold consent to the marriage of, or the entrance into a registered domestic partnership by, the limited conservatee. (4) The right of the limited conservatee to contract. (5) The power of the limited conservatee to give or withhold medical consent. (6) The limited conservatee’s right to control his or her own social and sexual contacts and relationships. (7) Decisions concerning the education of the limited conservatee. (c) Any limited conservator, the limited conservatee, or any relative or friend of the limited conservatee may apply by petition to the superior court of the county in which the proceedings are pending to have the limited conservatorship modified by the elimination or addition of any of the powers which must be specifically granted to the limited conservator pursuant to subdivision (b). The petition shall state the facts alleged to establish that the limited conservatorship should be modified. The granting or elimination of those powers is discretionary with the court. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (d) The limited conservator or any relative or friend of the limited conservatee may appear and oppose the petition. The court shall hear and determine the matter according to the laws and procedures relating to the trial of civil actions, including trial by jury if demanded. If any of the powers which must be specifically granted to the limited conservator pursuant to subdivision (b) are granted or eliminated, new letters of limited conservatorship shall be issued reflecting the change in the limited conservator’s powers. (Amended by Stats. 2005, Ch. 418, Sec. 28. Effective January 1, 2006.)
2352.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Guardians and conservators may move the ward’s or conservatee’s residence, but must follow court, notice, and timing rules, and must choose the least restrictive appropriate residence.

## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2352. (a) The guardian may establish the residence of the ward at any place within this state without the permission of the court. The guardian shall select the least restrictive appropriate residence that is available and necessary to meet the needs of the ward, and that is in the best interests of the ward. (b) The conservator may establish the residence of the conservatee at any place within this state without the permission of the court. The conservator shall select the least restrictive appropriate residence, as described in Section 2352.5, that is available and necessary to meet the needs of the conservatee, and that is in the best interests of the conservatee. (c) If permission of the court is first obtained, a guardian or conservator may establish the residence of a ward or conservatee at a place not within this state. Notice of the hearing on the petition to establish the residence of the ward or conservatee out of state, together with a copy of the petition, shall be given in the manner required by subdivision (a) of Section 1460 to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822. (d) (1) An order under subdivision (c) relating to a ward shall require the guardian either to return the ward to this state, or to cause a guardianship proceeding or its equivalent to be commenced in the place of the new residence, when the ward has resided in the place of new residence for a period of four months or a longer or shorter period specified in the order. (2) An order under subdivision (c) relating to a conservatee shall require the conservator to do one of the following when the conservatee has resided in the other state for a period of four months or a longer or shorter period specified in the order: (A) Return the conservatee to this state. (B) Petition for transfer of the conservatorship to the other state under Article 3 (commencing with Section 2001) of Chapter 8 of Part 3 and corresponding law of the other state. (C) Cause a conservatorship proceeding or its equivalent to be commenced in the other state. (e) (1) The guardian or conservator shall file a notice of change of residence with the court within 30 days of the date of the change. The guardian or conservator shall include in the notice of change of residence a declaration stating that the ward’s or conservatee’s change of residence is consistent with the standard described in subdivision (b). (2) (A) The guardian or conservator shall deliver pursuant to Section 1215 a copy of the notice to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822 and shall file proof of delivery of the notice with the court. The court may, for good cause, waive the delivery requirement pursuant to this paragraph in order to prevent harm to the conservatee or ward. (B) A conservator also shall provide notice pursuant to subparagraph (A) to any person who has requested special notice of the matter pursuant to Section 2700. (3) If the guardian or conservator proposes to remove the ward or conservatee from their current residence or personal residence, except as provided by subdivision (c), the guardian or conservator shall deliver pursuant to Section 1215 a notice of their intention to change the residence of the ward or conservatee to all persons entitled to notice under subdivision (b) of Section 1511 and subdivision (b) of Section 1822, and any person who has requested special notice of the matter, pursuant to Section 2700. In the absence of an emergency, that notice shall be delivered at least 15 days before the proposed removal of the ward, or at least 20 days of the conservatee, from their current residence or personal residence. If the notice is delivered less than 15 or 20 days before the proposed removal of the ward or conservatee, as applicable, the guardian or conservator shall set forth the basis for the emergency in the notice. The guardian or conservator shall file proof of delivery of that notice with the court. (f) This section does not apply when the court has made an order under Section 2351 pursuant to which the conservatee retains the right to establish their own residence. (g) As used in this section, “guardian” or “conservator” includes a proposed guardian or proposed conservator and “ward” or “conservatee” includes a proposed ward or proposed conservatee. (h) This section does not apply to a person with developmental disabilities for whom the Director of Developmental Services or a regional center, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator. (Amended by Stats. 2024, Ch. 455, Sec. 2. (SB 1106) Effective January 1, 2025.)
2352.5.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The conservator must determine the conservatee’s appropriate level of care, include required evaluations and any return-home plan or explanation, put that determination into the care plan, and re-evaluate if circumstances materially change.

## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2352.5. (a) It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate residence for the conservatee. In any hearing to determine if removal of the conservatee from the conservatee’s personal residence is appropriate, that presumption may be overcome by clear and convincing evidence. (b) Upon appointment, the conservator shall determine the appropriate level of care for the conservatee. (1) That determination shall include an evaluation of the level of care existing at the time of commencement of the proceeding and the measures that would be necessary to keep the conservatee in their personal residence. (2) If the conservatee is living at a location other than the conservatee’s personal residence at the commencement of the proceeding, that determination shall either include a plan to return the conservatee to their personal residence or an explanation of the limitations or restrictions on a return of the conservatee to their personal residence in the foreseeable future. (c) The determination made by the conservator pursuant to subdivision (b) shall be included in the care plan as required by Section 2351.2. (d) The conservator shall evaluate the conservatee’s placement and level of care if there is a material change in circumstances affecting the conservatee’s needs for placement and care. (e) (1) This section shall not apply to a conservatee with developmental disabilities for whom the Director of Developmental Services or a regional center for the developmentally disabled, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator and who receives services from a regional center pursuant to the Lanterman Developmental Disabilities Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). (2) Services, including residential placement, for a conservatee described in paragraph (1) who is a consumer, as defined in Section 4512 of the Welfare and Institutions Code, shall be identified, delivered, and evaluated consistent with the individual program plan process described in Article 2 (commencing with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and Institutions Code. (Amended by Stats. 2023, Ch. 705, Sec. 2. (SB 280) Effective January 1, 2024.)
2353.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian may consent to a ward’s medical treatment, and for a ward age 14 or older surgery generally needs the ward’s consent plus the guardian’s consent or a court order.

## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2353. (a) Subject to subdivision (b), the guardian has the same right as a parent having legal custody of a child to give consent to medical treatment performed upon the ward and to require the ward to receive medical treatment. (b) Except as provided in subdivision (c), if the ward is 14 years of age or older, no surgery may be performed upon the ward without either (1) the consent of both the ward and the guardian or (2) a court order obtained pursuant to Section 2357 specifically authorizing such treatment. (c) The guardian may consent to surgery to be performed upon the ward, and may require the ward to receive the surgery, in any case where the guardian determines in good faith based upon medical advice that the case is an emergency case in which the ward faces loss of life or serious bodily injury if the surgery is not performed. In such a case, the consent of the guardian alone is sufficient and no person is liable because the surgery is performed upon the ward without the ward’s consent. (d) Nothing in this section requires the consent of the guardian for medical or surgical treatment for the ward in any case where the ward alone may consent to such treatment under other provisions of law. (Enacted by Stats. 1990, Ch. 79.)
2354.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A conservatee may consent to medical treatment if they have not been adjudicated to lack informed-consent capacity, and a conservator may consent or require treatment only in the situations described in this 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2354. (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his or her medical treatment. The conservator may also give consent to the medical treatment, but the consent of the conservator is not required if the conservatee has the capacity to give informed consent to the medical treatment, and the consent of the conservator alone is not sufficient under this subdivision if the conservatee objects to the medical treatment. (b) The conservator may require the conservatee to receive medical treatment, whether or not the conservatee consents to the treatment, if a court order specifically authorizing the medical treatment has been obtained pursuant to Section 2357. (c) The conservator may consent to medical treatment to be performed upon the conservatee, and may require the conservatee to receive the medical treatment, in any case where the conservator determines in good faith based upon medical advice that the case is an emergency case in which the medical treatment is required because (1) the treatment is required for the alleviation of severe pain or (2) the conservatee has a medical condition which, if not immediately diagnosed and treated, will lead to serious disability or death. In such a case, the consent of the conservator alone is sufficient and no person is liable because the medical treatment is performed upon the conservatee without the conservatee’s consent. (Enacted by Stats. 1990, Ch. 79.)
2355.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A conservator may make health care decisions for a conservatee who has been adjudicated unable to do so, and must follow the conservatee’s instructions and wishes when known.

## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2355. (a) If the conservatee has been adjudicated to lack the capacity to make health care decisions, the conservator has the exclusive authority to make health care decisions for the conservatee that the conservator in good faith based on medical advice determines to be necessary. The conservator shall make health care decisions for the conservatee in accordance with the conservatee’s individual health care instructions, if any, and other wishes to the extent known to the conservator. Otherwise, the conservator shall make the decision in accordance with the conservator’s determination of the conservatee’s best interest. In determining the conservatee’s best interest, the conservator shall consider the conservatee’s personal values to the extent known to the conservator. The conservator may require the conservatee to receive the health care, whether or not the conservatee objects. In this case, the health care decision of the conservator alone is sufficient and no person is liable because the health care is administered to the conservatee without the conservatee’s consent. For the purposes of this subdivision, “health care” and “health care decision” have the meanings provided in Sections 4615 and 4617, respectively. (b) If prior to the establishment of the conservatorship the conservatee was an adherent of a religion whose tenets and practices call for reliance on prayer alone for healing, the treatment required by the conservator under the provisions of this section shall be by an accredited practitioner of that religion. (Amended by Stats. 1999, Ch. 658, Sec. 12. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2356.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section bars placing a ward or conservatee in a mental health treatment facility against their will, bars experimental drugs and convulsive treatment except as allowed by the cited health-code procedures, and bars sterilization of a minor under this division.

## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2356. (a) A ward or conservatee shall not be placed in a mental health treatment facility under this division against his or her will. Involuntary civil placement of a ward or conservatee in a mental health treatment facility may be obtained only pursuant to Chapter 2 (commencing with Section 5150) or Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. Nothing in this subdivision precludes the placing of a ward in a state hospital under Section 6000 of the Welfare and Institutions Code upon application of the guardian as provided in that section. (b) An experimental drug as defined in Section 111515 of the Health and Safety Code shall not be prescribed for or administered to a ward or conservatee under this division. An experimental drug may be prescribed for or administered to a ward or conservatee only as provided in Article 4 (commencing with Section 111515) of Chapter 6 of Part 5 of Division 104 of the Health and Safety Code. (c) Convulsive treatment as defined in Section 5325 of the Welfare and Institutions Code shall not be performed on a ward or conservatee under this division. Convulsive treatment may be performed on a ward or conservatee only as provided in Article 7 (commencing with Section 5325) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code. (d) A minor shall not be sterilized under this division. (e) This chapter is subject to a valid and effective advance health care directive under the Health Care Decisions Law (Division 4.7 (commencing with Section 4600)). (Amended by Stats. 2015, Ch. 117, Sec. 1. (AB 468) Effective January 1, 2016.)
2356.5.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A conservator may be authorized by the court to place a conservatee in a secured perimeter residential care facility or authorize certain medication for a major neurocognitive disorder, but only after specified court findings.

## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2356.5. (a) The Legislature hereby finds and declares all of the following: (1) That a person with a major neurocognitive disorder, as defined in the last published edition of the Diagnostic and Statistical Manual of Mental Disorders, should have a conservatorship to serve the person’s unique and special needs. (2) That, by adding powers to the probate conservatorship for people with major neurocognitive disorders, their unique and special needs can be met. This will reduce costs to the conservatee and the family of the conservatee, reduce costly administration by state and county government, and safeguard the basic dignity and rights of the conservatee. (3) That it is the intent of the Legislature to recognize that the administration of psychotropic medications has been, and can be, abused by caregivers and, therefore, granting powers to a conservator to authorize these medications for the treatment of major neurocognitive disorders requires the protections specified in this section. (b) Notwithstanding any other law, a conservator may authorize the placement of a conservatee in a secured perimeter residential care facility for the elderly operated pursuant to Section 1569.698 of the Health and Safety Code, and that has a care plan that meets the requirements of Section 87705 of Title 22 of the California Code of Regulations, upon a court’s finding, by clear and convincing evidence, of all of the following: (1) The conservatee has a major neurocognitive disorder, as defined in the last published edition of the Diagnostic and Statistical Manual of Mental Disorders. (2) The conservatee lacks the capacity to give informed consent to this placement and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit significantly impairs the person’s ability to understand and appreciate the consequences of their actions pursuant to subdivision (b) of Section 811. (3) The conservatee needs, or would benefit from, a restricted and secure environment, as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (f). (4) The court finds that the proposed placement in a locked facility is the least restrictive placement appropriate to the needs of the conservatee. (c) Notwithstanding any other law, a conservator of a person may authorize the administration of medications appropriate for the care and treatment of a major neurocognitive disorder, upon a court’s finding, by clear and convincing evidence, of all of the following: (1) The conservatee has a major neurocognitive disorder, as defined in the last published edition of the Diagnostic and Statistical Manual of Mental Disorders. (2) The conservatee lacks the capacity to give informed consent to the administration of medications appropriate to the care of a major neurocognitive disorder, has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit or deficits significantly impairs the person’s ability to understand and appreciate the consequences of their actions pursuant to subdivision (b) of Section 811. (3) The conservatee needs, or would benefit from, appropriate medication, as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (f). (d) Pursuant to subdivision (b) of Section 2355, in the case of a person who is an adherent of a religion whose tenets and practices call for a reliance on prayer alone for healing, the treatment required by the conservator under subdivision (c) shall be by an accredited practitioner of that religion in lieu of the administration of medications. (e) A conservatee who is to be placed in a facility pursuant to this section shall not be placed in a mental health rehabilitation center as described in Section 5675 of the Welfare and Institutions Code, or in an institution for mental disease as described in Section 5900 of the Welfare and Institutions Code. (f) A petition for authority to act under this section is governed by Section 2357, except as follows: (1) The conservatee shall be represented by an attorney pursuant to Chapter 4 (commencing with Section 1470) of Part 1. Upon granting or denying authority to a conservator under this section, the court shall discharge the attorney or order the continuation of the legal representation, consistent with the standard set forth in subdivision (a) of Section 1470. (2) The conservatee shall be produced at the hearing, unless excused pursuant to Section 1893. (3) The petition shall be supported by a declaration of a licensed physician, or a licensed psychologist within the scope of their licensure, regarding each of the findings required to be made under this section for any power requested, except that the psychologist has at least two years of experience in diagnosing major neurocognitive disorders. (4) The petition may be filed by any of the persons designated in Section 1891. (g) The court investigator shall annually investigate and report to the court pursuant to Sections 1850 and 1851 if the conservator is authorized to act under this section. In addition to the other matters provided in Section 1851, the conservatee shall be specifically advised by the investigator that the conservatee has the right to object to the conservator’s powers granted under this section, and the report shall also include whether powers granted under this section are warranted. If the conservatee objects to the conservator’s powers granted under this section, or the investigator determines that some change in the powers granted under this section is warranted, the court shall provide a copy of the report to the attorney of record for the conservatee. If an attorney has not been appointed for the conservatee, one shall be appointed pursuant to Chapter 4 (commencing with Section 1470) of Part 1. The attorney shall, within 30 days after receiving this report, do either of the following: (1) File a petition with the court regarding the status of the conservatee. (2) File a written report with the court stating that the attorney has met with the conservatee and determined that the petition would be inappropriate. (h) A petition to terminate authority granted under this section shall be governed by Section 2359. (i) This section does not affect a conservatorship of the estate of a person who has a major neurocognitive disorder. (j) This section does not affect the laws that would otherwise apply in emergency situations. (k) This section does not affect current law regarding the power of a probate court to fix the residence of a conservatee or to authorize medical treatment for a conservatee who has not been determined to have a major neurocognitive disorder. (Amended by Stats. 2022, Ch. 420, Sec. 41. (AB 2960) Effective January 1, 2023.)
2357.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may ask the court to authorize medical treatment for a ward or conservatee who cannot consent, and the court must follow notice and appointment requirements before deciding.

## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2357. (a) As used in this section: (1) “Guardian or conservator” includes a temporary guardian of the person or a temporary conservator of the person. (2) “Ward or conservatee” includes a person for whom a temporary guardian of the person or temporary conservator of the person has been appointed. (b) If the ward or conservatee requires medical treatment for an existing or continuing medical condition which is not authorized to be performed upon the ward or conservatee under Section 2252, 2353, 2354, or 2355, and the ward or conservatee is unable to give an informed consent to this medical treatment, the guardian or conservator may petition the court under this section for an order authorizing the medical treatment and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the medical treatment. (c) The petition shall state, or set forth by medical affidavit attached thereto, all of the following so far as is known to the petitioner at the time the petition is filed: (1) The nature of the medical condition of the ward or conservatee which requires treatment. (2) The recommended course of medical treatment which is considered to be medically appropriate. (3) The threat to the health of the ward or conservatee if authorization to consent to the recommended course of treatment is delayed or denied by the court. (4) The predictable or probable outcome of the recommended course of treatment. (5) The medically available alternatives, if any, to the course of treatment recommended. (6) The efforts made to obtain an informed consent from the ward or conservatee. (7) The name and addresses, so far as they are known to the petitioner, of the persons specified in subdivision (c) of Section 1510 in a guardianship proceeding or subdivision (b) of Section 1821 in a conservatorship proceeding. (d) Upon the filing of the petition, unless an attorney is already appointed the court shall appoint the public defender or private counsel under Section 1471, to consult with and represent the ward or conservatee at the hearing on the petition and, if that appointment is made, Section 1472 applies. (e) Notice of the petition shall be given as follows: (1) Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be personally served on the ward, if 12 years of age or older, or the conservatee, and on the attorney for the ward or conservatee. (2) Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons: (A) The spouse or domestic partner, if any, of the proposed conservatee at the address stated in the petition. (B) The relatives named in the petition at their addresses stated in the petition. (f) For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following: (1) The existing medical facts and circumstances set forth in the petition or in a medical affidavit attached to the petition or in a medical affidavit presented to the court. (2) The desirability, where the condition of the ward or conservatee permits, of giving adequate notice to all interested persons. (g) Notwithstanding subdivisions (e) and (f), the matter may be submitted for the determination of the court upon proper and sufficient medical affidavits or declarations if the attorney for the petitioner and the attorney for the ward or conservatee so stipulate and further stipulate that there remains no issue of fact to be determined. (h) The court may make an order authorizing the recommended course of medical treatment of the ward or conservatee and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the recommended course of medical treatment for the ward or conservatee if the court determines from the evidence all of the following: (1) The existing or continuing medical condition of the ward or conservatee requires the recommended course of medical treatment. (2) If untreated, there is a probability that the condition will become life-endangering or result in a serious threat to the physical or mental health of the ward or conservatee. (3) The ward or conservatee is unable to give an informed consent to the recommended course of treatment. (i) Upon petition of the ward or conservatee or other interested person, the court may order that the guardian or conservator obtain or consent to, or obtain and consent to, specified medical treatment to be performed upon the ward or conservatee. Notice of the hearing on the petition under this subdivision shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (Amended by Stats. 2017, Ch. 319, Sec. 44. (AB 976) Effective January 1, 2018.)
2358.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A court may add extra conditions to a guardian or conservator’s appointment order if the guardian or conservator agrees.

## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2358. When a guardian or conservator is appointed, the court may, with the consent of the guardian or conservator, insert in the order of appointment conditions not otherwise obligatory providing for the care, treatment, education, and welfare of the ward or conservatee. Any such conditions shall be included in the letters. The performance of such conditions is a part of the duties of the guardian or conservator for the faithful performance of which the guardian or conservator and the sureties on the bond are responsible. (Enacted by Stats. 1990, Ch. 79.)
2359.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator seeking approval to buy, lease, or rent property from a ward’s or conservatee’s estate must disclose specified family or affiliate relationships, and violations can lead to rescission and court-imposed penalties.

## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2359. (a) Upon petition of the guardian or conservator or ward or conservatee or other interested person, the court may authorize and instruct the guardian or conservator or approve and confirm the acts of the guardian or conservator. (b) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (c) (1) When a guardian or conservator petitions for the approval of a purchase, lease, or rental of real or personal property from the estate of a ward or conservatee, the guardian or conservator shall provide a statement disclosing the family or affiliate relationship between the guardian and conservator and the purchaser, lessee, or renter of the property, and the family or affiliate relationship between the guardian or conservator and any agent hired by the guardian or conservator. (2) For the purposes of this subdivision, “family” means a person’s spouse, domestic partner, or relatives within the second degree of lineal or collateral consanguinity of a person or a person’s spouse. For the purposes of this subdivision, “affiliate” means an entity that is under the direct control, indirect control, or common control of the guardian or conservator. (3) 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. 32. Effective January 1, 2002.)
2360.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The conservator must ensure a clear photograph of the conservatee is taken and kept when the conservatorship is established, and then every year after that.

## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2360. Upon the establishment of a conservatorship by the court and annually thereafter, the conservator shall ensure that a clear photograph of the conservatee is taken and preserved for the purpose of identifying the conservatee if he or she becomes missing. (Added by Stats. 2010, Ch. 97, Sec. 1. (AB 2493) Effective January 1, 2011.)
2361.
## 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A conservator must notify specified people of a conservatee’s death and file proof of delivery with the court, unless the court orders 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 5. Powers and Duties of Guardian or Conservator of the Person [2350 - 2361] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 2361. (a) A conservator shall provide notice of a conservatee’s death by delivering pursuant to Section 1215 a copy of the notice to all persons entitled to notice under Section 1460, including, but not limited to, a person who has requested special notice of the matter, as provided in Section 2700, and by filing a proof of delivery with the court, unless otherwise ordered by the court. (b) A conservator also shall provide notice, as specified in subdivision (a), of the date, time, and location of any funeral, burial, or memorial arrangements for the conservatee, if the conservator makes those arrangements. Notice pursuant to this subdivision shall be delivered electronically whenever possible. (Amended by Stats. 2024, Ch. 455, Sec. 3. (SB 1106) Effective January 1, 2025.)
24.
## 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. )
Verify source ↗

This section defines “beneficiary” for probate purposes.

## 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. ) ## 24. “Beneficiary” means a person to whom a donative transfer of property is made or that person’s successor in interest, and: (a) As it relates to the intestate estate of a decedent, means an heir. (b) As it relates to the testate estate of a decedent, means a devisee. (c) As it relates to a trust, means a person who has any present or future interest, vested or contingent. (d) As it relates to a charitable trust, includes any person entitled to enforce the trust. (Enacted by Stats. 1990, Ch. 79.)
240.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Distribution System [240 - 241] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

When a statute uses this section for distribution, the property must be divided into equal shares among the living members of the nearest generation of issue, with shares for deceased members who left living issue passing down the same way.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Distribution System [240 - 241] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 240. If a statute calls for property to be distributed or taken in the manner provided in this section, the property shall be divided into as many equal shares as there are living members of the nearest generation of issue then living and deceased members of that generation who leave issue then living, each living member of the nearest generation of issue then living receiving one share and the share of each deceased member of that generation who leaves issue then living being divided in the same manner among his or her then living issue. (Enacted by Stats. 1990, Ch. 79.)
2400.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section defines “conservator,” “estate,” and “guardian” 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 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2400. As used in this chapter: (a) “Conservator” means the conservator of the estate, or the limited conservator of the estate to the extent that the powers and duties of the limited conservator are specifically and expressly provided by the order appointing the limited conservator. (b) “Estate” means all of the conservatee’s or ward’s personal property, wherever located, and real property located in this state. (c) “Guardian” means the guardian of the estate. (Amended by Stats. 2008, Ch. 52, Sec. 2. Effective January 1, 2009.)
2401.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Guardians and conservators must manage the estate with ordinary care and diligence, and they face conflict-of-interest limits and court-approval rules for certain hires and investments.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2401. (a) The guardian or conservator, or limited conservator to the extent specifically and expressly provided in the appointing court’s order, has the management and control of the estate and, in managing and controlling the estate, shall use ordinary care and diligence. What constitutes use of ordinary care and diligence is determined by all the circumstances of the particular estate. (b) The guardian or conservator: (1) Shall exercise a power to the extent that ordinary care and diligence requires that the power be exercised. (2) Shall not exercise a power to the extent that ordinary care and diligence requires that the power not be exercised. (c) Notwithstanding any other law, a guardian or conservator who is not a trust company, or an employee of that guardian or conservator, in exercising their powers, may not hire or refer any business to an entity in which the guardian or conservator or an employee has a financial interest. For the purposes of this subdivision, “financial interest” shall mean (1) an ownership interest in a sole proprietorship, a partnership, or a closely held corporation, or (2) an ownership interest of greater than 1 percent of the outstanding shares in a publicly held corporation, or (3) being an officer or a director of a corporation. (d) Subdivision (c) does not prohibit a professional fiduciary appointed as a guardian or conservator from hiring and compensating individuals as employees, with court approval. (e) (1) Notwithstanding any other law, a guardian or conservator who is a trust company, in exercising its powers may not, except upon authorization of the court, invest in securities of the trust company or an affiliate or subsidiary, or other securities from which the trust company or affiliate or subsidiary receives a financial benefit or in a mutual fund, other than a mutual fund authorized in paragraph (5) of subdivision (a) of Section 2574, registered under the Investment Company Act of 1940 (Subchapter 1 (commencing with Sec. 80a-1) of Chapter 2D of Title 15 of the United States Code), to which the trust company or its affiliate provides services, including, but not limited to, services as an investment adviser, sponsor, distributor, custodian, agent, registrar, administrator, servicer, or manager, and for which the trust company or its affiliate receives compensation. (2) Before authorization from the court, the guardian or conservator shall disclose to the court in writing the trust company’s financial interest. (Amended by Stats. 2021, Ch. 417, Sec. 21. (AB 1194) Effective January 1, 2022.)
2401.1.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator must use ordinary care and diligence to find, preserve, and protect a ward’s or conservatee’s real property in a foreign jurisdiction.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2401.1. The guardian or conservator shall use ordinary care and diligence to determine whether the ward or conservatee owns real property in a foreign jurisdiction and to preserve and protect that property. What constitutes use of ordinary care and diligence shall be determined by all the facts and circumstances known, or that become known, to the guardian or conservator, the value of the real property located in the foreign jurisdiction, and the needs of the ward or conservatee. The guardian or conservator, except as provided in subdivision (a) of Section 1061 and in Section 1062, is not charged with, and shall have no duty to inventory or account for the real property located in a foreign jurisdiction, but the guardian or conservator shall, when presenting the inventory and appraisal and accounting to the court, include the schedule set forth in subdivision (h) of Section 1063. (Added by Stats. 2008, Ch. 52, Sec. 3. Effective January 1, 2009.)
2401.3.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If a guardian or conservator breaches a fiduciary duty, they can be charged for resulting losses, profits, or missed profits, with interest. The court may excuse some or all of that liability if they acted reasonably and in good faith and equity supports relief.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2401.3. (a) If the guardian or conservator breaches a fiduciary duty, the guardian or conservator is chargeable with any of the following that is appropriate under the circumstances: (1) Any loss or depreciation in value of the estate resulting from the breach of duty, with interest. (2) Any profit made by the guardian or conservator through the breach of duty, with interest. (3) Any profit that would have accrued to the estate if the loss of profit is the result of the breach of duty. (b) If the guardian or conservator has acted reasonably and in good faith under the circumstances as known to the guardian or conservator, the court, in its discretion, may excuse the guardian or conservator in whole or in part from liability under subdivision (a) if it would be equitable to do so. (Enacted by Stats. 1990, Ch. 79.)
2401.5.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If a guardian or conservator is liable for interest under Section 2401.3, liability is for the greater of legal-rate judgment interest or interest actually received. A court may excuse that liability in whole or in part if the person acted reasonably and in good faith and equity supports relief.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2401.5. (a) If the guardian or conservator is liable for interest pursuant to Section 2401.3, the guardian or conservator is liable for the greater of the following amounts: (1) The amount of interest that accrues at the legal rate on judgments. (2) The amount of interest actually received. (b) If the guardian or conservator has acted reasonably and in good faith under the circumstances as known to the guardian or conservator, the court, in its discretion, may excuse the guardian or conservator in whole or in part from liability under subdivision (a) if it would be equitable to do so. (Amended by Stats. 1998, Ch. 77, Sec. 2. Effective January 1, 1999.)
2401.6.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

An estate may not use future fees or wages to pay or offset a surcharge a guardian or conservator owes under Sections 2401.3 or 2401.5.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2401.6. Any surcharge that a guardian or conservator incurs under the provisions of Sections 2401.3 or 2401.5 may not be paid by or offset against future fees or wages to be provided by the estate to the guardian or conservator. (Added by Stats. 2000, Ch. 565, Sec. 7. Effective January 1, 2001.)
2401.7.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator’s fiduciary-duty liability does not block other remedies available under statutory or common law.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2401.7. The provisions of Sections 2401.3 and 2401.5 for liability of a guardian or conservator for breach of a fiduciary duty do not prevent resort to any other remedy available against the guardian or conservator under the statutory or common law. (Enacted by Stats. 1990, Ch. 79.)
2402.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A court may, with the guardian or conservator’s consent, add extra conditions to the appointment order about care and custody of the ward’s or conservatee’s 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2402. When a guardian or conservator is appointed, the court may, with the consent of the guardian or conservator, insert in the order of appointment conditions not otherwise obligatory providing for the care and custody of the property of the ward or conservatee. Any such conditions shall be included in the letters. The performance of such conditions is a part of the duties of the guardian or conservator for the faithful performance of which the guardian or conservator and the sureties on the bond are responsible. (Enacted by Stats. 1990, Ch. 79.)
2403.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A court may authorize or confirm certain actions by a guardian or conservator on petition, and a guardian or conservator seeking approval to buy, lease, or rent property from the estate must disclose family or affiliate relationships.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2403. (a) Upon petition of the guardian or conservator, the ward or conservatee, a creditor, or other interested person, the court may authorize and instruct the guardian or conservator, or approve and confirm the acts of the guardian or conservator, in the administration, management, investment, disposition, care, protection, operation, or preservation of the estate, or the incurring or payment of costs, fees, or expenses in connection therewith. (b) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (c) (1) When a guardian or conservator petitions for the approval of a purchase, lease, or rental of real or personal property from the estate of a ward or conservatee, the guardian or conservator shall provide a statement disclosing the family or affiliate relationship between the guardian and conservator and the purchaser, lessee, or renter of the property, and the family or affiliate relationship between the guardian or conservator and any agent hired by the guardian or conservator. (2) For the purposes of this subdivision, “family” means a person’s spouse, domestic partner, or relatives within the second degree of lineal or collateral consanguinity of a person or a person’s spouse. For the purposes of this subdivision, “affiliate” means an entity that is under the direct control, indirect control, or common control of the guardian or conservator. (3) 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. 33. Effective January 1, 2002.)
2404.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If a guardian or conservator does not provide required support, maintenance, education, or pay certain debts and charges, the court can order payment from 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2404. (a) If the guardian or conservator fails, neglects, or refuses to furnish comfortable and suitable support, maintenance, or education for the ward or conservatee as required by this division, or to pay a debt, expense, or charge lawfully due and payable by the ward or conservatee or the estate as provided in this division, the court shall, upon petition or upon its own motion, order the guardian or conservator to do so from the estate. (b) The petition may be filed by the ward or conservatee or by the creditor or any other interested person. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (Enacted by Stats. 1990, Ch. 79.)
2405.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator, and a limited conservator only if the appointment order specifically allows it, may agree in writing with a third person to send an estate dispute to a temporary judge or to a judge of the court under the stated filing and consent requirements.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2405. If there is a dispute relating to the estate between the guardian or conservator and a third person, the guardian or conservator, or the limited conservator to the extent specifically and expressly provided in the order appointing the limited conservator, may do either of the following: (a) Enter into an agreement in writing with the third person to refer the dispute to a temporary judge designated in the agreement. The agreement shall be filed with the clerk, who shall thereupon, with the approval of the court, enter an order referring the matter to the designated person. The temporary judge shall proceed promptly to hear and determine the matter in controversy by summary procedure, without any pleadings, discovery, or jury trial. The decision of the temporary judge is subject to Section 632 of the Code of Civil Procedure. Judgment shall be entered on the decision and is as valid and effective as if rendered by a judge of the court in an action against the guardian or conservator or the third person commenced by ordinary process. (b) Enter into an agreement in writing with the third person that a judge of the court, pursuant to the agreement and with the written consent of the judge, both filed with the clerk within the time for bringing an independent action on the matter in dispute, may hear and determine the dispute pursuant to the procedure provided in subdivision (a). (Enacted by Stats. 1990, Ch. 79.)
2406.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may make a written agreement with a third person to send an estate dispute to arbitration, but the agreement is not effective unless the court approves it and a copy is filed with the court.

## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2406. If there is a dispute relating to the estate between the guardian or conservator and a third person, the guardian or conservator may enter into an agreement in writing with the third person to submit the dispute to arbitration under Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. The agreement is not effective unless it has first been approved by the court and a copy of the approved agreement is filed with the court. (Enacted by Stats. 1990, Ch. 79.)
2407.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This chapter applies to spouses’ community property only to the extent Part 6 authorizes it.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2407. This chapter applies to property owned by spouses as community property only to the extent authorized by Part 6 (commencing with Section 3000). (Amended by Stats. 2016, Ch. 50, Sec. 82. (SB 1005) Effective January 1, 2017.)
2408.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section says chapter 6 does not limit or reduce any authority a guardian or conservator already has under Article 11 to administer 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2408. Nothing in this chapter limits or restricts any authority granted to a guardian or conservator pursuant to Article 11 (commencing with Section 2590) to administer the estate under that article. (Enacted by Stats. 1990, Ch. 79.)
241.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Distribution System [240 - 241] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Section 240 does not apply if the relevant death occurred before January 1, 1985.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Distribution System [240 - 241] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 241. Section 240 does not apply where the death of the decedent in the case of intestate succession or of the testator, settlor, or other transferor occurred before January 1, 1985, and the law applicable prior to January 1, 1985, shall continue to apply where the death occurred before January 1, 1985. (Enacted by Stats. 1990, Ch. 79.)
2410.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The Judicial Council must adopt a rule of court by January 1, 2008, setting uniform standards for conduct by conservators and guardians and including fee and asset-management standards.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions and General Provisions [2400 - 2410] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 2410. On or before January 1, 2008, the Judicial Council, in consultation with the California Judges Association, the California Association of Superior Court Investigators, the California State Association of Public Administrators, Public Guardians, and Public Conservators, the State Bar of California, the National Guardianship Association, and the Association of Professional Geriatric Care Managers, shall adopt a rule of court that shall require uniform standards of conduct for actions that conservators and guardians may take under this chapter on behalf of conservatees and wards to ensure that the estate of conservatees or wards are maintained and conserved as appropriate and to prevent risk of loss or harm to the conservatees or wards. This rule shall include at a minimum standards for determining the fees that may be charged to conservatees or wards and standards for asset management. (Added by Stats. 2006, Ch. 493, Sec. 22. Effective January 1, 2007.)
2420.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Support and Maintenance of Ward or Conservatee and Dependents [2420 - 2423] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator must use estate income as needed for the ward’s or conservatee’s support, maintenance, and education, and may use estate property transactions if income is insufficient.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Support and Maintenance of Ward or Conservatee and Dependents [2420 - 2423] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2420. (a) Subject to Section 2422, the guardian or conservator shall apply the income from the estate, so far as necessary, to the comfortable and suitable support, maintenance, and education of the ward or conservatee (including care, treatment, and support of a ward or conservatee who is a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services) and of those legally entitled to support, maintenance, or education from the ward or conservatee, taking into account the value of the estate and the condition of life of the persons required to be furnished such support, maintenance, or education. (b) If the income from the estate is insufficient for the purpose described in subdivision (a), the guardian or conservator may sell or give a security interest in or other lien on any personal property of the estate, or sell or mortgage or give a deed of trust on any real property of the estate, as provided in this part. (c) When the amount paid by the guardian or conservator for the purpose described in subdivision (a) satisfies the standard set out in that subdivision, and the payments are supported by proper vouchers or other proof satisfactory to the court, the guardian or conservator shall be allowed credit for such payments when the accounts of the guardian or conservator are settled. (d) Nothing in this section requires the guardian or conservator to obtain court authorization before making the payments authorized by this section, but nothing in this section dispenses with the need to obtain any court authorization otherwise required for a particular transaction. (e) Nothing in this section precludes the guardian or conservator from seeking court authorization or instructions or approval and confirmation pursuant to Section 2403. (Amended by Stats. 2012, Ch. 440, Sec. 44. (AB 1488) Effective September 22, 2012.)
2421.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Support and Maintenance of Ward or Conservatee and Dependents [2420 - 2423] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A court may let a guardian or conservator pay a reasonable personal-use allowance from the estate to the ward or conservatee, if someone petitions for it.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Support and Maintenance of Ward or Conservatee and Dependents [2420 - 2423] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2421. (a) Upon petition of the guardian or conservator or the ward or conservatee, the court may authorize the guardian or conservator to pay to the ward or conservatee out of the estate a reasonable allowance for the personal use of the ward or conservatee. The allowance shall be in such amount as the court may determine to be for the best interests of the ward or conservatee. (b) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (c) The guardian or conservator is not required to account for such allowance other than to establish that it has been paid to the ward or conservatee. The funds so paid are subject to the sole control of the ward or conservatee. (Enacted by Stats. 1990, Ch. 79.)
2422.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Support and Maintenance of Ward or Conservatee and Dependents [2420 - 2423] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The court may order a ward or conservatee to be supported, maintained, or educated from the estate if there is good cause and someone petitions for that relief.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Support and Maintenance of Ward or Conservatee and Dependents [2420 - 2423] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2422. (a) Upon petition of the guardian or conservator, the ward or conservatee, or any other interested person, the court may for good cause order the ward or conservatee to be wholly or partially supported, maintained, or educated out of the estate notwithstanding the existence of a third party legally obligated to provide such support, maintenance, or education. Such order may be made for a limited period of time. If not so limited, it continues in effect until modified or revoked. (b) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (Enacted by Stats. 1990, Ch. 79.)
2423.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Support and Maintenance of Ward or Conservatee and Dependents [2420 - 2423] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

On petition, the court may order a conservator to use surplus estate income to pay certain family members, and may add conditions.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Support and Maintenance of Ward or Conservatee and Dependents [2420 - 2423] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 2423. (a) Upon petition of the conservator, the conservatee, the spouse or domestic partner of the conservatee, or a relative within the second degree of the conservatee, the court may by order authorize or direct the conservator to pay and distribute surplus income of the estate or any part of the surplus income (not used for the support, maintenance, and education of the conservatee and of those legally entitled to support, maintenance, or education from the conservatee) to the spouse or domestic partner of the conservatee and to relatives within the second degree of the conservatee whom the conservatee would, in the judgment of the court, have aided but for the existence of the conservatorship. The court in ordering payments under this section may impose conditions if the court determines that the conservatee would have imposed the conditions if the conservatee had the capacity to act. (b) The granting of the order and the amounts and proportions of the payments are discretionary with the court, but the court shall consider all of the following: (1) The amount of surplus income available after adequate provision has been made for the comfortable and suitable support, maintenance, and education of the conservatee and of those legally entitled to support, maintenance, or education from the conservatee. (2) The circumstances and condition of life to which the conservatee and the spouse or domestic partner and relatives have been accustomed. (3) The amount that the conservatee would in the judgment of the court have allowed the spouse or domestic partner and relatives but for the existence of the conservatorship. (c) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (Amended by Stats. 2001, Ch. 893, Sec. 34. Effective January 1, 2002.)
2430.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Payment of Debts and Expenses [2430 - 2431] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator must pay specified debts and reasonable estate expenses from estate principal and income, subject to listed limits and court-authorization rules.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Payment of Debts and Expenses [2430 - 2431] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2430. (a) Subject to subdivisions (b) and (c), the guardian or conservator shall pay the following from any principal and income of the estate: (1) The debts incurred by the ward or conservatee before creation of the guardianship or conservatorship, giving priority to the debts described in Section 2431 to the extent required by that section. (2) The debts incurred by the ward or conservatee during the guardianship or conservatorship to provide the necessaries of life to the ward or conservatee, and to the spouse and minor children of the ward or conservatee, to the extent the debt is reasonable. Also, the debts reasonably incurred by the conservatee during the conservatorship to provide the basic living expenses, as defined in Section 297 of the Family Code, to the domestic partner of the conservatee. The guardian or conservator may deduct the amount of any payments for these debts from any allowance otherwise payable to the ward or conservatee. (3) In the case of a conservatorship, any other debt incurred by the conservatee during the conservatorship only if the debt satisfies the requirements of any order made under Chapter 4 (commencing with Section 1870) of Part 3. (4) The reasonable expenses incurred in the collection, care, and administration of the estate, but court authorization is required for payment of compensation to any of the following: (A) The guardian or conservator of the person or estate or both. (B) An attorney for the guardian or conservator of the person or estate or both. (C) An attorney for the ward or conservatee. (D) An attorney for the estate. (E) The public guardian for the costs and fee under Section 2902. (b) The payments provided for by paragraph (3) of subdivision (a) are not required to be made to the extent the payments would impair the ability to provide the necessaries of life to the conservatee and the spouse and minor children of the conservatee and to provide the basic living expenses, as defined in Section 297 of the Family Code, of the domestic partner of the conservatee. (c) The guardian or conservator may petition the court under Section 2403 for instructions when there is doubt whether a debt should be paid under this section. (Amended by Stats. 2001, Ch. 893, Sec. 35. Effective January 1, 2002.)
2431.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Payment of Debts and Expenses [2430 - 2431] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator must pay certain wage claims promptly, may ask the court for instructions, and may dispute or withhold only the disputed part of an invalid claim.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Payment of Debts and Expenses [2430 - 2431] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 2431. (a) Subject to subdivision (d), the guardian or conservator may petition the court under Section 2403 for instructions when there is doubt whether a wage claim should be paid under this section. (b) The guardian or conservator shall promptly pay wage claims for work done or services rendered for the ward or conservatee within 30 days prior to the date the petition for appointment of the guardian or conservator was filed. The payments made pursuant to this subdivision shall not exceed nine hundred dollars ($900) to each claimant. If there is insufficient money to pay all the claims described in this subdivision up to nine hundred dollars ($900), the money available shall be distributed among such claimants in proportion to the amount of their respective claims. (c) After the payments referred to in subdivision (b) have been made, the guardian or conservator shall pay wage claims for work done or services rendered for the ward or conservatee within 90 days prior to the date the petition for appointment of the guardian or conservator was filed, excluding the claims described in subdivision (b). The payments made pursuant to this subdivision shall not exceed one thousand one hundred dollars ($1,100) to each claimant. If there is insufficient money to pay all the claims described in this subdivision up to one thousand one hundred dollars ($1,100), the money available shall be distributed among such claimants in proportion to the amounts of their respective claims. (d) The guardian or conservator may require sworn claims to be presented. If there is reasonable cause to believe that the claim is not valid, the guardian or conservator may refuse to pay the claim in whole or in part but shall pay any part thereof that is not disputed without prejudice to the claimant’s rights as to the balance of the claim. The guardian or conservator shall withhold sufficient money to cover the disputed portion until the claimant has had a reasonable opportunity to establish the validity of the claim by bringing an action, either in the claimant’s own name or through an assignee, against the guardian or conservator. (e) If the guardian or conservator neglects or refuses to pay all or any portion of a claim which is not in dispute, the court shall order the guardian or conservator to do so upon the informal application of any wage claimant or the assignee or legal representative of such claimant. (Enacted by Stats. 1990, Ch. 79.)
245.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Distribution Under a Will, Trust, or Other Instrument [245 - 247] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If a will, trust, or other instrument refers to Section 240, or gives property to issue or descendants without saying otherwise, the property must be distributed under Section 240. Certain words by themselves do not count as a contrary intention.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Distribution Under a Will, Trust, or Other Instrument [245 - 247] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 245. (a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 240 of the Probate Code,” or where a will, trust, or other instrument that expresses no contrary intention provides for issue or descendants to take without specifying the manner, the property to be distributed shall be distributed in the manner provided in Section 240. (b) Use of the following words without more, as applied to issue or descendants, is not an expression of contrary intention: (1) “Per capita” when living members of the designated class are not all of the same generation. (2) Contradictory wording, such as “per capita and per stirpes” or “equally and by right of representation.” (Enacted by Stats. 1990, Ch. 79.)
2450.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may carry out the article’s powers and duties without court approval unless the article says court authorization is required; the court may limit that authority in some cases.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2450. (a) Unless this article specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this article may be exercised or performed by the guardian or conservator without court authorization, instruction, approval, or confirmation. Nothing in this subdivision precludes the guardian or conservator from seeking court authorization, instructions, approval, or confirmation pursuant to Section 2403. (b) Upon petition of the ward or conservatee, a creditor, or any other interested person, or upon the court’s own motion, the court may limit the authority of the guardian or conservator under subdivision (a) as to a particular power or duty or as to particular powers or duties. Notice of the hearing on a petition under this subdivision shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (Enacted by Stats. 1990, Ch. 79.)
2451.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may collect debts and benefits owed to the ward or conservatee and 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2451. The guardian or conservator may collect debts and benefits due to the ward or conservatee and the estate. (Enacted by Stats. 1990, Ch. 79.)
2451.5.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may take several estate-management actions, including contracting, buying tangible personal property, hiring professionals, and operating a business for up to 45 days after letters are issued.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2451.5. The guardian or conservator may do any of the following: (a) Contract for the guardianship or conservatorship, perform outstanding contracts, and, thereby, bind the estate. (b) Purchase tangible personal property. (c) Subject to the provisions of Chapter 8 (commencing with Section 2640), employ an attorney to advise and represent the guardian or conservator in all matters, including the conservatorship proceeding and all other actions or proceedings. (d) Employ and pay the expense of accountants, investment advisers, agents, depositaries, and employees. (e) Operate for a period of 45 days after the issuance of the letters of guardianship or conservatorship, at the risk of the estate, a business, farm, or enterprise constituting an asset of the estate. (Added by Stats. 2007, Ch. 553, Sec. 16. Effective January 1, 2008.)
2452.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may endorse, cash, or deposit certain checks, warrants, or drafts payable to the ward or conservatee and belonging to 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2452. (a) The guardian or conservator may endorse and cash or deposit any checks, warrants, or drafts payable to the ward or conservatee which constitute property of the estate. (b) If it appears likely that the estate will satisfy the conditions of subdivision (b) of Section 2628, the court may order that the guardian or conservator be the designated payee for public assistance payments received pursuant to Part 3 (commencing with Section 11000) or Part 4 (commencing with Section 16000) of Division 9 of the Welfare and Institutions Code. (Enacted by Stats. 1990, Ch. 79.)
2453.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may deposit estate money in an insured in-state financial institution, and may withdraw it without a court order unless a court order says 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2453. The guardian or conservator may deposit money belonging to the estate in an insured account in a financial institution in this state. Unless otherwise provided by court order, the money deposited under this section may be withdrawn without order of court. (Enacted by Stats. 1990, Ch. 79.)
2453.5.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A trust company acting as guardian or conservator may place estate cash in a non-interest-bearing checking account for orderly estate administration, and if it deposits estate money in another department account under reasonable judgment, it is chargeable with interest at the local bank rate.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2453.5. (a) Subject to subdivision (b), where a trust company is a guardian or conservator and in the exercise of reasonable judgment deposits money of the estate in an account in any department of the corporation or association of which it is a part, it is chargeable with interest thereon at the rate of interest prevailing among banks of the locality on such deposits. (b) Where it is to the advantage of the estate, the amount of cash that is reasonably necessary for orderly administration of the estate may be deposited in a checking account that does not bear interest which is maintained in a department of the corporation or association of which the trust company is a party. (Enacted by Stats. 1990, Ch. 79.)
2454.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may place estate personal property with a trust company for safekeeping, and it may be withdrawn without a court order unless a court order says 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2454. The guardian or conservator may deposit personal property of the estate with a trust company for safekeeping. Unless otherwise provided by court order, the personal property may be withdrawn without order of court. (Enacted by Stats. 1990, Ch. 79.)
2455.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A trust company acting as guardian or conservator may deposit estate securities in a securities depository, and a securities depository may hold securities deposited under the Financial Code.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2455. (a) A trust company serving as guardian or conservator may deposit securities that constitute all or part of the estate in a securities depository as provided in Section 775 of the Financial Code. (b) If the securities have been deposited with a trust company pursuant to Section 2328 or Section 2454, the trust company may deposit the securities in a securities depository as provided in Section 775 of the Financial Code. (c) The securities depository may hold securities deposited with it in the manner authorized by Section 775 of the Financial Code. (Enacted by Stats. 1990, Ch. 79.)
2456.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A court may order certain money or personal property deposited, and the guardian or conservator must give the financial institution or trust company a copy of the court order when making the deposit.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2456. (a) Upon application of the guardian or conservator, the court may, with or without notice, order that money or other personal property be deposited pursuant to Section 2453 or 2454, and be subject to withdrawal only upon authorization of the court. (b) The guardian or conservator shall deliver a copy of the court order to the financial institution or trust company at the time the deposit is made. (c) No financial institution or trust company accepting a deposit pursuant to Section 2453 or 2454 is on notice of the existence of an order that the money or other property is subject to withdrawal only upon authorization of the court unless it has actual notice of the order. (Enacted by Stats. 1990, Ch. 79.)
2457.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may maintain and repair a home or other dwelling in good condition.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2457. The guardian or conservator may maintain in good condition and repair the home or other dwelling of either or both of the following: (a) The ward or conservatee. (b) The persons legally entitled to such maintenance and repair from the ward or conservatee. (Enacted by Stats. 1990, Ch. 79.)
2458.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may vote, give proxies, waive meeting notice, consent to meetings, and approve shareholder-type actions for estate property covered by this 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2458. With respect to a share of stock of a domestic or foreign corporation held in the estate, a membership in a nonprofit corporation held in the estate, or other property held in the estate, a guardian or conservator may do any one or more of the following: (a) Vote in person, and give proxies to exercise, any voting rights with respect to the share, membership, or other property. (b) Waive notice of a meeting or give consent to the holding of a meeting. (c) Authorize, ratify, approve, or confirm any action which could be taken by shareholders, members, or property owners. (Enacted by Stats. 1990, Ch. 79.)
2459.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Guardians and conservators may manage certain insurance and benefit-related policies, but some actions need court authorization.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2459. (a) The guardian or conservator may obtain, continue, renew, modify, terminate, or otherwise deal in any of the following for the purpose of providing protection to the ward or conservatee or a person legally entitled to support from the ward or conservatee: (1) Medical, hospital, and other health care policies, plans, or benefits. (2) Disability policies, plans, or benefits. (b) The conservator may continue in force any of the following in which the conservatee, or a person legally entitled to support, maintenance, or education from the conservatee, has or will have an interest: (1) Life insurance policies, plans, or benefits. (2) Annuity policies, plans, or benefits. (3) Mutual fund and other dividend reinvestment plans. (4) Retirement, profit-sharing, and employee welfare plans or benefits. (c) The right to elect benefit or payment options, to terminate, to change beneficiaries or ownership, to assign rights, to borrow, or to receive cash value in return for a surrender of rights, or to take similar actions under any of the policies, plans, or benefits described in subdivision (b) may be exercised by the conservator only after authorization or direction by order of the court, except as permitted in Section 2544.5. To obtain such an order, the conservator or other interested person shall petition under Article 10 (commencing with Section 2580). (d) Notwithstanding subdivision (c), unless the court otherwise orders, the conservator without authorization of the court may borrow on the loan value of an insurance policy to pay the current premiums to keep the policy in force if the conservatee followed that practice prior to the establishment of the conservatorship. (e) The guardian may give the consent provided in Section 10112 of the Insurance Code without authorization of the court, but the guardian may use funds of the guardianship estate to effect or maintain in force a contract entered into by the ward under Section 10112 of the Insurance Code only after authorization by order of the court. To obtain such an order, the guardian, the ward, or any other interested person shall file a petition showing that it is in the best interest of the ward or of the guardianship estate to do so. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (f) Nothing in this section limits the power of the guardian or conservator to make investments as otherwise authorized by this division. (Amended by Stats. 1996, Ch. 86, Sec. 1. Effective January 1, 1997.)
246.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Distribution Under a Will, Trust, or Other Instrument [245 - 247] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section tells how property is divided when an instrument uses section 246, per stirpes, by representation, or right of representation language.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Distribution Under a Will, Trust, or Other Instrument [245 - 247] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 246. (a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 246 of the Probate Code,” the property to be distributed shall be divided into as many equal shares as there are living children of the designated ancestor, if any, and deceased children who leave issue then living. Each living child of the designated ancestor is allocated one share, and the share of each deceased child who leaves issue then living is divided in the same manner. (b) Unless the will, trust, or other instrument expressly provides otherwise, if an instrument executed on or after January 1, 1986, calls for property to be distributed or taken “per stirpes,” “by representation,” or “by right of representation,” the property shall be distributed in the manner provided in subdivision (a). (c) If a will, trust, or other instrument executed before January 1, 1986, calls for property to be distributed or taken “per stirpes,” “by representation,” or by “right of representation,” the property shall be distributed in the manner provided in subdivision (a), absent a contrary intent of the transferor. (Enacted by Stats. 1990, Ch. 79.)
2460.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may insure estate property and may also insure the ward, the conservator, and the estate against liability to third persons.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2460. The guardian or conservator may insure: (a) Property of the estate against loss or damage. (b) The ward or conservatee, the guardian or conservator, and all or any part of the estate against liability to third persons. (Enacted by Stats. 1990, Ch. 79.)
2461.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may handle certain tax matters for the ward or conservatee and 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2461. (a) The guardian or conservator may prepare, execute, and file tax returns for the ward or conservatee and for the estate and may exercise options and elections and claim exemptions for the ward or conservatee and for the estate under the applicable tax laws. (b) Notwithstanding Section 2502, the guardian or conservator may pay, contest, and compromise taxes, penalties, and assessments upon the property of the estate and income and other taxes payable or claimed to be payable by the ward or conservatee or the estate. (Enacted by Stats. 1990, Ch. 79.)
2462.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may bring, defend, or file certain court actions for the ward, conservatee, or estate, subject to Section 2463 and unless someone else is appointed for that purpose.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2462. Subject to Section 2463, unless another person is appointed for that purpose, the guardian or conservator may: (a) Commence and maintain actions and proceedings for the benefit of the ward or conservatee or the estate. (b) Defend actions and proceedings against the ward or conservatee, the guardian or conservator, or the estate. (c) File a petition commencing a case under Title 11 of the United States Code (Bankruptcy) on behalf of the ward or conservatee. (Enacted by Stats. 1990, Ch. 79.)
2463.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may take partition-related actions for estate property only when the court authorizes it, except the guardian or conservator may defend a partition action without court authorization when made a defendant.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2463. (a) The guardian or conservator may bring an action against the other cotenants for partition of any property in which the ward or conservatee has an undivided interest if the court has first made an order authorizing the guardian or conservator to do so. The court may make the order ex parte on a petition filed by the guardian or conservator. (b) The guardian or conservator may consent and agree, without an action, to a partition of the property and to the part to be set off to the estate, and may execute deeds or conveyances to the owners of the remaining interests of the parts to which they may be respectively entitled, if the court has made an order under Article 5 (commencing with Section 2500) authorizing the guardian or conservator to do so. (c) If the ward or conservatee, or the guardian or conservator in that capacity, is made a defendant in a partition action, the guardian or conservator may defend the action without authorization of the court. (d) If the subject property is the conservatee’s present or former personal residence, the powers granted pursuant to subdivisions (a) and (b) of this section are subject to the requirements of Sections 2352.5, 2540, 2541, and 2541.5, which govern the sale and partition of a conservatee’s personal residence. (Amended by Stats. 2022, Ch. 91, Sec. 1. (SB 1005) Effective January 1, 2023.)
2464.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may accept a deed to certain encumbered property only with court authorization and if it benefits 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2464. (a) If it is to the advantage of the estate to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage or sale under the deed of trust, the guardian or conservator may, after authorization by order of the court and upon such terms and conditions as may be imposed by the court, accept a deed conveying the property to the ward or conservatee. (b) To obtain an order under this section, the guardian or conservator shall file a petition showing the advantage to the estate of accepting the deed. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (c) The court shall make an order under this section only if the advantage to the estate of accepting the deed is shown by clear and convincing evidence. (Enacted by Stats. 1990, Ch. 79.)
2465.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may dispose of or abandon valueless 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2465. The guardian or conservator may dispose of or abandon valueless property. (Enacted by Stats. 1990, Ch. 79.)
2466.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may use personal funds for the ward’s, conservatee’s, or estate’s benefit and may later reimburse those funds from estate income or principal first available.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2466. The guardian or conservator may advance the guardian’s or conservator’s own funds for the benefit of the ward or conservatee or the estate and may reimburse the advance out of the income and principal of the estate first available. With court authorization or approval, interest on the amount advanced may be allowed at the legal rate payable on judgments. (Enacted by Stats. 1990, Ch. 79.)
2467.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator must keep custody of and conserve the estate after the ward or conservatee dies, until the estate is delivered to the personal representative or otherwise disposed of according to law.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2467. (a) The guardian or conservator continues to have the duty of custody and conservation of the estate after the death of the ward or conservatee pending the delivery thereof to the personal representative of the ward’s or conservatee’s estate or other disposition according to law. (b) The guardian or conservator has such powers as are granted to a guardian or conservator under this division as are necessary for the performance of the duty imposed by subdivision (a). (Enacted by Stats. 1990, Ch. 79.)
2468.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section lets certain people petition for a practice administrator for a disabled attorney’s law practice, and it requires court approval, notice rules, a bond, and later accounting and discharge.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2468. (a) The conservator of the estate of a disabled attorney who was engaged in the practice of law at the time of his or her disability, or other person interested in the estate, may bring a petition seeking the appointment of an active member of the State Bar of California to take control of the files and assets of the practice of the disabled member. (b) The petition may be filed and heard on such notice that the court determines is in the best interests of the persons interested in the estate of the disabled member. If the petition alleges that the immediate appointment of a practice administrator is required to safeguard the interests of the estate, the court may dispense with notice provided that the conservator is the petitioner or has joined in the petition or has otherwise waived notice of hearing on the petition. (c) The petition shall indicate the powers sought for the practice administrator from the list of powers set forth in Section 6185 of the Business and Professions Code. These powers shall be specifically listed in the order appointing the practice administrator. (d) The petition shall allege the value of the assets that are to come under the control of the practice administrator, including but not limited by the amount of funds in all accounts used by the disabled member. The court shall require the filing of a surety bond in the amount of the value of the personal property to be filed with the court by the practice administrator. No action may be taken by the practice administrator unless a bond has been duly filed with the court. (e) The practice administrator shall not be the attorney representing the conservator. (f) The court shall appoint the attorney nominated by the disabled member in a writing, including but not limited to the disabled member’s will, unless the court concludes that the appointment of the nominated person would be contrary to the best interests of the estate or would create a conflict of interest with any of the clients of the disabled member. (g) The practice administrator shall be compensated only upon order of the court making the appointment for his or her reasonable and necessary services. The law practice shall be the source of the compensation for the practice administrator unless the assets are insufficient, in which case, the compensation of the practice administrator shall be charged against the assets of the estate as a cost of administration. The practice administrator shall also be entitled to reimbursement of his or her costs. (h) Upon conclusion of the services of the practice administrator, the practice administrator shall render an accounting and petition for its approval by the superior court making the appointment. Upon settlement of the accounting, the practice administrator shall be discharged and the surety on his or her bond exonerated. (i) If the court appointing the practice administrator determines upon petition that the disabled attorney has recovered his or her capacity to resume his or her law practice, the appointment of a practice administrator shall forthwith terminate and the disabled attorney shall be restored to his or her practice. (j) For purposes of this section, the person appointed to take control of the practice of the disabled member shall be referred to as the “practice administrator” and the conservatee shall be referred to as the “disabled member.” (Added by Stats. 1998, Ch. 682, Sec. 4. Effective January 1, 1999.)
2469.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

When a professional fiduciary becomes incapacitated and there is a vacancy, certain people may ask the court to appoint a temporary successor, and the court and the new administrator have specific notice, bond, filing, and reporting 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Estate Management Powers Generally [2450 - 2469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 2469. (a) Commencing January 1, 2024, when a professional fiduciary becomes incapacitated and a vacancy exists, the incapacitated fiduciary’s conservator, agent under a power of attorney for asset management, trustee, or interested person may petition for the appointment of one or more individuals qualified to act as a professional fiduciary under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code) as a professional fiduciary practice administrator to take control of the incapacitated professional fiduciary’s files and to be appointed as temporary successor as to those matters for which a vacancy exists as a result of the professional fiduciary’s incapacity. (b) The petition shall request an order appointing a professional fiduciary practice administrator as temporary successor, with all of the powers and duties held by the incapacitated fiduciary, in each matter in which the incapacitated fiduciary was acting in a representative capacity, including guardianships of the estate, conservatorships of the person and the estate, decedent’s estates, court-supervised trusts, and non-court-supervised trusts. (c) The court shall require the professional fiduciary practice administrator to file a surety bond in each matter in which the professional fiduciary practice administrator is appointed temporary successor, in the amount currently required of the incapacitated fiduciary or in another amount as the court deems appropriate. (d) The court may appoint as the professional fiduciary practice administrator the professional fiduciary nominated by the incapacitated fiduciary in a writing, including, but not limited to, the incapacitated fiduciary’s will or trust, or in the absence thereof, the person nominated by the person having legal standing to act on behalf of the incapacitated professional fiduciary. The court shall not make the appointment if the court concludes that the appointment of the nominated person would be contrary to the best interests of, or would create a conflict of interest with, any interested party in a matter in which the incapacitated fiduciary was acting in a fiduciary capacity. (e) The appointment of the professional fiduciary practice administrator as temporary successor shall terminate, in each of the matters in which the professional fiduciary practice administrator was appointed as temporary successor, 45 days after the entry of the order appointing the professional fiduciary practice administrator, or earlier if another person is appointed. (f) Notice of the hearing on the petition for appointment of a professional fiduciary practice administrator as temporary successor shall be given to all persons entitled to notice in each of the matters which are the subject of the petition. The court may dispense with notice if the petition alleges that the immediate appointment of a professional fiduciary practice administrator is required to safeguard the interests of an individual or an asset in a matter in which the incapacitated fiduciary was acting in a representative capacity. (g) The professional fiduciary practice administrator shall be compensated for services provided and reimbursement of costs incurred in each matter solely from the assets of that matter subject to the provisions of the applicable document or as determined by the court, and in no event more than the incapacitated fiduciary would have been paid. (h) The professional fiduciary practice administrator appointed in a given matter shall do all of the following: (1) File a copy of the order appointing the professional fiduciary practice administrator as temporary successor in each of the matters in which the court appoints the professional fiduciary practice administrator as temporary successor. (2) Take control and review all files and writings maintained by the incapacitated fiduciary for matters in which the incapacitated fiduciary was acting in a representative capacity. (3) Within 15 days after the entry of the order appointing the professional fiduciary practice administrator as temporary successor, provide written notice to all interested parties as to each matter in which the incapacitated fiduciary was acting in a representative capacity who can be reasonably ascertained and located to inform those parties of the appointment of the professional fiduciary practice administrator as temporary successor. The notice shall advise the interested parties of the necessity and process for the appointment of a permanent successor, which shall include the following: (A) The right of the parties to petition the court for the appointment of a permanent successor. (B) The right of any interested party to nominate an individual to act as permanent successor, and then the obligation of the professional fiduciary practice administrator to petition for the appointment of the individual nominated, provided an interested party provides the professional fiduciary practice administrator with the name of their nominee within 15 days after the date notice was given. (C) The ability of the professional fiduciary practice administrator, in the event none of the interested parties act within the time prescribed, under subparagraph (A) or (B), to petition the court for appointment of a permanent successor. (4) Upon the court’s appointment of a permanent successor, the professional fiduciary practice administrator shall file an account and report on behalf of the incapacitated fiduciary for any period of time the incapacitated fiduciary would have been required to account, as well as for the period of time the professional fiduciary practice administrator served as temporary successor. As part of that account and report, the professional fiduciary practice administrator may request compensation both on behalf of the incapacitated fiduciary, for services rendered prior to their incapacity, and on their own behalf for services rendered after the incapacitated fiduciary’s incapacity, as temporary successor, subject to any limitation on fees and costs that existed for the incapacitated fiduciary, and may request discharge and exoneration of bond. The account filed for the period during which the matter was administered by the now incapacitated fiduciary may be verified on information and belief. (5) Comply with any other obligations imposed by the court. (i) Each of the time periods prescribed in this section may be extended by the court if the court determines that good cause exists, and if the court determines that the extension is in the best interest of the minor, the conservatee, the decedent’s estate, or the current income beneficiaries under a trust, as applicable. (j) For purposes of this section, the following definitions apply: (1) “Incapacitated” means that the person is unable to fulfill their duties as a professional fiduciary because of either temporary or permanent disability, incapacity, or absence. (2) “Professional fiduciary practice administrator” means the person or persons appointed pursuant to this section to take over the responsibilities from the incapacitated fiduciary. (3) “Vacancy” means that the instrument under which the incapacitated fiduciary was acting does not name a successor to fill the vacancy, the instrument under which the incapacitated fiduciary was acting does not provide a nonjudicial method to fill the vacancy, or a cofiduciary, authorized to act solely, was not acting with the incapacitated fiduciary. (k) This section does not limit the authority granted to the court under subdivision (j) of Section 2250, Section 8523, and subdivision (e) of Section 15642. (l) The Judicial Council shall create or revise any forms or rules necessary to implement this section no later than January 1, 2024. (Amended by Stats. 2023, Ch. 478, Sec. 58. (AB 1756) Effective January 1, 2024.)
247.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Distribution Under a Will, Trust, or Other Instrument [245 - 247] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section sets the distribution method for property when a will, trust, or other instrument refers to Section 247 or uses the phrase “per capita at each generation.”

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Distribution Under a Will, Trust, or Other Instrument [245 - 247] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 247. (a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 247 of the Probate Code,” the property to be distributed shall be divided into as many equal shares as there are living members of the nearest generation of issue then living and deceased members of that generation who leave issue then living. Each living member of the nearest generation of issue then living is allocated one share, and the remaining shares, if any, are combined and then divided and allocated in the same manner among the remaining issue as if the issue already allocated a share and their descendants were then deceased. (b) Unless the will, trust, or other instrument expressly provides otherwise, if an instrument executed on or after January 1, 1986, calls for property to be distributed or taken “per capita at each generation,” the property shall be distributed in the manner provided in subdivision (a). (c) If a will, trust, or other instrument executed before January 1, 1986, calls for property to be distributed or taken “per capita at each generation,” the property shall be distributed in the manner provided in subdivision (a), absent a contrary intent of the transferor. (Enacted by Stats. 1990, Ch. 79.)
248.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Identity of Heirs [248 - 249.8] ( Chapter 3 added by Stats. 1992, Ch. 871, Sec. 1. )
Verify source ↗

Certain interested persons may file a verified petition in superior court to have the identities of unnamed heirs or similar relatives determined and established.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Identity of Heirs [248 - 249.8] ( Chapter 3 added by Stats. 1992, Ch. 871, Sec. 1. ) ## 248. When title to real or personal property, or any interest therein, vests, other than by laws of succession, on the heirs, heirs of the body, issue, or children of any person, without other description, or means of identification of the persons embraced in the description, any person interested in the property as the heir, heir of the body, issue, or child, or his or her successor in interest, or the personal representative of any interested person or of his or her successor in interest, may file a verified petition in the superior court of the county in which the property or any part thereof is situated, setting forth briefly the deraignment of title of petitioner, a description of the property affected, and so far as known to the petitioner, the names, ages, and residences of the heirs, heirs of the body, issue or children whose identity is sought to be determined, and if any is dead or if the residence of any is unknown, stating the facts, and requesting that a decree be entered determining and establishing the identity of the persons embraced in the general description. (Added by Stats. 1992, Ch. 871, Sec. 1. Effective January 1, 1993.)
248.5.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Identity of Heirs [248 - 249.8] ( Chapter 3 added by Stats. 1992, Ch. 871, Sec. 1. )
Verify source ↗

The clerk must set the petition for hearing and give notice as required by the cited sections, and the petitioner must also cause notice of the hearing to be given as specified there.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Identity of Heirs [248 - 249.8] ( Chapter 3 added by Stats. 1992, Ch. 871, Sec. 1. ) ## 248.5. The clerk shall set the petition for hearing by the court and give notice thereof in the manner provided in Sections 1230 and 1260. The petitioner shall cause notice of the hearing to be given in the manner specified in Sections 1220 and 1260. (Added by Stats. 1992, Ch. 871, Sec. 1. Effective January 1, 1993.)
249.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Identity of Heirs [248 - 249.8] ( Chapter 3 added by Stats. 1992, Ch. 871, Sec. 1. )
Verify source ↗

Before the hearing, an interested person may answer the petition and deny its claims. The court must hear the proofs and issue a decree matching the proofs.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Identity of Heirs [248 - 249.8] ( Chapter 3 added by Stats. 1992, Ch. 871, Sec. 1. ) ## 249. At any time before the hearing any person interested in the property may answer the petition and deny any of the matters contained therein. The court shall hear the proofs offered by the petitioner and by any person contesting and shall make a decree conformable to the proofs. The decree shall be prima facie evidence of the facts determined thereby, and shall be conclusive in favor of anyone acting thereon in good faith without notice of any conflicting interest. (Added by Stats. 1992, Ch. 871, Sec. 1. Effective January 1, 1993.)
249.5.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Identity of Heirs [248 - 249.8] ( Chapter 3 added by Stats. 1992, Ch. 871, Sec. 1. )
Verify source ↗

A posthumously conceived and born child may be treated as having been born during the decedent’s lifetime for property-distribution purposes if stated proof and timing conditions are met.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Identity of Heirs [248 - 249.8] ( Chapter 3 added by Stats. 1992, Ch. 871, Sec. 1. ) ## 249.5. For purposes of determining rights to property to be distributed upon the death of a decedent, a child of the decedent conceived and born after the death of the decedent shall be deemed to have been born in the lifetime of the decedent, and after the execution of all of the decedent’s testamentary instruments, if the child or his or her representative proves by clear and convincing evidence that all of the following conditions are satisfied: (a) The decedent, in writing, specifies that his or her genetic material shall be used for the posthumous conception of a child of the decedent, subject to the following: (1) The specification shall be signed by the decedent and dated. (2) The specification may be revoked or amended only by a writing, signed by the decedent and dated. (3) A person is designated by the decedent to control the use of the genetic material. (b) The person designated by the decedent to control the use of the genetic material has given written notice by certified mail, return receipt requested, that the decedent’s genetic material was available for the purpose of posthumous conception. The notice shall have been given to a person who has the power to control the distribution of either the decedent’s property or death benefits payable by reason of the decedent’s death, within four months of the date of issuance of a certificate of the decedent’s death or entry of a judgment determining the fact of the decedent’s death, whichever event occurs first. (c) The child was in utero using the decedent’s genetic material and was in utero within two years of the date of issuance of a certificate of the decedent’s death or entry of a judgment determining the fact of the decedent’s death, whichever event occurs first. This subdivision does not apply to a child who shares all of his or her nuclear genes with the person donating the implanted nucleus as a result of the application of somatic nuclear transfer technology commonly known as human cloning. (Amended by Stats. 2005, Ch. 285, Sec. 1. Effective January 1, 2006.)
249.6.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Identity of Heirs [248 - 249.8] ( Chapter 3 added by Stats. 1992, Ch. 871, Sec. 1. )
Verify source ↗

A person controlling distribution of a decedent’s property or death benefits must not distribute or pay them until two years after the earliest death certificate or court death judgment, unless an exception applies.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Identity of Heirs [248 - 249.8] ( Chapter 3 added by Stats. 1992, Ch. 871, Sec. 1. ) ## 249.6. (a) Upon timely receipt of the notice required by Section 249.5 or actual knowledge by a person who has the power to control the distribution of either the decedent’s property or death benefits payable by reason of the decedent’s death, that person may not make a distribution of property or pay death benefits payable by reason of the decedent’s death before two years following the date of issuance of a certificate of the decedent’s death or entry of a judgment determining the fact of decedent’s death, whichever event occurs first. (b) Subdivision (a) does not apply to, and the distribution of property or the payment of benefits may proceed in a timely manner as provided by law with respect to, any property if the birth of a child or children of the decedent conceived after the death of the decedent will not have an effect on any of the following: (1) The proposed distribution of the decedent’s property. (2) The payment of death benefits payable by reason of the decedent’s death. (3) The determination of rights to property to be distributed upon the death of the decedent. (4) The right of any person to claim a probate homestead or probate family allowance. (c) Subdivision (a) does not apply to, and the distribution of property or the payment of benefits may proceed in a timely manner as provided by law with respect to, any property if the person named in subdivision (a) of Section 249.5 sends written notice by certified mail, return receipt requested, that the person does not intend to use the genetic material for the posthumous conception of a child of a decedent. This notice shall be signed by the person named in paragraph (3) of subdivision (a) of Section 249.5 and at least one competent witness, and dated. (d) A person who has the power to control the distribution of either the decedent’s property or death benefits payable by reason of the decedent’s death, shall incur no liability for making a distribution of property or paying death benefits if that person made a distribution of property or paid death benefits prior to receiving notice or acquiring actual knowledge of the existence of genetic material available for posthumous conception purposes or the written notice required by subdivision (b) of Section 249.5. (e) Each person to whom payment, delivery, or transfer of the decedent’s property is made is personally liable to a person who, pursuant to Section 249.5, has a superior right to the payment, delivery, or transfer of the decedent’s property. The aggregate of the personal liability of a person shall not exceed the fair market value, valued as of the time of the transfer, of the property paid, delivered, or transferred to the person under this section, less the amount of any liens and encumbrances on that property at that time. (f) In addition to any other liability a person may have pursuant to this section, any person who fraudulently secures the payment, delivery, or transfer of the decedent’s property pursuant to this section shall be liable to the person having a superior right for three times the fair market value of the property. (g) An action to impose liability under this section shall be barred three years after the distribution to the holder of the decedent’s property, or three years after the discovery of fraud, whichever is later. The three-year period specified in this subdivision may not be tolled for any reason. (Amended by Stats. 2005, Ch. 285, Sec. 2. Effective January 1, 2006.)
249.7.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Identity of Heirs [248 - 249.8] ( Chapter 3 added by Stats. 1992, Ch. 871, Sec. 1. )
Verify source ↗

If required notice is not given on time, the person controlling the distribution may distribute the property or death benefits under the law as if an after-born child had predeceased the decedent without heirs; such a child or representative is barred from wrongful-distribution claims.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Identity of Heirs [248 - 249.8] ( Chapter 3 added by Stats. 1992, Ch. 871, Sec. 1. ) ## 249.7. If the written notice required pursuant to Section 249.5 is not given in a timely manner to any person who has the power to control the distribution of either the decedent’s property or death benefits payable by reason of the decedent’s death, that person may make the distribution in the manner provided by law as if any child of the decedent conceived after the death of the decedent had predeceased the decedent without heirs. Any child of a decedent conceived after the death of the decedent, or that child’s representative, shall be barred from making a claim against either the person making the distribution or the recipient of the distribution when the claim is based on wrongful distribution and written notice has not been given in a timely manner pursuant to Section 249.5 to the person making that distribution. (Added by Stats. 2004, Ch. 775, Sec. 7. Effective January 1, 2005.)
249.8.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Identity of Heirs [248 - 249.8] ( Chapter 3 added by Stats. 1992, Ch. 871, Sec. 1. )
Verify source ↗

An interested person may ask the court to distribute a decedent’s property or death benefits, and the court may grant all or part of the request if distribution would not cause loss to any interested person. Any distribution order is stayed until a required bond is filed.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Identity of Heirs [248 - 249.8] ( Chapter 3 added by Stats. 1992, Ch. 871, Sec. 1. ) ## 249.8. Notwithstanding Section 249.6, any interested person may file a petition in the manner prescribed in Section 248 or 17200 requesting a distribution of property of the decedent or death benefits payable by reason of decedent’s death that are subject to the delayed distribution provisions of Section 249.6. The court may order distribution of all, or a portion of, the property or death benefits, if at the hearing it appears that distribution can be made without any loss to any interested person, including any loss, either actual or contingent, to a decedent’s child who is conceived after the death of the decedent. The order for distribution shall be stayed until any bond required by the court is filed. (Amended by Stats. 2005, Ch. 285, Sec. 3. Effective January 1, 2006.)
250.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. )
Verify source ↗

A person who feloniously and intentionally kills the decedent cannot take the decedent’s property or related benefits.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. ) ## 250. (a) A person who feloniously and intentionally kills the decedent is not entitled to any of the following: (1) Any property, interest, or benefit under a will of the decedent, or a trust created by or for the benefit of the decedent or in which the decedent has an interest, including any general or special power of appointment conferred by the will or trust on the killer and any nomination of the killer as executor, trustee, guardian, or conservator or custodian made by the will or trust. (2) Any property of the decedent by intestate succession. (3) Any of the decedent’s quasi-community property the killer would otherwise acquire under Section 101 or 102 upon the death of the decedent. (4) Any property of the decedent under Division 5 (commencing with Section 5000). (5) Any property of the decedent under Part 3 (commencing with Section 6500) of Division 6. (b) In the cases covered by subdivision (a): (1) The property interest or benefit referred to in paragraph (1) of subdivision (a) passes as if the killer had predeceased the decedent and Section 21110 does not apply. (2) Any property interest or benefit referred to in paragraph (1) of subdivision (a) which passes under a power of appointment and by reason of the death of the decedent passes as if the killer had predeceased the decedent, and Section 673 does not apply. (3) Any nomination in a will or trust of the killer as executor, trustee, guardian, conservator, or custodian which becomes effective as a result of the death of the decedent shall be interpreted as if the killer had predeceased the decedent. (Amended by Stats. 2015, Ch. 293, Sec. 4. (AB 139) Effective January 1, 2016.)
2500.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may settle or modify certain claims and obligations for the estate without court approval if it benefits the estate, but the court can limit that authority.

## Probate Code - PROB ## DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ( Division 4 enacted by Stats. 1990, Ch. 79. ) ## PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP [2100 - 2893] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 2500. (a) Unless this article or some other applicable statute requires court authorization or approval, if it is to the advantage of the estate, the guardian or conservator may do any of the following without court authorization, instruction, approval, or confirmation: (1) Compromise or settle a claim, action, or proceeding by or for the benefit of, or against, the ward or conservatee, the guardian or conservator, or the estate, including the giving of a covenant not to sue. (2) Extend, renew, or in any manner modify the terms of an obligation owing to or running in favor of the ward or conservatee or the estate. (b) Nothing in this section precludes the guardian or conservator from seeking court authorization, instructions, approval, or confirmation pursuant to Section 2403. (c) Upon petition of the ward or conservatee, a creditor, or any interested person, or upon the court’s own motion, the court may limit the authority of the guardian or conservator under subdivision (a). Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (Enacted by Stats. 1990, Ch. 79.)
2501.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Court approval is required for certain compromises, settlements, and changes affecting real property interests, but a guardian or conservator may extend, renew, or modify a real-property lease without prior approval if it benefits the estate and meets the stated limits.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 2501. (a) Except as provided in subdivision (b), court approval is required for a compromise, settlement, extension, renewal, or modification which affects any of the following: (1) Title to real property. (2) An interest in real property or a lien or encumbrance on real property. (3) An option to purchase real property or an interest in real property. (b) If it is to the advantage of the estate, the guardian or conservator without prior court approval may extend, renew, or modify a lease of real property in either of the following cases: (1) Where under the lease as extended, renewed, or modified the rental does not exceed five thousand dollars ($5,000) a month and the term does not exceed two years. (2) Where the lease is from month to month, regardless of the amount of the rental. (c) For the purposes of subdivision (b), if the lease as extended, renewed, or modified gives the lessee the right to extend the term of the lease, the length of the term shall be considered as though the right to extend had been exercised. (Amended by Stats. 1990, Ch. 710, Sec. 10. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
2502.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Court approval is required for a compromise or settlement when the deal involves estate property or unsecured estate liability and exceeds $25,000.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 2502. Court approval is required for a compromise or settlement of a matter when the transaction requires the transfer or encumbrance of property of the estate, or the creation of an unsecured liability of the estate, or both, in an amount or value in excess of twenty-five thousand dollars ($25,000). (Enacted by Stats. 1990, Ch. 79.)
2503.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Court approval is required before certain compromises, settlements, or debt changes involving a ward or conservatee’s claim or obligation can be made.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 2503. Court approval is required for any of the following: (a) A compromise or settlement of a claim by the ward or conservatee against the guardian or conservator or against the attorney for the guardian or conservator, whether or not the claim arises out of the administration of the estate. (b) An extension, renewal, or modification of the terms of a debt or similar obligation of the guardian or conservator, or of the attorney for the guardian or conservator, owing to or running in favor of the ward or conservatee or the estate. (Enacted by Stats. 1990, Ch. 79.)
2504.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Court approval is required before settling or compromising certain claims involving a ward or conservatee.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 2504. Court approval is required for the compromise or settlement of any of the following: (a) A claim for the support, maintenance, or education of (1) the ward or conservatee, or (2) a person whom the ward or conservatee is legally obligated to support, maintain, or educate, against any other person (including, but not limited to, the spouse or parent of the ward or the spouse, domestic partner, parent, or adult child of the conservatee). (b) A claim of the ward or conservatee for wrongful death. (c) A claim of the ward or conservatee for physical or nonphysical harm to the person. (Amended by Stats. 2001, Ch. 893, Sec. 36. Effective January 1, 2002.)
2505.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section says which court must receive approval for a claim or matter, depending on whether there is a pending case, where the related guardianship or conservatorship case is pending, and whether the conservatorship is registered in California.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 2505. (a) Subject to subdivision (c), where the claim or matter is the subject of a pending action or proceeding, the court approval required by this article shall be obtained from the court in which the action or proceeding is pending. (b) Where the claim or matter is not the subject of a pending action or proceeding, the court approval required by this article shall be obtained from one of the following: (1) The court in which the guardianship or conservatorship proceeding is pending. (2) The superior court of the county where the ward or conservatee or guardian or conservator resides at the time the petition for approval is filed. (3) The superior court of any county where a suit on the claim or matter properly could be brought. (c) Where the claim or matter is the subject of a pending action or proceeding that is not brought in a court of this state, court approval required by this article shall be obtained from either of the following: (1) The court in which the action or proceeding is pending. (2) The court in which the guardianship or conservatorship proceeding is pending. (d) (1) Subdivisions (a), (b), and (c) do not apply to a conservatorship that is registered in this state pursuant to Article 4 (commencing with Section 2011) of Chapter 8 of Part 3. (2) Except as provided in paragraph (3), when a conservatorship is registered in this state pursuant to Article 4 (commencing with Section 2011) of Chapter 8 of Part 3, the court approval required by this article shall be obtained in accordance with Section 2016. (3) Notwithstanding Section 2016, when a conservatorship is registered in this state pursuant to Article 4 (commencing with Section 2011) of Chapter 8 of Part 3, and the claim or matter in question is the subject of a pending action or proceeding that is not brought in a court of this state, the court approval required by this article may be obtained from the court in which the action or proceeding is pending. (Amended by Stats. 2014, Ch. 553, Sec. 25. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
2506.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If court approval is required, the guardian or conservator must file a petition showing the benefit of the compromise or related change to the ward or conservatee and 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 2506. Where approval of the court in which the guardianship or conservatorship proceeding is pending is required under this article, the guardian or conservator shall file a petition with the court showing the advantage of the compromise, settlement, extension, renewal, or modification to the ward or conservatee and the estate. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (Enacted by Stats. 1990, Ch. 79.)
2507.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If another statute controls approval of a compromise, settlement, extension, renewal, or modification, that statute governs instead of section 2507.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [2500 - 2507] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 2507. Notwithstanding Sections 2500 to 2506, inclusive: (a) Whenever another statute requires, provides a procedure for, or dispenses with court approval of a compromise, settlement, extension, renewal, or modification, the provisions of that statute govern any case to which that statute applies. (b) Whenever another statute provides that a compromise or settlement of an administrative proceeding is not valid unless approved in such proceeding, the approval is governed by that statute, and approval in the guardianship or conservatorship proceeding is not required. (Enacted by Stats. 1990, Ch. 79.)
251.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. )
Verify source ↗

If a joint tenant feloniously and intentionally kills another joint tenant, the victim’s interest is severed and the killer has no survivorship rights.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. ) ## 251. A joint tenant who feloniously and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent’s property and the killer has no rights by survivorship. This section applies to joint tenancies in real and personal property, joint and multiple-party accounts in financial institutions, and any other form of coownership with survivorship incidents. (Enacted by Stats. 1990, Ch. 79.)
252.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. )
Verify source ↗

A named beneficiary who feloniously and intentionally kills the obligee or insured person cannot receive benefits under the bond, life insurance policy, or similar contract.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. ) ## 252. A named beneficiary of a bond, life insurance policy, or other contractual arrangement who feloniously and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy, or other contractual arrangement, and it becomes payable as though the killer had predeceased the decedent. (Enacted by Stats. 1990, Ch. 79.)
253.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. )
Verify source ↗

If a person unlawfully and intentionally kills another person, the killer’s resulting property or benefit acquisition is handled under this part unless the case is covered by Sections 250, 251, or 252.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. ) ## 253. In any case not described in Section 250, 251, or 252 in which one person feloniously and intentionally kills another, any acquisition of property, interest, or benefit by the killer as a result of the killing of the decedent shall be treated in accordance with the principles of this part. (Enacted by Stats. 1990, Ch. 79.)
254.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. )
Verify source ↗

A final conviction for felonious and intentional killing is conclusive for this part; otherwise, the court may decide the issue by a preponderance of evidence, and the party seeking that finding bears the burden of proof.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. ) ## 254. (a) A final judgment of conviction of felonious and intentional killing is conclusive for purposes of this part. (b) In the absence of a final judgment of conviction of felonious and intentional killing, the court may determine by a preponderance of evidence whether the killing was felonious and intentional for purposes of this part. The burden of proof is on the party seeking to establish that the killing was felonious and intentional for the purposes of this part. (Enacted by Stats. 1990, Ch. 79.)
2540.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A conservator generally needs court authorization, confirmation, or direction to sell estate property, with special notice and disclosure rules for a conservatee’s present or former personal residence.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 2540. (a) Except as otherwise provided in Sections 2544 and 2545, and except for the sale of a conservatee’s present or former personal residence as set forth in subdivision (b), sales of real or personal property of the estate under this article are subject to authorization, confirmation, or direction of the court, as provided in this article. (b) In seeking authorization to sell a conservatee’s present or former personal residence, consent and agree to partition of a conservatee’s present or former personal residence, or bring an action for partition of a conservatee’s present or former personal residence, the conservator shall notify the court that the present or former personal residence is proposed to be sold or partitioned and that the conservator has discussed the proposed sale or partition with the conservatee. The conservator shall inform the court whether the conservatee supports or is opposed to the proposed sale or partition and shall describe the circumstances that necessitate the proposed sale or partition, including whether the conservatee has the ability to live in the personal residence and why other alternatives, including, but not limited to, in-home care services, are not available. The court, in its discretion, may require the court investigator to discuss the proposed sale or partition with the conservatee. (c) Notice under subdivision (b) shall be provided to the court before the conservator commits any significant resources to the proposed sale or partition of the residence, unless the conservator can establish that either the conservatee has the capacity to consent and unequivocally consents to the sale or partition, or there are exigent circumstances that require the conservator to commit resources to the sale or partition prior to court approval. (Amended by Stats. 2022, Ch. 91, Sec. 2. (SB 1005) Effective January 1, 2023.)
2541.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may sell estate property, consent to partition, or bring a partition action if certain 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 2541. The guardian or conservator may sell real or personal property of the estate, consent and agree to partition of real or personal property of the estate, or bring an action for partition of real or personal property of the estate, in any of the following cases: (a) If the income of the estate is insufficient for the comfortable and suitable support, maintenance, and education of the ward or conservatee (including care, treatment, and support of the ward or conservatee if a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services) or of those legally entitled to support, maintenance, or education from the ward or conservatee. (b) If the sale or partition is necessary to pay the debts referred to in Sections 2430 and 2431. (c) If the sale or partition is for the advantage, benefit, and best interest of (1) the ward or conservatee, (2) the estate, or (3) the ward or conservatee and those legally entitled to support, maintenance, or education from the ward or conservatee. (Amended by Stats. 2022, Ch. 91, Sec. 3. (SB 1005) Effective January 1, 2023.)
2541.5.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A court may authorize certain actions involving a conservatee’s present or former personal residence only if there is clear and convincing evidence of a compelling need for the action for the conservatee’s benefit.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 2541.5. Notwithstanding Section 2541, the court may authorize a conservator to sell a conservatee’s present or former personal residence, consent and agree to partition of a conservatee’s present or former personal residence, or bring an action for partition of a conservatee’s present or former personal residence, only if the court finds by clear and convincing evidence that the conservator demonstrated a compelling need to sell or partition the personal residence for the benefit of the conservatee. (Amended by Stats. 2022, Ch. 91, Sec. 4. (SB 1005) Effective January 1, 2023.)
2542.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Estate sales must be for cash or partly cash and partly deferred payments, and sale terms generally need court approval. If real property is sold on deferred payments, the guardian or conservator must take the buyer’s note and security. In certain split-interest sales joined by the remaining owners, the note and security may be made to the ward or conservatee and those owners.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 2542. (a) All sales shall be for cash or for part cash and part deferred payments. Except as otherwise provided in Sections 2544 and 2545, the terms of sale are subject to the approval of the court. (b) If real property is sold for part deferred payments, the guardian or conservator shall take the note of the purchaser for the unpaid portion of the purchase money, with a mortgage or deed of trust on the property to secure payment of the note. The mortgage or deed of trust shall be subject only to encumbrances existing at the date of sale and such other encumbrances as the court may approve. (c) If real or personal property of the estate sold for part deferred payments consists of an undivided interest, a joint tenancy interest, or any other interest less than the entire ownership, and the owner or owners of the remaining interests in the property join in the sale, the note and deed of trust or mortgage may be made to the ward or conservatee and the other owner or owners. (Enacted by Stats. 1990, Ch. 79.)
2543.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section lets a guardian or conservator choose how to sell estate property, and it sets related sale procedures and notice rules.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 2543. (a) If estate property is required or permitted to be sold, the guardian or conservator may: (1) Use discretion as to which property to sell first. (2) Sell the entire interest of the estate in the property or any lesser interest therein. (3) Sell the property either at public auction or private sale. (b) Subject to Section 1469, unless otherwise specifically provided in this article, all proceedings concerning sales by guardians or conservators, publishing and posting notice of sale, reappraisal for sale, minimum offer price for the property, reselling the property, report of sale and petition for confirmation of sale, and notice and hearing of that petition, making orders authorizing sales, rejecting or confirming sales and reports of sales, ordering and making conveyances of property sold, and allowance of commissions, shall conform, as nearly as may be, to the provisions of this code concerning sales by a personal representative, including, but not limited to, Articles 6 (commencing with Section 10300), 7 (commencing with Section 10350), 8 (commencing with Section 10360), and 9 (commencing with Section 10380) of Chapter 18 of Part 5 of Division 7. The provisions concerning sales by a personal representative as described in the Independent Administration of Estates Act, Part 6 (commencing with Section 10400) of Division 7 shall not apply to this subdivision. (c) Notwithstanding Section 10309, if the last appraisal of the conservatee’s personal residence was conducted more than six months prior to the confirmation hearing, a new appraisal shall be required prior to the confirmation hearing, unless the court finds that it is in the best interests of the conservatee to rely on an appraisal of the personal residence that was conducted not more than one year prior to the confirmation hearing. (d) The clerk of the court shall cause notice to be posted pursuant to subdivision (b) only in the following cases: (1) If posting of notice of hearing is required on a petition for the confirmation of a sale of real or personal property of the estate. (2) If posting of notice of a sale governed by Section 10250 (sales of personal property) is required or authorized. (3) If posting of notice is ordered by the court. (Amended by Stats. 2007, Ch. 553, Sec. 17. Effective January 1, 2008.)
2544.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may sell securities without court authorization, confirmation, or direction if listed conditions are met, subject to court limits and Section 2541.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 2544. (a) Except as specifically limited by order of the court, subject to Section 2541, the guardian or conservator may sell securities without authorization, confirmation, or direction of the court if any of the following conditions is satisfied: (1) The securities are to be sold on an established stock or bond exchange. (2) The securities to be sold are securities designated as a national market system security on an interdealer quotation system or subsystem thereof, by the National Association of Securities Dealers, Inc., sold through a broker-dealer registered under the Securities Exchange Act of 1934 during the regular course of business of the broker-dealer. (3) The securities are to be directly redeemed by the issuer thereof. (b) Section 2543 does not apply to sales under this section. (Amended by Stats. 1996, Ch. 86, Sec. 2. Effective January 1, 1997.)
2544.5.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may sell certain mutual funds without court authorization, confirmation, or direction, unless the court specifically limits that power and subject to Section 2541.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 2544.5. Except as specifically limited by the court, subject to Section 2541, the guardian or conservator may sell mutual funds held without designation of a beneficiary without authorization, confirmation, or direction of the court. Section 2543 does not apply to sales under this section. (Added by Stats. 1996, Ch. 86, Sec. 2.5. Effective January 1, 1997.)
2545.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may sell or exchange certain estate property without court approval, but yearly sales under this section are capped at $5,000 and some personal items may be sold only with the required ward or conservatee consent or incapacity conditions.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 2545. (a) Subject to subdivisions (b) and (c) and to Section 2541, the guardian or conservator may sell or exchange tangible personal property of the estate without authorization, confirmation, or direction of the court. (b) The aggregate of the sales or exchanges made during any calendar year under this section may not exceed five thousand dollars ($5,000). (c) A sale or exchange of personal effects or of furniture or furnishings used for personal, family, or household purposes may be made under this section only if: (1) In the case of a guardianship, the ward is under the age of 14 or, if 14 years of age or over, consents to the sale or exchange. (2) In the case of a conservatorship, the conservatee either (i) consents to the sale or exchange or (ii) the conservatee does not have legal capacity to give such consent. (d) Failure of the guardian or conservator to observe the limitations of subdivision (b) or (c) does not invalidate the title of, or impose any liability upon, a third person who acts in good faith and without actual notice of the lack of authority of the guardian or conservator. (e) Subdivision (b) of Section 2543 does not apply to sales under this section. (Enacted by Stats. 1990, Ch. 79.)
2547.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator must use sale proceeds for the sale’s purpose, and any leftover money must be managed like other estate 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 2547. The guardian or conservator shall apply the proceeds of the sale to the purposes for which it was made, as far as necessary, and the residue, if any, shall be managed as the other property of the estate. (Enacted by Stats. 1990, Ch. 79.)
2548.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A ward, conservatee, or someone claiming under them generally cannot sue to recover property sold by a guardian or conservator unless the action is started within the stated time limits.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Sales [2540 - 2548] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 2548. No action for the recovery of any property sold by a guardian or conservator may be maintained by the ward or conservatee or by any person claiming under the ward or conservatee unless commenced within the later of the following times: (a) Three years after the termination of the guardianship or conservatorship. (b) When a legal disability to sue exists by reason of minority or otherwise at the time the cause of action accrues, within three years after the removal thereof. (Enacted by Stats. 1990, Ch. 79.)
255.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. )
Verify source ↗

This provision preserves the rights of a good-faith purchaser from the killer before adjudication, and makes the killer liable for the proceeds or value of the property.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT [250 - 259] ( Heading of Part 7 amended by Stats. 1998, Ch. 935, Sec. 3. ) ## 255. This part does not affect the rights of any person who, before rights under this part have been adjudicated, purchases from the killer for value and without notice property which the killer would have acquired except for this part, but the killer is liable for the amount of the proceeds or the value of the property. (Enacted by Stats. 1990, Ch. 79.)
2550.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may do certain estate transactions only with court authorization, unless another statute says 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 2550. Except as otherwise provided by statute, a guardian or conservator may borrow money, lend money, give security, lease, convey, or exchange property of the estate, or engage in any other transaction under this article only after authorization by order of the court. Such an order may be obtained in the manner provided in this article. (Amended by Stats. 1992, Ch. 572, Sec. 5. Effective January 1, 1993.)
2551.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may borrow money only after court authorization and must use the money for the purpose stated in the order.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 2551. (a) In any case described in Section 2541 or Section 2552, the guardian or conservator, after authorization by order of the court, may borrow money upon a note, either unsecured or to be secured by a security interest or other lien on the personal property of the estate or any part thereof or to be secured by a mortgage or deed of trust on the real property of the estate or any part thereof. The guardian or conservator shall apply the money to the purpose specified in the order. (b) To obtain an order under this section, the guardian or conservator, the ward or conservatee, or any other interested person may file a petition with the court. The petition shall state the purpose for which the order is sought, the necessity for or advantage to accrue from the order, the amount of money proposed to be borrowed, the rate of interest to be paid, the length of time the note is to run, and a general description of the property proposed to be mortgaged or subjected to a deed of trust or other lien. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (c) The court may require such additional proof of the fairness and feasibility of the transaction as the court determines is necessary. If the required showing is made, the court may make an order authorizing the transaction. The court in its order may do any one or more of the following: (1) Order that the amount specified in the petition, or a lesser amount, be borrowed. (2) Prescribe the maximum rate of interest and the period of the loan. (3) Require that the interest and the whole or any part of the principal be paid from time to time out of the estate or any part thereof. (4) Require that the personal property used as security or any buildings on real property to be mortgaged or subjected to the deed of trust be insured for the further security of the lender and that the premiums be paid out of the estate. (5) Specify the purpose for which the money to be borrowed is to be applied. (6) Prescribe such other terms and conditions concerning the transaction as the court determines to be to the advantage of the estate. (d) The note and the mortgage or deed of trust, if any, shall be signed by the guardian or conservator. (e) Jurisdiction of the court to administer the estate of the ward or conservatee is effectual to vest the court with jurisdiction to make the order for the note and for the security interest, lien, mortgage, or deed of trust. This jurisdiction shall conclusively inure to the benefit of the owner of the security interest or lien, mortgagee named in the mortgage, or the trustee and beneficiary named in the deed of trust, and their heirs and assigns. No omission, error, or irregularity in the proceedings shall impair or invalidate the proceedings or the note, security interest, lien, mortgage, or deed of trust given pursuant to an order under this section. (f) Upon any foreclosure or sale under a security interest, lien, mortgage, or deed of trust described in subdivision (a), if the proceeds of the sale of the encumbered property are insufficient to pay the note, the security interest, lien, mortgage, or deed of trust, and the costs or expenses of sale, no judgment or claim for any deficiency may be had or allowed against the ward or conservatee or the estate. (Enacted by Stats. 1990, Ch. 79.)
2552.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A guardian or conservator may place liens or mortgages on estate property only with court authorization, and may also join in joint borrowing for partly owned property when the estate benefits.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 2552. (a) The guardian or conservator may give a security interest or other lien upon the personal property of the estate or any part thereof or a mortgage or deed of trust upon the real property of the estate or any part thereof, after authorization by order of the court as provided in Section 2551, for any of the following purposes: (1) To pay, reduce, extend, or renew a security interest, lien, mortgage, or deed of trust already existing on property of the estate. (2) To improve, use, operate, or preserve the property proposed to be mortgaged or subjected to a deed of trust, or some part thereof. (b) If property of the estate consists of an undivided interest in real or personal property, or any other interest therein less than the entire ownership, upon a showing that it would be to the advantage of the estate to borrow money to improve, use, operate, or preserve the property jointly with the owners of the other interests therein, or to pay, reduce, extend, or renew a security interest, lien, mortgage, or deed of trust already existing on all of the property, the guardian or conservator, after authorization by order of the court as provided in Section 2551, may join with the owners of the other interests in the borrowing of money and the execution of a joint and several note and such security interest, lien, mortgage, or deed of trust as may be required to secure the payment of the note. The note may be for such sum as is required for the purpose. (c) No omission, error, or irregularity in the proceedings under this section shall impair or invalidate the proceedings or the note, security interest, lien, mortgage, or deed of trust given pursuant to an order made under this section. (Enacted by Stats. 1990, Ch. 79.)
2552.5.
## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

For this article, a lease term is treated as if a lessee’s extension right had already been exercised.

## 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 6. Powers and Duties of Guardian or Conservator of the Estate [2400 - 2595] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Notes, Mortgages, Leases, Conveyances, and Exchanges [2550 - 2557] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 2552.5. For the purpose of this article, if a lease gives the lessee the right to extend the term of the lease, the length of the term shall be considered as though the right to extend had been exercised. (Enacted by Stats. 1990, Ch. 79.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.