California Code — code.probate.code.prob
Browse 2,710 sections in division code.probate.code.prob of the California code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 2401.6. Any surcharge that a guardian or conservator incurs under the provisions of Secti
- § 2401.7. The provisions of Sections 2401.3 and 2401.5 for liability of a guardian or conse
- § 2403. Upon petition of the guardian or conservator, the ward or conservatee, a creditor
- § 2407. This chapter applies to property owned by spouses as community property only to t
- § 2408. Nothing in this chapter limits or restricts any authority granted to a guardian o
- § 2420. Subject to Section 2422, the guardian or conservator shall apply the income from
- § 2423. Upon petition of the conservator, the conservatee, the spouse or domestic partner
- § 2430. Subject to subdivisions (b) and (c), the guardian or conservator shall pay the fo
- § 2431. Subject to subdivision (d), the guardian or conservator may petition the court un
- § 2451. The guardian or conservator may collect debts and benefits due to the ward or con
- § 2453. The guardian or conservator may deposit money belonging to the estate in an insur
- § 2457. The guardian or conservator may maintain in good condition and repair the home or
- § 2547. The guardian or conservator shall apply the proceeds of the sale to the purposes
- § 2551. In any case described in Section 2541 or Section 2552, the guardian or conservato
- § 2552.5. For the purpose of this article, if a lease gives the lessee the right to extend
- § 2553. Except as provided in Section 2555, leases may be executed by the guardian or con
- § 2554. An order authorizing the execution of a lease shall set forth the minimum rental
- § 2557. Whenever it is for the advantage, benefit, and best interests of the ward or cons
- § 2572. An order authorizing the guardian or conservator to purchase real property may au
- § 2574. Subject to subdivision (b), the guardian or conservator, without authorization of
- § 2580. The conservator or other interested person may file a petition under this article
- § 2583. In determining whether to authorize or require a proposed action under this artic
- § 2584. After hearing, the court, in its discretion, may approve, modify and approve, or
- § 2586. As used in this section,
- § 2591. The powers referred to in Section 2590 are: (a) The power to operate, for a perio
- § 2325. The surety on the bond of a nonprofit charitable corporation described in Section
- § 2328. In any proceeding to determine the amount of the bond of the guardian or conserva
- § 2334. Where a petition is filed requesting an order that a guardian or conservator be r
- § 2341. This article shall become operative on July 1, 2008.
- § 2351. Subject to subdivision (b), the guardian or conservator, but not a limited conser
- § 2351.2.
- § 2351.5. Subject to subdivision (b): (1) The limited conservator has the care, custody, an
- § 2352. The guardian may establish the residence of the ward at any place within this sta
- § 2352.5. It shall be presumed that the personal residence of the conservatee at the time o
- § 2356.5. The Legislature hereby finds and declares all of the following: (1) That a person
- § 2357. As used in this section: (1)
- § 2358. When a guardian or conservator is appointed, the court may, with the consent of t
- § 2359. Upon petition of the guardian or conservator or ward or conservatee or other inte
- § 2401. The guardian or conservator, or limited conservator to the extent specifically an
- § 2468. The conservator of the estate of a disabled attorney who was engaged in the pract
- § 2469. Commencing January 1, 2024, when a professional fiduciary becomes incapacitated a
- § 2505. Subject to subdivision (c), where the claim or matter is the subject of a pending
- § 2506. Where approval of the court in which the guardianship or conservatorship proceedi
- § 2543. If estate property is required or permitted to be sold, the guardian or conservat
- § 2544.5. Except as specifically limited by the court, subject to Section 2541, the guardia
- § 2459. The guardian or conservator may obtain, continue, renew, modify, terminate, or ot
- § 2460. The guardian or conservator may insure: (a) Property of the estate against loss o
- § 2465. The guardian or conservator may dispose of or abandon valueless property.
- § 2466. The guardian or conservator may advance the guardian
- § 5652. A revocable transfer on death deed transfers all of the transferor
- § 5654. For the purpose of determination of eligibility for health care under Chapter 7 (
- § 5664. If, at the time of the transferor
- § 5668. A revocable transfer on death deed of community property with right of survivorsh
- § 5677. If proceedings for the administration of the transferor
- § 5678. If proceedings for the administration of the transferor
- § 5681. After the death of the transferor, the beneficiary of a revocable transfer on dea
- § 13209. If transferred property is returned to the estate under Sections 13205.5 or 13206
- § 13502.5. Upon a petition by the personal representative of a decedent and a showing of goo
- § 13505. This part applies whether the deceased spouse died before, on, or after July 1, 1
- § 13550. Except as provided in Sections 11446, 13552, 13553, and 13554, upon the death of
- § 13553. The surviving spouse is not liable under this chapter if all the property describ
- § 13560. For the purposes of this chapter,
- § 13562. Subject to subdivisions (b), (c), and (d), if proceedings for the administration
- § 13564. The remedies available under Sections 13561 to 13563, inclusive, are in addition
- § 6132. Notwithstanding any other provision, a will may refer to a writing that directs d
- § 6201.
- § 6204.
- § 6207. Masculine pronouns include the feminine, and plural and singular words include ea
- § 6210.
- § 6220. Any individual of sound mind and over the age of 18 may execute a California stat
- § 6225. Only the texts of property disposition clauses and the mandatory clauses shall be
- § 6240. The following is the California Statutory Will form: QUESTIONS AND ANSWERS ABOUT
- § 6241. The mandatory clauses of the California statutory will form are as follows: (a) I
- § 6124. If the testator
- § 10510. The personal representative may exercise the powers described in this article onl
- § 10513. The personal representative has the power to abandon tangible personal property w
- § 10517. The personal representative has the power to convey or transfer real or personal
- § 10519. The personal representative has the power to make a disclaimer.
- § 10533. The personal representative has the power to do all of the following: (1) Deposit
- § 10550. The personal representative may exercise the powers described in this article wit
- § 10551. In addition to the powers granted to the personal representative by other section
- § 10553. The personal representative has the power to do all of the following: (a) Commenc
- § 10555. The personal representative has the power to convey or transfer property in order
- § 10558. The personal representative has the power to exercise an option right that is pro
- § 3613. Notwithstanding any other provision of this chapter, a court may not make an orde
- § 3706. A determination by the court that the value of all of the absentee
- § 3720. If an absentee executed a power of attorney that expires during the period that o
- § 3802. The nonresident fiduciary shall produce and file one of the following certificate
- § 3900. This part may be cited as the
- § 3901. In this part: (a)
- § 3904. A person may make a transfer by irrevocable gift to, or the irrevocable exercise
- § 4732. A primary physician who makes or is informed of a determination that a patient la
- § 4735. A health care provider or health care institution may decline to comply with an i
- § 4741. A person acting as agent or surrogate under this part is not subject to civil or
- § 4751. The remedies provided in this part are cumulative and not exclusive of any other
- § 4752. Except as provided in Section 4753, this part is not subject to limitation in an
- § 4754. There is no right to a jury trial in proceedings under this division.
- § 4761. The court may exercise jurisdiction in proceedings under this division on any bas
- § 6322. The designation is ineffective unless the designator
- § 6325. The court in which the proceedings are pending for administration of the estate o
- § 6326. As to matters not specifically provided in Section 6325, the provisions of Divisi
- § 6329. Enactment of this chapter does not invalidate trusts, otherwise valid, not made p
- § 6345. The will may provide for successor or substitute custodians and may specify the s
- § 6384. The authorized person shall attach to the will a certificate to be signed by the
- § 6385. In the absence of evidence to the contrary, the certificate of the authorized per
- § 6386. The international will is subject to the ordinary rules of revocation of wills.
- § 6390. After December 31, 1984, a reference in a written instrument, including a will, t
- § 6243. Except as specifically provided in this chapter, the general law of California ap
- § 6301. This chapter does not invalidate any devise made by a will executed prior to Sept
- § 6303. This chapter may be cited as the Uniform Testamentary Additions to Trusts Act.
- § 9002. Except as otherwise provided by statute: (a) All claims shall be filed in the man
- § 9051. The notice shall be given within the later of: (a) Four months after the date let
- § 9052. The notice shall be in substantially the following form: NOTICE OF ADMINISTRATION
- § 9053. If the personal representative believes that notice to a particular creditor is o
- § 9101. A vacancy in the office of the personal representative that occurs before expirat
- § 9103. Upon petition by a creditor or the personal representative, the court may allow a
- § 9153. A claim form adopted by the Judicial Council shall inform the creditor that the c
- § 9201. Notwithstanding any other statute, if a claim of a public entity arises under a l
- § 9202. Not later than 90 days after the date letters are first issued to a general perso
- § 9204. Nothing in this chapter shall be construed to affect the order of priority of cla
- § 9205. This chapter does not apply to liability for the restitution of amounts illegally
- § 10561. The personal representative has the power to exercise security subscription or co
- § 10562. The personal representative has the power to make repairs and improvements to rea
- § 10582. Notice of proposed action need not be given to any person who consents in writing
- § 10586. The notice of proposed action shall be delivered pursuant to Section 1215 to each
- § 10590. Except as provided in subdivision (c), only a person described in Section 10581 h
- § 10801. Subject to the provisions of this part, in addition to the compensation provided
- § 10813. An agreement between the personal representative and the attorney for higher comp
- § 3911. The validity of a transfer made in a manner prescribed in this part is not affect
- § 3912. A custodian shall do all of the following: (1) Take control of custodial property
- § 3914. A custodian may deliver or pay to the minor or expend for the minor
- § 3918. A person nominated under Section 3903 or designated under Section 3909 as custodi
- § 3920.5. Subject to the requirements and limitations of this section, the time for transfe
- § 3922. This part applies to a transfer within the scope of Section 3902 made on or after
- § 3925. This part shall not be construed as providing an exclusive method for making gift
- § 4001. Sections 4124, 4125, 4126, 4127, 4206, 4304, and 4305 may be cited as the Uniform
- § 4018.
- § 4026.
- § 4034.
- § 3908. A written acknowledgment of delivery by a custodian constitutes a sufficient rece
- § 3909. Custodial property is created and a transfer is made whenever any of the followin
- § 6400. Any part of the estate of a decedent not effectively disposed of by will passes t
- § 6402. Except as provided in Section 6402.5, the part of the intestate estate not passin
- § 6402.5. For purposes of distributing real property under this section if the decedent had
- § 6404. Part 4 (commencing with Section 6800) (escheat) applies if there is no taker of t
- § 6406. Except as provided in Section 6451, relatives of the halfblood inherit the same s
- § 6411. No person is disqualified to take as an heir because that person or a person thro
- § 6454. For the purpose of determining intestate succession by a person or the person
- § 6501. A petition for an order under Section 6500 may be filed by any interested person.
- § 6511. A petition for an order under Section 6510 may be filed by any interested person.
- § 10814. If there are two or more attorneys for the personal representative, the attorney
- § 10831. At the time of the filing of the final account and petition for an order for fina
- § 10901. On court order, or on request by an interested person filed with the clerk and a
- § 10951. The personal representative shall file a final account and petition for an order
- § 10953. As used in this section: (1)
- § 10954. Notwithstanding any other provision of this part, the personal representative is
- § 11002. The court may conduct any hearing that may be necessary to settle the account, an
- § 11050. Subject to the provisions of this chapter, if the personal representative does no
- § 11400. Unless the provision or context otherwise requires, the definitions in this artic
- § 4051. Except where this division provides a specific rule, the general law of agency, i
- § 4100. This part applies to all powers of attorney under this division, subject to any s
- § 4120. A natural person having the capacity to contract may execute a power of attorney.
- § 4124. A durable power of attorney is a power of attorney by which a principal designate
- § 4127. Unless a power of attorney states a time of termination, the authority of the att
- § 4128. Subject to subdivision (b), a printed form of a durable power of attorney that is
- § 4154. If after executing a power of attorney the principal
- § 4767. A proceeding under this part is commenced by filing a petition stating facts show
- § 4768. The court may dismiss a petition if it appears that the proceeding is not reasona
- § 4780. As used in this part: (1)
- § 4781.4. If the orders in an individual
- § 4781.5. The legally recognized health care decisionmaker shall make health care decisions
- § 4784. In the absence of knowledge to the contrary, a health care provider may presume t
- § 4786. This part does not repeal or narrow laws relating to health care decisionmaking.
- § 4800. The Secretary of State shall establish a registry system through which a person w
- § 4803. Failure to register with the Secretary of State does not affect the validity of a
- § 6528. Nothing in this chapter terminates or otherwise affects a declaration of homestea
- § 6542. A family allowance commences on the date of the court
- § 6544. The costs of proceedings under this chapter shall be paid by the estate as expens
- § 6601. As used in this chapter,
- § 6607. Where proceedings for the administration of the estate of the decedent are not pe
- § 6609. If the court determines that the net value of the decedent
- § 6610. Upon becoming final, an order under Section 6609 shall be conclusive on all perso
- § 6611. Subject to the limitations and conditions specified in this section, the person o
- § 6614. Sections 6600 to 6613, inclusive, do not apply if the decedent died before July 1
- § 6801. Real property in this state escheats to this state in accordance with Section 680
- § 6804. All intangible property owned by the decedent escheats to this state in accordanc
- § 9253. A claim barred by the statute of limitations may not be allowed by the personal r
- § 9256. If within 30 days after a claim is filed the personal representative or the court
- § 9304. An attachment lien may be converted into a judgment lien on property in the estat
- § 9350. This article applies to any claim other than a claim on an action or proceeding p
- § 9391. Except as provided in Section 10361, the holder of a mortgage or other lien on pr
- § 9392. Subject to subdivision (b), a person to whom property is distributed is personall
- § 9603. The provisions of Sections 9601 and 9602 for liability of a personal representati
- § 9605. Appointment of a person as personal representative does not discharge any claim t
- § 9613. On petition of any interested person, and upon a showing that if the petition is
- § 11424. The personal representative shall pay a debt to the extent of the order for payme
- § 11440. If it appears that a debt of the decedent has been paid or is payable in whole or
- § 11443. The petitioner shall give notice of the hearing as provided in Section 1220, toge
- § 11444. The personal representative and the surviving spouse may provide for allocation b
- § 11462. Notwithstanding any other provision of this chapter, if the court determines that
- § 11464. The court may order property in the estate distributed to a person entitled to it
- § 11467. The court may order that the administration of the estate continue until the cont
- § 11602. The personal representative or any interested person may oppose the petition.
- § 11604.5. This section applies when distribution from a decedent
- § 11605. When a court order made under this chapter becomes final, the order binds and is
- § 4200. Only a person having the capacity to contract is qualified to act as an attorney-
- § 4201. Designating an unqualified person as an attorney-in-fact does not affect the immu
- § 4204. An attorney-in-fact is entitled to reasonable compensation for services rendered
- § 4231. Except as provided in subdivision (b), in dealing with property of the principal,
- § 4237. An attorney-in-fact with special skills has a duty to apply the full extent of th
- § 4260. Except as specified in subdivision (b), this article applies to all powers of att
- § 4261. If a power of attorney grants general authority to an attorney-in-fact and is not
- § 4805. Nothing in this part shall be construed to affect the duty of a health care provi
- § 5003. A holder of property under an instrument of a type described in Section 5000 may
- § 5010. As used in this chapter,
- § 5013. Nothing in this chapter limits the effect of a surviving spouse
- § 5015. Nothing in this chapter limits the application of principles of fraud, undue infl
- § 5023. As used in this section
- § 5032. On revocation of a spouse
- § 5040. Except as provided in subdivision (b), a nonprobate transfer to the transferor
- § 5046. Nothing in this chapter is intended to limit the court
- § 7000. Subject to Section 7001, title to a decedent
- § 7050. The superior court has jurisdiction of proceedings under this code concerning the
- § 7071. Transfer of a proceeding under this article shall be to another county in which p
- § 7261. If a transaction affecting real property in the estate is executed by the persona
- § 7600. If a public officer or employee knows of property of a decedent that is subject t
- § 7603. A public administrator who is authorized to take possession or control of propert
- § 7604. If the public administrator takes possession or control of property of a decedent
- § 9640. Nothing in this part limits or restricts any authority granted to a personal repr
- § 9651. A personal representative who in good faith takes into possession real or persona
- § 9652. Except as provided in subdivisions (b) and (c), the personal representative shall
- § 9653. On application of a creditor of the decedent or the estate, the personal represen
- § 9656. The personal representative may insure the property of the estate against damage
- § 9701. The personal representative may deposit personal property of the estate with a tr
- § 9732. The court may order that money of the estate in possession of the personal repres
- § 9733. Pending distribution of the estate or at the time the court makes an order for fi
- § 9760. As used in this section,
- § 4265. A power of attorney may not authorize an attorney-in-fact to make, publish, decla
- § 4301. A third person may rely on, contract with, and deal with an attorney-in-fact with
- § 4308. A third person who conducts activities through employees is not charged under thi
- § 4400. This part may be cited as the Uniform Statutory Form Power of Attorney Act.
- § 4403. If the line in front of (N) of the statutory form under Section 4401 is initialed
- § 4407. The provisions of this division apply to a statutory form power of attorney excep
- § 5100. This part may be cited as the California Multiple-Party Accounts Law.
- § 5120. Unless the provision or context otherwise requires, the definitions in this artic
- § 5126.
- § 5138.
- § 5142.
- § 5150.
- § 5202. Nothing in this part affects the law relating to transfers in fraud of creditors.
- § 5203. Words in substantially the following form in a signature card, passbook, contract
- § 5204. In addition to a power of attorney otherwise authorized by law, a special power o
- § 5302. Subject to Section 5040: (a) Sums remaining on deposit at the death of a party to
- § 5306. For the purposes of this chapter, if an account is expressly described in the dep
- § 7640. The public administrator shall, upon receipt, deposit all money of the estate in
- § 7644. If a deposit in a financial institution is made under this article, money remaini
- § 7660. If a public administrator takes possession or control of an estate pursuant to th
- § 7661. A public administrator acting under authority of this article may: (a) Withdraw m
- § 7665. The public administrator shall file with the clerk a statement showing the proper
- § 8007. Except as provided in subdivision (b), an order admitting a will to probate or ap
- § 8100. The notice of hearing of a petition for administration of a decedent
- § 8112. A general personal representative shall give notice of administration of the esta
- § 8120. In addition to service of the notice of hearing as provided in Article 2 (commenc
- § 9762. After authorization by order of court upon a showing that it would be to the adva
- § 9764. The personal representative of the estate of a deceased attorney who was engaged
- § 9765. Commencing January 1, 2024, when a professional fiduciary is deceased and a vacan
- § 9780. Unless the property is specifically devised, subject to the requirements of this
- § 9785. Notice of the proposed disposition or abandonment need not be given to any of the
- § 9802. The personal representative or any interested person may file a petition for an o
- § 9804. Subject to subdivision (c), if the court is satisfied that it will be to the adva
- § 9806. Every mortgage, deed of trust, or security interest made pursuant to a court orde
- § 9822. The personal representative may bring an action on the bond of any former persona
- § 9831. Unless the time for filing creditor claims has expired, authorization by order of
- § 9836. The court authorization required by this chapter shall be obtained from the court
- § 11624. The costs of a proceeding under this article shall be paid by the distributee or
- § 11641. When an order settling a final account and for final distribution is entered, the
- § 11703. The Attorney General shall be deemed to be a person entitled to distribution of t
- § 11752. If personal property in the possession of a distributee is subject to possession
- § 11852. The county treasurer shall give a receipt for a deposit made under this chapter a
- § 11853. If money is deposited or is already on deposit with the county treasurer, the per
- § 11904. No deposit of property in an estate shall be made in the county treasury by a per
- § 4450. By executing a statutory form power of attorney with respect to a subject listed
- § 4451. In a statutory form power of attorney, the language granting power with respect t
- § 4453. In a statutory form power of attorney, the language granting power with respect t
- § 4455. In a statutory form power of attorney, the language granting power with respect t
- § 4456. In a statutory form power of attorney, the language granting power with respect t
- § 4457. In a statutory form power of attorney, the language granting power with respect t
- § 4459. In a statutory form power of attorney, the language with respect to claims and li
- § 4460. In a statutory form power of attorney, the language granting power with respect t
- § 4464. The powers described in this chapter are exercisable equally with respect to an i
- § 4500. A power of attorney is exercisable free of judicial intervention, subject to this
- § 4501. The remedies provided in this part are cumulative and not exclusive of any other
- § 4504. There is no right to a jury trial in proceedings under this division.
- § 5401. Financial institutions may enter into multiple-party accounts to the same extent
- § 5406. The provisions of this chapter that apply to the payment of a Totten trust accoun
- § 5501. For purposes of this part: (a)
- § 5502. Only individuals whose registration of a security shows sole ownership by one ind
- § 5505. Registration in beneficiary form may be shown by the words
- § 5510. A registering entity offering to accept registrations in beneficiary form may est
- § 5511. Nothing in this part alters the community character of community property or comm