California

Probate Code

2,711 sections, each with the official text and a plain-English explanation of what it means for you.

• § 13109 — (a) A transferee is personally liable, to the extent provided in this section for the unsecured debts of the decedent.
• § 13109.5 — (a) If proceedings for the administration of the decedent’s estate are commenced, a transferee is personally liable to the estate for a share of the decedent’s unsecured debts.
• § 1311 — If an order appointing a fiduciary is reversed on appeal for error, all acts of the fiduciary performed after issuance of letters and prior to the reversal are as valid as though the order were affirm
• § 13110 — (a) Except as provided in subdivision (b), a transferee is personally liable to any person having a superior right to the transferred property by testate or intestate succession from the decedent.
• § 13110.5 — (a) If proceedings for the administration of a decedent’s estate are commenced, a transferee may voluntarily return transferred property to the decedent’s estate for administration.
• § 13111 — (a) If property is paid, delivered, or transferred to a transferee under this chapter, and the decedent’s personal representative determines that another person has a superior right to the property by
• § 13113 — The remedies available under Sections 13109 to 13111, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing.
• § 13113.5 — (a) If the transferee’s action or inaction increased the value of property returned to the estate or decreased the estate’s obligations, the personal representative shall reimburse the transferee by t
• § 13114 — (a) A public administrator who has taken possession or control of property of a decedent under Article 1 (commencing with Section 7600) of Chapter 4 of Part 1 of Division 7 may refuse to pay money or
• § 13114.5 — If transferred property is returned to the estate under Sections 13110.
• § 13115 — The procedure provided in this chapter may not be used to obtain possession or the transfer of real property.
• § 13116 — The procedure provided in this chapter is in addition to and supplemental to any other procedure for (1) collecting money due to a decedent, (2) receiving tangible personal property of a decedent, or
• § 13117 — If the court finds that a person to whom payment, delivery, or transfer of the decedent’s property has been made under this chapter has acted reasonably and in good faith under the circumstances as kn
• § 1312 — Notwithstanding the repeal of former Section 1297 by Chapter 1199 of the Statutes of 1988, an appeal may be taken from an order or the refusal to make an order fixing an inheritance tax or determining
• § 13150 — The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (a) No proceeding is being or has been conducted in this state for administration of the dece
• § 13151 — (a) If a decedent dies leaving real property that was their primary residence in this state and the gross value of that real property does not exceed seven hundred fifty thousand dollars ($750,000), a
• § 13152 — (a) The petition shall be verified by each petitioner, shall contain a request that the court make an order under this chapter determining that the property described in the petition is property passi
• § 13153 — Notice of the hearing shall be given as provided in Section 1220 to each of the persons named in the petition pursuant to Section 13152.
• § 13154 — (a) If the court makes the determinations required under subdivision (b), the court shall issue an order determining that the real property that was the decedent’s primary residence, to be described i
• § 13155 — Upon becoming final, an order under this chapter determining that property is property passing to the petitioner is conclusive on all persons, whether or not they are in being.
• § 13156 — (a) Subject to subdivisions (b), (c), and (d), the petitioner who receives the decedent’s property pursuant to an order under this chapter is personally liable for the unsecured debts of the decedent.
• § 13157 — The attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter shall be determined by private agreement between the attorney and
• § 13200 — (a) No sooner than six months from the death of a decedent, a person or persons claiming as successor of the decedent to a particular item of property that is real property may file in the superior co
• § 13201 — Notwithstanding any other provision of law, the total fee for the filing of an affidavit under Section 13200 and the issuance of one certified copy of the affidavit under Section 13202 is as provided
• § 13202 — Upon receipt of the affidavit and the required fee, the court clerk, upon determining that the affidavit is complete and has the required attachments, shall file the affidavit and attachments and shal
• § 13202.5 — For the purposes of this chapter, the following terms have the following meanings: (a) “Transferee” means a person designated as a successor of the decedent in a certified copy of an affidavit issued
• § 13203 — (a) A person acting in good faith and for a valuable consideration with a person designated as a successor of the decedent to a particular item of property in a certified copy of an affidavit issued u
• § 13204 — (a) A transferee is personally liable to the extent provided in this section for the unsecured debts of the decedent.
• § 13204.5 — (a) If proceedings for the administration of the decedent’s estate are commenced, a transferee is personally liable to the estate for a share of the decedent’s unsecured debts.
• § 13205 — (a) A transferee is personally liable to any person having a superior right to transferred property by testate or intestate succession from the decedent.
• § 13205.5 — (a) If proceedings for the administration of the decedent’s estate are commenced, a transferee may voluntarily return transferred property to the decedent’s estate for administration.
• § 13206 — (a) If property is transferred to a transferee under this chapter, and the decedent’s personal representative later determines that another person has a superior right to the property by testate or in
• § 13208 — The remedies available under Sections 13204 to 13206, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing.
• § 13208.5 — (a) If the transferee’s action or inaction increased the value of property returned to the estate or decreased the estate’s obligations, the personal representative shall reimburse the transferee by t
• § 13209 — If transferred property is returned to the estate under Sections 13205.
• § 13210 — The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (a) No proceeding for the administration of the decedent’s estate is pending or has been cond
• § 13211 — If the court finds that a person designated as a successor of the decedent in a certified copy of an affidavit issued under Section 13202 has acted reasonably and in good faith under the circumstances
• § 13500 — Except as provided in this chapter, when a spouse dies intestate leaving property that passes to the surviving spouse under Section 6401, or dies testate and by his or her will devises all or a part o
• § 13501 — Except as provided in Chapter 6 (commencing with Section 6600) of Division 6 and in Part 1 (commencing with Section 13000) of this division, the following property of the decedent is subject to admini
• § 13502 — (a) Upon the election of the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse, all or a portion of the following property m
• § 13502.5 — (a) Upon a petition by the personal representative of a decedent and a showing of good cause, the court may order that a pecuniary devise to the surviving spouse, or a fractional interest passing to t
• § 13503 — (a) The surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file an election and agreement to have all or part of the one-
• § 13504 — Notwithstanding the provisions of this part, community property held in a revocable trust described in Section 761 of the Family Code is governed by the provisions, if any, in the trust for dispositio
• § 13505 — This part applies whether the deceased spouse died before, on, or after July 1, 1987.
• § 13506 — A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 202 to 206, inclusive, of the Probate Code (as repealed by Chapter 527
• § 13540 — (a) Except as provided in Section 13541, after 40 days from the death of a spouse, the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surv
• § 13541 — (a) Section 13540 does not apply to a sale, conveyance, lease, mortgage, or other disposition that takes place after a notice that satisfies the requirements of this section is recorded in the office
• § 13542 — The repeal of former Section 649.
• § 13545 — (a) After the death of a spouse, the surviving spouse, or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse has full power to sell, assign, pled
• § 13550 — Except as provided in Sections 11446, 13552, 13553, and 13554, upon the death of a married person, the surviving spouse is personally liable for the debts of the deceased spouse chargeable against the
• § 13551 — The liability imposed by Section 13550 shall not exceed the fair market value at the date of the decedent’s death, less the amount of any liens and encumbrances, of the total of the following: (a) The
• § 13552 — If proceedings are commenced in this state for the administration of the estate of the deceased spouse and the time for filing claims has commenced, any action upon the liability of the surviving spou
• § 13553 — The surviving spouse is not liable under this chapter if all the property described in paragraphs (1) and (2) of subdivision (a) of Section 13502 is administered under this code.
• § 13554 — (a) Except as otherwise provided in this chapter, any debt described in Section 13550 may be enforced against the surviving spouse in the same manner as it could have been enforced against the decease
• § 13560 — For the purposes of this chapter, “decedent’s property” means the one-half of the community property that belongs to the decedent under Section 100 and the one-half of the quasi-community property tha
• § 13561 — (a) If the decedent’s property is in the possession or control of the surviving spouse at the time of the decedent’s death, the surviving spouse is personally liable to the extent provided in Section
• § 13562 — (a) Subject to subdivisions (b), (c), and (d), if proceedings for the administration of the decedent’s estate are commenced, the surviving spouse is liable for: (1) The restitution to the decedent’s e
• § 13563 — (a) The surviving spouse is not liable under Section 13561 if proceedings for the administration of the decedent’s estate are commenced and the surviving spouse satisfies the requirements of Section 1
• § 13564 — The remedies available under Sections 13561 to 13563, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing.
• § 13565 — If the court finds that the surviving spouse has acted reasonably and in good faith under the circumstances as known to the surviving spouse, the court may, in its discretion, excuse the surviving spo
• § 13600 — (a) At any time after a spouse dies, the surviving spouse or the guardian or conservator of the estate of the surviving spouse may, without procuring letters of administration or awaiting probate of t
• § 13601 — (a) To collect salary or other compensation under this chapter, an affidavit or a declaration under penalty of perjury under the laws of this state shall be furnished to the employer of the deceased s
• § 13602 — If the requirements of Section 13600 are satisfied, the employer to whom the affidavit or declaration is presented shall promptly pay the earnings of the decedent, including compensation for unused va
• § 13603 — If the requirements of Section 13601 are satisfied, receipt by the employer of the affidavit or declaration constitutes sufficient acquittance for the compensation paid pursuant to this chapter and di
• § 13604 — (a) If the employer refuses to pay as required by this chapter, the surviving spouse may recover the amount the surviving spouse is entitled to receive under this chapter in an action brought for that
• § 13605 — (a) Nothing in this chapter limits the rights of the heirs or devisees of the deceased spouse.
• § 13606 — The procedure provided in this chapter is in addition to, and not in lieu of, any other method of collecting compensation owed to a decedent.
• § 13650 — (a) A surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file a petition in the superior court of the county in which the
• § 13651 — (a) A petition filed pursuant to Section 13650 shall allege that administration of all or a part of the estate of the deceased spouse is not necessary for the reason that all or a part of the estate i
• § 13652 — If proceedings for the administration of the estate of the deceased spouse are pending, a petition under this chapter shall be filed in those proceedings without the payment of an additional fee.
• § 13653 — If proceedings for the administration of the estate of the deceased spouse are not pending, a petition under this chapter may, but need not, be filed with a petition for probate of the will of the dec
• § 13654 — The filing of a petition under this chapter does not preclude the court from admitting the will of the deceased spouse to probate or appointing a personal representative of the estate of the deceased
• § 13655 — (a) If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter, or if the proceedings are not pending and if the petition
• § 13656 — (a) If the court finds that all of the estate of the deceased spouse is property passing to the surviving spouse, the court shall issue an order describing the property, determining that the property
• § 13657 — Upon becoming final, an order under Section 13656 (1) determining that property is property passing to the surviving spouse or (2) confirming the ownership of the surviving spouse of property belongin
• § 13658 — If the court determines that all or a part of the property passing to the surviving spouse consists of an unincorporated business or an interest in an unincorporated business which the deceased spouse
• § 13659 — Except as provided in Section 13658, no inventory and appraisal of the estate of the deceased spouse is required in a proceeding under this chapter.
• § 13660 — The attorney’s fees for services performed in connection with the filing of a petition and obtaining of a court order under this chapter shall be determined by private agreement between the attorney a
• § 140 — As used in this chapter, “waiver” means a waiver by the surviving spouse of any of the rights listed in subdivision (a) of Section 141, whether signed before or during marriage.
• § 1400 — The portion of this division consisting of Part 1 (commencing with Section 1400), Part 2 (commencing with Section 1500), Part 3 (commencing with Section 1800), and Part 4 (commencing with Section 2100
• § 1401 — Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
• § 1403 — “Absentee” means either of the following: (a) A member of a uniformed service covered by United States Code, Title 37, Chapter 10, who is determined thereunder by the secretary concerned, or by the au
• § 141 — (a) The right of a surviving spouse to any of the following may be waived in whole or in part by a waiver under this chapter: (1) Property that would pass from the decedent by intestate succession.
• § 1418 — “Court,” when used in connection with matters in the guardianship or conservatorship proceeding, means the court in which such proceeding is pending.
• § 1419 — “Court investigator” means the person referred to in Section 1454.
• § 1419.5 — “Custodial parent” means the parent who either (a) has been awarded sole legal and physical custody of the child in another proceeding, or (b) with whom the child resides if there is currently no oper
• § 142 — (a) A waiver under this chapter shall be in writing and shall be signed by the surviving spouse.
• § 1420 — “Developmental disability” means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial handi
• § 1424 — “Interested person” includes, but is not limited to: (a) Any interested state, local, or federal entity or agency.
• § 143 — (a) Subject to Section 142, a waiver is enforceable under this section unless the surviving spouse proves either of the following: (1) A fair and reasonable disclosure of the property or financial obl
• § 1430 — “Petition” includes an application or request in the nature of a petition.
• § 1431 — “Proceedings to establish a limited conservatorship” include proceedings to modify or revoke the powers or duties of a limited conservator.
• § 144 — (a) Except as provided in subdivision (b), subject to Section 142, a waiver is enforceable under this section if the court determines either of the following: (1) The waiver at the time of signing mad
• § 1440 — “Secretary concerned” has the same meaning as provided in United States Code, Title 37, Section 101.
• § 1446 — “Single-premium deferred annuity” means an annuity offered by an admitted life insurer for the payment of a one-time lump-sum premium and for which the insurer neither assesses any initial charges or
• § 1449 — (a) As used in this division, unless the context otherwise requires, the terms “Indian,” “Indian child,” “Indian child’s tribe,” “Indian custodian,” “Indian tribe,” “reservation,” and “tribal court” s
• § 145 — Unless the waiver or property settlement provides to the contrary, a waiver under this chapter of “all rights” (or equivalent language) in the property or estate of a present or prospective spouse, or
• § 1452 — Except as otherwise specifically provided in this division, there is no right to trial by jury in proceedings under this division.
• § 1453 — A motion for a new trial may be made only in cases in which, under the provisions of this division, a right to jury trial is expressly granted, whether or not the case was tried by a jury.
• § 1454 — (a) The court shall appoint a court investigator when one is required for the purposes of a proceeding under this division.
• § 1455 — Any petition for instructions or to grant a guardian or a conservator any power or authority under this division, which may be filed by a guardian or conservator, may also be filed by a person who pet
• § 1456 — (a) In addition to any other requirements that are part of the judicial branch education program, on or before January 1, 2008, the Judicial Council shall adopt a rule of court that shall do all of th
• § 1456.2 — On or before January 1, 2010, the public conservator shall comply with the continuing education requirements that are established by the California State Association of Public Administrators, Public G
• § 1456.5 — Each court shall ensure compliance with the requirements of filing the inventory and appraisal and the accountings required by this division.
• § 1457 — In order to assist relatives and friends who may seek appointment as a nonprofessional conservator or guardian the Judicial Council shall, on or before January 1, 2008, develop a short educational pro
• § 1458 — (a) On or before January 1, 2027, the Judicial Council shall report to the Legislature the findings of a study measuring court effectiveness in conservatorship cases, including the effectiveness of pr
• § 1459 — (a) The Legislature finds and declares the following: (1) There is no resource that is more vital to the continued existence and integrity of recognized Indian tribes than their children, and the Stat
• § 1459.5 — (a) The Indian Child Welfare Act (25 U.
• § 146 — (a) As used in this section, “agreement” means a written agreement signed by each spouse or prospective spouse altering, amending, or revoking a waiver under this chapter.
• § 1460 — (a) Subject to Sections 1202 and 1203, if notice of hearing is required under this division but the applicable provision does not fix the manner of giving notice of hearing, the notice of the time and
• § 1460.1 — Notwithstanding any other provision of this division, no notice is required to be given to any child under the age of 12 years if the court determines either of the following: (a) Notice was properly
• § 1460.2 — (a) If the court or petitioner knows or has reason to know that the proposed ward or conservatee may be an Indian child, notice shall comply with subdivision (b) in any case in which the Indian Child
• § 1461 — (a) As used in this section, “director” means: (1) The Director of State Hospitals when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of State Hos
• § 1461.4 — (a) The petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the director of the regional center for the developmentally disabled at least 30 days be
• § 1461.5 — Notice of the time and place of hearing on a petition, report, or account, and a notice of the filing of an inventory, together with a copy of the petition, report, inventory, or account, shall be del
• § 1461.7 — Unless the court for good cause dispenses with such notice, notice of the time and place of the hearing on a petition, report, or account, together with a copy of the petition, report, or account, sha
• § 1467 — If service is made by mail pursuant to this division in the manner authorized in Section 415.
• § 1469 — Where a provision of this division applies the provisions of this code applicable to personal representatives to proceedings under this division, a reference to Section 1220 in the provisions applicab
• § 147 — (a) Subject to subdivisions (c) and (d), a waiver, agreement, or property settlement made after December 31, 1984, is invalid insofar as it affects the rights listed in subdivision (a) of Section 141
• § 1470 — (a) The court may appoint private legal counsel for a ward, a proposed ward, a conservatee, or a proposed conservatee in any proceeding under this division if the court determines the person is not ot
• § 1471 — (a) If a conservatee, proposed conservatee, or person alleged to lack legal capacity is not represented by legal counsel and does not plan to retain counsel, whether or not that person lacks or appear
• § 1472 — (a) If a person is furnished legal counsel under Section 1471: (1) The court shall, upon conclusion of the matter, fix a reasonable sum for compensation and expenses of counsel and shall make a determ
• § 1474 — If an Indian custodian or biological parent of an Indian child lacks the financial ability to retain counsel and requests the appointment of counsel in proceedings described in Section 1459.
• § 1488 — If before January 1, 1981, an adult has in a signed writing nominated a person to serve as guardian if a guardian is in the future appointed for such adult, such nomination shall be deemed to be a nom
• § 1489 — If, before January 1, 1981, a parent or other person has in a signed writing appointed a person to serve as the guardian of the person or estate or both of a minor, or as the guardian of the property
• § 1490 — Except as set forth in Section 1510.
• § 1500 — Subject to Section 1502, a parent may nominate a guardian of the person or estate, or both, of a minor child in either of the following cases: (a) Where the other parent nominates, or consents in writ
• § 1500.1 — (a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.
• § 15000 — This division shall be known and may be cited as the Trust Law.
• § 15001 — Except as otherwise provided by statute: (a) This division applies to all trusts regardless of whether they were created before, on, or after July 1, 1987.
• § 15002 — Except to the extent that the common law rules governing trusts are modified by statute, the common law as to trusts is the law of this state.
• § 15003 — (a) Nothing in this division affects the substantive law relating to constructive or resulting trusts.
• § 15004 — Unless otherwise provided by statute, this division applies to charitable trusts that are subject to the jurisdiction of the Attorney General to the extent that the application of the provision is not
• § 1501 — Subject to Section 1502, a parent or any other person may nominate a guardian for property that a minor receives from or by designation of the nominator (whether before, at the time of, or after the n
• § 1502 — (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the pe
• § 1510 — (a) A relative or other person on behalf of the minor, or the minor if 12 years of age or older, may file a petition for the appointment of a guardian of the minor.
• § 1510.1 — (a) (1) With the consent of the proposed ward, the court may appoint a guardian of the person for an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age,
• § 1511 — (a) Except as provided in subdivisions (f) and (g), at least 15 days before the hearing on the petition for the appointment of a guardian, notice of the time and place of the hearing shall be given as
• § 1512 — Within 10 days after the petitioner in the guardianship proceeding becomes aware of any proceeding not disclosed in the guardianship petition affecting the custody of the proposed ward (including any
• § 1513 — (a) Unless waived by the court for good cause, a court investigator, probation officer, or domestic relations investigator shall make an investigation and file with the court a report and recommendati
• § 1513.1 — (a) Each court or county shall assess (1) the parent, parents, or other person charged with the support and maintenance of the ward or proposed ward, and (2) the guardian, proposed guardian, or the es
• § 1513.2 — (a) To the extent resources are available, the court shall implement procedures, as described in this section, to ensure that every guardian annually completes and returns to the court a status report
• § 1514 — (a) Upon hearing of the petition, if it appears necessary or convenient, the court may appoint a guardian of the person or estate of the proposed ward or both.
• § 1514.5 — Notwithstanding any other provision of law, except provisions of law governing the retention and storage of data, a family law court shall, upon request from the court in any county hearing a probate
• § 1515 — Notwithstanding any other provision of this part, no guardian of the person may be appointed for a minor who is married or whose marriage has been dissolved.
• § 1516 — (a) In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before
• § 1516.5 — (a) A proceeding to have a child declared free from the custody and control of one or both parents may be brought in accordance with the procedures specified in Part 4 (commencing with Section 7800) o
• § 1517 — (a) This part does not apply to guardianships resulting from the selection and implementation of a permanent plan pursuant to Section 366.
• § 15200 — Subject to other provisions of this chapter, a trust may be created by any of the following methods: (a) A declaration by the owner of property that the owner holds the property as trustee.
• § 15201 — A trust is created only if the settlor properly manifests an intention to create a trust.
• § 15202 — A trust is created only if there is trust property.
• § 15203 — A trust may be created for any purpose that is not illegal or against public policy.
• § 15204 — A trust created for an indefinite or general purpose is not invalid for that reason if it can be determined with reasonable certainty that a particular use of the trust property comes within that purp
• § 15205 — (a) A trust, other than a charitable trust, is created only if there is a beneficiary.
• § 15206 — A trust in relation to real property is not valid unless evidenced by one of the following methods: (a) By a written instrument signed by the trustee, or by the trustee’s agent if authorized in writin
• § 15207 — (a) The existence and terms of an oral trust of personal property may be established only by clear and convincing evidence.
• § 15208 — Consideration is not required to create a trust, but a promise to create a trust in the future is enforceable only if the requirements for an enforceable contract are satisfied.
• § 15209 — If a trust provides for one or more successor beneficiaries after the death of the settlor, the trust is not invalid, merged, or terminated in either of the following circumstances: (a) Where there is
• § 15210 — A trust created pursuant to this chapter which relates to real property may be recorded in the office of the county recorder in the county where all or a portion of the real property is located.
• § 15211 — A trust for a noncharitable corporation or unincorporated society or for a lawful noncharitable purpose may be performed by the trustee for only 21 years, whether or not there is a beneficiary who can
• § 15212 — (a) Subject to the requirements of this section, a trust for the care of an animal is a trust for a lawful noncharitable purpose.
• § 15300 — Except as provided in Sections 15304 to 15307, inclusive, if the trust instrument provides that a beneficiary’s interest in income is not subject to voluntary or involuntary transfer, the beneficiary’
• § 15301 — (a) Except as provided in subdivision (b) and in Sections 15304 to 15307, inclusive, if the trust instrument provides that a beneficiary’s interest in principal is not subject to voluntary or involunt
• § 15302 — Except as provided in Sections 15304 to 15307, inclusive, if the trust instrument provides that the trustee shall pay income or principal or both for the education or support of a beneficiary, the ben
• § 15303 — (a) If the trust instrument provides that the trustee shall pay to or for the benefit of a beneficiary so much of the income or principal or both as the trustee in the trustee’s discretion sees fit to
• § 15304 — (a) If the settlor is a beneficiary of a trust created by the settlor and the settlor’s interest is subject to a provision restraining the voluntary or involuntary transfer of the settlor’s interest,
• § 15305 — (a) As used in this section, “support judgment” means a money judgment for support of the trust beneficiary’s spouse or former spouse or minor child.
• § 15305.5 — (a) As used in this section, “restitution judgment” means a judgment awarding restitution for the commission of a felony or a money judgment for damages incurred as a result of conduct for which the d
• § 15306 — (a) Notwithstanding any provision in the trust instrument, if a statute of this state makes the beneficiary liable for reimbursement of this state or a local public entity in this state for public sup
• § 15306.5 — (a) Notwithstanding a restraint on transfer of the beneficiary’s interest in the trust under Section 15300 or 15301, and subject to the limitations of this section, upon a judgment creditor’s petition
• § 15307 — Notwithstanding a restraint on transfer of a beneficiary’s interest in the trust under Section 15300 or 15301, any amount to which the beneficiary is entitled under the trust instrument or that the tr
• § 15308 — Any order entered by a court under Section 15305, 15306, 15306.
• § 15309 — A disclaimer or renunciation by a beneficiary of all or part of his or her interest under a trust shall not be considered a transfer under Section 15300 or 15301.
• § 1540 — This article does not apply in any of the following cases: (a) Where the petition is for guardianship of the estate exclusively.
• § 15400 — Unless a trust is expressly made irrevocable by the trust instrument, the trust is revocable by the settlor.
• § 15401 — (a) A trust that is revocable by the settlor or any other person may be revoked in whole or in part by any of the following methods: (1) By compliance with any method of revocation provided in the tru
• § 15402 — Unless the trust instrument provides otherwise, if a trust is revocable by the settlor, the settlor may modify the trust by the procedure for revocation.
• § 15403 — (a) Except as provided in subdivision (b), if all beneficiaries of an irrevocable trust consent, they may petition the court for modification or termination of the trust.
• § 15404 — (a) A trust may be modified or terminated by the written consent of the settlor and all beneficiaries without court approval of the modification or termination.
• § 15405 — For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn beneficiary may be given in proceedings bef
• § 15406 — In determining the class of beneficiaries whose consent is necessary to modify or terminate a trust pursuant to Section 15403 or 15404, the presumption of fertility is rebuttable.
• § 15407 — (a) A trust terminates when any of the following occurs: (1) The term of the trust expires.
• § 15408 — (a) On petition by a trustee or beneficiary, if the court determines that the fair market value of the principal of a trust has become so low in relation to the cost of administration that continuatio
• § 15409 — (a) On petition by a trustee or beneficiary, the court may modify the administrative or dispositive provisions of the trust or terminate the trust if, owing to circumstances not known to the settlor a
• § 1541 — In addition to the other required contents of the petition for appointment of a guardian, the petition shall include both of the following: (a) A statement by the proposed guardian that, upon request
• § 15410 — At the termination of a trust, the trust property shall be disposed of as follows: (a) In the case of a trust that is revoked by the settlor, the trust property shall be disposed of in the following o
• § 15411 — If the terms of two or more trusts are substantially similar, on petition by a trustee or beneficiary, the court, for good cause shown, may combine the trusts if the court determines that administrati
• § 15412 — On petition by a trustee or beneficiary, the court, for good cause shown, may divide a trust into two or more separate trusts, if the court determines that dividing the trust will not defeat or substa
• § 15413 — A trust provision, express or implied, that the trust may not be terminated is ineffective insofar as it purports to be applicable after the expiration of the longer of the periods provided by the sta
• § 15414 — Notwithstanding any other provision in this chapter, if a trust continues in existence after the expiration of the longer of the periods provided by the statutory rule against perpetuities, Article 2
• § 1542 — In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the
• § 1543 — (a) If the petition as filed or as amended states that an adoption petition has been filed, a report with respect to the suitability of the proposed guardian for guardianship shall be filed with the c
• § 15600 — (a) The person named as trustee may accept the trust, or a modification of the trust, by one of the following methods: (1) Signing the trust instrument or the trust instrument as modified, or signing
• § 15601 — (a) A person named as trustee may in writing reject the trust or a modification of the trust.
• § 15602 — (a) A trustee is not required to give a bond to secure performance of the trustee’s duties, unless any of the following circumstances occurs: (1) A bond is required by the trust instrument.
• § 15603 — On application by the trustee, the court clerk shall issue a certificate that the trustee is a duly appointed and acting trustee under the trust if the court file shows the incumbency of the trustee.
• § 15604 — (a) Notwithstanding any other provision of law, a nonprofit charitable corporation may be appointed as trustee of a trust created pursuant to this division, if all of the following conditions are met:
• § 15620 — Unless otherwise provided in the trust instrument, a power vested in two or more trustees may only be exercised by their unanimous action.
• § 15621 — Unless otherwise provided in the trust instrument, if a vacancy occurs in the office of a cotrustee, the remaining cotrustee or cotrustees may act for the trust as if they are the only trustees.
• § 15622 — Unless otherwise provided in the trust instrument, if a cotrustee is unavailable to perform the duties of the cotrustee because of absence, illness, or other temporary incapacity, the remaining cotrus