California

Probate Code

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

• § 15640 — A trustee who has accepted the trust may resign only by one of the following methods: (a) As provided in the trust instrument.
• § 15641 — The liability for acts or omissions of a resigning trustee or of the sureties on the trustee’s bond, if any, is not released or affected in any manner by the trustee’s resignation.
• § 15642 — (a) A trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on petition of a settlor, cotrustee, or beneficiary under Section 17200.
• § 15643 — There is a vacancy in the office of trustee in any of the following circumstances: (a) The person named as trustee rejects the trust.
• § 15644 — When a vacancy has occurred in the office of trustee, the former trustee who holds property of the trust shall deliver the trust property to the successor trustee or a person appointed by the court to
• § 15645 — If the trustee of a trust that is not revocable has refused to transfer administration of the trust to a successor trust company on request of the beneficiaries described in subdivision (c) of Section
• § 15660 — (a) If the trust has no trustee or if the trust instrument requires a vacancy in the office of a cotrustee to be filled, the vacancy shall be filled as provided in this section.
• § 15660.5 — (a) The court may appoint as trustee of a trust the public guardian or public administrator of the county in which the matter is pending subject to the following requirements: (1) Neither the public g
• § 15680 — (a) Subject to subdivision (b), and except as provided in Section 15688, if the trust instrument provides for the trustee’s compensation, the trustee is entitled to be compensated in accordance with t
• § 15681 — If the trust instrument does not specify the trustee’s compensation, the trustee is entitled to reasonable compensation under the circumstances.
• § 15682 — The court may fix an amount of periodic compensation under Sections 15680 and 15681 to continue for as long as the court determines is proper.
• § 15683 — Unless the trust instrument otherwise provides or the trustees otherwise agree, if the trust has two or more trustees, the compensation shall be apportioned among the cotrustees according to the servi
• § 15684 — A trustee is entitled to the repayment out of the trust property for the following: (a) Expenditures that were properly incurred in the administration of the trust.
• § 15685 — The trustee has an equitable lien on the trust property as against the beneficiary in the amount of advances, with any interest, made for the protection of the trust, and for expenses, losses, and lia
• § 15686 — (a) As used in this section, “trustee’s fee” includes, but is not limited to, the trustee’s periodic base fee, rate of percentage compensation, minimum fee, hourly rate, and transaction charge, but do
• § 15687 — (a) Notwithstanding any provision of a trust to the contrary, a trustee who is an attorney may receive only (1) the trustee’s compensation provided in the trust or otherwise provided in this article o
• § 15688 — Notwithstanding any other provision of this article and the terms of the trust, a public guardian or public administrator who is appointed as a trustee of a trust pursuant to Section 15660.
• § 15800 — (a) Except to the extent that the trust instrument otherwise provides or where the joint action of the settlor and all beneficiaries is required, during the time that a trust is revocable and at least
• § 15801 — (a) In any case where the consent of a beneficiary may be given or is required to be given before an action may be taken, during the time that a trust is revocable and the person holding the power to
• § 15802 — Notwithstanding any other statute, during the time that a trust is revocable and the person holding the power to revoke the trust is competent, a notice that is to be given to a beneficiary shall be g
• § 15803 — The holder of a presently exercisable general power of appointment or power to withdraw property from the trust has the rights of a person holding the power to revoke the trust that are provided by Se
• § 15804 — (a) Notice to a person who may represent and bind another person pursuant to this section is sufficient to comply with a requirement in this division that notice be given to the represented person, an
• § 15805 — Notwithstanding any other provision of law, the Attorney General is subject to the limitations on the rights of beneficiaries of revocable trusts provided by Sections 15800 to 15802, inclusive.
• § 1600 — (a) A guardianship of the person or estate or both terminates when the ward attains majority unless, pursuant to Section 1510.
• § 16000 — On acceptance of the trust, the trustee has a duty to administer the trust according to the trust instrument and, except to the extent the trust instrument provides otherwise, according to this divisi
• § 16001 — (a) Except as provided in subdivision (b), the trustee of a revocable trust shall follow any written direction acceptable to the trustee given from time to time (1) by the person then having the power
• § 16002 — (a) The trustee has a duty to administer the trust solely in the interest of the beneficiaries.
• § 16003 — If a trust has two or more beneficiaries, the trustee has a duty to deal impartially with them and shall act impartially in investing and managing the trust property, taking into account any differing
• § 16004 — (a) The trustee has a duty not to use or deal with trust property for the trustee’s own profit or for any other purpose unconnected with the trust, nor to take part in any transaction in which the tru
• § 16004.5 — (a) A trustee may not require a beneficiary to relieve the trustee of liability as a condition for making a distribution or payment to, or for the benefit of, the beneficiary, if the distribution or p
• § 16005 — The trustee of one trust has a duty not to knowingly become a trustee of another trust adverse in its nature to the interest of the beneficiary of the first trust, and a duty to eliminate the conflict
• § 16006 — The trustee has a duty to take reasonable steps under the circumstances to take and keep control of and to preserve the trust property.
• § 16007 — The trustee has a duty to make the trust property productive under the circumstances and in furtherance of the purposes of the trust.
• § 16009 — The trustee has a duty to do the following: (a) To keep the trust property separate from other property not subject to the trust.
• § 1601 — Upon petition of the guardian, a parent, the minor ward, or, in the case of an Indian child custody proceeding, an Indian custodian or the ward’s tribe, the court may make an order terminating the gua
• § 16010 — The trustee has a duty to take reasonable steps to enforce claims that are part of the trust property.
• § 16011 — The trustee has a duty to take reasonable steps to defend actions that may result in a loss to the trust.
• § 16012 — (a) The trustee has a duty not to delegate to others the performance of acts that the trustee can reasonably be required personally to perform and may not transfer the office of trustee to another per
• § 16013 — If a trust has more than one trustee, each trustee has a duty to do the following: (a) To participate in the administration of the trust.
• § 16014 — (a) The trustee has a duty to apply the full extent of the trustee’s skills.
• § 16015 — The provision of services for compensation by a regulated financial institution or its affiliates in the ordinary course of business either to a trust of which it also acts as trustee or to a person d
• § 1602 — (a) The Legislature hereby finds and declares that guardians perform a critical and important role in the lives of minors, frequently assuming a parental role and caring for a child when the child’s p
• § 16040 — (a) The trustee shall administer the trust with reasonable care, skill, and caution under the circumstances then prevailing that a prudent person acting in a like capacity would use in the conduct of
• § 16041 — A trustee’s standard of care and performance in administering the trust is not affected by whether or not the trustee receives any compensation.
• § 16042 — (a) Notwithstanding the requirements of this article, Article 2.
• § 16045 — This article, together with subdivision (a) of Section 16002 and Section 16003, constitutes the prudent investor rule and may be cited as the Uniform Prudent Investor Act.
• § 16046 — (a) Except as provided in subdivision (b), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule.
• § 16047 — (a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust.
• § 16048 — In making and implementing investment decisions, the trustee has a duty to diversify the investments of the trust unless, under the circumstances, it is prudent not to do so.
• § 16049 — Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of a
• § 16050 — In investing and managing trust assets, a trustee may only incur costs that are appropriate and reasonable in relation to the assets, overall investment strategy, purposes, and other circumstances of
• § 16051 — Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee’s decision or action and not by hindsight.
• § 16052 — (a) A trustee may delegate investment and management functions as prudent under the circumstances.
• § 16053 — The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this chapter: “investments permissi
• § 16054 — This article applies to trusts existing on and created after its effective date.
• § 16060 — The trustee has a duty to keep the beneficiaries of the trust reasonably informed of the trust and its administration.
• § 16060.5 — As used in this article, “terms of the trust” means the written trust instrument of an irrevocable trust or those provisions of a written trust instrument in effect at the settlor’s death that describ
• § 16060.7 — On the request of a beneficiary, the trustee shall provide the terms of the trust to the beneficiary unless the trustee is not required to provide the terms of the trust to the beneficiary in accordan
• § 16061 — Except as provided in Section 16069, on reasonable request by a beneficiary, the trustee shall report to the beneficiary by providing requested information to the beneficiary relating to the administr
• § 16061.5 — (a) A trustee shall provide a true and complete copy of the terms of the irrevocable trust, or irrevocable portion of the trust, to each of the following: (1) Any beneficiary of the trust who requests
• § 16061.7 — (a) A trustee shall serve a notification by the trustee as described in this section in the following events: (1) When a revocable trust or any portion thereof becomes irrevocable because of the death
• § 16061.8 — A person upon whom the notification by the trustee is served pursuant to paragraph (1) of subdivision (a) of Section 16061.
• § 16061.9 — (a) A trustee who fails to serve the notification by trustee as required by Section 16061.
• § 16062 — (a) Except as otherwise provided in this section and in Section 16064, the trustee shall account at least annually, at the termination of the trust, and upon a change of trustee, to each beneficiary t
• § 16063 — (a) An account furnished pursuant to Section 16062 shall contain the following information: (1) A statement of receipts and disbursements of principal and income that have occurred during the last com
• § 16064 — The trustee is not required to account to a beneficiary as described in subdivision (a) of Section 16062, in any of the following circumstances: (a) To the extent the trust instrument waives the accou
• § 16068 — Any waiver by a settlor of the obligation of the trustee of either of the following is against public policy and shall be void: (a) To provide the terms of the trust to the beneficiary as required by
• § 16069 — (a) The trustee is not required to account to the beneficiary, provide the terms of the trust to a beneficiary, or provide requested information to the beneficiary pursuant to Section 16061, in any of
• § 16080 — Except as provided in Section 16081, a discretionary power conferred upon a trustee is not left to the trustee’s arbitrary discretion, but shall be exercised reasonably.
• § 16081 — (a) Subject to the additional requirements of subdivisions (b), (c), and (d), if a trust instrument confers “absolute,” “sole,” or “uncontrolled” discretion on a trustee, the trustee shall act in acco
• § 16082 — Except as otherwise specifically provided in the trust instrument, a person who holds a power to appoint or distribute income or principal to or for the benefit of others, either as an individual or a
• § 1610 — (a) The Legislature finds and declares that it is in the best interests of children to be raised in a permanent, safe, stable, and loving environment.
• § 16100 — As used in this article, the following definitions shall control: (a) “Charitable trust” means a charitable trust as described in Section 4947(a)(1) of the Internal Revenue Code.
• § 16101 — During any period when a trust is deemed to be a charitable trust or a private foundation, the trustee shall distribute its income for each taxable year (and principal if necessary) at a time and in a
• § 16102 — During any period when a trust is deemed to be a charitable trust, a private foundation, or a split-interest trust, the trustee shall not do any of the following: (a) Engage in any act of self-dealing
• § 16103 — With respect to split-interest trusts: (a) Subdivisions (b) and (c) of Section 16102 do not apply to any trust described in Section 4947(b)(3) of the Internal Revenue Code.
• § 16104 — The provisions of Sections 16101, 16102, and 16103 shall be deemed to be contained in the instrument creating every trust to which this article applies.
• § 16105 — (a) A proceeding contemplated by Section 101( l )(3) of the federal Tax Reform Act of 1969 (Public Law 91-172) may be commenced pursuant to Section 17200 by the organization involved.
• § 1611 — If a person files a petition for visitation, termination of the guardianship, or instruction to the guardian that is unmeritorious, or intended to harass or annoy the guardian, and the person has prev
• § 16110 — (a) On and after January 1, 2025, or upon the regulations provided for in subdivision (b) taking effect, whichever occurs first, a trustee holding assets subject to a charitable trust shall give writt
• § 16200 — A trustee has the following powers without the need to obtain court authorization: (a) The powers conferred by the trust instrument.
• § 16201 — This chapter does not affect the power of a court to relieve a trustee from restrictions on the exercise of powers under the trust instrument.
• § 16202 — The grant of a power to a trustee, whether by the trust instrument, by statute, or by the court, does not in itself require or permit the exercise of the power.
• § 16203 — An instrument that incorporates the powers provided in former Section 1120.
• § 16220 — The trustee has the power to collect, hold, and retain trust property received from a settlor or any other person until, in the judgment of the trustee, disposition of the property should be made.
• § 16221 — The trustee has the power to accept additions to the property of the trust from a settlor or any other person.
• § 16222 — (a) Subject to subdivision (b), the trustee has the power to continue or participate in the operation of any business or other enterprise that is part of the trust property and may effect incorporatio
• § 16224 — (a) In the absence of an express provision to the contrary in a trust instrument, where the instrument directs or permits investment in obligations of the United States government, the trustee has the
• § 16225 — (a) The trustee has the power to deposit trust funds at reasonable interest in any of the following accounts: (1) An insured account in a financial institution.
• § 16226 — The trustee has the power to acquire or dispose of property, for cash or on credit, at public or private sale, or by exchange.
• § 16227 — The trustee has the power to manage, control, divide, develop, improve, exchange, partition, change the character of, or abandon trust property or any interest therein.
• § 16228 — The trustee has the power to encumber, mortgage, or pledge trust property for a term within or extending beyond the term of the trust in connection with the exercise of any power vested in the trustee
• § 16229 — The trustee has the power to do any of the following: (a) Make ordinary or extraordinary repairs, alterations, or improvements in buildings or other trust property.
• § 16230 — The trustee has the power to do any of the following: (a) Subdivide or develop land.
• § 16231 — The trustee has the power to enter into a lease for any purpose as lessor or lessee with or without the option to purchase or renew and for a term within or extending beyond the term of the trust.
• § 16232 — The trustee has the power to enter into a lease or arrangement for exploration and removal of gas, oil, or other minerals or geothermal energy, and to enter into a community oil lease or a pooling or
• § 16233 — The trustee has the power to grant an option involving disposition of trust property or to take an option for the acquisition of any property, and an option may be granted or taken that is exercisable
• § 16234 — With respect to any shares of stock of a domestic or foreign corporation, any membership in a nonprofit corporation, or any other property, a trustee has the power to do any of the following: (a) Vote
• § 16235 — The trustee has the power to pay calls, assessments, and any other sums chargeable or accruing against or on account of securities.
• § 16236 — The trustee has the power to sell or exercise stock subscription or conversion rights.
• § 16237 — The trustee has the power to consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enter
• § 16238 — The trustee has the power to hold a security in the name of a nominee or in other form without disclosure of the trust so that title to the security may pass by delivery.
• § 16239 — The trustee has the power to deposit securities in a securities depository, as defined in Section 30004 of the Financial Code, which is licensed under Section 30200 of the Financial Code or is exempt
• § 16240 — The trustee has the power to insure the property of the trust against damage or loss and to insure the trustee against liability with respect to third persons.
• § 16241 — The trustee has the power to borrow money for any trust purpose to be repaid from trust property.
• § 16242 — The trustee has the power to do any of the following: (a) Pay or contest any claim.
• § 16243 — The trustee has the power to pay taxes, assessments, reasonable compensation of the trustee and of employees and agents of the trust, and other expenses incurred in the collection, care, administratio
• § 16244 — The trustee has the following powers: (a) To make loans out of trust property to the beneficiary on terms and conditions that the trustee determines are fair and reasonable under the circumstances.
• § 16245 — The trustee has the power to pay any sum of principal or income distributable to a beneficiary, without regard to whether the beneficiary is under a legal disability, by paying the sum to the benefici
• § 16246 — The trustee has the power to effect distribution of property and money in divided or undivided interests and to adjust resulting differences in valuation.
• § 16247 — The trustee has the power to hire persons, including accountants, attorneys, auditors, investment advisers, appraisers (including probate referees appointed pursuant to Section 400), or other agents,
• § 16248 — The trustee has the power to execute and deliver all instruments which are needed to accomplish or facilitate the exercise of the powers vested in the trustee.
• § 16249 — The trustee has the power to prosecute or defend actions, claims, or proceedings for the protection of trust property and of the trustee in the performance of the trustee’s duties.
• § 16320 — This section shall be known, and may be cited, as the Uniform Fiduciary Income and Principal Act.
• § 16321 — The following definitions apply for purposes of this chapter: (a) “Accounting period” means a calendar year, unless a fiduciary selects another period of 12 calendar months or approximately 12 calenda
• § 16322 — Except as otherwise provided in the terms of a trust or this chapter, this chapter applies to the following: (a) A trust or an estate.
• § 16323 — Except as otherwise provided in the terms of a trust or this chapter, this chapter applies when this state is the principal place of administration of a trust or estate or the situs of property that i
• § 16325 — (a) In making an allocation or determination or exercising discretion under this chapter, all of the following apply: (1) A fiduciary shall act in good faith, based on what is fair and reasonable to a
• § 16326 — (a) For purposes of this section, “fiduciary decision” means any of the following: (1) A fiduciary’s allocation between income and principal or another determination regarding income and principal req
• § 16327 — (a) Except as otherwise provided in the terms of a trust or this section, a fiduciary, in a record, without court approval, may adjust between income and principal if the fiduciary determines the exer
• § 16330 — The following definitions apply for purposes of this article: (a) “Applicable value” means the amount of the net fair market value of a trust taken into account under Section 16336.
• § 16331 — (a) Except as otherwise provided in subdivision (b), this article applies to both of the following: (1) An income trust, unless the terms of the trust expressly prohibit use of this article by a speci
• § 16332 — (a) A fiduciary, without court approval, by complying with subdivisions (b) and (f), may do any of the following: (1) Convert an income trust to a unitrust if the fiduciary creates in a record a unitr
• § 16333 — A notice required by paragraph (2) of subdivision (b) of Section 16332 shall be sent as required by Chapter 5 (commencing with Section 16500), including notice to a beneficiary who is a minor and to t
• § 16334 — (a) In administering a unitrust under this article, a fiduciary shall follow a unitrust plan adopted under paragraph (1) or (2) of subdivision (a) of Section 16332, or amended or replaced under paragr
• § 16335 — (a) A unitrust rate may not be less than 3 percent, or greater than 5 percent, unless the unitrust plan has been approved by court order.
• § 16336 — (a) A unitrust plan shall provide the method for determining the fair market value of an asset for the purpose of determining the unitrust amount, including both of the following: (1) The frequency of
• § 16337 — (a) A unitrust plan shall provide the period used under Sections 16335 and 16336.
• § 16338 — (a) A unitrust plan may include any of the following: (1) Provide methods and standards for all of the following: (A) Determining the timing of distributions.
• § 16340 — (a) The following definitions apply for purposes of this section: (1) “Capital distribution” means an entity distribution of money that is either of the following: (A) A return of capital.
• § 16341 — A fiduciary shall allocate to income an amount received as a distribution of income, including a unitrust distribution under Article 3 (commencing with Section 16330), from a trust or estate in which
• § 16342 — (a) This section applies to a business or other activity conducted by a fiduciary if the fiduciary determines that it is in the interests of the beneficiaries to account separately for the business or
• § 16343 — A fiduciary shall allocate to principal any of the following: (a) To the extent not allocated to income under this chapter, an asset received from any of the following: (1) An individual, during the i
• § 16344 — To the extent a fiduciary does not account for the management of rental property as a business under Section 16342, the fiduciary shall allocate to income an amount received as rent of real or persona
• § 16345 — (a) This section does not apply to an obligation to which Section 16348, 16349, 16350, 16351, 16353, 16354, or 16355 applies.
• § 16346 — (a) This section does not apply to a contract to which Section 16348 applies.
• § 16347 — (a) If a fiduciary determines that an allocation between income and principal required by Section 16348, 16349, 16350, 16351, or 16354 is insubstantial, the fiduciary may allocate the entire amount to
• § 16348 — (a) The following definitions apply for purposes of this section: (1) “Internal income of a separate fund” means the amount determined under subdivision (b).
• § 16349 — (a) For purposes of this section, “liquidating asset” means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a limited time.
• § 16350 — (a) To the extent a fiduciary does not account for a receipt from an interest in minerals, water, or other natural resources as a business under Section 16432, the fiduciary shall allocate the receipt
• § 16351 — (a) To the extent a fiduciary does not account for receipts from the sale of timber and related products as a business under Section 16342, the fiduciary shall allocate the net receipts: (1) To income
• § 16352 — (a) If a trust received property for which a gift or estate tax marital deduction was allowed and the settlor’s spouse holds a mandatory income interest in the trust, the spouse may require the truste
• § 16353 — (a) For purposes of this section, “derivative” means a contract, instrument, other arrangement, or combination of contracts, instruments, or other arrangements, the value, rights, and obligations of w
• § 16354 — (a) Except as otherwise provided in subdivision (b), a fiduciary shall allocate to income a receipt from or related to an asset-backed security, to the extent the payor identifies the payment as being
• § 16355 — A fiduciary shall allocate receipts from, or related to, a financial instrument or arrangement not otherwise addressed by this chapter.
• § 16360 — Subject to Section 16363, and except as otherwise provided in paragraph (2) or (3) of subdivision (c) of Section 16370, a fiduciary shall disburse from income all of the following: (a) One-half of bot
• § 16361 — (a) Subject to Section 16364, and except as otherwise provided in paragraph (2) of subdivision (c) of Section 16370, a fiduciary shall disburse from principal all of the following: (1) The balance of
• § 16362 — (a) For purposes of this section, “depreciation” means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a tangible asset having a useful life of more than one year.
• § 16363 — (a) If a fiduciary makes or expects to make an income disbursement described in subdivision (b), the fiduciary may transfer an appropriate amount from principal to income in one or more accounting per
• § 16364 — (a) If a fiduciary makes or expects to make a principal disbursement described in subdivision (b), the fiduciary may transfer an appropriate amount from income to principal in one or more accounting p
• § 16365 — (a) A tax required to be paid by a fiduciary that is based on receipts allocated to income shall be paid from income.
• § 16366 — (a) A fiduciary may make an adjustment between income and principal to offset the shifting of economic interests or tax benefits between current income beneficiaries and successor beneficiaries that a
• § 16367 — Unless otherwise provided by the governing instrument, determined by the trustee, or ordered by the court, distributions to beneficiaries shall be considered paid in the following order from the follo
• § 16370 — (a) This section applies when either of the following occurs: (1) The death of an individual results in the creation of an estate or trust.
• § 16371 — (a) Except to the extent that Article 3 (commencing with Section 16330) applies for a beneficiary that is a trust, each beneficiary described in subdivision (f) of Section 16370 is entitled to receive
• § 16375 — (a) An income beneficiary is entitled to net income in accordance with the terms of the trust from the date an income interest begins.
• § 16376 — (a) A fiduciary shall allocate an income receipt or disbursement, other than a receipt to which subdivision (b) of Section 16370 applies, to principal if its due date occurs before the date on which e
• § 16377 — (a) For purposes of this section, “undistributed income” means net income received on or before the date on which an income interest ends.
• § 16380 — In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
• § 16381 — This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.
• § 16382 — This chapter applies to a trust or estate existing or created on or after the effective date of this chapter, except as otherwise expressly provided in the terms of the trust or this chapter.
• § 16383 — If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given eff
• § 16400 — A violation by the trustee of any duty that the trustee owes the beneficiary is a breach of trust.
• § 16401 — (a) Except as provided in subdivision (b), the trustee is not liable to the beneficiary for the acts or omissions of an agent.
• § 16402 — (a) Except as provided in subdivision (b), a trustee is not liable to the beneficiary for a breach of trust committed by a cotrustee.
• § 16403 — (a) Except as provided in subdivision (b), a successor trustee is not liable to the beneficiary for a breach of trust committed by a predecessor trustee.
• § 16420 — (a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may commence a proceeding for any of the following purposes that is approp
• § 16421 — The remedies of a beneficiary against the trustee are exclusively in equity.
• § 16440 — (a) If the trustee commits a breach of trust, the trustee is chargeable with any of the following that is appropriate under the circumstances: (1) Any loss or depreciation in value of the trust estate
• § 16441 — (a) If the trustee is liable for interest pursuant to Section 16440, the trustee is liable for the greater of the following amounts: (1) The amount of interest that accrues at the legal rate on judgme
• § 16442 — The provisions in this article for liability of a trustee for breach of trust do not prevent resort to any other remedy available under the statutory or common law.
• § 16460 — (a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise: (1) If a beneficiary has received an interim or final account in writing, or other written report, that adeq
• § 16461 — (a) Except as provided in subdivision (b), (c), or (d), the trustee can be relieved of liability for breach of trust by provisions in the trust instrument.
• § 16462 — (a) Notwithstanding Section 16461, a trustee of a revocable trust is not liable to a beneficiary for any act performed or omitted pursuant to written directions from the person holding the power to re
• § 16463 — (a) Except as provided in subdivisions (b) and (c), a beneficiary may not hold the trustee liable for an act or omission of the trustee as a breach of trust if the beneficiary consented to the act or
• § 16464 — (a) Except as provided in subdivision (b), a beneficiary may be precluded from holding the trustee liable for a breach of trust by the beneficiary’s release or contract effective to discharge the trus
• § 16465 — (a) Except as provided in subdivision (b), if the trustee, in breach of trust, enters into a transaction that the beneficiary may at his or her option reject or affirm, and the beneficiary affirms the
• § 16500 — Subject to subdivision (d) of Section 16501, a trustee may give a notice of proposed action regarding a matter governed by Chapter 2 (commencing with Section 16200) or Chapter 3 (commencing with Secti
• § 16501 — (a) The trustee who elects to provide notice pursuant to this chapter shall deliver notice pursuant to Section 1215 of the proposed action to each of the following: (1) A beneficiary who is receiving,
• § 16502 — The notice of proposed action shall state that it is given pursuant to this section and shall include all of the following: (a) The name, mailing address, and electronic address of the trustee.
• § 16503 — (a) A beneficiary may object to the proposed action by delivering a written objection pursuant to Section 1215 to the trustee at the address stated in the notice of proposed action within the time per
• § 16504 — This chapter does not require a trustee to use these procedures prior to taking any action.
• § 16600 — (a) This chapter shall be known, and may be cited, as the California Uniform Directed Trust Act.
• § 16602 — For purposes of this chapter, the following definitions shall apply: (a) “Breach of trust” includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the term
• § 16604 — (a) This chapter applies to a trust, whenever created, that has its principal place of administration in this state, subject to all of the following rules: (1) If the trust was created before January
• § 16605 — Notwithstanding any other law, the consent of the public administrator, public guardian, or public conservator is required before they may be appointed to act as a trust director or directed trustee.
• § 16606 — (a) This chapter does not apply to any of the following: (1) A power of appointment.
• § 16608 — (a) Subject to Section 16610, the terms of a trust may grant a power of direction to a trust director.
• § 16610 — A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under subdivision
• § 16612 — (a) Subject to subdivision (b), with respect to a power of direction or further power under subdivision (b) of Section 16608, both of the following apply: (1) A trust director has the same fiduciary d
• § 16614 — (a) Subject to subdivision (b), a directed trustee shall take reasonable action to comply with a trust director’s exercise or nonexercise of a power of direction or further power under subdivision (b)
• § 16616 — (a) Subject to Section 16618, a trustee shall provide information to a trust director to the extent the information is reasonably related both to the powers or duties of the trustee and the powers or
• § 16618 — (a) (1) Unless the terms of a trust provide otherwise, a trustee does not have a duty to do either of the following: (A) Monitor a trust director.
• § 16620 — The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee’s exercise or nonexercise of a power of the other cotrustee to the same extent that, in a directe
• § 16622 — (a) An action against a trust director for breach of trust shall be commenced within the same limitation period as in Section 16460 for an action for breach of trust against a trustee in a like positi
• § 16624 — In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach o
• § 16626 — (a) By accepting appointment as a trust director of a trust subject to this chapter, the trust director submits to personal jurisdiction of the courts of this state regarding any matter related to a p
• § 16628 — Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding all of the following matters: (a) Acceptance under Sections 15600 and 15601.
• § 16630 — In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
• § 16632 — This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.