California

Probate Code

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

• § 17000 — (a) The superior court having jurisdiction over the trust pursuant to this part has exclusive jurisdiction of proceedings concerning the internal affairs of trusts.
• § 17001 — In proceedings commenced pursuant to this division, the court is a court of general jurisdiction and has all the powers of the superior court.
• § 17002 — (a) The principal place of administration of the trust is the usual place where the day-to-day activity of the trust is carried on by the trustee or its representative who is primarily responsible for
• § 17003 — Subject to Section 17004: (a) By accepting the trusteeship of a trust having its principal place of administration in this state the trustee submits personally to the jurisdiction of the court under t
• § 17004 — The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.
• § 17005 — (a) The proper county for commencement of a proceeding pursuant to this division is either of the following: (1) In the case of a living trust, the county where the principal place of administration o
• § 17006 — There is no right to a jury trial in proceedings under this division concerning the internal affairs of trusts.
• § 17100 — Except as otherwise provided in this division, notice in proceedings commenced pursuant to this division, or notice otherwise required by this division, is governed by Part 2 (commencing with Section
• § 17105 — A petitioner or other person required to give notice may cause notice to be given to any person interested in the trust without the need for a court order.
• § 17200 — (a) Except as provided in Section 15800, a trustee or beneficiary of a trust may petition the court under this chapter concerning the internal affairs of the trust or to determine the existence of the
• § 17200.1 — All proceedings concerning the transfer of property of the trust shall be conducted pursuant to the provisions of Part 19 (commencing with Section 850) of Division 2.
• § 17201 — A proceeding under this chapter is commenced by filing a petition stating facts showing that the petition is authorized under this chapter.
• § 17201.1 — A petitioner in a proceeding under Section 17200 may commence discovery upon a trustee in accordance with the same time periods set forth in the Civil Discovery Act (Title 4 (commencing with Section 2
• § 17202 — The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the trustee or beneficiary.
• § 17203 — (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215 to all of the following persons: (1) All
• § 17204 — (a) If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, file with the court clerk where the proceedings are pending a written request stating that t
• § 17205 — If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioner’s counsel in connection with a particular petition
• § 17206 — The court in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by the petition, including appointment of a temporary trustee to admin
• § 17209 — The administration of trusts is intended to proceed expeditiously and free of judicial intervention, subject to the jurisdiction of the court.
• § 17210 — In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Attorney General may petition under this chapter.
• § 17211 — (a) If a beneficiary contests the trustee’s account and the court determines that the contest was without reasonable cause and in bad faith, the court may award against the contestant the compensation
• § 17300 — This article applies only to the following: (a) A trust created by a will executed before July 1, 1977, and not incorporated by reference in a will on or after July 1, 1977.
• § 17301 — If a trust described in Section 17300 continues after distribution of the decedent’s estate, the court in which the decedent’s estate was administered retains jurisdiction over the trust for any of th
• § 17302 — Except as otherwise provided in this article, proceedings relating to trusts under continuing court jurisdiction are governed by this part.
• § 17303 — This article does not apply to a trust described in Section 17300 that has been removed from continuing court jurisdiction.
• § 17304 — (a) At any time after final distribution of the decedent’s estate, a trust described in Section 17300 may be transferred to a different county in this state as provided in this section.
• § 17350 — This article applies only to trusts created by will executed before July 1, 1977, and not incorporated by reference in a will on or after July 1, 1977.
• § 17351 — (a) If any of the trustees of a trust described in Section 17350 is a trust company, the trust shall be removed from continuing court jurisdiction as provided in this section.
• § 17352 — (a) If none of the trustees of a trust described in Section 17350 is a trust company, the trust may be removed from continuing court jurisdiction only with approval of the court.
• § 17353 — If a trust company is appointed as a successor trustee of a trust which, at the time of the appointment, is subject to continuing court jurisdiction because it was not removed pursuant to Section 1735
• § 17354 — After a trust is removed from continuing court jurisdiction pursuant to this article, neither a change in trustees nor any other event causes the trust to be subject to continuing court jurisdiction u
• § 17400 — (a) This chapter applies to all of the following: (1) A trust that is subject to this division.
• § 17401 — (a) The court may make an order for the transfer of the place of administration of a trust or the transfer of some or all of the trust property to a jurisdiction outside this state as provided in this
• § 17402 — The petition for transfer shall set forth all of the following: (a) The names and places of residence of the following: (1) The trustee administering the trust in this state.
• § 17403 — (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the
• § 17404 — The court may, in its discretion, grant the petition and order the trustee to transfer the trust property or to transfer the place of administration of the trust to the other jurisdiction if, after he
• § 17405 — If a transfer is ordered under this chapter, the court may direct the manner of transfer and impose terms and conditions as may be just, including, but not limited to, a requirement for the substituti
• § 17450 — (a) This chapter applies to a trust, or portion thereof, administered in a jurisdiction outside this state.
• § 17451 — (a) The court may make an order accepting the transfer of the place of administration of a trust from another jurisdiction to this state or the transfer of some or all of the trust property in another
• § 17452 — (a) If the petition requests that a resident of this state be appointed trustee, the petition shall be filed in the court of the county where the proposed principal place of administration of the trus
• § 17453 — The petition for transfer shall set forth all of the following: (a) The names and places of residence of the following: (1) The trustee administering the trust in the other jurisdiction.
• § 17454 — (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the
• § 17455 — (a) The court may, in its discretion, grant the petition and issue an order accepting transfer of trust property or the place of administration of the trust to this state and appoint a trustee to admi
• § 17456 — If appropriate to facilitate transfer of the trust property or the place of administration of a trust to this state, the court may issue a conditional order appointing a trustee to administer the trus
• § 17457 — A trust transferred to this state pursuant to this chapter shall be administered in the same manner as a trust of that type created in this state.
• § 1800 — It is the intent of the Legislature in enacting this chapter to do the following: (a) Protect the rights of persons who are placed under conservatorship.
• § 1800.3 — (a) If the need therefor is established to the satisfaction of the court and the other requirements of this chapter are satisfied, the court may appoint: (1) A conservator of the person or estate of a
• § 18000 — (a) Unless otherwise provided in the contract or in this chapter, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administra
• § 18001 — A trustee is personally liable for obligations arising from ownership or control of trust property only if the trustee is personally at fault.
• § 18002 — A trustee is personally liable for torts committed in the course of administration of the trust only if the trustee is personally at fault.
• § 18003 — (a) A cotrustee who does not join in exercising a power held by three or more cotrustees is not liable to third persons for the consequences of the exercise of the power.
• § 18004 — A claim based on a contract entered into by a trustee in the trustee’s representative capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the cour
• § 18005 — The question of liability as between the trust estate and the trustee personally may be determined in a proceeding under Section 17200.
• § 1801 — Subject to Section 1800.
• § 1802 — Subject to Section 1800.
• § 1803 — A conservator of the estate may be appointed for a person who is an absentee as defined in Section 1403.
• § 1804 — Subject to Section 1800.
• § 1810 — If the proposed conservatee has sufficient capacity at the time to form an intelligent preference, the proposed conservatee may nominate a conservator in the petition or in a writing signed either bef
• § 18100 — With respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, if the third person acts in good faith and for a valuable consideration and without actual
• § 18100.5 — (a) The trustee may present a certification of trust to any person in lieu of providing a copy of the trust instrument to establish the existence or terms of the trust.
• § 18101 — A third person who acts in good faith is not bound to ensure the proper application of trust property paid or delivered to the trustee.
• § 18102 — If a third person acting in good faith and for a valuable consideration enters into a transaction with a former trustee without knowledge that the person is no longer a trustee, the third person is fu
• § 18103 — If an express trust relating to real property is not contained or declared in the grant to the trustee, or in an instrument signed by the trustee and recorded in the same office with the grant to the
• § 18104 — (a) If an interest in or lien or encumbrance on real property is conveyed, created, or affected by an instrument in favor of a person in trust but no beneficiary is indicated in the instrument, it is
• § 18105 — If title to an interest in real property is affected by a change of trustee, the successor trustee may execute and record in the county in which the property is located an affidavit of change of trust
• § 18106 — (a) A document establishing the fact of change of trustee recorded pursuant to this chapter is subject to all statutory requirements for recorded documents.
• § 18107 — A document establishing the change of a trustee recorded pursuant to this chapter is prima facie evidence of the change of trustee insofar as the document identifies an interest in real property locat
• § 18108 — Any person whose interest is, or may be, affected by the recordation of an affidavit of change of trustee pursuant to this chapter may require that the successor trustee provide copies of those excerp
• § 1811 — (a) Subject to Sections 1813 and 1813.
• § 1812 — (a) Subject to Sections 1810, 1813, and 1813.
• § 1813 — (a) (1) The spouse of a proposed conservatee may not petition for the appointment of a conservator for a spouse or be appointed as conservator of the person or estate of the proposed conservatee unles
• § 1813.1 — (a) (1) The domestic partner of a proposed conservatee may not petition for the appointment of a conservator for a domestic partner or be appointed as conservator of the person or estate of the propos
• § 1820 — (a) A petition for the appointment of a conservator may be filed by any of the following: (1) The proposed conservatee.
• § 18200 — If the settlor retains the power to revoke the trust in whole or in part, the trust property is subject to the claims of creditors of the settlor to the extent of the power of revocation during the li
• § 18201 — Any settlor whose trust property is subject to the claims of creditors pursuant to Section 18200 shall be entitled to all exemptions as provided in Chapter 4 (commencing with Section 703.
• § 1821 — (a) (1) The petition shall request that a conservator be appointed for the person or estate, or both, shall specify the name, address, and telephone number of the proposed conservator and the name, ad
• § 1822 — (a) At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given as provided in this section.
• § 1823 — (a) If the petition is filed by a person other than the proposed conservatee, the clerk shall issue a citation directed to the proposed conservatee setting forth the time and place of hearing.
• § 1824 — The citation and a copy of the petition shall be served on the proposed conservatee at least 15 days before the hearing.
• § 1825 — (a) The proposed conservatee shall be produced at the hearing except in the following cases: (1) Where the proposed conservatee is out of the state when served and is not the petitioner.
• § 1826 — (a) Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following: (1) Conduct the following interviews: (A) The proposed conservatee persona
• § 1827 — The court shall hear and determine the matter of the establishment of the conservatorship according to the law and procedure relating to the trial of civil actions, including trial by jury if demanded
• § 1827.5 — (a) In the case of any proceeding to establish a limited conservatorship for a person with developmental disabilities, within 30 days after the filing of a petition for limited conservatorship, a prop
• § 1828 — (a) Except as provided in subdivision (c), before the establishment of a conservatorship of the person or estate, or both, the court shall inform the proposed conservatee of all of the following: (1)
• § 1828.5 — (a) At the hearing on the petition for appointment of a limited conservator for an allegedly developmentally disabled adult, the court shall do each of the following: (1) Inquire into the nature and e
• § 1829 — Any of the following persons may appear at the hearing to support or oppose the petition: (a) The proposed conservatee.
• § 1830 — (a) The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of: (1) The conservator.
• § 1834 — (a) Before letters are issued in a conservatorship that originates in this state or a conservatorship that is transferred to this state under Chapter 8 (commencing with Section 1980), the conservator
• § 1835 — (a) Every superior court shall provide all conservators with written information concerning a conservator’s rights, duties, limitations, and responsibilities under this division.
• § 1835.5 — (a) Within 30 days of the establishment of a conservatorship under this division, and annually thereafter, the superior court shall provide information to a conservatee under its jurisdiction, written
• § 1836 — (a) Upon appropriation by the Legislature, the Judicial Council shall establish a conservatorship alternatives program within each self-help center in every state Superior Court.
• § 1840 — Except as otherwise provided in this article, a conservator for an absentee (Section 1403) shall be appointed as provided in Article 3 (commencing with Section 1820) of this chapter or Article 3 (comm
• § 1841 — In addition to the other required contents of the petition, if the proposed conservatee is an absentee: (a) The petition, and any notice required by Section 1822 or 2002, or any other law, shall set f
• § 1842 — In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is an absentee, a copy of the petition and notice of the time and
• § 1843 — (a) No citation is required under Section 1823 to the proposed conservatee if the proposed conservatee is an absentee.
• § 1844 — (a) In a proceeding to appoint a conservator for an absentee under Article 3 (commencing with Section 1820) of this chapter or Article 3 (commencing with Section 2001) of Chapter 8, an official writte
• § 1845 — (a) Except as otherwise provided in this article, a conservator of the estate of a person who is missing and whose whereabouts is unknown shall be appointed as provided in Article 3 (commencing with S
• § 1846 — In addition to the other required contents of the petition, if the proposed conservatee is a person who is missing and whose whereabouts is unknown, the petition shall state all of the following: (a)
• § 1847 — In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is a person who is missing and whose whereabouts is unknown: (a) A
• § 1848 — (a) In a proceeding under Article 3 (commencing with Section 1820) to appoint a conservator of the estate of a person who is missing and whose whereabouts is unknown, the following acts are not requir
• § 1849 — A conservator of the estate of a person who is missing and whose whereabouts is unknown may be appointed only if the court finds all of the following: (a) The proposed conservatee owns or is entitled
• § 1849.5 — (a) A petition may be filed under this article regardless of when the proposed conservatee became missing or how long the proposed conservatee has been missing.
• § 1850 — (a) Except as provided in subdivision (e), each conservatorship established pursuant to this part shall be reviewed by the court as follows: (1) Six months after the initial appointment of the conserv
• § 1850.5 — (a) Notwithstanding Section 1850, each limited conservatorship for a developmentally disabled adult, as defined in subdivision (d) of Section 1801, shall be reviewed by the court one year after the ap
• § 18501 — This part may be cited as the Uniform Prudent Management of Institutional Funds Act.
• § 18502 — As used in this part, the following terms shall have the following meanings: (a) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, th
• § 18503 — (a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the
• § 18504 — (a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is pruden
• § 18505 — (a) Subject to any specific limitation set forth in a gift instrument or in law other than this part, an institution may delegate to an external agent the management and investment of an institutional
• § 18506 — (a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an instituti
• § 18507 — Compliance with this part is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.
• § 18508 — This part applies to institutional funds existing on or established after January 1, 2009.
• § 18509 — This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.
• § 1851 — (a) (1) If court review is required pursuant to Section 1850 or 1850.
• § 1851.1 — (a) When a court issues an order provisionally granting a petition under Section 2002, the investigator appointed under Section 2002 shall promptly commence an investigation under this section.
• § 1851.2 — Each court shall coordinate investigations with the filing of accountings, so that investigators may review accountings before visiting conservatees, if feasible.
• § 1851.5 — Each court shall assess each conservatee in the county for any investigation or review conducted by a court investigator with respect to that person.
• § 1851.6 — (a) Any interested person, as defined in Section 48 or any person entitled to receive notice pursuant to Section 1822, if they have personal knowledge of a conservatee, may petition the court to inves
• § 18510 — In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
• § 1852 — If the conservatee wishes to petition the court for termination of the conservatorship or for removal of the existing conservator or for the making, modification, or revocation of a court order under
• § 1853 — (a) If the court investigator is unable to locate the conservatee, the court shall order the court investigator to serve notice upon the conservator of the person, or upon the conservator of the estat
• § 1860 — (a) A conservatorship continues until terminated by the death of the conservatee or by order of the court pursuant to Section 1863, subject to Section 2467 and Article 4 (commencing with Section 2630)
• § 1860.5 — (a) A limited conservatorship continues until the authority of the conservator is terminated by one of the following: (1) The death of the limited conservator.
• § 1861 — (a) A petition for the termination of the conservatorship may be filed by any of the following: (1) The conservator.
• § 1861.5 — Upon the receipt of a communication from the conservatee that the conservatee wishes to terminate the conservatorship, a court shall appoint counsel for the conservatee and set a hearing for the termi
• § 1862 — (a) Notice of the hearing to consider the termination of the conservatorship shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
• § 1863 — (a) The court shall hear and determine the matter according to the law and procedure relating to the trial of civil actions, including trial by jury if demanded by the conservatee.
• § 1864 — (a) In the case of the conservatorship of an absentee as defined in Section 1403, the petition to terminate the conservatorship may also be filed by any officer or agency of this state or of the Unite
• § 1865 — If the conservatee has been disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code, upon termination of the conservatorship, the court shall notify the county elections offici
• § 1870 — As used in this article, unless the context otherwise requires, “transaction” includes, but is not limited to, making a contract, sale, transfer, or conveyance, incurring a debt or encumbering propert
• § 1871 — Nothing in this article shall be construed to deny a conservatee any of the following: (a) The right to control an allowance provided under Section 2421.
• § 1872 — (a) Except as otherwise provided in this article, the appointment of a conservator of the estate is an adjudication that the conservatee lacks the legal capacity to enter into or make any transaction
• § 1873 — (a) In the order appointing the conservator or upon a petition filed under Section 1874, the court may, by order, authorize the conservatee, subject to Section 1876, to enter into transactions or type
• § 1874 — (a) After a conservator has been appointed, a petition requesting an order under Section 1873 may be filed by any of the following: (1) The conservator.
• § 1875 — A transaction that affects real property of the conservatorship estate, entered into by a person acting in good faith and for a valuable consideration and without knowledge of the establishment of the
• § 1876 — The provisions of this article relating to the legal capacity of a conservatee to bind or obligate the conservatorship estate, and the provisions of any order of the court broadening such capacity, do
• § 1880 — If the court determines that there is no form of medical treatment for which the conservatee has the capacity to give an informed consent, the court shall (1) adjudge that the conservatee lacks the ca
• § 1881 — (a) A conservatee shall be deemed unable to give informed consent to any form of medical treatment pursuant to Section 1880 if, for all medical treatments, the conservatee is unable to respond knowing
• § 1890 — (a) An order of the court under Section 1880 may be included in the order of appointment of the conservator if the order was requested in the petition for the appointment of the conservator or the tra
• § 1891 — (a) A petition may be filed under this article requesting that the court make an order under Section 1880 or that the court modify or revoke an order made under Section 1880.
• § 1892 — Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
• § 1893 — The conservatee shall be produced at the hearing except in the following cases: (a) Where the conservatee is out of state when served and is not the petitioner.
• § 1894 — If the petition alleges that the conservatee is not willing to attend the hearing or upon receipt of an affidavit or certificate attesting to the medical inability of the conservatee to attend the hea
• § 1895 — (a) The conservatee, the spouse, the domestic partner, a relative, or a friend of the conservatee, the conservator, or any other interested person may appear at the hearing to support or oppose the pe
• § 1896 — (a) If the court determines that the order requested in the petition is proper, the court shall make the order.
• § 1897 — An order of the court under Section 1880 continues in effect until the earliest of the following times: (1) The time specified in the order, if any.
• § 1898 — An order of the court under Section 1880 may be modified or revoked upon a petition made, noticed, and heard by the court in the manner provided in this article.
• § 1900 — The appointment of a conservator of the person or estate or both does not affect the capacity of the conservatee to marry or to enter into a registered domestic partnership.
• § 19000 — As used in this part: (a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated: (1) Liabilit
• § 19001 — (a) Upon the death of a settlor, the property of the deceased settlor that was subject to the power of revocation at the time of the settlor’s death is subject to the claims of creditors of the deceas
• § 19002 — (a) Except as expressly provided, this part shall not be construed to affect the right of any creditor to recover from any revocable trust established by the deceased settlor.
• § 19003 — (a) At any time following the death of the settlor, and during the time that there has been no filing of a petition to administer the probate estate of the deceased settlor in this state of which the
• § 19004 — If the trustee files, publishes, and serves notice as set forth in Section 19003, then: (a) All claims against the trust shall be filed in the manner and within the time provided in this part.
• § 19005 — The trustee may at any time pay, reject, or contest any claim against the deceased settlor or settle any claim by compromise, arbitration, or otherwise.
• § 19006 — (a) If a trustee of a trust established by the deceased settlor files, publishes, and serves notice as provided in Section 19003 the protection from creditors afforded that trustee and trust shall als
• § 19007 — Nothing in this part shall determine the liability of any trust established by the deceased settlor as against any other trust established by that settlor, except to the extent that the trustee of the
• § 19008 — If there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee does not file a proposed notice to creditors pursuant to Section 19003 and does not publish notic
• § 19009 — Nothing in this part shall be construed to permit or require disclosure of the existence of the trust or the contents of any of its provisions to any creditor or beneficiary except as that creditor or
• § 1901 — (a) The court may by order determine whether the conservatee has the capacity to enter into a valid marriage, as provided in Part 1 (commencing with Section 300) of Division 3 of the Family Code, or t
• § 19010 — Nothing in this part imposes any duty on the trustee to initiate the notice proceeding set forth in Section 19003, and the trustee is not liable for failure to initiate the proceeding under this part.
• § 19011 — (a) The Judicial Council may prescribe the form and contents of the petition, notice, claim form, and allowance or rejection form to be used pursuant to this part.
• § 19012 — (a) This part applies to claims against any deceased settlor who dies on or after January 1, 1992.
• § 19020 — At any time after the filing and first publication of notice pursuant to Chapter 3 (commencing with Section 19040), and after expiration of the time to file claims provided in that chapter, a trustee
• § 19021 — The petition shall be filed in that county as may be determined pursuant to Section 19003.
• § 19022 — (a) A proceeding under this chapter is commenced by filing a verified petition stating facts showing that the petition is authorized under this chapter and the grounds of the petition.
• § 19023 — At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on each of the cred
• § 19024 — At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a copy of the petition, to be delivered purs
• § 19025 — (a) If any creditor, beneficiary, or trustee fails timely to file a written pleading upon notice, then the case is at issue, notwithstanding the failure.
• § 19026 — The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the trustee or any beneficiary of the trust.
• § 19027 — (a) The court in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by the petition.
• § 19029 — The court may, on its own motion or on request of a trustee or other person interested in the trust, appoint a guardian ad litem in accordance with Section 1003.
• § 19030 — In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Attorney General may petition under this chapter.
• § 19040 — (a) Publication of notice pursuant to this section shall be for at least 15 days.
• § 19041 — The Legislature finds and declares that to be most effective, notice to creditors should be published in compliance with the procedures specified in Section 19040.
• § 19050 — Except as provided in Section 19054, if the trustee has knowledge of a creditor of the deceased settlor, the trustee shall give notice to the creditor.
• § 19051 — The notice shall be given before expiration of the later of the following times: (a) Four months after the first publication of notice under Section 19040.
• § 19052 — The notice shall be in substantially the following form: NOTICE TO CREDITORS OF _____________ # ____________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _________ Notice is hereby given to the creditors an
• § 19053 — (a) If the trustee believes that notice to a particular creditor is or may be required by this chapter and gives notice based on that belief, the trustee is not liable to any person for giving the not
• § 19054 — Notwithstanding Section 19050, the trustee need not give notice to a creditor even though the trustee has knowledge of the creditor if either of the following conditions is satisfied: (a) The creditor
• § 1910 — (a) If the court determines the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall by order disqualify
• § 19100 — (a) A creditor shall file a claim before expiration of the later of the following times: (1) Four months after the first publication of notice to creditors under Section 19040.
• § 19101 — A vacancy in the office of the trustee that occurs before expiration of the time for filing a claim does not extend the time.
• § 19102 — A claim that is filed before expiration of the time for filing the claim is timely even if acted on by the trustee or the court after expiration of the time for filing claims.
• § 19103 — (a) Except as provided in subdivision (b), upon petition by a creditor or a trustee, the court may allow a claim to be filed after expiration of the time for filing a claim provided in Section 19100 i
• § 19104 — (a) Subject to subdivision (b), if a claim is filed within the time provided in this chapter, the creditor may later amend or revise the claim.
• § 19150 — (a) A claim may be filed by the creditor or a person acting on behalf of the claimant.
• § 19151 — (a) A claim shall be supported by the affidavit of the creditor or the person on behalf of the claimant stating: (1) The claim is a just claim.
• § 19152 — (a) If a claim is based on a written instrument, either the original or a copy of the original with all endorsements shall be attached to the claim.
• § 19153 — The Judicial Council may adopt a claim form which shall inform the creditor that the claim must be filed with the court and a copy delivered to the trustee pursuant to Section 1215.
• § 19154 — (a) Notwithstanding any other provision of this part, if a creditor makes a written demand for payment within the time specified in Section 19100, the trustee may waive formal defects and elect to tre
• § 19200 — (a) Except as provided in this chapter, a claim by a public entity shall be filed within the time otherwise provided in this part.
• § 19201 — (a) Notwithstanding any other statute, if a claim of a public entity arises under a law, act, or code listed in subdivision (b): (1) The public entity may provide a form to be used for the written not
• § 19202 — (a) If the trustee knows or has reason to believe that the deceased settlor received health care under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3
• § 19203 — If property in the trust is distributed before expiration of the time allowed a public entity to file a claim, the public entity has a claim against the distributees to the full extent of the public e
• § 19204 — Nothing in this chapter shall be construed to affect the order of priority of debts provided for under other provisions of law.
• § 19205 — This chapter does not apply to liability for the restitution of amounts illegally acquired through the means of a fraudulent, false, or incorrect representation, or a forged or unauthorized endorsemen
• § 19250 — When a claim is filed, the trustee shall allow or reject the claim in whole or in part.
• § 19251 — (a) Any allowance or rejection shall be in writing.
• § 19252 — The trustee shall have the power to pay any claim or portion of a claim and payment shall constitute allowance of the claim to the extent of the payment.
• § 19253 — (a) A claim barred by the statute of limitations may not be allowed by the trustee.