California

Probate Code

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

• § 21225 — Article 2 (commencing with Section 21205) does not apply to any of the following: (a) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested
• § 21230 — The lives of individuals selected to govern the time of vesting pursuant to Article 2 (commencing with Section 21205) of Chapter 1 may not be so numerous or so situated that evidence of their deaths i
• § 21231 — In determining the validity of a nonvested property interest pursuant to Article 2 (commencing with Section 21205) of Chapter 1, an individual described as the spouse of an individual alive at the com
• § 21310 — As used in this part: (a) “Contest” means a pleading filed with the court by a beneficiary that would result in a penalty under a no contest clause, if the no contest clause is enforced.
• § 21311 — (a) A no contest clause shall only be enforced against the following types of contests: (1) A direct contest that is brought without probable cause.
• § 21312 — In determining the intent of the transferor, a no contest clause shall be strictly construed.
• § 21313 — This part is not intended as a complete codification of the law governing enforcement of a no contest clause.
• § 21314 — This part applies notwithstanding a contrary provision in the instrument.
• § 21315 — (a) This part applies to any instrument, whenever executed, that became irrevocable on or after January 1, 2001.
• § 21360 — The definitions in this chapter govern the construction of this part.
• § 21362 — (a) “Care custodian” means a person who provides health or social services to a dependent adult, except that “care custodian” does not include a person who provided services without remuneration if th
• § 21364 — “Cohabitant” has the meaning provided in Section 13700 of the Penal Code.
• § 21366 — “Dependent adult” means a person who, at the time of executing the instrument at issue under this part, was a person described in either of the following: (a) The person was 65 years of age or older a
• § 21368 — “Domestic partner” has the meaning provided in Section 297 of the Family Code.
• § 21370 — “Independent attorney” means an attorney who has no legal, business, financial, professional, or personal relationship with the beneficiary of a donative transfer at issue under this part, and who wou
• § 21374 — (a) A person who is “related by blood or affinity” to a specified person means any of the following persons: (1) A spouse or domestic partner of the specified person.
• § 21380 — (a) A provision of an instrument making a donative transfer to any of the following persons is presumed to be the product of fraud or undue influence: (1) The person who drafted the instrument.
• § 21382 — Section 21380 does not apply to any of the following instruments or transfers: (a) Except as provided in paragraph (4) of subdivision (a) of Section 21380, a donative transfer to a person who is relat
• § 21384 — (a) A donative transfer is not subject to Section 21380 if the instrument is reviewed by an independent attorney who counsels the transferor, out of the presence of any heir or proposed beneficiary, a
• § 21385 — (a) An at-death transfer, as defined in Section 21104, between spouses by will, revocable trust, beneficiary form, or other instrument is not subject to Section 721 of the Family Code or any presumpti
• § 21386 — If a donative transfer fails under this part, the instrument making the donative transfer shall operate as if the beneficiary had predeceased the transferor without spouse, domestic partner, or issue.
• § 21388 — (a) A person is not liable for transferring property pursuant to an instrument that is subject to the presumption created under this part, unless the person is served with notice, prior to transferrin
• § 21390 — This part applies notwithstanding a contrary provision in an instrument.
• § 21392 — (a) This part shall apply to instruments that become irrevocable on or after January 1, 2011.
• § 21400 — Notwithstanding any other provision of this part, if the instrument provides for abatement, or if the transferor’s plan or if the purpose of the transfer would be defeated by abatement as provided in
• § 21401 — Except as provided in Sections 21612 (omitted spouse) and 21623 (omitted children) and in Division 10 (commencing with Section 20100) (proration of taxes), shares of beneficiaries abate as provided in
• § 21402 — (a) Shares of beneficiaries abate in the following order: (1) Property not disposed of by the instrument.
• § 21403 — (a) Subject to subdivision (b), shares of beneficiaries abate pro rata within each class specified in Section 21402.
• § 21404 — If an instrument requires property that is the subject of a specific gift to be exonerated from a mortgage, deed of trust, or other lien, a specific gift of other property does not abate for the purpo
• § 21405 — (a) In any case in which there is abatement when a distribution is made during estate administration, the court shall fix the amount each distributee must contribute for abatement.
• § 21406 — (a) This part does not apply to a gift made before July 1, 1989.
• § 215 — Where a deceased person has received or may have received health care under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfar
• § 21500 — As used in this part, “Internal Revenue Code” means the Internal Revenue Code of 1986, as amended from time to time.
• § 21501 — (a) This part applies to a distribution made on or after January 1, 1988, whether the transferor died before, on, or after that date.
• § 21502 — (a) This part does not apply to an instrument the terms of which expressly or by necessary implication make this part inapplicable.
• § 21503 — (a) If an instrument includes a formula intended to eliminate the federal estate tax, the formula shall be applied to eliminate or to reduce to the maximum extent possible the federal estate tax.
• § 21520 — As used in this chapter: (a) “Marital deduction” means the federal estate tax deduction allowed for transfers under Section 2056 of the Internal Revenue Code or the federal gift tax deduction allowed
• § 21521 — Sections 21524 and 21526 do not apply to a trust that qualifies for the marital deduction under Section 20.
• § 21522 — If an instrument contains a marital deduction gift: (a) The provisions of the instrument, including any power, duty, or discretionary authority given to a fiduciary, shall be construed to comply with
• § 21523 — (a) The Economic Recovery Tax Act of 1981 was enacted August 13, 1981.
• § 21524 — If a marital deduction gift is made in trust, in addition to the other provisions of this chapter, each of the following provisions also applies to the marital deduction trust: (a) The transferor’s sp
• § 21525 — (a) If an instrument that makes a marital deduction gift includes a condition that the transferor’s spouse survive the transferor by a period that exceeds or may exceed six months, other than a condit
• § 21526 — A fiduciary is not liable for a good faith decision to make any election, or not to make any election, referred to in Section 2056(b)(7) or Section 2523(f) of the Internal Revenue Code.
• § 21540 — If an instrument indicates the transferor’s intention to comply with the Internal Revenue Code requirements for a charitable remainder unitrust or a charitable remainder annuity trust as each is defin
• § 21541 — If an instrument indicates the transferor’s intention to comply with the requirements for a charitable lead trust as described in Section 170(f)(2)(B) and Section 2055(e)(2) or Section 2522(c)(2) of t
• § 216 — (a) For the purposes of this section “confined” means to be confined in a prison or facility under the jurisdiction of the Department of Corrections and Rehabilitation, or its Division of Juvenile Fac
• § 21600 — This part shall apply to property passing by will through a decedent’s estate or by a trust, as defined in Section 82, that becomes irrevocable only on the death of the settlor.
• § 21601 — (a) For purposes of this part, “decedent’s testamentary instruments” means the decedent’s will or revocable trust.
• § 21610 — Except as provided in Section 21611, if a decedent fails to provide in a testamentary instrument for the decedent’s surviving spouse who married the decedent after the execution of all of the decedent
• § 21611 — The spouse shall not receive a share of the estate under Section 21610 if any of the following is established: (a) The decedent’s failure to provide for the spouse in the decedent’s testamentary instr
• § 21612 — (a) Except as provided in subdivision (b), in satisfying a share provided by this chapter: (1) The share will first be taken from the decedent’s estate not disposed of by will or trust, if any.
• § 21620 — Except as provided in Section 21621, if a decedent fails to provide in a testamentary instrument for a child of decedent born or adopted after the execution of all of the decedent’s testamentary instr
• § 21621 — A child shall not receive a share of the estate under Section 21620 if any of the following is established: (a) The decedent’s failure to provide for the child in the decedent’s testamentary instrumen
• § 21622 — If, at the time of the execution of all of decedent’s testamentary instruments effective at the time of decedent’s death, the decedent failed to provide for a living child solely because the decedent
• § 21623 — (a) Except as provided in subdivision (b), in satisfying a share provided by this chapter: (1) The share will first be taken from the decedent’s estate not disposed of by will or trust, if any.
• § 21630 — This part does not apply if the decedent died before January 1, 1998.
• § 217 — (a) A business that receives an oral or written request from a family member, attorney, or personal representative of a deceased person to cancel that person’s services may not require an in-person ca
• § 21700 — (a) A contract to make a will or devise or other instrument, or not to revoke a will or devise or other instrument, or to die intestate, if made after the effective date of this statute, can be establ
• § 22 — “Account in an insured credit union” means a share account in a credit union, either federally chartered or state licensed, that is insured under Title II of the Federal Credit Union Act (12 U.
• § 220 — Except as otherwise provided in this chapter, if the title to property or the devolution of property depends upon priority of death and it cannot be established by clear and convincing evidence that o
• § 2200 — (a) The superior court has jurisdiction of guardianship and conservatorship proceedings.
• § 2201 — The proper county for the commencement of a guardianship or conservatorship proceeding for a resident of this state is either of the following: (a) The county in which the proposed ward or proposed co
• § 2202 — (a) The proper county for the commencement of a proceeding for the guardianship or conservatorship of the person of a nonresident of this state is either of the following: (1) The county in which the
• § 2203 — (a) If proceedings for the guardianship or conservatorship of the estate are commenced in more than one county, the guardianship or conservatorship of the estate first granted, including a temporary g
• § 2204 — (a) If a proceeding for the guardianship of the person of the minor is filed in one county and a custody or visitation proceeding has already been filed in one or more other counties, the following sh
• § 2205 — (a) Except as provided in Section 304 of the Welfare and Institutions Code, and subject to the provisions specified in subdivision (b), upon the filing of an order appointing a guardian of the person
• § 221 — (a) This chapter does not apply in any case where Section 103, 6211, or 6403 applies.
• § 2210 — As used in this article: (a) “Guardian or conservator” includes a proposed guardian or proposed conservator.
• § 2211 — The court in which a guardianship or conservatorship proceeding is pending may, upon petition therefor, transfer the proceeding to another county within this state.
• § 2212 — The petition for transfer may be filed only by one or more of the following: (a) The guardian or conservator.
• § 2213 — The petition for transfer shall set forth all of the following: (a) The county to which the proceeding is to be transferred.
• § 2214 — Notice of the hearing shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
• § 2215 — (a) Any of the following persons may appear at the hearing to support or oppose the petition and may file written objections to the petition: (1) Any person required to be listed in the petition.
• § 2216 — (a) Upon the order of transfer, the clerk shall transmit to the clerk of the court to which the proceeding is transferred a certified or exemplified copy of the order, together with all papers in the
• § 2217 — (a) When an order has been made transferring venue to another county, the court transferring the matter shall set a hearing within two months to confirm receipt of the notification described in subdiv
• § 222 — (a) If property is so disposed of that the right of a beneficiary to succeed to any interest in the property is conditional upon surviving another person and it cannot be established by clear and conv
• § 223 — (a) As used in this section, “joint tenants” includes owners of property held under circumstances that entitled one or more to the whole of the property on the death of the other or others.
• § 224 — If the insured and a beneficiary under a policy of life or accident insurance have died and it cannot be established by clear and convincing evidence that the beneficiary survived the insured, the pro
• § 2250 — (a) On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the guardian or conservator may file a petition for appointmen
• § 2250.2 — (a) On or after the filing of a petition for appointment of a conservator, any person entitled to petition for appointment of the conservator may file a petition for appointment of a temporary conserv
• § 2250.4 — The proposed temporary conservatee shall attend the hearing except in the following cases: (a) If the proposed temporary conservatee is out of the state when served and is not the petitioner.
• § 2250.6 — (a) Regardless of whether the proposed temporary conservatee attends the hearing, the court investigator shall do all of the following before the hearing, unless it is not feasible to do so, in which
• § 2250.8 — Sections 2250, 2250.
• § 2251 — A temporary guardian or temporary conservator shall be issued letters of temporary guardianship or conservatorship upon taking the oath and filing the bond as in the case of a guardian or conservator.
• § 2252 — (a) Except as otherwise provided in subdivisions (b) and (c), a temporary guardian or temporary conservator has only those powers and duties of a guardian or conservator that are necessary to provide
• § 2253 — (a) If a temporary conservator of the person proposes to fix the residence of the conservatee at a place other than that where the conservatee resided before the commencement of the proceedings, that
• § 2254 — (a) Notwithstanding Section 2253, a temporary conservator may remove a temporary conservatee from the temporary conservatee’s place of residence without court authorization if an emergency exists.
• § 2255 — (a) Except as provided in subdivision (b), an inventory and appraisal of the estate shall be filed by the temporary guardian or temporary conservator of the estate as required by Article 2 (commencing
• § 2256 — (a) Except as provided in subdivision (b), the temporary guardian or temporary conservator of the estate shall present his or her account to the court for settlement and allowance within 90 days after
• § 2257 — (a) Except as provided in subdivision (b), the powers of a temporary guardian or temporary conservator terminate, except for the rendering of the account, at the earliest of the following times: (1) T
• § 2258 — A temporary guardian or temporary conservator is subject to the provisions of this division governing the suspension, removal, resignation, and discharge of a guardian or conservator.
• § 226 — This chapter does not apply where a person the priority of whose death is in issue died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where none of the pe
• § 23 — (a) “Account in an insured savings and loan association” means a savings account or mutual capital certificate of either of the following: (1) A federal association.
• § 230 — A petition may be filed under this chapter for any one or more of the following purposes: (a) To determine for the purposes of Section 103, 220, 222, 223, 224, 6211, 6242, 6243, 6403, 21109, 21110 or
• § 2300 — Before the appointment of a guardian or conservator is effective, including, but not limited to, the appointment of a conservator under Section 2002, the guardian or conservator shall: (a) Take an oat
• § 231 — A petition may be filed under this chapter by any of the following: (a) The personal representative of any person the priority of whose death is in issue under the applicable provision referred to in
• § 2310 — (a) The appointment, the taking of the oath, and the filing of the bond, if required, shall thereafter be evidenced by the issuance of letters by the clerk of the court.
• § 2311 — Except as otherwise required by the order of appointment, the letters of guardianship or conservatorship shall be in substantially the same form as letters of administration.
• § 2313 — Except in temporary conservatorships, a conservator of the estate shall record a certified copy of the letters with the county recorder’s office in each county in which the conservatee owns an interes
• § 232 — (a) The petition shall be filed in the estate proceeding in which the person filing the petition received his or her appointment or in the estate proceeding for the estate in which the person filing t
• § 2320 — (a) Except as otherwise provided by statute, every person appointed as guardian or conservator shall, before letters are issued, give a bond approved by the court.
• § 2320.1 — When the conservator or guardian has knowledge of facts from which the guardian or conservator knows or should know that the bond posted is less than the amount required under Section 2320, the conser
• § 2320.2 — If additional bond is required by the court when the account is heard, the order approving the account and related matters, including fees, is not effective and the court shall not file the order unti
• § 2321 — (a) Notwithstanding any other provision of law, the court in a conservatorship proceeding may not waive the filing of a bond or reduce the amount of bond required, without a good cause determination b
• § 2322 — One appointed only as guardian of the person or conservator of the person need not file a bond unless required by the court.
• § 2323 — (a) The court may dispense with the requirement of a bond if it appears likely that the estate will satisfy the conditions of subdivision (a) of Section 2628 for its duration.
• § 2324 — If the person making the nomination has waived the filing of the bond, a guardian nominated under Section 1500 or 1501 need not file a bond unless required by the court.
• § 2325 — The surety on the bond of a nonprofit charitable corporation described in Section 2104 shall be an admitted surety insurer.
• § 2326 — (a) If joint guardians or conservators are appointed, the court may order that separate bonds or a joint bond or a combination thereof be furnished.
• § 2327 — (a) In a conservatorship proceeding, the court shall order a separate bond for each conservatee, except where the assets of the conservatees are commingled in which case a combined bond that covers al
• § 2328 — (a) In any proceeding to determine the amount of the bond of the guardian or conservator (whether at the time of appointment or subsequently), if the estate includes property which has been or will be
• § 2329 — (a) If a guardian or conservator moves the court for reduction in the amount of the bond, the motion shall include an affidavit setting forth the condition of the estate.
• § 233 — Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) The personal representative of each person the priority of whose death is in issue
• § 2330 — Upon the confirmation of the sale of any real property of the estate, or upon the authorization of the borrowing of money secured by a mortgage or deed of trust on real property of the estate, the gua
• § 2333 — (a) In case of a breach of a condition of the bond, an action may be brought against the sureties on the bond for the use and benefit of the ward or conservatee or of any person interested in the esta
• § 2334 — Where a petition is filed requesting an order that a guardian or conservator be required to give a bond where no bond was originally required, or an objection is made to the sufficiency of the bond, a
• § 2335 — A guardian or conservator who applies for a substitution and release of a surety shall file an account with the application.
• § 234 — If the court determines that the named persons are dead and that it has not been established by clear and convincing evidence that one person survived another, the court shall make an order to that ef
• § 2340 — A superior court may not appoint a person to carry out the duties of a professional fiduciary, or permit a person to continue those duties, unless he or she holds a valid, unexpired, unsuspended licen
• § 2341 — This article shall become operative on July 1, 2008.
• § 2350 — As used in this chapter: (a) “Conservator” means the conservator of the person.
• § 2351 — (a) Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of the education of, the ward or conservatee.
• § 2351.2 — (a) (1) Within 120 calendar days of appointment by the court and no later than 10 days before a hearing to determine the continuation or termination of an existing conservatorship, a conservator grant
• § 2351.5 — (a) Subject to subdivision (b): (1) The limited conservator has the care, custody, and control of the limited conservatee.
• § 2352 — (a) The guardian may establish the residence of the ward at any place within this state without the permission of the court.
• § 2352.5 — (a) It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate residence for the conservatee.
• § 2353 — (a) Subject to subdivision (b), the guardian has the same right as a parent having legal custody of a child to give consent to medical treatment performed upon the ward and to require the ward to rece
• § 2354 — (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his or her medical treatment.
• § 2355 — (a) If the conservatee has been adjudicated to lack the capacity to make health care decisions, the conservator has the exclusive authority to make health care decisions for the conservatee that the c
• § 2356 — (a) A ward or conservatee shall not be placed in a mental health treatment facility under this division against his or her will.
• § 2356.5 — (a) The Legislature hereby finds and declares all of the following: (1) That a person with a major neurocognitive disorder, as defined in the last published edition of the Diagnostic and Statistical M
• § 2357 — (a) As used in this section: (1) “Guardian or conservator” includes a temporary guardian of the person or a temporary conservator of the person.
• § 2358 — When a guardian or conservator is appointed, the court may, with the consent of the guardian or conservator, insert in the order of appointment conditions not otherwise obligatory providing for the ca
• § 2359 — (a) Upon petition of the guardian or conservator or ward or conservatee or other interested person, the court may authorize and instruct the guardian or conservator or approve and confirm the acts of
• § 2360 — Upon the establishment of a conservatorship by the court and annually thereafter, the conservator shall ensure that a clear photograph of the conservatee is taken and preserved for the purpose of iden
• § 2361 — (a) A conservator shall provide notice of a conservatee’s death by delivering pursuant to Section 1215 a copy of the notice to all persons entitled to notice under Section 1460, including, but not lim
• § 24 — “Beneficiary” means a person to whom a donative transfer of property is made or that person’s successor in interest, and: (a) As it relates to the intestate estate of a decedent, means an heir.
• § 240 — If a statute calls for property to be distributed or taken in the manner provided in this section, the property shall be divided into as many equal shares as there are living members of the nearest ge
• § 2400 — As used in this chapter: (a) “Conservator” means the conservator of the estate, or the limited conservator of the estate to the extent that the powers and duties of the limited conservator are specifi
• § 2401 — (a) The guardian or conservator, or limited conservator to the extent specifically and expressly provided in the appointing court’s order, has the management and control of the estate and, in managing
• § 2401.1 — The guardian or conservator shall use ordinary care and diligence to determine whether the ward or conservatee owns real property in a foreign jurisdiction and to preserve and protect that property.
• § 2401.3 — (a) If the guardian or conservator breaches a fiduciary duty, the guardian or conservator is chargeable with any of the following that is appropriate under the circumstances: (1) Any loss or depreciat
• § 2401.5 — (a) If the guardian or conservator is liable for interest pursuant to Section 2401.
• § 2401.6 — Any surcharge that a guardian or conservator incurs under the provisions of Sections 2401.
• § 2401.7 — The provisions of Sections 2401.
• § 2402 — When a guardian or conservator is appointed, the court may, with the consent of the guardian or conservator, insert in the order of appointment conditions not otherwise obligatory providing for the ca
• § 2403 — (a) Upon petition of the guardian or conservator, the ward or conservatee, a creditor, or other interested person, the court may authorize and instruct the guardian or conservator, or approve and conf
• § 2404 — (a) If the guardian or conservator fails, neglects, or refuses to furnish comfortable and suitable support, maintenance, or education for the ward or conservatee as required by this division, or to pa
• § 2405 — If there is a dispute relating to the estate between the guardian or conservator and a third person, the guardian or conservator, or the limited conservator to the extent specifically and expressly pr
• § 2406 — If there is a dispute relating to the estate between the guardian or conservator and a third person, the guardian or conservator may enter into an agreement in writing with the third person to submit
• § 2407 — This chapter applies to property owned by spouses as community property only to the extent authorized by Part 6 (commencing with Section 3000).
• § 2408 — Nothing in this chapter limits or restricts any authority granted to a guardian or conservator pursuant to Article 11 (commencing with Section 2590) to administer the estate under that article.
• § 241 — Section 240 does not apply where the death of the decedent in the case of intestate succession or of the testator, settlor, or other transferor occurred before January 1, 1985, and the law applicable
• § 2410 — On or before January 1, 2008, the Judicial Council, in consultation with the California Judges Association, the California Association of Superior Court Investigators, the California State Association
• § 2420 — (a) Subject to Section 2422, the guardian or conservator shall apply the income from the estate, so far as necessary, to the comfortable and suitable support, maintenance, and education of the ward or
• § 2421 — (a) Upon petition of the guardian or conservator or the ward or conservatee, the court may authorize the guardian or conservator to pay to the ward or conservatee out of the estate a reasonable allowa
• § 2422 — (a) Upon petition of the guardian or conservator, the ward or conservatee, or any other interested person, the court may for good cause order the ward or conservatee to be wholly or partially supporte
• § 2423 — (a) Upon petition of the conservator, the conservatee, the spouse or domestic partner of the conservatee, or a relative within the second degree of the conservatee, the court may by order authorize or
• § 2430 — (a) Subject to subdivisions (b) and (c), the guardian or conservator shall pay the following from any principal and income of the estate: (1) The debts incurred by the ward or conservatee before creat
• § 2431 — (a) Subject to subdivision (d), the guardian or conservator may petition the court under Section 2403 for instructions when there is doubt whether a wage claim should be paid under this section.
• § 245 — (a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 240 of the Probate Code,” or where a will, trust, or other instrument that
• § 2450 — (a) Unless this article specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this article may be exercised or performed
• § 2451 — The guardian or conservator may collect debts and benefits due to the ward or conservatee and the estate.
• § 2451.5 — The guardian or conservator may do any of the following: (a) Contract for the guardianship or conservatorship, perform outstanding contracts, and, thereby, bind the estate.
• § 2452 — (a) The guardian or conservator may endorse and cash or deposit any checks, warrants, or drafts payable to the ward or conservatee which constitute property of the estate.
• § 2453 — The guardian or conservator may deposit money belonging to the estate in an insured account in a financial institution in this state.
• § 2453.5 — (a) Subject to subdivision (b), where a trust company is a guardian or conservator and in the exercise of reasonable judgment deposits money of the estate in an account in any department of the corpor
• § 2454 — The guardian or conservator may deposit personal property of the estate with a trust company for safekeeping.
• § 2455 — (a) A trust company serving as guardian or conservator may deposit securities that constitute all or part of the estate in a securities depository as provided in Section 775 of the Financial Code.
• § 2456 — (a) Upon application of the guardian or conservator, the court may, with or without notice, order that money or other personal property be deposited pursuant to Section 2453 or 2454, and be subject to
• § 2457 — The guardian or conservator may maintain in good condition and repair the home or other dwelling of either or both of the following: (a) The ward or conservatee.
• § 2458 — With respect to a share of stock of a domestic or foreign corporation held in the estate, a membership in a nonprofit corporation held in the estate, or other property held in the estate, a guardian o
• § 2459 — (a) The guardian or conservator may obtain, continue, renew, modify, terminate, or otherwise deal in any of the following for the purpose of providing protection to the ward or conservatee or a person
• § 246 — (a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 246 of the Probate Code,” the property to be distributed shall be divided
• § 2460 — The guardian or conservator may insure: (a) Property of the estate against loss or damage.
• § 2461 — (a) The guardian or conservator may prepare, execute, and file tax returns for the ward or conservatee and for the estate and may exercise options and elections and claim exemptions for the ward or co
• § 2462 — Subject to Section 2463, unless another person is appointed for that purpose, the guardian or conservator may: (a) Commence and maintain actions and proceedings for the benefit of the ward or conserva
• § 2463 — (a) The guardian or conservator may bring an action against the other cotenants for partition of any property in which the ward or conservatee has an undivided interest if the court has first made an
• § 2464 — (a) If it is to the advantage of the estate to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage or sale under the deed of trust, the gua
• § 2465 — The guardian or conservator may dispose of or abandon valueless property.
• § 2466 — The guardian or conservator may advance the guardian’s or conservator’s own funds for the benefit of the ward or conservatee or the estate and may reimburse the advance out of the income and principal
• § 2467 — (a) The guardian or conservator continues to have the duty of custody and conservation of the estate after the death of the ward or conservatee pending the delivery thereof to the personal representat
• § 2468 — (a) The conservator of the estate of a disabled attorney who was engaged in the practice of law at the time of his or her disability, or other person interested in the estate, may bring a petition see
• § 2469 — (a) Commencing January 1, 2024, when a professional fiduciary becomes incapacitated and a vacancy exists, the incapacitated fiduciary’s conservator, agent under a power of attorney for asset managemen
• § 247 — (a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 247 of the Probate Code,” the property to be distributed shall be divided
• § 248 — When title to real or personal property, or any interest therein, vests, other than by laws of succession, on the heirs, heirs of the body, issue, or children of any person, without other description,
• § 248.5 — The clerk shall set the petition for hearing by the court and give notice thereof in the manner provided in Sections 1230 and 1260.
• § 249 — At any time before the hearing any person interested in the property may answer the petition and deny any of the matters contained therein.
• § 249.5 — For purposes of determining rights to property to be distributed upon the death of a decedent, a child of the decedent conceived and born after the death of the decedent shall be deemed to have been b
• § 249.6 — (a) Upon timely receipt of the notice required by Section 249.
• § 249.7 — If the written notice required pursuant to Section 249.
• § 249.8 — Notwithstanding Section 249.
• § 250 — (a) A person who feloniously and intentionally kills the decedent is not entitled to any of the following: (1) Any property, interest, or benefit under a will of the decedent, or a trust created by or
• § 2500 — (a) Unless this article or some other applicable statute requires court authorization or approval, if it is to the advantage of the estate, the guardian or conservator may do any of the following with
• § 2501 — (a) Except as provided in subdivision (b), court approval is required for a compromise, settlement, extension, renewal, or modification which affects any of the following: (1) Title to real property.
• § 2502 — Court approval is required for a compromise or settlement of a matter when the transaction requires the transfer or encumbrance of property of the estate, or the creation of an unsecured liability of
• § 2503 — Court approval is required for any of the following: (a) A compromise or settlement of a claim by the ward or conservatee against the guardian or conservator or against the attorney for the guardian o
• § 2504 — Court approval is required for the compromise or settlement of any of the following: (a) A claim for the support, maintenance, or education of (1) the ward or conservatee, or (2) a person whom the war
• § 2505 — (a) Subject to subdivision (c), where the claim or matter is the subject of a pending action or proceeding, the court approval required by this article shall be obtained from the court in which the ac
• § 2506 — Where approval of the court in which the guardianship or conservatorship proceeding is pending is required under this article, the guardian or conservator shall file a petition with the court showing