California

Probate Code

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

• § 2507 — Notwithstanding Sections 2500 to 2506, inclusive: (a) Whenever another statute requires, provides a procedure for, or dispenses with court approval of a compromise, settlement, extension, renewal, or
• § 251 — A joint tenant who feloniously and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent’s prope
• § 252 — A named beneficiary of a bond, life insurance policy, or other contractual arrangement who feloniously and intentionally kills the principal obligee or the person upon whose life the policy is issued
• § 253 — In any case not described in Section 250, 251, or 252 in which one person feloniously and intentionally kills another, any acquisition of property, interest, or benefit by the killer as a result of th
• § 254 — (a) A final judgment of conviction of felonious and intentional killing is conclusive for purposes of this part.
• § 2540 — (a) Except as otherwise provided in Sections 2544 and 2545, and except for the sale of a conservatee’s present or former personal residence as set forth in subdivision (b), sales of real or personal p
• § 2541 — The guardian or conservator may sell real or personal property of the estate, consent and agree to partition of real or personal property of the estate, or bring an action for partition of real or per
• § 2541.5 — Notwithstanding Section 2541, the court may authorize a conservator to sell a conservatee’s present or former personal residence, consent and agree to partition of a conservatee’s present or former pe
• § 2542 — (a) All sales shall be for cash or for part cash and part deferred payments.
• § 2543 — (a) If estate property is required or permitted to be sold, the guardian or conservator may: (1) Use discretion as to which property to sell first.
• § 2544 — (a) Except as specifically limited by order of the court, subject to Section 2541, the guardian or conservator may sell securities without authorization, confirmation, or direction of the court if any
• § 2544.5 — Except as specifically limited by the court, subject to Section 2541, the guardian or conservator may sell mutual funds held without designation of a beneficiary without authorization, confirmation, o
• § 2545 — (a) Subject to subdivisions (b) and (c) and to Section 2541, the guardian or conservator may sell or exchange tangible personal property of the estate without authorization, confirmation, or direction
• § 2547 — The guardian or conservator shall apply the proceeds of the sale to the purposes for which it was made, as far as necessary, and the residue, if any, shall be managed as the other property of the esta
• § 2548 — No action for the recovery of any property sold by a guardian or conservator may be maintained by the ward or conservatee or by any person claiming under the ward or conservatee unless commenced withi
• § 255 — This part does not affect the rights of any person who, before rights under this part have been adjudicated, purchases from the killer for value and without notice property which the killer would have
• § 2550 — Except as otherwise provided by statute, a guardian or conservator may borrow money, lend money, give security, lease, convey, or exchange property of the estate, or engage in any other transaction un
• § 2551 — (a) In any case described in Section 2541 or Section 2552, the guardian or conservator, after authorization by order of the court, may borrow money upon a note, either unsecured or to be secured by a
• § 2552 — (a) The guardian or conservator may give a security interest or other lien upon the personal property of the estate or any part thereof or a mortgage or deed of trust upon the real property of the est
• § 2552.5 — For the purpose of this article, if a lease gives the lessee the right to extend the term of the lease, the length of the term shall be considered as though the right to extend had been exercised.
• § 2553 — (a) Except as provided in Section 2555, leases may be executed by the guardian or conservator with respect to the property of the estate only after authorization by order of the court.
• § 2554 — (a) An order authorizing the execution of a lease shall set forth the minimum rental or royalty or both and the period of the lease, which shall be for such time as the court may authorize.
• § 2555 — If it is to the advantage of the estate, the guardian or conservator may lease, as lessor, real property of the estate without authorization of the court in either of the following cases: (a) Where th
• § 2556 — (a) If it is for the advantage, benefit, and best interests of the estate and those interested therein, the guardian or conservator, after authorization by order of the court, may do any of the follow
• § 2557 — (a) Whenever it is for the advantage, benefit, and best interests of the ward or conservatee and those legally entitled to support, maintenance, or education from the ward or conservatee, the guardian
• § 256 — An insurance company, financial institution, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this part, unless prior to payment it has rec
• § 257 — This part does not apply where the decedent was killed before January 1, 1985; and the law applicable prior to January 1, 1985, continues to apply where the decedent was killed before January 1, 1985.
• § 2570 — (a) The guardian or conservator, after authorization by order of the court, may invest the proceeds of sales and any other money of the estate as provided in the order.
• § 2571 — When authorized by order of the court under Section 2570, the guardian or conservator may purchase: (a) Real property in this state as a home for the ward or conservatee if such purchase is for the ad
• § 2572 — An order authorizing the guardian or conservator to purchase real property may authorize the guardian or conservator to join with the spouse of the ward or the spouse or domestic partner of the conser
• § 2573 — An order authorizing investment in bonds issued by any state or of any city, county, city and county, political subdivision, public corporation, district, or special district of any state may authoriz
• § 2574 — (a) Subject to subdivision (b), the guardian or conservator, without authorization of the court, may invest funds of the estate pursuant to this section in: (1) Direct obligations of the United States
• § 258 — A person who feloniously and intentionally kills the decedent is not entitled to bring an action for wrongful death of the decedent or to benefit from the action brought by the decedent’s personal rep
• § 2580 — (a) The conservator or other interested person may file a petition under this article for an order of the court authorizing or requiring the conservator to take a proposed action for any one or more o
• § 2581 — Notice of the hearing of the petition shall be given, regardless of age, for the period and in the manner provided in Chapter 3 (commencing with Section 1460) or Part 1 to all of the following: (a) Th
• § 2582 — The court may make an order authorizing or requiring the proposed action under this article only if the court determines all of the following: (a) The conservatee either (1) is not opposed to the prop
• § 2583 — In determining whether to authorize or require a proposed action under this article, the court shall take into consideration all the relevant circumstances, which may include, but are not limited to,
• § 2584 — After hearing, the court, in its discretion, may approve, modify and approve, or disapprove the proposed action and may authorize or direct the conservator to transfer or dispose of assets or take oth
• § 2585 — Nothing in this article imposes any duty on the conservator to propose any action under this article, and the conservator is not liable for failure to propose any action under this article.
• § 2586 — (a) As used in this section, “estate plan of the conservatee” includes, but is not limited to, the conservatee’s will, any trust of which the conservatee is the settlor or beneficiary, any power of ap
• § 259 — (a) Any person shall be deemed to have predeceased a decedent to the extent provided in subdivision (c) where all of the following apply: (1) It has been proven by clear and convincing evidence that t
• § 2590 — (a) The court may, in its discretion, make an order granting the guardian or conservator any one or more or all of the powers specified in Section 2591 if the court determines that, under the circumst
• § 2591 — The powers referred to in Section 2590 are: (a) The power to operate, for a period longer than 45 days, at the risk of the estate a business, farm, or enterprise constituting an asset of the estate.
• § 2591.5 — (a) Notwithstanding any other provisions of this article, a conservator seeking an order under Section 2590 authorizing a sale of the conservatee’s personal residence shall demonstrate to the court th
• § 2592 — (a) The guardian or conservator may apply by petition for an order under Section 2590.
• § 2593 — (a) The court, on its own motion or on petition of any interested person, when it appears to be for the best interests of the ward or conservatee or the estate, may withdraw any or all of the powers p
• § 2594 — (a) When a power or powers are granted pursuant to this article, the letters of guardianship or conservatorship shall state the power or powers so granted and the restrictions, conditions, or limitati
• § 2595 — (a) The grant of a power or powers pursuant to this article does not affect the right of the guardian or conservator to petition the court as provided in Section 2403 or to petition the court under ot
• § 26 — “Child” means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved.
• § 260 — Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
• § 2600 — As used in this chapter, unless the context otherwise requires: (a) “Conservator” means (1) the conservator of the estate or (2) the limited conservator of the estate to the extent that the powers and
• § 2601 — (a) Unless otherwise ordered by the court, if the ward or conservatee is employed at any time during the continuance of the guardianship or conservatorship: (1) The wages or salaries for such employme
• § 2610 — (a) Within 90 days after appointment, or within any further time as the court for reasonable cause upon ex parte petition of the guardian or conservator may allow, the guardian or conservator shall fi
• § 2611 — If the ward or conservatee is or has been during the guardianship or conservatorship a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Depart
• § 2612 — If a timely request is made, the clerk of court shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the county assessor.
• § 2613 — Whenever any property of the ward or conservatee is discovered that was not included in the inventory, or whenever any other property is received by the ward or conservatee or by the guardian or conse
• § 2614 — (a) Within 30 days after the inventory and appraisal is filed, the guardian or conservator or any creditor or other interested person may file written objections to any or all appraisals.
• § 2614.5 — (a) If the guardian or conservator fails to file an inventory and appraisal within the time allowed by law or by court order, upon request of the ward or conservatee, the spouse of the ward or the spo
• § 2614.7 — If a guardian or conservator of the person or estate, or both, is a professional fiduciary, as described in Section 2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter
• § 2614.8 — At any time on or after one year from the submission of an hourly fee schedule or another statement of proposed compensation under this section or under Section 1510, 1821, 2250, or 2614.
• § 2615 — If a guardian or conservator fails to file any inventory required by this article within the time prescribed by law or by court order, the guardian or conservator is liable for damages for any injury
• § 2616 — (a) A petition may be filed under this article by any one or more of the following: (1) The guardian or conservator.
• § 2617 — Interrogatories may be put to a person cited to answer interrogatories under Section 2616.
• § 2618 — (a) At an examination, witnesses may be produced and examined on either side.
• § 2619 — (a) On petition of the guardian or conservator, the court may issue a citation to a person who has possession or control of property in the estate of the ward or conservatee to appear before the court
• § 262 — “Beneficiary” means the person entitled, but for the person’s disclaimer, to take an interest.
• § 2620 — (a) At the expiration of one year from the time of appointment and thereafter not less frequently than biennially, unless otherwise ordered by the court to be more frequent, the guardian or conservato
• § 2620.1 — The Judicial Council shall, by January 1, 2009, develop guidelines to assist investigators and examiners in reviewing accountings and detecting fraud.
• § 2620.2 — (a) Whenever the conservator or guardian has failed to file an accounting as required by Section 2620, the court shall require that written notice be given to the conservator or guardian and the attor
• § 2621 — Notice of the hearing on the account of the guardian or conservator shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
• § 2622 — The ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward or conservatee, or any creditor or other interested person may
• § 2622.5 — (a) If the court determines that the objections were without reasonable cause and in bad faith, the court may order the objector to pay the compensation and costs of the conservator or guardian and ot
• § 2623 — (a) Except as provided in subdivision (b), the guardian or conservator shall be allowed all of the following: (1) The amount of the reasonable expenses incurred in the exercise of the powers and the p
• § 2625 — Any sale or purchase of property or other transaction not previously authorized, approved, or confirmed by the court is subject to review by the court upon the next succeeding account of the guardian
• § 2626 — If it appears upon the settlement of any account that the estate has been entirely exhausted through expenditures or disbursements which are approved by the court, the court, upon settlement of the ac
• § 2627 — (a) After a ward has reached majority, the ward may settle accounts with the guardian and give the guardian a release which is valid if obtained fairly and without undue influence.
• § 2628 — (a) The court may make an order that the guardian or conservator need not present the accounts otherwise required by this chapter so long as all of the following conditions are satisfied: (1) The esta
• § 263 — (a) “Creator of the interest” means a person who establishes, declares, creates, or otherwise brings into existence an interest.
• § 2630 — The termination of the relationship of guardian and ward or conservator and conservatee by the death of either, by the ward attaining majority, by the determination of the court that the guardianship
• § 2631 — (a) Upon the death of the ward or conservatee, the guardian or conservator may contract for and pay a reasonable sum for the expenses of the last illness and the disposition of the remains of the dece
• § 2632 — (a) As used in this section: (1) “Incapacitated” means lack of capacity to serve as guardian or conservator.
• § 2633 — Subject to Section 2630, where the guardianship or conservatorship terminates before the inventory of the estate has been filed, the court, in its discretion and upon such notice as the court may requ
• § 264 — “Disclaimant” means a beneficiary who executes a disclaimer on his or her own behalf or a person who executes a disclaimer on behalf of a beneficiary.
• § 2640 — (a) At any time after the filing of the inventory and appraisal, but not before the expiration of 90 days from the issuance of letters or any other period of time as the court for good cause orders, t
• § 2640.1 — (a) If a person has petitioned for the appointment of a particular conservator and another conservator was appointed while the petition was pending, but not before the expiration of 90 days from the i
• § 2641 — (a) At any time permitted by Section 2640 and upon the notice therein prescribed, the guardian or conservator of the person may petition the court for an order fixing and allowing compensation for ser
• § 2642 — (a) At any time permitted by Section 2640 and upon the notice therein prescribed, an attorney who has rendered legal services to the guardian or conservator of the person or estate or both, including
• § 2643 — (a) Except as provided in Section 2643.
• § 2643.1 — (a) On petition by a guardian or conservator of the person or estate, or both, who is a professional fiduciary, as described in Section 2340 and who is required to be licensed under the Professional F
• § 2644 — (a) Where it is to the advantage, benefit, and best interest of the ward or conservatee or the estate, the guardian or conservator of the estate may contract with an attorney for a contingent fee for
• § 2645 — (a) No attorney who is a guardian or conservator shall receive any compensation from the guardianship or conservatorship estate for legal services performed for the guardian or conservator unless the
• § 2646 — In proceedings under this chapter, the court shall only determine fees that are payable from the estate of the ward or conservatee and not limit fees payable from other sources.
• § 2647 — No attorney fees may be paid from the estate of the ward or conservatee without prior court order.
• § 265 — “Disclaimer” means any writing which declines, refuses, renounces, or disclaims any interest that would otherwise be taken by a beneficiary.
• § 2650 — A guardian or conservator may be removed for any of the following causes: (a) Failure to use ordinary care and diligence in the management of the estate.
• § 2651 — The ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward or conservatee, or any interested person may apply by petition
• § 2652 — 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.
• § 2653 — (a) The guardian or conservator, the ward or conservatee, the spouse of the ward or the spouse or registered domestic partner of the conservatee, a relative or friend of the ward or conservatee, and a
• § 2654 — Whenever it appears that the ward or conservatee or the estate may suffer loss or injury during the time required for notice and hearing under this article, the court, on its own motion or on petition
• § 2655 — (a) A guardian or conservator may be removed from office if the guardian or conservator is found in contempt for disobeying an order of the court.
• § 266 — “Employee benefit plan” includes, but is not limited to, any pension, retirement, death benefit, stock bonus, or profit-sharing plan, system, or trust.
• § 2660 — A guardian or conservator may at any time file with the court a petition tendering the resignation of the guardian or conservator.
• § 2662 — Whenever the court grants a petition removing the guardian or conservator of a minor ward or conservatee or tendering the resignation of the guardian or conservator of a minor ward or conservatee, if
• § 267 — (a) “Interest” includes the whole of any property, real or personal, legal or equitable, or any fractional part, share, or particular portion or specific assets thereof, or any estate in any such prop
• § 2670 — When for any reason a vacancy occurs in the office of guardian, the court may appoint a successor guardian, after notice and hearing as in the case of an original appointment of a guardian.
• § 2680 — When for any reason a vacancy occurs in the office of conservator, the court may appoint a successor conservator in the manner provided in this article.
• § 2681 — A petition for appointment of a successor conservator may be filed by any of the following: (a) The conservatee.
• § 2682 — (a) The petition shall request that a successor conservator be appointed for the person or estate, or both, and shall specify the name and address of the proposed successor conservator and the name an
• § 2683 — (a) At least 15 days before the hearing on the petition for appointment of a successor conservator, notice of the time and place of the hearing shall be given as provided in this section.
• § 2684 — Unless the petition states that the conservatee will be present at the hearing, the court investigator shall do all of the following: (a) Interview the conservatee personally.
• § 2685 — If the conservatee is present at the hearing, prior to making an order appointing a successor conservator the court shall do all of the following: (a) Inform the conservatee of the nature and purpose
• § 2686 — If the petition states that the conservatee will be present at the hearing and the conservatee fails to appear at the hearing, the court shall continue the hearing and direct the court investigator to
• § 2687 — The conservatee, the spouse, the domestic partner, or any relative or friend of the conservatee, or any other interested person may appear at the hearing to support or oppose the petition.
• § 2688 — (a) The court shall determine the question of who should be appointed as successor conservator according to the provisions of Article 2 (commencing with Section 1810) of Chapter 1 of Part 3.
• § 2689 — If the conservatee is an “absentee” as defined in Section 1403: (a) The petition for appointment of a successor conservator shall contain the matters required by Section 1841 in addition to the matter
• § 2700 — (a) (1) At any time after the issuance of letters of guardianship or conservatorship, the ward, if over 14 years of age or the conservatee, the spouse of the ward or the spouse or domestic partner of
• § 2701 — (a) A request for special notice may be modified or withdrawn in the same manner as provided for the making of the initial request.
• § 2702 — (a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant to this chapter for special notice of a hearing, the person filing the petition, account, or other p
• § 275 — A beneficiary may disclaim any interest, in whole or in part, by filing a disclaimer as provided in this part.
• § 276 — A disclaimer on behalf of a conservatee shall be made by the conservator of the estate of the conservatee pursuant to a court order obtained under Article 10 (commencing with Section 2580) of Chapter
• § 277 — (a) A disclaimer on behalf of a minor shall be made by the guardian of the estate of the minor if one has been appointed or, if none has been appointed, by a guardian ad litem of the minor.
• § 278 — The disclaimer shall be in writing, shall be signed by the disclaimant, and shall: (a) Identify the creator of the interest.
• § 279 — (a) A disclaimer to be effective shall be filed within a reasonable time after the person able to disclaim acquires knowledge of the interest.
• § 28 — “Community property” means: (a) Community property heretofore or hereafter acquired during marriage by a married person while domiciled in this state.
• § 280 — (a) A disclaimer shall be filed with any of the following: (1) The superior court in the county in which the estate of the decedent is administered or, if there is no administration of the decedent’s
• § 2800 — As used in this chapter, “foreign guardian or conservator” means a guardian, conservator, committee, or comparable fiduciary in another jurisdiction.
• § 2801 — Subject to the limitations and requirements of this chapter, the court in which the guardianship of the estate or conservatorship of the estate is pending may order the transfer of some or all of the
• § 2802 — A petition for an order authorizing a transfer may be filed by any of the following: (a) The guardian of the estate or the conservator of the estate.
• § 2803 — The petition shall set forth all of the following: (a) The name and address of: (1) The foreign guardian or conservator, who may but need not be the guardian or conservator appointed in this state.
• § 2804 — At least 30 days before the hearing, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to each person required to be listed
• § 2805 — Any of the following may appear and file written objections to the petition: (a) Any person required to be listed in the petition.
• § 2806 — The court may grant the petition and order the guardian or conservator to transfer some or all of the personal property of the estate to the foreign guardian or conservator if the court determines all
• § 2807 — If a transfer is ordered, the court may direct the manner of transfer and impose such terms and conditions as may be just.
• § 2808 — (a) If the court’s order provides for the transfer of all of the property of the estate to the foreign guardian or conservator, the court, upon settlement of the final account, shall order the guardia
• § 281 — A disclaimer, when effective, is irrevocable and binding upon the beneficiary and all persons claiming by, through, or under the beneficiary, including creditors of the beneficiary.
• § 282 — (a) Unless the creator of the interest provides for a specific disposition of the interest in the event of a disclaimer, the interest disclaimed shall descend, go, be distributed, or continue to be he
• § 283 — A disclaimer is not a voidable transfer by the beneficiary under the Uniform Voidable Transactions Act (Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 of the Civil Code).
• § 284 — A person who could file a disclaimer under this part may instead file a written waiver of the right to disclaim.
• § 285 — (a) A disclaimer may not be made after the beneficiary has accepted the interest sought to be disclaimed.
• § 286 — The right to disclaim exists regardless of any limitation imposed on the interest of a beneficiary in the nature of an expressed or implied spendthrift provision or similar restriction.
• § 287 — An interest created before January 1, 1984, that has not been accepted may be disclaimed after December 31, 1983, in the manner provided in this part, but no interest that arose before January 1, 1984
• § 288 — This part does not limit or abridge any right a person may have under any other law to assign, convey, or release any property or interest, but after December 31, 1983, an interest that would otherwis
• § 2890 — (a) When a guardian or conservator, pursuant to letters of guardianship or conservatorship of the estate, takes possession or control of any asset of the ward or conservatee held by an institution, as
• § 2891 — (a) The statement filed pursuant to Section 2890 shall be an affidavit by a person having authority to make the statement on behalf of the institution, as defined in Section 2890, and shall include th
• § 2892 — (a) When a guardian or conservator, pursuant to letters of guardianship or conservatorship of the estate, opens or changes the name to an account or safe-deposit box in a financial institution, as def
• § 2893 — (a) The written statement provided pursuant to Section 2892 by the financial institution shall be in the form of an affidavit signed by an officer of the financial institution and the officer shall pr
• § 29 — “Conservatee” includes a limited conservatee.
• § 2900 — (a) (1) If the public guardian or public conservator determines that the requirements for appointment of a guardian or conservator of the estate are satisfied and the public guardian or public conserv
• § 2901 — (a) A public guardian who is authorized to take possession or control of property under this chapter may issue a written certification of that fact.
• § 2901.5 — (a) A public guardian or public conservator, who is authorized to restrain any person from transferring, encumbering, or in any way disposing of any real or personal property held in a trust in accord
• § 2902 — A public guardian who takes possession or control of property pursuant to this chapter is entitled to reasonable costs incurred for the preservation of the property, together with reasonable compensat
• § 2903 — This chapter applies only to possession or control of property by a public guardian on or after July 1, 1989.
• § 2910 — (a) Upon a showing of probable cause to believe that a person is in substantial danger of abuse or neglect and needs a conservator of the person, the estate, or the person and estate for his or her ow
• § 2911 — A court order issued in response to a public guardian’s petition pursuant to Section 2910 shall do all of the following: (a) Authorize health care providers to disclose a person’s confidential medical
• § 2920 — (a) If any person domiciled in the county requires a guardian or conservator and there is no one else who is qualified and willing to act and whose appointment as guardian or conservator would be in t
• § 2921 — An application of the public guardian for guardianship or conservatorship of the person, the estate, or the person and estate, of a person who is under the jurisdiction of the State Department of Stat
• § 2922 — If the public guardian is appointed as guardian or conservator: (a) Letters shall be issued in the same manner and by the same proceedings as letters are issued to other persons.
• § 2923 — On or before January 1, 2008, the public guardian shall comply with the continuing education requirements that are established by the California State Association of Public Administrators, Public Guar
• § 2940 — All funds coming into the custody of the public guardian shall be deposited or invested in the same manner and subject to the same terms and conditions as deposit or investment by the public administr
• § 2941 — The public guardian may, if necessary and in the public guardian’s discretion, employ private attorneys where the cost of employment can be defrayed out of estate funds or where satisfactory pro bono
• § 2942 — The public guardian shall be paid from the estate of the ward or conservatee for all of the following: (a) Reasonable expenses incurred in the execution of the guardianship or conservatorship.
• § 2943 — (a) Notwithstanding subdivision (c) of Section 2610, the property described in the inventory may be appraised by the public guardian and need not be appraised by a probate referee if the public guardi
• § 2944 — The public guardian is not liable for failing to take possession or control of property that is beyond the ability of the public guardian to possess or control.
• § 295 — Notwithstanding any other provision of this part, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United Stat
• § 2950 — (a) It is the intent of the Legislature to do all of the following: (1) Reduce the incidence of financial abuse perpetrated against mentally impaired elder adults.
• § 2951 — The definitions contained in this section shall govern the construction of this chapter, unless the context requires otherwise.
• § 2952 — (a) A peace officer may issue a declaration, as provided in Section 2954, concerning an elder person if all of the following conditions are satisfied: (1) There is probable cause to believe that the e
• § 2953 — (a) (1) A public guardian who has taken possession or control of the property of an elder person pursuant to this chapter is entitled to petition a court of competent jurisdiction for the reasonable c
• § 2954 — A declaration issued by a peace officer under this chapter shall not be valid unless it substantially complies with the following form: DECLARATION PRINT OR TYPE 1.
• § 2955 — Nothing in this chapter shall prohibit or restrict a public guardian from undertaking any other proceeding authorized by law.
• § 3 — (a) As used in this section: (1) “New law” means either of the following, as the case may be: (A) The act that enacted this code.
• § 30 — “Conservator” includes a limited conservator.
• § 300 — A trust company may be appointed to act as a personal representative, guardian or conservator of an estate, trust director, or trustee, in the same manner as an individual.
• § 3000 — Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this part.
• § 3002 — “Community property” means community real property and community personal property, including, but not limited to, a community property business that is or was under the primary management and control
• § 3004 — “Conservator” means conservator of the estate, or limited conservator of the estate to the extent that the powers and duties of the limited conservator are specifically and expressly provided by the o
• § 3006 — “Conservatorship estate” includes the guardianship estate of a married minor.
• § 3008 — “Conservatorship proceeding” means conservatorship of the estate proceeding and includes a guardianship of the estate proceeding of a married minor.
• § 301 — (a) A trust company appointed to act as a personal representative, or guardian or conservator of an estate, may not be required to give a bond.
• § 3012 — (a) Unless the spouse lacks legal capacity under the applicable standard prescribed in subdivision (b), a spouse has legal capacity to: (1) Manage and control community property, including legal capac
• § 3020 — (a) The proceeds, rents, issues, and profits of community property dealt with or disposed of under this division, and any property taken in exchange for the community property or acquired with the pro
• § 3023 — (a) Except as provided in subdivisions (b) and (c), where one or both of the spouses has a conservator, the court in which any of the conservatorship proceedings is pending may hear and determine whet
• § 3051 — (a) Subject to Section 3071, the right of a spouse to manage and control community property, including the right to dispose of community property, is not affected by the lack or alleged lack of legal
• § 3054 — When community property is included or proposed to be included in the conservatorship estate of a spouse, the court in which the conservatorship proceeding is pending, upon its own motion or upon peti
• § 3055 — (a) If consent is given under this article that community property be included in the conservatorship estate of a spouse, the death of either spouse terminates the consent.
• § 3056 — Except as otherwise provided in this part and subject to Section 3071, when community property is included in a conservatorship estate under this article for the purpose of management, control, and di
• § 3057 — (a) Where a spouse lacks legal capacity and does not have a conservator, any interested person who has knowledge or reason to believe that the rights of such spouse in the community property are being
• § 3070 — If the requirements of this article are satisfied with respect to a transaction described in Section 3071, the transaction is deemed to satisfy the joinder or consent requirements of the statute refer
• § 3071 — (a) In case of a transaction for which the joinder or consent of both spouses is required by Section 1100 or 1102 of the Family Code or by any other statute, if one or both spouses lacks legal capacit
• § 3072 — (a) Except as provided in subdivision (b), a conservator may join in or consent to a transaction under Section 3071 only after authorization by either of the following: (1) An order of the court obtai
• § 3073 — (a) The joinder or consent under Section 3071 of a spouse having legal capacity shall be in a manner that complies with Section 1100 or 1102 of the Family Code or other statute that applies to the tra
• § 3074 — Notwithstanding any other provision of this article, a transaction that affects real property, entered into by a person acting in good faith and for a valuable consideration, is not affected by the fa
• § 3080 — If one spouse has a conservator and the other spouse has the management or control of community property, the conservator or conservatee, a relative or friend of the conservatee, or any interested per
• § 3081 — (a) 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.
• § 3082 — Upon the filing of a petition under this article, the court may cite the spouse who has the management or control of community property to appear before the court, and the court and the petitioner may
• § 3083 — In any proceeding under this article, the court may, after notice and hearing, order the spouse who has the management or control of community property to pay from the community property such amount a
• § 3084 — When a petition is filed under this article, the spouse having the management or control of community property shall serve and file a current income and expense declaration and a current property decl
• § 3085 — During the pendency of any proceeding under this article, the court, upon the application of the petitioner, may issue ex parte orders: (a) Restraining the spouse having the management or control of c
• § 3086 — Any person interested in the proceeding under this article may request time for filing a response to the petition, for discovery proceedings, or for other preparation for the hearing, and the court sh
• § 3087 — In a proceeding under this article, the court may hear and determine whether property is community property or the separate property of either spouse if that issue is raised in the proceeding.