BlackletterCalifornia law

DIVISION 2. GENERAL PROVISIONS [100. - 890.]

Division 2 enacted by Stats. 1990, Ch. 79.

§§ 100–890 · 224 sections

  1. PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY §§ 100–105 · 7 sections
    • § 100 (a) Upon the death of a person who is married or in a registered domestic partnership, one-half of the community property belongs to the surviving spouse and…
    • § 101 (a) Upon the death of a person who is married or in a registered domestic partnership, and is domiciled in this state, one-half of the decedent’s…
    • § 102 (a) The decedent’s surviving spouse may require the transferee of property in which the surviving spouse had an expectancy under Section 101 at the time of the…
    • § 103 Except as provided by Section 224, if spouses die leaving community or quasi-community property and it cannot be established by clear and convincing evidence…
    • § 104 Notwithstanding Section 100, community property held in a revocable trust described in Section 761 of the Family Code is governed by the provisions, if any, in…
    • § 104.5 Transfer of community and quasi-community property to a revocable trust shall be presumed to be an agreement, pursuant to Sections 100 and 101, that those…
    • § 105 This part does not apply where the decedent died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where the decedent…
  2. PART 2. SURVIVING SPOUSE'S RIGHT IN CALIFORNIA REAL PROPERTY OF NONDOMICILIARY DECEDENT § 120 · 1 section
    • § 120 If a married person dies not domiciled in this state and leaves a valid will disposing of real property in this state which is not the community property of…
  3. PART 3. CONTRACTUAL ARRANGEMENTS RELATING TO RIGHTS AT DEATH §§ 140–147 · 8 sections
    1. CHAPTER 1. Surviving Spouse’s Waiver of Rights §§ 140–147 · 8 sections
      • § 140 As used in this chapter, “waiver” means a waiver by the surviving spouse of any of the rights listed in subdivision (a) of Section 141, whether signed before…
      • § 141 (a) The right of a surviving spouse to any of the following may be waived in whole or in part by a waiver under this chapter: (1) Property that would pass from…
      • § 142 (a) A waiver under this chapter shall be in writing and shall be signed by the surviving spouse. (b) Subject to subdivision (c), a waiver under this chapter is…
      • § 143 (a) Subject to Section 142, a waiver is enforceable under this section unless the surviving spouse proves either of the following: (1) A fair and reasonable…
      • § 144 (a) Except as provided in subdivision (b), subject to Section 142, a waiver is enforceable under this section if the court determines either of the following:…
      • § 145 Unless the waiver or property settlement provides to the contrary, a waiver under this chapter of “all rights” (or equivalent language) in the property or…
      • § 146 (a) As used in this section, “agreement” means a written agreement signed by each spouse or prospective spouse altering, amending, or revoking a waiver under…
      • § 147 (a) Subject to subdivisions (c) and (d), a waiver, agreement, or property settlement made after December 31, 1984, is invalid insofar as it affects the rights…
  4. PART 4. ESTABLISHING AND REPORTING FACT OF DEATH §§ 200–217 · 11 sections
    1. CHAPTER 1. Proceedings to Establish Death §§ 200–204 · 5 sections
      • § 200 If title to or an interest in real or personal property is affected by the death of a person, another person who claims an interest in the property may…
      • § 201 (a) Proceedings under this chapter shall be commenced in the superior court of the county of which the decedent was a resident at the time of death or in the…
      • § 202 If proceedings for the administration of the decedent’s estate are pending, proceedings under this chapter may be combined with the administration proceedings…
      • § 203 (a) Except as provided in subdivision (b), notice of the hearing shall be given as provided in Section 1220. (b) If the person who commenced the proceedings…
      • § 204 (a) The petition and supporting affidavits may be received in evidence and acted upon by the court with the same force and effect as if the petitioner and…
    2. CHAPTER 2. Recording Evidence of Death §§ 210–212 · 3 sections
      • § 210 If title to real property is affected by the death of a person, any person may record in the county in which the property is located any of the following…
      • § 211 (a) A document establishing the fact of death recorded pursuant to this chapter is subject to all statutory requirements for recorded documents. (b) The county…
      • § 212 A document establishing the fact of the death of a person recorded pursuant to this chapter is prima facie evidence of the death insofar as the document…
    3. CHAPTER 3. Reporting Fact of Death §§ 215–217 · 3 sections
      • § 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…
      • § 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…
      • § 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…
  5. PART 5. SIMULTANEOUS DEATH §§ 220–234 · 11 sections
    1. CHAPTER 1. General Provisions §§ 220–226 · 6 sections
      • § 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…
      • § 221 (a) This chapter does not apply in any case where Section 103, 6211, or 6403 applies. (b) This chapter does not apply in the case of a trust, deed, or contract…
      • § 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…
      • § 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…
      • § 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…
      • § 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,…
    2. CHAPTER 2. Proceedings to Determine Survival §§ 230–234 · 5 sections
      • § 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,…
      • § 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…
      • § 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…
      • § 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…
      • § 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,…
  6. PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES §§ 240–249.8 · 12 sections
    1. CHAPTER 1. Intestate Distribution System §§ 240–241 · 2 sections
      • § 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…
      • § 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…
    2. CHAPTER 2. Distribution Under a Will, Trust, or Other Instrument §§ 245–247 · 3 sections
      • § 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…
      • § 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…
      • § 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…
    3. CHAPTER 3. Identity of Heirs §§ 248–249.8 · 7 sections
      • § 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…
      • § 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. The petitioner shall cause…
      • § 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. The court shall…
      • § 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…
      • § 249.6 (a) Upon timely receipt of the notice required by Section 249.5 or actual knowledge by a person who has the power to control the distribution of either the…
      • § 249.7 If the written notice required pursuant to Section 249.5 is not given in a timely manner to any person who has the power to control the distribution of either…
      • § 249.8 Notwithstanding Section 249.6, any interested person may file a petition in the manner prescribed in Section 248 or 17200 requesting a distribution of property…
  7. PART 7. EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT §§ 250–259 · 10 sections
    • § 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…
    • § 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…
    • § 252 A named beneficiary of a bond, life insurance policy, or other contractual arrangement who feloniously and intentionally kills the principal obligee or the…
    • § 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,…
    • § 254 (a) A final judgment of conviction of felonious and intentional killing is conclusive for purposes of this part. (b) In the absence of a final judgment of…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
  8. PART 8. DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS §§ 260–295 · 22 sections
    1. CHAPTER 1. Definitions §§ 260–267 · 7 sections
      • § 260 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
      • § 262 “Beneficiary” means the person entitled, but for the person’s disclaimer, to take an interest.
      • § 263 (a) “Creator of the interest” means a person who establishes, declares, creates, or otherwise brings into existence an interest. (b) “Creator of the interest”…
      • § 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.
      • § 265 “Disclaimer” means any writing which declines, refuses, renounces, or disclaims any interest that would otherwise be taken by a beneficiary.
      • § 266 “Employee benefit plan” includes, but is not limited to, any pension, retirement, death benefit, stock bonus, or profit-sharing plan, system, or trust.
      • § 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…
    2. CHAPTER 2. General Provisions §§ 275–288 · 14 sections
      • § 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…
      • § 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…
      • § 278 The disclaimer shall be in writing, shall be signed by the disclaimant, and shall: (a) Identify the creator of the interest. (b) Describe the interest to be…
      • § 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. (b) In the case…
      • § 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…
      • § 281 A disclaimer, when effective, is irrevocable and binding upon the beneficiary and all persons claiming by, through, or under the beneficiary, including…
      • § 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,…
      • § 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…
      • § 284 A person who could file a disclaimer under this part may instead file a written waiver of the right to disclaim. The waiver shall specify the interest to which…
      • § 285 (a) A disclaimer may not be made after the beneficiary has accepted the interest sought to be disclaimed. (b) For the purpose of this section, a beneficiary…
      • § 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…
      • § 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…
      • § 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…
    3. CHAPTER 3. Disclaimers Effective Under Federal Law § 295 · 1 section
      • § 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…
  9. PART 9. TRUST COMPANY AS FIDUCIARY §§ 300–301 · 2 sections
    • § 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…
    • § 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. (b) The…
  10. PART 10. IMMEDIATE STEPS CONCERNING DECEDENT'S TANGIBLE PERSONAL PROPERTY AND SAFE DEPOSIT BOX §§ 330–331 · 2 sections
    • § 330 (a) Except as provided in subdivision (b), a public administrator, government official, law enforcement agency, the hospital or institution in which a decedent…
    • § 331 (a) This section applies only to a safe deposit box in a financial institution held by the decedent in the decedent’s sole name, or held by the decedent and…
  11. PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW §§ 350–388 · 24 sections
    1. CHAPTER 1. General Provisions §§ 350–366 · 11 sections
      1. ARTICLE 1. Short Title and Definitions §§ 350–356 · 7 sections
        • § 350 This part may be cited as the Fiduciaries’ Wartime Substitution Law.
        • § 351 Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
        • § 352 “Consultant” means a person, other than a trustee, designated in a trust to advise or direct the trustee concerning the trust, or whose consent or approval is…
        • § 353 “Estate” means a trust estate, a decedent’s estate, a guardianship or conservatorship estate, or other property that is the subject of a donative transfer.
        • § 354 “Interested person” means, in addition to the meaning given that term in Section 48, a person having a property right in or claim against a guardianship or…
        • § 355 “Original fiduciary” means a fiduciary who is replaced by a substitute fiduciary or who makes a delegation of power under this part.
        • § 356 A fiduciary or consultant is engaged in war service for the purpose of this part in each of the following cases: (a) Where the person is a member of the armed…
      2. ARTICLE 2. Scope of Part §§ 360–361 · 2 sections
        • § 360 This part applies to all fiduciaries and consultants, whether appointed or acting before, on, or after July 1, 1989.
        • § 361 This part does not apply to the extent an otherwise valid provision in an instrument provides a different or contrary rule or is otherwise inconsistent with…
      3. ARTICLE 3. Procedural Provisions §§ 365–366 · 2 sections
        • § 365 Proceedings under this part are in the court having jurisdiction over the estate or, if none, any court in which jurisdiction of the estate is proper.
        • § 366 Notice of a hearing under this part shall be delivered pursuant to Section 1215 at least 15 days before the hearing to each fiduciary and consultant, and to…
    2. CHAPTER 2. Appointment of Substitute Fiduciary §§ 370–374 · 5 sections
      • § 370 If a fiduciary is engaged in war service, on petition of the fiduciary, a cofiduciary, or an interested person, the court may do any one or more of the…
      • § 371 A substitute fiduciary has all the powers, including discretionary powers, that the original fiduciary had, except powers that the court determines are purely…
      • § 372 Except as otherwise ordered by the court, a substitute fiduciary shall give a bond in the manner and to the extent provided by law for the original fiduciary.
      • § 373 After the expiration of an original fiduciary’s war service, if the estate has not been closed, the original fiduciary, on petition, is entitled to…
      • § 374 A substitute fiduciary or an original fiduciary reinstated under Section 373 is not liable for the acts or omissions of the predecessor fiduciary.
    3. CHAPTER 3. Delegation of Powers §§ 380–388 · 8 sections
      1. ARTICLE 1. Delegation by Fiduciary §§ 380–383 · 4 sections
        • § 380 (a) A fiduciary who is or will be engaged in war service may delegate the fiduciary’s powers, including discretionary powers, to a fiduciary who is not engaged…
        • § 381 The right of delegation does not exist to the extent the court determines that powers to be delegated are purely personal to the original fiduciary.
        • § 382 After the expiration of the original fiduciary’s war service, the court may, on petition of the original fiduciary, authorize the original fiduciary to resume…
        • § 383 The original fiduciary is not liable for the acts or omissions of the delegate.
      2. ARTICLE 2. Delegation by Consultant §§ 385–388 · 4 sections
        • § 385 (a) A consultant who is or will be engaged in war service may delegate the powers of the consultant, including discretionary powers, to a coconsultant who is…
        • § 386 If a consultant who is engaged in war service does not delegate the consultant’s powers, the court, on petition of the trustee or an interested person, may do…
        • § 387 If a consultant has delegated or the court has suspended the powers of the consultant, the court may, on petition by the consultant within six months following…
        • § 388 A consultant who delegates powers under this article is not liable for the acts or omissions of the delegate.
  12. PART 12. PROBATE REFEREES §§ 400–453 · 13 sections
    1. CHAPTER 1. Appointment and Revocation §§ 400–408 · 9 sections
      • § 400 (a) The Controller shall appoint at least one person in each county to act as a probate referee for the county. (b) If there are fewer than three qualified…
      • § 401 (a) Appointment shall be from among persons passing a qualification examination. A person who passes the examination is eligible for appointment for a period…
      • § 402 (a) The qualification examination for applicants for appointment to act as a probate referee shall be held at times and places within the state determined by…
      • § 403 (a) The term of office of a probate referee is four years, expiring June 30. A person may be appointed to complete the unexpired term of office of a probate…
      • § 404 (a) The Controller shall establish and may amend standards of training, performance, and ethics of probate referees. The standards are a public record. (b) The…
      • § 405 Notwithstanding Section 404, the Controller may, at the Controller’s pleasure, revoke the appointment of a person to act as a probate referee. Under this…
      • § 406 (a) The authority of a person to act as a probate referee ceases immediately upon expiration of the person’s term of office, revocation of the person’s…
      • § 407 (a) As used in this section, “prohibited political activity” means directly or indirectly soliciting, receiving, or contributing, or being in any manner…
      • § 408 The appointment of a probate referee by the Controller before July 1, 1989, is not invalidated by the repeal of the law under which the appointment was made.…
    2. CHAPTER 2. Powers of Probate Referee §§ 450–453 · 4 sections
      • § 450 Upon designation by the court, the probate referee has all the powers of a referee of the superior court and all other powers provided in this chapter.
      • § 451 (a) For the purpose of appraisal of property in the estate, the probate referee may require, and may issue a subpoena to compel, the appearance before the…
      • § 452 (a) The probate referee may: (1) Examine and take the testimony under oath of a person appearing before the referee. (2) Require, and issue a subpoena to…
      • § 453 (a) On petition of a person required to appear before the probate referee pursuant to this chapter, the court may make a protective order to protect the person…
  13. PART 13. LITIGATION INVOLVING DECEDENT §§ 550–555 · 6 sections
    1. CHAPTER 1. Liability of Decedent Covered byInsurance §§ 550–555 · 6 sections
      • § 550 (a) Subject to the provisions of this chapter, an action to establish the decedent’s liability for which the decedent was protected by insurance may be…
      • § 551 Notwithstanding Section 366.2 of the Code of Civil Procedure, if the limitations period otherwise applicable to the action has not expired at the time of the…
      • § 552 (a) An action under this chapter shall name as the defendant, “Estate of (name of decedent), Deceased.” Summons shall be served on a person designated in…
      • § 553 The insurer may deny or otherwise contest its liability in an action under this chapter or by an independent action. Unless the personal representative is…
      • § 554 (a) Except as provided in subdivision (b), either the damages sought in an action under this chapter shall be within the limits and coverage of the insurance,…
      • § 555 (a) This chapter does not apply to an action commenced before July 1, 1989. (b) The applicable law in effect before July 1, 1989, continues to apply to an…
  14. PART 14. POWERS OF APPOINTMENT §§ 600–695 · 38 sections
    1. CHAPTER 1. General Provisions §§ 600–601 · 2 sections
      • § 600 Except to the extent that the common law rules governing powers of appointment are modified by statute, the common law as to powers of appointment is the law…
      • § 601 If the law existing at the time of the creation of a power of appointment and the law existing at the time of the release or exercise of the power of…
    2. CHAPTER 2. Definitions; Classification of Powers of Appointment §§ 610–613 · 4 sections
      • § 610 As used in this part: (a) “Appointee” means the person in whose favor a power of appointment is exercised. (b) “Appointive property” means the property or…
      • § 611 (a) A power of appointment is “general” only to the extent that it is exercisable in favor of the powerholder, the powerholder’s estate, the powerholder’s…
      • § 612 (a) A power of appointment is “testamentary” if it is exercisable only by a will. (b) A power of appointment is “presently exercisable” at the time in question…
      • § 613 A power of appointment is “imperative” where the creating instrument manifests an intent that the permissible appointees be benefited even if the powerholder…
    3. CHAPTER 3. Creation of Powers of Appointment §§ 620–621 · 2 sections
      • § 620 A power of appointment can be created only by a donor having the capacity to transfer the interest in property to which the power relates.
      • § 621 (a) A power of appointment is created only if all of the following are satisfied: (1) There is a creating instrument. (2) The creating instrument is valid…
    4. CHAPTER 4. Exercise of Powers of Appointment §§ 625–662 · 16 sections
      1. ARTICLE 1. Donee’s Capacity § 625 · 1 section
        • § 625 (a) A power of appointment can be exercised only by a powerholder having the capacity to transfer the interest in property to which the power relates. (b)…
      2. ARTICLE 2. Scope of Donee’s Authority §§ 630–635 · 6 sections
        • § 630 (a) Except as otherwise provided in this part, if the creating instrument specifies requirements as to the manner, time, and conditions of the exercise of a…
        • § 631 (a) Where an appointment does not satisfy the formal requirements specified in the creating instrument as provided in subdivision (a) of Section 630, the court…
        • § 632 If the creating instrument expressly directs that a power of appointment be exercised by an instrument that makes a specific reference to the power or to the…
        • § 633 (a) If the creating instrument requires the consent of the donor or other person to exercise a power of appointment, the power can only be exercised when the…
        • § 634 A power of appointment created in favor of two or more powerholders can only be exercised when all of the powerholders unite in its exercise. If one or more of…
        • § 635 Nothing in this chapter affects the power of a court of competent jurisdiction to remedy a defective exercise of an imperative power of appointment.
      3. ARTICLE 3. Donee’s Required Intent §§ 640–642 · 3 sections
        • § 640 (a) The exercise of a power of appointment requires a manifestation of the powerholder’s intent to exercise the power. (b) A manifestation of the powerholder’s…
        • § 641 (a) A general residuary clause in a will, or a will making general disposition of all the testator’s property, does not exercise a power of appointment held by…
        • § 642 If a power of appointment existing at the powerholder’s death, but created after the execution of the powerholder’s will, is exercised by the will, the…
      4. ARTICLE 4. Types of Appointments §§ 650–652 · 3 sections
        • § 650 (a) The powerholder of a general power of appointment may make an appointment: (1) Of all of the appointive property at one time, or several partial…
        • § 651 Subject to the limitations imposed by the creating instrument, the powerholder of a special power may make any of the types of appointment permissible for the…
        • § 652 (a) Except as provided in subdivision (b), the powerholder of a special power of appointment may appoint the whole or any part of the appointive property to…
      5. ARTICLE 5. Contracts to Appoint; Releases §§ 660–662 · 3 sections
        • § 660 (a) The powerholder of a power of appointment that is presently exercisable, whether general or special, can contract to make an appointment to the same extent…
        • § 661 (a) Unless the creating instrument otherwise provides, a general or special power of appointment that is a discretionary power, whether testamentary or…
        • § 662 (a) A release on behalf of a minor powerholder shall be made by the guardian of the estate of the minor pursuant to an order of court obtained under this…
    5. CHAPTER 5. Effect of Failure to Make Effective Appointment §§ 670–676 · 7 sections
      • § 670 An exercise of a power of appointment is not void solely because it is more extensive than authorized by the power, but is valid to the extent that the…
      • § 671 (a) Unless the creating instrument or the powerholder, in writing, manifests a contrary intent, where the powerholder dies without having exercised an…
      • § 672 (a) Except as provided in subdivision (b), if the powerholder of a discretionary power of appointment fails to appoint the property, releases the entire power,…
      • § 673 (a) Except as provided in subdivision (b), if an appointment by will or by instrument effective only at the death of the powerholder is ineffective because of…
      • § 674 (a) Unless the creating instrument expressly provides otherwise, if a permissible appointee dies before the exercise of a special power of appointment, the…
      • § 675 If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive…
      • § 676 Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial…
    6. CHAPTER 6. Rights of Creditors §§ 680–684 · 5 sections
      • § 680 The donor of a power of appointment cannot nullify or alter the rights given creditors of the powerholder by Sections 682, 683, and 684 by any language in the…
      • § 681 (a) Except as provided in subdivision (b), property covered by a special power of appointment is not subject to the claims of creditors of the powerholder or…
      • § 682 (a) To the extent that the property owned by the powerholder is inadequate to satisfy the claims of the powerholder’s creditors, property subject to a general…
      • § 683 Property subject to a general power of appointment created by the donor in the donor’s favor, whether or not presently exercisable, is subject to the claims of…
      • § 684 For the purposes of Sections 682 and 683, a person to whom the powerholder owes an obligation of support shall be considered a creditor of the powerholder to…
    7. CHAPTER 7. Rule Against Perpetuities § 690 · 1 section
      • § 690 The statutory rule against perpetuities provided by Part 2 (commencing with Section 21200) of Division 11 applies to powers of appointment governed by this…
    8. CHAPTER 8. Revocability of Creation, Exercise, or Release of Power of Appointment § 695 · 1 section
      • § 695 (a) Unless the power to revoke is in the creating instrument or exists pursuant to Section 15400, the creation of a power of appointment is irrevocable. (b)…
  15. PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY §§ 700–735 · 19 sections
    1. CHAPTER 1. Definitions §§ 700–704 · 5 sections
      • § 700 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
      • § 701 “Attorney” means an individual licensed to practice law in this state.
      • § 702 “Deposit” means delivery of a document by a depositor to an attorney for safekeeping or authorization by a depositor for an attorney to retain a document for…
      • § 703 “Depositor” means a natural person who deposits the person’s document with an attorney.
      • § 704 “Document” means any of the following: (a) A signed original will, declaration of trust, trust amendment, or other document modifying a will or trust. (b) A…
    2. CHAPTER 2. Duties and Liabilities of Attorney §§ 710–716 · 7 sections
      • § 710 If a document is deposited with an attorney, the attorney, and a successor attorney that accepts transfer of the document, shall use ordinary care for…
      • § 711 If a document deposited with an attorney is lost or destroyed, the attorney shall give notice of the loss or destruction to the depositor by one of the…
      • § 712 Notwithstanding failure of an attorney to satisfy the standard of care required by Section 710 or 716, the attorney is not liable for loss or destruction of…
      • § 713 The acceptance by an attorney of a document for deposit imposes no duty on the attorney to do either of the following: (a) Inquire into the content, validity,…
      • § 714 (a) If so provided in a written agreement signed by the depositor, an attorney may charge the depositor for compensation and expenses incurred in safekeeping…
      • § 715 An attorney may give written notice to a depositor, and obtain written acknowledgment from the depositor, in the following form: NOTICE AND ACKNOWLEDGMENT To:…
      • § 716 Notwithstanding Section 710, if an attorney has given written notice to the depositor, and has obtained written acknowledgment from the depositor, in…
    3. CHAPTER 3. Termination of Deposit §§ 720–735 · 7 sections
      1. ARTICLE 1. Termination by Depositor § 720 · 1 section
        • § 720 A depositor may terminate a deposit on demand, in which case the attorney shall deliver the document to the depositor.
      2. ARTICLE 2. Termination by Attorney §§ 730–735 · 6 sections
        • § 730 An attorney with whom a document has been deposited, or to whom a document has been transferred pursuant to this article, may terminate the deposit only as…
        • § 731 An attorney may terminate the deposit by one of the following methods: (a) Personal delivery of the document to the depositor. (b) Mailing the document to the…
        • § 732 (a) An attorney may terminate a deposit under this section if the attorney has delivered notice pursuant to Section 1215 to reclaim the document to the…
        • § 733 (a) An attorney transferring one or more documents under Section 732 shall deliver notice pursuant to Section 1215 of the transfer to the State Bar of…
        • § 734 (a) In cases not governed by subdivision (b) or (c), after the death of the depositor an attorney may terminate a deposit by personal delivery of the document…
        • § 735 (a) If the attorney is deceased or lacks legal capacity, a deposit may be terminated as provided in this article by the attorney’s law partner, by a…
  16. PART 16. JURISDICTION §§ 800–801 · 2 sections
    • § 800 The court in proceedings under this code is a court of general jurisdiction and the court, or a judge of the court, has the same power and authority with…
    • § 801 The court, on its own motion or on the motion of any interested party, may order that an action or proceeding not specifically provided in this code be…
  17. PART 17. LEGAL MENTAL CAPACITY §§ 810–813 · 4 sections
    • § 810 The Legislature finds and declares the following: (a) For purposes of this part, there shall exist a rebuttable presumption affecting the burden of proof that…
    • § 811 (a) A determination that a person is of unsound mind or lacks the capacity to make a decision or do a certain act, including, but not limited to, the…
    • § 812 Except where otherwise provided by law, including, but not limited to, Section 813 and the statutory and decisional law of testamentary capacity, a person…
    • § 813 (a) For purposes of a judicial determination, a person has the capacity to give informed consent to a proposed medical treatment if the person is able to do…
  18. PART 18. RIGHT TO TRIAL § 825 · 1 section
    • § 825 Except as otherwise expressly provided in this code, there is no right to a jury trial in proceedings under this code.
  19. PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON §§ 850–859 · 12 sections
    • § 850 (a) The following persons may file a petition requesting that the court make an order under this part: (1) A guardian, conservator, or any claimant, in the…
    • § 851 (a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner…
    • § 851.1 A petitioner in a proceeding under Section 850 may commence discovery upon any person who receives notice of the hearing pursuant to subdivision (a) of Section…
    • § 852 An interested person may request time for filing a response to the petition for discovery proceedings, or for other preparation for the hearing, and the court…
    • § 853 A person having or claiming title to or an interest in the property which is the subject of the petition may, at or prior to the hearing, object to the hearing…
    • § 854 If a civil action is pending with respect to the subject matter of a petition filed pursuant to this chapter this part and jurisdiction has been obtained in…
    • § 855 An action brought under this part may include claims, causes of action, or matters that are normally raised in a civil action to the extent that the matters…
    • § 856 Except as provided in Sections 853 and 854, if the court is satisfied that a conveyance, transfer, or other order should be made, the court shall make an order…
    • § 856.5 The court may not grant a petition under this chapter if the court determines that the matter should be determined by a civil action.
    • § 857 (a) The order is prima facie evidence of the correctness of the proceedings and of the authority of the personal representative or other fiduciary or other…
    • § 858 If a proceeding has been brought under this part by a conservator on behalf of a conservatee, or by a guardian on behalf of a minor, and the conservatee or…
    • § 859 If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to a conservatee, a minor, an elder, a dependent…
  20. PART 20. Revised Uniform Fiduciary Access to Digital Assets Act §§ 870–884 · 18 sections
    • § 870 This part shall be known, and may be cited, as the Revised Uniform Fiduciary Access to Digital Assets Act.
    • § 871 As used in this part, the following terms have the following meanings: (a) “Account” means an arrangement under a terms-of-service agreement in which the…
    • § 872 (a) This part shall apply to all of the following: (1) A fiduciary acting under a will executed before, on, or after January 1, 2017. (2) A personal…
    • § 873 (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets,…
    • § 874 (a) This part does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of a user. (b)…
    • § 875 (a) When disclosing the digital assets of a user under this part, the custodian may, in its sole discretion, do any of the following: (1) Grant the fiduciary…
    • § 876 If a deceased user consented to or a court directs disclosure of the content of electronic communications of the user, the custodian shall disclose to the…
    • § 877 Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate…
    • § 878 Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an…
    • § 879 Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of…
    • § 879.1 To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal, and…
    • § 879.2 Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific…
    • § 879.3 (a) After a noticed hearing, the court may grant a conservator access to the digital assets of a conservatee. (b) Unless otherwise ordered by the court or…
    • § 880 (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following:…
    • § 881 (a) Not later than 60 days after receipt of the information required under Sections 876 to 879.3, inclusive, a custodian shall comply with a request under this…
    • § 882 This part modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not…
    • § 883 Disclosure of the contents of the deceased user’s or settlor’s account to a fiduciary of the deceased user or settlor is subject to the same license,…
    • § 884 If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications…
  21. PART 21. Periodic Adjustment of Dollar Amounts § 890 · 1 section
    • § 890 (a) On April 1, 2022, and at each three-year interval ending on April 1 thereafter, the dollar amounts specified in Chapter 6 (commencing with Section 6600) of…