DIVISION 9. TRUST LAW [15000. - 19530.]
Division 9 enacted by Stats. 1990, Ch. 79.
§§ 15000–19530 · 418 sections
PART 1. GENERAL PROVISIONS §§ 15000–15004 · 5 sections
- § 15000 This division shall be known and may be cited as the Trust Law.
- § 15001 Except as otherwise provided by statute: (a) This division applies to all trusts regardless of whether they were created before, on, or after July 1, 1987. (b)…
- § 15002 Except to the extent that the common law rules governing trusts are modified by statute, the common law as to trusts is the law of this state.
- § 15003 (a) Nothing in this division affects the substantive law relating to constructive or resulting trusts. (b) The repeal of Title 8 (commencing with Section 2215)…
- § 15004 Unless otherwise provided by statute, this division applies to charitable trusts that are subject to the jurisdiction of the Attorney General to the extent…
PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS §§ 15200–15414 · 40 sections
CHAPTER 1. Creation and Validity of Trusts §§ 15200–15212 · 13 sections
- § 15200 Subject to other provisions of this chapter, a trust may be created by any of the following methods: (a) A declaration by the owner of property that the owner…
- § 15201 A trust is created only if the settlor properly manifests an intention to create a trust.
- § 15202 A trust is created only if there is trust property.
- § 15203 A trust may be created for any purpose that is not illegal or against public policy.
- § 15204 A trust created for an indefinite or general purpose is not invalid for that reason if it can be determined with reasonable certainty that a particular use of…
- § 15205 (a) A trust, other than a charitable trust, is created only if there is a beneficiary. (b) The requirement of subdivision (a) is satisfied if the trust…
- § 15206 A trust in relation to real property is not valid unless evidenced by one of the following methods: (a) By a written instrument signed by the trustee, or by…
- § 15207 (a) The existence and terms of an oral trust of personal property may be established only by clear and convincing evidence. (b) The oral declaration of the…
- § 15208 Consideration is not required to create a trust, but a promise to create a trust in the future is enforceable only if the requirements for an enforceable…
- § 15209 If a trust provides for one or more successor beneficiaries after the death of the settlor, the trust is not invalid, merged, or terminated in either of the…
- § 15210 A trust created pursuant to this chapter which relates to real property may be recorded in the office of the county recorder in the county where all or a…
- § 15211 A trust for a noncharitable corporation or unincorporated society or for a lawful noncharitable purpose may be performed by the trustee for only 21 years,…
- § 15212 (a) Subject to the requirements of this section, a trust for the care of an animal is a trust for a lawful noncharitable purpose. Unless expressly provided in…
CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers §§ 15300–15309 · 12 sections
- § 15300 Except as provided in Sections 15304 to 15307, inclusive, if the trust instrument provides that a beneficiary’s interest in income is not subject to voluntary…
- § 15301 (a) Except as provided in subdivision (b) and in Sections 15304 to 15307, inclusive, if the trust instrument provides that a beneficiary’s interest in…
- § 15302 Except as provided in Sections 15304 to 15307, inclusive, if the trust instrument provides that the trustee shall pay income or principal or both for the…
- § 15303 (a) If the trust instrument provides that the trustee shall pay to or for the benefit of a beneficiary so much of the income or principal or both as the…
- § 15304 (a) If the settlor is a beneficiary of a trust created by the settlor and the settlor’s interest is subject to a provision restraining the voluntary or…
- § 15305 (a) As used in this section, “support judgment” means a money judgment for support of the trust beneficiary’s spouse or former spouse or minor child. (b) If…
- § 15305.5 (a) As used in this section, “restitution judgment” means a judgment awarding restitution for the commission of a felony or a money judgment for damages…
- § 15306 (a) Notwithstanding any provision in the trust instrument, if a statute of this state makes the beneficiary liable for reimbursement of this state or a local…
- § 15306.5 (a) Notwithstanding a restraint on transfer of the beneficiary’s interest in the trust under Section 15300 or 15301, and subject to the limitations of this…
- § 15307 Notwithstanding a restraint on transfer of a beneficiary’s interest in the trust under Section 15300 or 15301, any amount to which the beneficiary is entitled…
- § 15308 Any order entered by a court under Section 15305, 15306, 15306.5, or 15307 is subject to modification upon petition of an interested person filed in the court…
- § 15309 A disclaimer or renunciation by a beneficiary of all or part of his or her interest under a trust shall not be considered a transfer under Section 15300 or…
CHAPTER 3. Modification and Termination of Trusts §§ 15400–15414 · 15 sections
- § 15400 Unless a trust is expressly made irrevocable by the trust instrument, the trust is revocable by the settlor. This section applies only where the settlor is…
- § 15401 (a) A trust that is revocable by the settlor or any other person may be revoked in whole or in part by any of the following methods: (1) By compliance with any…
- § 15402 Unless the trust instrument provides otherwise, if a trust is revocable by the settlor, the settlor may modify the trust by the procedure for revocation.
- § 15403 (a) Except as provided in subdivision (b), if all beneficiaries of an irrevocable trust consent, they may petition the court for modification or termination of…
- § 15404 (a) A trust may be modified or terminated by the written consent of the settlor and all beneficiaries without court approval of the modification or…
- § 15405 For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn…
- § 15406 In determining the class of beneficiaries whose consent is necessary to modify or terminate a trust pursuant to Section 15403 or 15404, the presumption of…
- § 15407 (a) A trust terminates when any of the following occurs: (1) The term of the trust expires. (2) The trust purpose is fulfilled. (3) The trust purpose becomes…
- § 15408 (a) On petition by a trustee or beneficiary, if the court determines that the fair market value of the principal of a trust has become so low in relation to…
- § 15409 (a) On petition by a trustee or beneficiary, the court may modify the administrative or dispositive provisions of the trust or terminate the trust if, owing to…
- § 15410 At the termination of a trust, the trust property shall be disposed of as follows: (a) In the case of a trust that is revoked by the settlor, the trust…
- § 15411 If the terms of two or more trusts are substantially similar, on petition by a trustee or beneficiary, the court, for good cause shown, may combine the trusts…
- § 15412 On petition by a trustee or beneficiary, the court, for good cause shown, may divide a trust into two or more separate trusts, if the court determines that…
- § 15413 A trust provision, express or implied, that the trust may not be terminated is ineffective insofar as it purports to be applicable after the expiration of the…
- § 15414 Notwithstanding any other provision in this chapter, if a trust continues in existence after the expiration of the longer of the periods provided by the…
PART 3. TRUSTEES AND BENEFICIARIES §§ 15600–15805 · 31 sections
CHAPTER 1. Trustees §§ 15600–15688 · 25 sections
ARTICLE 1. General Provisions §§ 15600–15604 · 5 sections
- § 15600 (a) The person named as trustee may accept the trust, or a modification of the trust, by one of the following methods: (1) Signing the trust instrument or the…
- § 15601 (a) A person named as trustee may in writing reject the trust or a modification of the trust. (b) If the person named as trustee does not accept the trust or a…
- § 15602 (a) A trustee is not required to give a bond to secure performance of the trustee’s duties, unless any of the following circumstances occurs: (1) A bond is…
- § 15603 On application by the trustee, the court clerk shall issue a certificate that the trustee is a duly appointed and acting trustee under the trust if the court…
- § 15604 (a) Notwithstanding any other provision of law, a nonprofit charitable corporation may be appointed as trustee of a trust created pursuant to this division, if…
ARTICLE 2. Cotrustees §§ 15620–15622 · 3 sections
- § 15620 Unless otherwise provided in the trust instrument, a power vested in two or more trustees may only be exercised by their unanimous action.
- § 15621 Unless otherwise provided in the trust instrument, if a vacancy occurs in the office of a cotrustee, the remaining cotrustee or cotrustees may act for the…
- § 15622 Unless otherwise provided in the trust instrument, if a cotrustee is unavailable to perform the duties of the cotrustee because of absence, illness, or other…
ARTICLE 3. Resignation and Removal of Trustees §§ 15640–15645 · 6 sections
- § 15640 A trustee who has accepted the trust may resign only by one of the following methods: (a) As provided in the trust instrument. (b) In the case of a revocable…
- § 15641 The liability for acts or omissions of a resigning trustee or of the sureties on the trustee’s bond, if any, is not released or affected in any manner by the…
- § 15642 (a) A trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on petition of a settlor, cotrustee, or beneficiary…
- § 15643 There is a vacancy in the office of trustee in any of the following circumstances: (a) The person named as trustee rejects the trust. (b) The person named as…
- § 15644 When a vacancy has occurred in the office of trustee, the former trustee who holds property of the trust shall deliver the trust property to the successor…
- § 15645 If the trustee of a trust that is not revocable has refused to transfer administration of the trust to a successor trust company on request of the…
ARTICLE 4. Appointment of Trustees §§ 15660–15660.5 · 2 sections
- § 15660 (a) If the trust has no trustee or if the trust instrument requires a vacancy in the office of a cotrustee to be filled, the vacancy shall be filled as…
- § 15660.5 (a) The court may appoint as trustee of a trust the public guardian or public administrator of the county in which the matter is pending subject to the…
ARTICLE 5. Compensation and Indemnification of Trustees §§ 15680–15688 · 9 sections
- § 15680 (a) Subject to subdivision (b), and except as provided in Section 15688, if the trust instrument provides for the trustee’s compensation, the trustee is…
- § 15681 If the trust instrument does not specify the trustee’s compensation, the trustee is entitled to reasonable compensation under the circumstances.
- § 15682 The court may fix an amount of periodic compensation under Sections 15680 and 15681 to continue for as long as the court determines is proper.
- § 15683 Unless the trust instrument otherwise provides or the trustees otherwise agree, if the trust has two or more trustees, the compensation shall be apportioned…
- § 15684 A trustee is entitled to the repayment out of the trust property for the following: (a) Expenditures that were properly incurred in the administration of the…
- § 15685 The trustee has an equitable lien on the trust property as against the beneficiary in the amount of advances, with any interest, made for the protection of the…
- § 15686 (a) As used in this section, “trustee’s fee” includes, but is not limited to, the trustee’s periodic base fee, rate of percentage compensation, minimum fee,…
- § 15687 (a) Notwithstanding any provision of a trust to the contrary, a trustee who is an attorney may receive only (1) the trustee’s compensation provided in the…
- § 15688 Notwithstanding any other provision of this article and the terms of the trust, a public guardian or public administrator who is appointed as a trustee of a…
CHAPTER 2. Beneficiaries §§ 15800–15805 · 6 sections
- § 15800 (a) Except to the extent that the trust instrument otherwise provides or where the joint action of the settlor and all beneficiaries is required, during the…
- § 15801 (a) In any case where the consent of a beneficiary may be given or is required to be given before an action may be taken, during the time that a trust is…
- § 15802 Notwithstanding any other statute, during the time that a trust is revocable and the person holding the power to revoke the trust is competent, a notice that…
- § 15803 The holder of a presently exercisable general power of appointment or power to withdraw property from the trust has the rights of a person holding the power to…
- § 15804 (a) Notice to a person who may represent and bind another person pursuant to this section is sufficient to comply with a requirement in this division that…
- § 15805 Notwithstanding any other provision of law, the Attorney General is subject to the limitations on the rights of beneficiaries of revocable trusts provided by…
PART 4. TRUST ADMINISTRATION §§ 16000–16632 · 172 sections
CHAPTER 1. Duties of Trustees §§ 16000–16110 · 52 sections
ARTICLE 1. Trustee’s Duties in General §§ 16000–16015 · 16 sections
- § 16000 On acceptance of the trust, the trustee has a duty to administer the trust according to the trust instrument and, except to the extent the trust instrument…
- § 16001 (a) Except as provided in subdivision (b), the trustee of a revocable trust shall follow any written direction acceptable to the trustee given from time to…
- § 16002 (a) The trustee has a duty to administer the trust solely in the interest of the beneficiaries. (b) It is not a violation of the duty provided in subdivision…
- § 16003 If a trust has two or more beneficiaries, the trustee has a duty to deal impartially with them and shall act impartially in investing and managing the trust…
- § 16004 (a) The trustee has a duty not to use or deal with trust property for the trustee’s own profit or for any other purpose unconnected with the trust, nor to take…
- § 16004.5 (a) A trustee may not require a beneficiary to relieve the trustee of liability as a condition for making a distribution or payment to, or for the benefit of,…
- § 16005 The trustee of one trust has a duty not to knowingly become a trustee of another trust adverse in its nature to the interest of the beneficiary of the first…
- § 16006 The trustee has a duty to take reasonable steps under the circumstances to take and keep control of and to preserve the trust property.
- § 16007 The trustee has a duty to make the trust property productive under the circumstances and in furtherance of the purposes of the trust.
- § 16009 The trustee has a duty to do the following: (a) To keep the trust property separate from other property not subject to the trust. (b) To see that the trust…
- § 16010 The trustee has a duty to take reasonable steps to enforce claims that are part of the trust property.
- § 16011 The trustee has a duty to take reasonable steps to defend actions that may result in a loss to the trust.
- § 16012 (a) The trustee has a duty not to delegate to others the performance of acts that the trustee can reasonably be required personally to perform and may not…
- § 16013 If a trust has more than one trustee, each trustee has a duty to do the following: (a) To participate in the administration of the trust. (b) To take…
- § 16014 (a) The trustee has a duty to apply the full extent of the trustee’s skills. (b) If the settlor, in selecting the trustee, has relied on the trustee’s…
- § 16015 The provision of services for compensation by a regulated financial institution or its affiliates in the ordinary course of business either to a trust of which…
ARTICLE 2. Trustee’s Standard of Care §§ 16040–16042 · 3 sections
- § 16040 (a) The trustee shall administer the trust with reasonable care, skill, and caution under the circumstances then prevailing that a prudent person acting in a…
- § 16041 A trustee’s standard of care and performance in administering the trust is not affected by whether or not the trustee receives any compensation.
- § 16042 (a) Notwithstanding the requirements of this article, Article 2.5 (commencing with Section 16045), and the terms of the trust, all trust funds that come within…
ARTICLE 2.5. Uniform Prudent Investor Act §§ 16045–16054 · 10 sections
- § 16045 This article, together with subdivision (a) of Section 16002 and Section 16003, constitutes the prudent investor rule and may be cited as the Uniform Prudent…
- § 16046 (a) Except as provided in subdivision (b), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the…
- § 16047 (a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other…
- § 16048 In making and implementing investment decisions, the trustee has a duty to diversify the investments of the trust unless, under the circumstances, it is…
- § 16049 Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions…
- § 16050 In investing and managing trust assets, a trustee may only incur costs that are appropriate and reasonable in relation to the assets, overall investment…
- § 16051 Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee’s decision or action and not…
- § 16052 (a) A trustee may delegate investment and management functions as prudent under the circumstances. The trustee shall exercise prudence in the following: (1)…
- § 16053 The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted…
- § 16054 This article applies to trusts existing on and created after its effective date. As applied to trusts existing on its effective date, this article governs only…
ARTICLE 3. Trustee’s Duty to Report Information and Account to Beneficiaries §§ 16060–16069 · 13 sections
- § 16060 The trustee has a duty to keep the beneficiaries of the trust reasonably informed of the trust and its administration.
- § 16060.5 As used in this article, “terms of the trust” means the written trust instrument of an irrevocable trust or those provisions of a written trust instrument in…
- § 16060.7 On the request of a beneficiary, the trustee shall provide the terms of the trust to the beneficiary unless the trustee is not required to provide the terms of…
- § 16061 Except as provided in Section 16069, on reasonable request by a beneficiary, the trustee shall report to the beneficiary by providing requested information to…
- § 16061.5 (a) A trustee shall provide a true and complete copy of the terms of the irrevocable trust, or irrevocable portion of the trust, to each of the following: (1)…
- § 16061.7 (a) A trustee shall serve a notification by the trustee as described in this section in the following events: (1) When a revocable trust or any portion thereof…
- § 16061.8 A person upon whom the notification by the trustee is served pursuant to paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on…
- § 16061.9 (a) A trustee who fails to serve the notification by trustee as required by Section 16061.7 on a beneficiary shall be responsible for all damages, attorney’s…
- § 16062 (a) Except as otherwise provided in this section and in Section 16064, the trustee shall account at least annually, at the termination of the trust, and upon a…
- § 16063 (a) An account furnished pursuant to Section 16062 shall contain the following information: (1) A statement of receipts and disbursements of principal and…
- § 16064 The trustee is not required to account to a beneficiary as described in subdivision (a) of Section 16062, in any of the following circumstances: (a) To the…
- § 16068 Any waiver by a settlor of the obligation of the trustee of either of the following is against public policy and shall be void: (a) To provide the terms of the…
- § 16069 (a) The trustee is not required to account to the beneficiary, provide the terms of the trust to a beneficiary, or provide requested information to the…
ARTICLE 4. Duties With Regard to Discretionary Powers §§ 16080–16082 · 3 sections
- § 16080 Except as provided in Section 16081, a discretionary power conferred upon a trustee is not left to the trustee’s arbitrary discretion, but shall be exercised…
- § 16081 (a) Subject to the additional requirements of subdivisions (b), (c), and (d), if a trust instrument confers “absolute,” “sole,” or “uncontrolled” discretion on…
- § 16082 Except as otherwise specifically provided in the trust instrument, a person who holds a power to appoint or distribute income or principal to or for the…
ARTICLE 5. Duties of Trustees of Private Foundations, Charitable Trusts, and Split-Interest Trusts §§ 16100–16105 · 6 sections
- § 16100 As used in this article, the following definitions shall control: (a) “Charitable trust” means a charitable trust as described in Section 4947(a)(1) of the…
- § 16101 During any period when a trust is deemed to be a charitable trust or a private foundation, the trustee shall distribute its income for each taxable year (and…
- § 16102 During any period when a trust is deemed to be a charitable trust, a private foundation, or a split-interest trust, the trustee shall not do any of the…
- § 16103 With respect to split-interest trusts: (a) Subdivisions (b) and (c) of Section 16102 do not apply to any trust described in Section 4947(b)(3) of the Internal…
- § 16104 The provisions of Sections 16101, 16102, and 16103 shall be deemed to be contained in the instrument creating every trust to which this article applies. Any…
- § 16105 (a) A proceeding contemplated by Section 101(l)(3) of the federal Tax Reform Act of 1969 (Public Law 91-172) may be commenced pursuant to Section 17200 by the…
ARTICLE 6. Notice to the Attorney General of Disposal of Charitable Assets § 16110 · 1 section
- § 16110 (a) On and after January 1, 2025, or upon the regulations provided for in subdivision (b) taking effect, whichever occurs first, a trustee holding assets…
CHAPTER 2. Powers of Trustees §§ 16200–16249 · 33 sections
ARTICLE 1. General Provisions §§ 16200–16203 · 4 sections
- § 16200 A trustee has the following powers without the need to obtain court authorization: (a) The powers conferred by the trust instrument. (b) Except as limited in…
- § 16201 This chapter does not affect the power of a court to relieve a trustee from restrictions on the exercise of powers under the trust instrument.
- § 16202 The grant of a power to a trustee, whether by the trust instrument, by statute, or by the court, does not in itself require or permit the exercise of the…
- § 16203 An instrument that incorporates the powers provided in former Section 1120.2 (repealed by Chapter 820 of the Statutes of 1986) shall be deemed to refer to the…
ARTICLE 2. Specific Powers of Trustees §§ 16220–16249 · 29 sections
- § 16220 The trustee has the power to collect, hold, and retain trust property received from a settlor or any other person until, in the judgment of the trustee,…
- § 16221 The trustee has the power to accept additions to the property of the trust from a settlor or any other person.
- § 16222 (a) Subject to subdivision (b), the trustee has the power to continue or participate in the operation of any business or other enterprise that is part of the…
- § 16224 (a) In the absence of an express provision to the contrary in a trust instrument, where the instrument directs or permits investment in obligations of the…
- § 16225 (a) The trustee has the power to deposit trust funds at reasonable interest in any of the following accounts: (1) An insured account in a financial…
- § 16226 The trustee has the power to acquire or dispose of property, for cash or on credit, at public or private sale, or by exchange.
- § 16227 The trustee has the power to manage, control, divide, develop, improve, exchange, partition, change the character of, or abandon trust property or any interest…
- § 16228 The trustee has the power to encumber, mortgage, or pledge trust property for a term within or extending beyond the term of the trust in connection with the…
- § 16229 The trustee has the power to do any of the following: (a) Make ordinary or extraordinary repairs, alterations, or improvements in buildings or other trust…
- § 16230 The trustee has the power to do any of the following: (a) Subdivide or develop land. (b) Dedicate land to public use. (c) Make or obtain the vacation of plats…
- § 16231 The trustee has the power to enter into a lease for any purpose as lessor or lessee with or without the option to purchase or renew and for a term within or…
- § 16232 The trustee has the power to enter into a lease or arrangement for exploration and removal of gas, oil, or other minerals or geothermal energy, and to enter…
- § 16233 The trustee has the power to grant an option involving disposition of trust property or to take an option for the acquisition of any property, and an option…
- § 16234 With respect to any shares of stock of a domestic or foreign corporation, any membership in a nonprofit corporation, or any other property, a trustee has the…
- § 16235 The trustee has the power to pay calls, assessments, and any other sums chargeable or accruing against or on account of securities.
- § 16236 The trustee has the power to sell or exercise stock subscription or conversion rights.
- § 16237 The trustee has the power to consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation…
- § 16238 The trustee has the power to hold a security in the name of a nominee or in other form without disclosure of the trust so that title to the security may pass…
- § 16239 The trustee has the power to deposit securities in a securities depository, as defined in Section 30004 of the Financial Code, which is licensed under Section…
- § 16240 The trustee has the power to insure the property of the trust against damage or loss and to insure the trustee against liability with respect to third persons.
- § 16241 The trustee has the power to borrow money for any trust purpose to be repaid from trust property. The lender may include, but is not limited to, a bank holding…
- § 16242 The trustee has the power to do any of the following: (a) Pay or contest any claim. (b) Settle a claim by or against the trust by compromise, arbitration, or…
- § 16243 The trustee has the power to pay taxes, assessments, reasonable compensation of the trustee and of employees and agents of the trust, and other expenses…
- § 16244 The trustee has the following powers: (a) To make loans out of trust property to the beneficiary on terms and conditions that the trustee determines are fair…
- § 16245 The trustee has the power to pay any sum of principal or income distributable to a beneficiary, without regard to whether the beneficiary is under a legal…
- § 16246 The trustee has the power to effect distribution of property and money in divided or undivided interests and to adjust resulting differences in valuation. A…
- § 16247 The trustee has the power to hire persons, including accountants, attorneys, auditors, investment advisers, appraisers (including probate referees appointed…
- § 16248 The trustee has the power to execute and deliver all instruments which are needed to accomplish or facilitate the exercise of the powers vested in the trustee.
- § 16249 The trustee has the power to prosecute or defend actions, claims, or proceedings for the protection of trust property and of the trustee in the performance of…
CHAPTER 3. Uniform Fiduciary Income and Principal Act §§ 16320–16383 · 49 sections
ARTICLE 1. General Provisions and Definitions §§ 16320–16323 · 4 sections
- § 16320 This section shall be known, and may be cited, as the Uniform Fiduciary Income and Principal Act.
- § 16321 The following definitions apply for purposes of this chapter: (a) “Accounting period” means a calendar year, unless a fiduciary selects another period of 12…
- § 16322 Except as otherwise provided in the terms of a trust or this chapter, this chapter applies to the following: (a) A trust or an estate. (b) A life estate or…
- § 16323 Except as otherwise provided in the terms of a trust or this chapter, this chapter applies when this state is the principal place of administration of a trust…
ARTICLE 2. Fiduciary Duties and Judicial Review §§ 16325–16327 · 3 sections
- § 16325 (a) In making an allocation or determination or exercising discretion under this chapter, all of the following apply: (1) A fiduciary shall act in good faith,…
- § 16326 (a) For purposes of this section, “fiduciary decision” means any of the following: (1) A fiduciary’s allocation between income and principal or another…
- § 16327 (a) Except as otherwise provided in the terms of a trust or this section, a fiduciary, in a record, without court approval, may adjust between income and…
ARTICLE 3. Unitrust §§ 16330–16338 · 9 sections
- § 16330 The following definitions apply for purposes of this article: (a) “Applicable value” means the amount of the net fair market value of a trust taken into…
- § 16331 (a) Except as otherwise provided in subdivision (b), this article applies to both of the following: (1) An income trust, unless the terms of the trust…
- § 16332 (a) A fiduciary, without court approval, by complying with subdivisions (b) and (f), may do any of the following: (1) Convert an income trust to a unitrust if…
- § 16333 A notice required by paragraph (2) of subdivision (b) of Section 16332 shall be sent as required by Chapter 5 (commencing with Section 16500), including notice…
- § 16334 (a) In administering a unitrust under this article, a fiduciary shall follow a unitrust plan adopted under paragraph (1) or (2) of subdivision (a) of Section…
- § 16335 (a) A unitrust rate may not be less than 3 percent, or greater than 5 percent, unless the unitrust plan has been approved by court order. If the unitrust plan…
- § 16336 (a) A unitrust plan shall provide the method for determining the fair market value of an asset for the purpose of determining the unitrust amount, including…
- § 16337 (a) A unitrust plan shall provide the period used under Sections 16335 and 16336. Except as otherwise provided in paragraph (3) of subdivision (b) of Section…
- § 16338 (a) A unitrust plan may include any of the following: (1) Provide methods and standards for all of the following: (A) Determining the timing of distributions.…
ARTICLE 4. Allocation of Receipts §§ 16340–16355 · 16 sections
- § 16340 (a) The following definitions apply for purposes of this section: (1) “Capital distribution” means an entity distribution of money that is either of the…
- § 16341 A fiduciary shall allocate to income an amount received as a distribution of income, including a unitrust distribution under Article 3 (commencing with Section…
- § 16342 (a) This section applies to a business or other activity conducted by a fiduciary if the fiduciary determines that it is in the interests of the beneficiaries…
- § 16343 A fiduciary shall allocate to principal any of the following: (a) To the extent not allocated to income under this chapter, an asset received from any of the…
- § 16344 To the extent a fiduciary does not account for the management of rental property as a business under Section 16342, the fiduciary shall allocate to income an…
- § 16345 (a) This section does not apply to an obligation to which Section 16348, 16349, 16350, 16351, 16353, 16354, or 16355 applies. (b) A fiduciary shall allocate to…
- § 16346 (a) This section does not apply to a contract to which Section 16348 applies. (b) Except as otherwise provided in subdivision (c), a fiduciary shall allocate…
- § 16347 (a) If a fiduciary determines that an allocation between income and principal required by Section 16348, 16349, 16350, 16351, or 16354 is insubstantial, the…
- § 16348 (a) The following definitions apply for purposes of this section: (1) “Internal income of a separate fund” means the amount determined under subdivision (b).…
- § 16349 (a) For purposes of this section, “liquidating asset” means an asset whose value will diminish or terminate because the asset is expected to produce receipts…
- § 16350 (a) To the extent a fiduciary does not account for a receipt from an interest in minerals, water, or other natural resources as a business under Section 16432,…
- § 16351 (a) To the extent a fiduciary does not account for receipts from the sale of timber and related products as a business under Section 16342, the fiduciary shall…
- § 16352 (a) If a trust received property for which a gift or estate tax marital deduction was allowed and the settlor’s spouse holds a mandatory income interest in the…
- § 16353 (a) For purposes of this section, “derivative” means a contract, instrument, other arrangement, or combination of contracts, instruments, or other…
- § 16354 (a) Except as otherwise provided in subdivision (b), a fiduciary shall allocate to income a receipt from or related to an asset-backed security, to the extent…
- § 16355 A fiduciary shall allocate receipts from, or related to, a financial instrument or arrangement not otherwise addressed by this chapter. The allocation shall be…
ARTICLE 5. Allocation of Disbursements §§ 16360–16367 · 8 sections
- § 16360 Subject to Section 16363, and except as otherwise provided in paragraph (2) or (3) of subdivision (c) of Section 16370, a fiduciary shall disburse from income…
- § 16361 (a) Subject to Section 16364, and except as otherwise provided in paragraph (2) of subdivision (c) of Section 16370, a fiduciary shall disburse from principal…
- § 16362 (a) For purposes of this section, “depreciation” means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a tangible asset…
- § 16363 (a) If a fiduciary makes or expects to make an income disbursement described in subdivision (b), the fiduciary may transfer an appropriate amount from…
- § 16364 (a) If a fiduciary makes or expects to make a principal disbursement described in subdivision (b), the fiduciary may transfer an appropriate amount from income…
- § 16365 (a) A tax required to be paid by a fiduciary that is based on receipts allocated to income shall be paid from income. (b) A tax required to be paid by a…
- § 16366 (a) A fiduciary may make an adjustment between income and principal to offset the shifting of economic interests or tax benefits between current income…
- § 16367 Unless otherwise provided by the governing instrument, determined by the trustee, or ordered by the court, distributions to beneficiaries shall be considered…
ARTICLE 6. Death of Individual or Termination of Income Interest §§ 16370–16371 · 2 sections
- § 16370 (a) This section applies when either of the following occurs: (1) The death of an individual results in the creation of an estate or trust. (2) An income…
- § 16371 (a) Except to the extent that Article 3 (commencing with Section 16330) applies for a beneficiary that is a trust, each beneficiary described in subdivision…
ARTICLE 7. Apportionment at Beginning and End of Income Interest §§ 16375–16377 · 3 sections
- § 16375 (a) An income beneficiary is entitled to net income in accordance with the terms of the trust from the date an income interest begins. The income interest…
- § 16376 (a) A fiduciary shall allocate an income receipt or disbursement, other than a receipt to which subdivision (b) of Section 16370 applies, to principal if its…
- § 16377 (a) For purposes of this section, “undistributed income” means net income received on or before the date on which an income interest ends. “Undistributed…
ARTICLE 8. Miscellaneous Provisions §§ 16380–16383 · 4 sections
- § 16380 In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among…
- § 16381 This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify,…
- § 16382 This chapter applies to a trust or estate existing or created on or after the effective date of this chapter, except as otherwise expressly provided in the…
- § 16383 If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or…
CHAPTER 4. Liability of Trustees to Beneficiaries §§ 16400–16465 · 15 sections
ARTICLE 1. Liability for Breach of Trust §§ 16400–16403 · 4 sections
- § 16400 A violation by the trustee of any duty that the trustee owes the beneficiary is a breach of trust.
- § 16401 (a) Except as provided in subdivision (b), the trustee is not liable to the beneficiary for the acts or omissions of an agent. (b) Under any of the…
- § 16402 (a) Except as provided in subdivision (b), a trustee is not liable to the beneficiary for a breach of trust committed by a cotrustee. (b) A trustee is liable…
- § 16403 (a) Except as provided in subdivision (b), a successor trustee is not liable to the beneficiary for a breach of trust committed by a predecessor trustee. (b) A…
ARTICLE 2. Remedies for Breach of Trust §§ 16420–16421 · 2 sections
ARTICLE 3. Measure of Liability for Breach of Trust §§ 16440–16442 · 3 sections
- § 16440 (a) If the trustee commits a breach of trust, the trustee is chargeable with any of the following that is appropriate under the circumstances: (1) Any loss or…
- § 16441 (a) If the trustee is liable for interest pursuant to Section 16440, the trustee is liable for the greater of the following amounts: (1) The amount of interest…
- § 16442 The provisions in this article for liability of a trustee for breach of trust do not prevent resort to any other remedy available under the statutory or common…
ARTICLE 4. Limitations and Exculpation §§ 16460–16465 · 6 sections
- § 16460 (a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise: (1) If a beneficiary has received an interim or final account in…
- § 16461 (a) Except as provided in subdivision (b), (c), or (d), the trustee can be relieved of liability for breach of trust by provisions in the trust instrument. (b)…
- § 16462 (a) Notwithstanding Section 16461, a trustee of a revocable trust is not liable to a beneficiary for any act performed or omitted pursuant to written…
- § 16463 (a) Except as provided in subdivisions (b) and (c), a beneficiary may not hold the trustee liable for an act or omission of the trustee as a breach of trust if…
- § 16464 (a) Except as provided in subdivision (b), a beneficiary may be precluded from holding the trustee liable for a breach of trust by the beneficiary’s release or…
- § 16465 (a) Except as provided in subdivision (b), if the trustee, in breach of trust, enters into a transaction that the beneficiary may at his or her option reject…
CHAPTER 5. Notice of Proposed Action by Trustee §§ 16500–16504 · 5 sections
- § 16500 Subject to subdivision (d) of Section 16501, a trustee may give a notice of proposed action regarding a matter governed by Chapter 2 (commencing with Section…
- § 16501 (a) The trustee who elects to provide notice pursuant to this chapter shall deliver notice pursuant to Section 1215 of the proposed action to each of the…
- § 16502 The notice of proposed action shall state that it is given pursuant to this section and shall include all of the following: (a) The name, mailing address, and…
- § 16503 (a) A beneficiary may object to the proposed action by delivering a written objection pursuant to Section 1215 to the trustee at the address stated in the…
- § 16504 This chapter does not require a trustee to use these procedures prior to taking any action.
CHAPTER 6. California Uniform Directed Trust Act §§ 16600–16632 · 18 sections
- § 16600 (a) This chapter shall be known, and may be cited, as the California Uniform Directed Trust Act. (b) The Legislature finds and declares all of the following:…
- § 16602 For purposes of this chapter, the following definitions shall apply: (a) “Breach of trust” includes a violation by a trust director or trustee of a duty…
- § 16604 (a) This chapter applies to a trust, whenever created, that has its principal place of administration in this state, subject to all of the following rules: (1)…
- § 16605 Notwithstanding any other law, the consent of the public administrator, public guardian, or public conservator is required before they may be appointed to act…
- § 16606 (a) This chapter does not apply to any of the following: (1) A power of appointment. (2) The power to appoint or remove a trustee or trust director. (3) The…
- § 16608 (a) Subject to Section 16610, the terms of a trust may grant a power of direction to a trust director. (b) Unless the terms of a trust provide otherwise, a…
- § 16610 A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of…
- § 16612 (a) Subject to subdivision (b), with respect to a power of direction or further power under subdivision (b) of Section 16608, both of the following apply: (1)…
- § 16614 (a) Subject to subdivision (b), a directed trustee shall take reasonable action to comply with a trust director’s exercise or nonexercise of a power of…
- § 16616 (a) Subject to Section 16618, a trustee shall provide information to a trust director to the extent the information is reasonably related both to the powers or…
- § 16618 (a) (1) Unless the terms of a trust provide otherwise, a trustee does not have a duty to do either of the following: (A) Monitor a trust director. (B) Inform…
- § 16620 The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee’s exercise or nonexercise of a power of the other…
- § 16622 (a) An action against a trust director for breach of trust shall be commenced within the same limitation period asin Section 16460 for an action for breach of…
- § 16624 In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar…
- § 16626 (a) By accepting appointment as a trust director of a trust subject to this chapter, the trust director submits to personal jurisdiction of the courts of this…
- § 16628 Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding all of the following matters: (a)…
- § 16630 In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among…
- § 16632 This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not…
PART 5. JUDICIAL PROCEEDINGS CONCERNING TRUSTS §§ 17000–17457 · 45 sections
CHAPTER 1. Jurisdiction and Venue §§ 17000–17006 · 7 sections
- § 17000 (a) The superior court having jurisdiction over the trust pursuant to this part has exclusive jurisdiction of proceedings concerning the internal affairs of…
- § 17001 In proceedings commenced pursuant to this division, the court is a court of general jurisdiction and has all the powers of the superior court.
- § 17002 (a) The principal place of administration of the trust is the usual place where the day-to-day activity of the trust is carried on by the trustee or its…
- § 17003 Subject to Section 17004: (a) By accepting the trusteeship of a trust having its principal place of administration in this state the trustee submits personally…
- § 17004 The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure.
- § 17005 (a) The proper county for commencement of a proceeding pursuant to this division is either of the following: (1) In the case of a living trust, the county…
- § 17006 There is no right to a jury trial in proceedings under this division concerning the internal affairs of trusts.
CHAPTER 2. Notice §§ 17100–17105 · 2 sections
- § 17100 Except as otherwise provided in this division, notice in proceedings commenced pursuant to this division, or notice otherwise required by this division, is…
- § 17105 A petitioner or other person required to give notice may cause notice to be given to any person interested in the trust without the need for a court order.
CHAPTER 3. Proceedings Concerning Trusts §§ 17200–17211 · 12 sections
- § 17200 (a) Except as provided in Section 15800, a trustee or beneficiary of a trust may petition the court under this chapter concerning the internal affairs of the…
- § 17200.1 All proceedings concerning the transfer of property of the trust shall be conducted pursuant to the provisions of Part 19 (commencing with Section 850) of…
- § 17201 A proceeding under this chapter is commenced by filing a petition stating facts showing that the petition is authorized under this chapter. The petition shall…
- § 17201.1 A petitioner in a proceeding under Section 17200 may commence discovery upon a trustee in accordance with the same time periods set forth in the Civil…
- § 17202 The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the trustee or…
- § 17203 (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215…
- § 17204 (a) If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, file with the court clerk where the proceedings are…
- § 17205 If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioner’s counsel…
- § 17206 The court in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by the petition, including…
- § 17209 The administration of trusts is intended to proceed expeditiously and free of judicial intervention, subject to the jurisdiction of the court.
- § 17210 In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Attorney General may petition under this chapter.
- § 17211 (a) If a beneficiary contests the trustee’s account and the court determines that the contest was without reasonable cause and in bad faith, the court may…
CHAPTER 4. Testamentary Trusts Subject to Continuing Court Jurisdiction §§ 17300–17354 · 10 sections
ARTICLE 1. Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction §§ 17300–17304 · 5 sections
- § 17300 This article applies only to the following: (a) A trust created by a will executed before July 1, 1977, and not incorporated by reference in a will on or after…
- § 17301 If a trust described in Section 17300 continues after distribution of the decedent’s estate, the court in which the decedent’s estate was administered retains…
- § 17302 Except as otherwise provided in this article, proceedings relating to trusts under continuing court jurisdiction are governed by this part.
- § 17303 This article does not apply to a trust described in Section 17300 that has been removed from continuing court jurisdiction.
- § 17304 (a) At any time after final distribution of the decedent’s estate, a trust described in Section 17300 may be transferred to a different county in this state as…
ARTICLE 2. Removal of Trusts From Continuing Court Jurisdiction §§ 17350–17354 · 5 sections
- § 17350 This article applies only to trusts created by will executed before July 1, 1977, and not incorporated by reference in a will on or after July 1, 1977.
- § 17351 (a) If any of the trustees of a trust described in Section 17350 is a trust company, the trust shall be removed from continuing court jurisdiction as provided…
- § 17352 (a) If none of the trustees of a trust described in Section 17350 is a trust company, the trust may be removed from continuing court jurisdiction only with…
- § 17353 If a trust company is appointed as a successor trustee of a trust which, at the time of the appointment, is subject to continuing court jurisdiction because it…
- § 17354 After a trust is removed from continuing court jurisdiction pursuant to this article, neither a change in trustees nor any other event causes the trust to be…
CHAPTER 5. Transfer of Trust to Another Jurisdiction §§ 17400–17405 · 6 sections
- § 17400 (a) This chapter applies to all of the following: (1) A trust that is subject to this division. (2) A trust subject to Chapter 8 (commencing with Section 6320)…
- § 17401 (a) The court may make an order for the transfer of the place of administration of a trust or the transfer of some or all of the trust property to a…
- § 17402 The petition for transfer shall set forth all of the following: (a) The names and places of residence of the following: (1) The trustee administering the trust…
- § 17403 (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be…
- § 17404 The court may, in its discretion, grant the petition and order the trustee to transfer the trust property or to transfer the place of administration of the…
- § 17405 If a transfer is ordered under this chapter, the court may direct the manner of transfer and impose terms and conditions as may be just, including, but not…
CHAPTER 6. Transfer of Trust From Another Jurisdiction §§ 17450–17457 · 8 sections
- § 17450 (a) This chapter applies to a trust, or portion thereof, administered in a jurisdiction outside this state. (b) This chapter does not prevent the transfer of…
- § 17451 (a) The court may make an order accepting the transfer of the place of administration of a trust from another jurisdiction to this state or the transfer of…
- § 17452 (a) If the petition requests that a resident of this state be appointed trustee, the petition shall be filed in the court of the county where the proposed…
- § 17453 The petition for transfer shall set forth all of the following: (a) The names and places of residence of the following: (1) The trustee administering the trust…
- § 17454 (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be…
- § 17455 (a) The court may, in its discretion, grant the petition and issue an order accepting transfer of trust property or the place of administration of the trust to…
- § 17456 If appropriate to facilitate transfer of the trust property or the place of administration of a trust to this state, the court may issue a conditional order…
- § 17457 A trust transferred to this state pursuant to this chapter shall be administered in the same manner as a trust of that type created in this state. The validity…
PART 6. RIGHTS OF THIRD PERSONS §§ 18000–18201 · 18 sections
CHAPTER 1. Liability of Trustee to Third Persons §§ 18000–18005 · 6 sections
- § 18000 (a) Unless otherwise provided in the contract or in this chapter, a trustee is not personally liable on a contract properly entered into in the trustee’s…
- § 18001 A trustee is personally liable for obligations arising from ownership or control of trust property only if the trustee is personally at fault.
- § 18002 A trustee is personally liable for torts committed in the course of administration of the trust only if the trustee is personally at fault.
- § 18003 (a) A cotrustee who does not join in exercising a power held by three or more cotrustees is not liable to third persons for the consequences of the exercise of…
- § 18004 A claim based on a contract entered into by a trustee in the trustee’s representative capacity, on an obligation arising from ownership or control of trust…
- § 18005 The question of liability as between the trust estate and the trustee personally may be determined in a proceeding under Section 17200.
CHAPTER 2. Protection of Third Persons §§ 18100–18108 · 10 sections
- § 18100 With respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, if the third person acts in good faith and for a…
- § 18100.5 (a) The trustee may present a certification of trust to any person in lieu of providing a copy of the trust instrument to establish the existence or terms of…
- § 18101 A third person who acts in good faith is not bound to ensure the proper application of trust property paid or delivered to the trustee.
- § 18102 If a third person acting in good faith and for a valuable consideration enters into a transaction with a former trustee without knowledge that the person is no…
- § 18103 If an express trust relating to real property is not contained or declared in the grant to the trustee, or in an instrument signed by the trustee and recorded…
- § 18104 (a) If an interest in or lien or encumbrance on real property is conveyed, created, or affected by an instrument in favor of a person in trust but no…
- § 18105 If title to an interest in real property is affected by a change of trustee, the successor trustee may execute and record in the county in which the property…
- § 18106 (a) A document establishing the fact of change of trustee recorded pursuant to this chapter is subject to all statutory requirements for recorded documents.…
- § 18107 A document establishing the change of a trustee recorded pursuant to this chapter is prima facie evidence of the change of trustee insofar as the document…
- § 18108 Any person whose interest is, or may be, affected by the recordation of an affidavit of change of trustee pursuant to this chapter may require that the…
CHAPTER 3. Rights of Creditors of Settlor §§ 18200–18201 · 2 sections
- § 18200 If the settlor retains the power to revoke the trust in whole or in part, the trust property is subject to the claims of creditors of the settlor to the extent…
- § 18201 Any settlor whose trust property is subject to the claims of creditors pursuant to Section 18200 shall be entitled to all exemptions as provided in Chapter 4…
PART 7. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT §§ 18501–18510 · 10 sections
- § 18501 This part may be cited as the Uniform Prudent Management of Institutional Funds Act.
- § 18502 As used in this part, the following terms shall have the following meanings: (a) “Charitable purpose” means the relief of poverty, the advancement of education…
- § 18503 (a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the…
- § 18504 (a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment…
- § 18505 (a) Subject to any specific limitation set forth in a gift instrument or in law other than this part, an institution may delegate to an external agent the…
- § 18506 (a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the…
- § 18507 Compliance with this part is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by…
- § 18508 This part applies to institutional funds existing on or established after January 1, 2009. As applied to institutional funds existing on January 1, 2009, this…
- § 18509 This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify,…
- § 18510 In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among…
PART 8. PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR §§ 19000–19403 · 69 sections
CHAPTER 1. General Provisions §§ 19000–19012 · 13 sections
- § 19000 As used in this part: (a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether…
- § 19001 (a) Upon the death of a settlor, the property of the deceased settlor that was subject to the power of revocation at the time of the settlor’s death is subject…
- § 19002 (a) Except as expressly provided, this part shall not be construed to affect the right of any creditor to recover from any revocable trust established by the…
- § 19003 (a) At any time following the death of the settlor, and during the time that there has been no filing of a petition to administer the probate estate of the…
- § 19004 If the trustee files, publishes, and serves notice as set forth in Section 19003, then: (a) All claims against the trust shall be filed in the manner and…
- § 19005 The trustee may at any time pay, reject, or contest any claim against the deceased settlor or settle any claim by compromise, arbitration, or otherwise. The…
- § 19006 (a) If a trustee of a trust established by the deceased settlor files, publishes, and serves notice as provided in Section 19003 the protection from creditors…
- § 19007 Nothing in this part shall determine the liability of any trust established by the deceased settlor as against any other trust established by that settlor,…
- § 19008 If there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee does not file a proposed notice to creditors pursuant to…
- § 19009 Nothing in this part shall be construed to permit or require disclosure of the existence of the trust or the contents of any of its provisions to any creditor…
- § 19010 Nothing in this part imposes any duty on the trustee to initiate the notice proceeding set forth in Section 19003, and the trustee is not liable for failure to…
- § 19011 (a) The Judicial Council may prescribe the form and contents of the petition, notice, claim form, and allowance or rejection form to be used pursuant to this…
- § 19012 (a) This part applies to claims against any deceased settlor who dies on or after January 1, 1992. (b) The applicable law in effect before January 1, 1992,…
CHAPTER 2. Petition for Approval and Settlement of Claims Against Deceased Settlor §§ 19020–19030 · 10 sections
- § 19020 At any time after the filing and first publication of notice pursuant to Chapter 3 (commencing with Section 19040), and after expiration of the time to file…
- § 19021 The petition shall be filed in that county as may be determined pursuant to Section 19003. In the event this action seeks approval of allocation to two or more…
- § 19022 (a) A proceeding under this chapter is commenced by filing a verified petition stating facts showing that the petition is authorized under this chapter and the…
- § 19023 At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the…
- § 19024 At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a…
- § 19025 (a) If any creditor, beneficiary, or trustee fails timely to file a written pleading upon notice, then the case is at issue, notwithstanding the failure. The…
- § 19026 The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the trustee or any…
- § 19027 (a) The court in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by the petition. (b) If…
- § 19029 The court may, on its own motion or on request of a trustee or other person interested in the trust, appoint a guardian ad litem in accordance with Section…
- § 19030 In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Attorney General may petition under this chapter.
CHAPTER 3. Publication of Notice §§ 19040–19041 · 2 sections
- § 19040 (a) Publication of notice pursuant to this section shall be for at least 15 days. Three publications in a newspaper published once a week or more often, with…
- § 19041 The Legislature finds and declares that to be most effective, notice to creditors should be published in compliance with the procedures specified in Section…
CHAPTER 4. Actual Notice to Creditors §§ 19050–19054 · 5 sections
- § 19050 Except as provided in Section 19054, if the trustee has knowledge of a creditor of the deceased settlor, the trustee shall give notice to the creditor. The…
- § 19051 The notice shall be given before expiration of the later of the following times: (a) Four months after the first publication of notice under Section 19040. (b)…
- § 19052 The notice shall be in substantially the following form: NOTICE TO CREDITORS OF _____________ # ____________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _________…
- § 19053 (a) If the trustee believes that notice to a particular creditor is or may be required by this chapter and gives notice based on that belief, the trustee is…
- § 19054 Notwithstanding Section 19050, the trustee need not give notice to a creditor even though the trustee has knowledge of the creditor if either of the following…
CHAPTER 5. Time for Filing Claims §§ 19100–19104 · 5 sections
- § 19100 (a) A creditor shall file a claim before expiration of the later of the following times: (1) Four months after the first publication of notice to creditors…
- § 19101 A vacancy in the office of the trustee that occurs before expiration of the time for filing a claim does not extend the time.
- § 19102 A claim that is filed before expiration of the time for filing the claim is timely even if acted on by the trustee or the court after expiration of the time…
- § 19103 (a) Except as provided in subdivision (b), upon petition by a creditor or a trustee, the court may allow a claim to be filed after expiration of the time for…
- § 19104 (a) Subject to subdivision (b), if a claim is filed within the time provided in this chapter, the creditor may later amend or revise the claim. The amendment…
CHAPTER 6. Filing of Claims §§ 19150–19154 · 5 sections
- § 19150 (a) A claim may be filed by the creditor or a person acting on behalf of the claimant. (b) A claim shall be filed with the court and a copy shall be delivered…
- § 19151 (a) A claim shall be supported by the affidavit of the creditor or the person on behalf of the claimant stating: (1) The claim is a just claim. (2) If the…
- § 19152 (a) If a claim is based on a written instrument, either the original or a copy of the original with all endorsements shall be attached to the claim. If a copy…
- § 19153 The Judicial Council may adopt a claim form which shall inform the creditor that the claim must be filed with the court and a copy delivered to the trustee…
- § 19154 (a) Notwithstanding any other provision of this part, if a creditor makes a written demand for payment within the time specified in Section 19100, the trustee…
CHAPTER 7. Claims by Public Entities §§ 19200–19205 · 6 sections
- § 19200 (a) Except as provided in this chapter, a claim by a public entity shall be filed within the time otherwise provided in this part. A claim not so filed is…
- § 19201 (a) Notwithstanding any other statute, if a claim of a public entity arises under a law, act, or code listed in subdivision (b): (1) The public entity may…
- § 19202 (a) If the trustee knows or has reason to believe that the deceased settlor received health care under Chapter 7 (commencing with Section 14000) or Chapter 8…
- § 19203 If property in the trust is distributed before expiration of the time allowed a public entity to file a claim, the public entity has a claim against the…
- § 19204 Nothing in this chapter shall be construed to affect the order of priority of debts provided for under other provisions of law.
- § 19205 This chapter does not apply to liability for the restitution of amounts illegally acquired through the means of a fraudulent, false, or incorrect…
CHAPTER 8. Allowance and Rejection of Claims §§ 19250–19255 · 6 sections
- § 19250 When a claim is filed, the trustee shall allow or reject the claim in whole or in part.
- § 19251 (a) Any allowance or rejection shall be in writing. The trustee shall file the allowance or rejection with the court clerk and give notice to the claimant,…
- § 19252 The trustee shall have the power to pay any claim or portion of a claim and payment shall constitute allowance of the claim to the extent of the payment. The…
- § 19253 (a) A claim barred by the statute of limitations may not be allowed by the trustee. (b) The filing of a claim tolls the statute of limitations otherwise…
- § 19254 If within 30 days after a claim is filed the trustee has refused or neglected to act on the claim, the refusal or neglect may, at the option of the claimant,…
- § 19255 (a) A rejected claim is barred as to the part rejected unless the creditor brings an action on the claim or the matter is referred to a referee or to…
CHAPTER 9. Claims Established by Judgment §§ 19300–19304 · 5 sections
- § 19300 (a) Except as provided in Section 19303, after the death of the settlor all money judgments against the deceased settlor on a claim against the deceased…
- § 19301 When a money judgment against a trustee in a representative capacity becomes final, it conclusively establishes the validity of the claim for the amount of the…
- § 19302 (a) Notwithstanding the death of the settlor, a judgment for possession of trust property or a judgment for sale of trust property may be enforced under the…
- § 19303 If trust property of the deceased settlor is subject to an execution lien at the time of the settlor’s death, enforcement against the property may proceed…
- § 19304 (a) An attachment lien may be converted into a judgment lien on property in the trust estate subject to the attachment lien, with the same priority as the…
CHAPTER 10. Allocation of Debts Between Trust and Surviving Spouse §§ 19320–19326 · 7 sections
- § 19320 If it appears that a debt of the deceased settlor has been paid or is payable in whole or in part from property in the deceased settlor’s trust, then the…
- § 19321 A petition under Section 19320 shall include a statement of all of the following: (a) All debts of the deceased settlor and surviving spouse known to the…
- § 19322 If it appears from the petition under Section 19320 that allocation would be affected by the value of the separate property of the surviving spouse and any…
- § 19323 (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of…
- § 19324 (a) The trustee, the personal representative, if any, of a deceased settlor’s probate estate, and the surviving spouse may provide for allocation of debts by…
- § 19325 On making a determination as provided in this chapter, the court shall make an order that: (a) Directs the trustee to make payment of the amounts allocated to…
- § 19326 Notwithstanding any other statute, funeral expenses and expenses of last illness, in the absence of specific provisions in a will or trust to the contrary,…
CHAPTER 11. Liability of Settlor’s Surviving Spouse § 19330 · 1 section
- § 19330 If proceedings are commenced under this part for the settlement of claims against the trust, and the time for filing claims has commenced, any action upon the…
CHAPTER 12. Distributee Liability §§ 19400–19403 · 4 sections
- § 19400 Subject to Section 366.2 of the Code of Civil Procedure, if there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee…
- § 19401 Subject to Section 19402, if the trustee filed a proposed notice to creditors pursuant to Section 19003 and published notice to creditors pursuant to Section…
- § 19402 (a) In any action under this chapter, subject to Section 366.2 of the Code of Civil Procedure, the distributee may assert any defenses, cross-complaints, or…
- § 19403 Nothing in this chapter affects the rights of a purchaser or encumbrancer of property in good faith and for value from a person who is personally liable under…
PART 9. Uniform Trust Decanting Act §§ 19501–19530 · 28 sections
- § 19501 This part may be cited as the Uniform Trust Decanting Act.
- § 19502 For purposes of this part: (a) “Appointive property” means the property or property interest subject to a power of appointment. (b) “Ascertainable standard”…
- § 19503 (a) Except as otherwise provided in subdivisions (b) and (c), this part applies to an express trust that is irrevocable or revocable by the settlor only with…
- § 19504 (a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with…
- § 19505 This part applies to a trust created before, on, or after January 1, 2019, that satisfies either of the following conditions: (a) Has its principal place of…
- § 19507 (a) In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given. (b) An authorized…
- § 19508 (a) Notice to a person with authority to represent and bind another person under this code or a first trust instrument has the same effect as notice given…
- § 19509 (a) On application of an authorized fiduciary, a person entitled to notice under subdivision (c) of Section 19507, a beneficiary, or, with respect to a…
- § 19510 An exercise of the decanting power shall be made in a writing signed by an authorized fiduciary. The signed writing shall, directly or by reference to the…
- § 19511 (a) For purposes of this section: (1) “Noncontingent right” means a right that is not subject to the exercise of discretion or the occurrence of a specified…
- § 19512 (a) For purposes of this section, “limited distributive discretion” means a discretionary power of distribution that is limited to an ascertainable standard or…
- § 19513 (a) For purposes of this section: (1) “Beneficiary with a disability” means a beneficiary of a first trust who the special needs fiduciary believes may qualify…
- § 19514 (a) For purposes of this section: (1) “Determinable charitable interest” means a charitable interest that is a right to a mandatory distribution currently,…
- § 19515 (a) An authorized fiduciary may not exercise the decanting power to the extent the first trust instrument expressly prohibits exercise of either of the…
- § 19516 (a) If a first trust instrument specifies an authorized fiduciary’s compensation, the fiduciary may not exercise the decanting power to increase the…
- § 19517 (a) Except as otherwise provided in this section, a second trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a…
- § 19518 An authorized fiduciary may not exercise the decanting power to modify a provision in a first trust instrument granting another person power to remove or…
- § 19519 (a) For purposes of this section: (1) “Grantor trust” means a trust as to which a settlor of a first trust is considered the owner under Sections 671 to 677,…
- § 19520 (a) Subject to subdivision (b), a second trust may have a duration that is the same as, or different from, the duration of the first trust. (b) To the extent…
- § 19521 An authorized fiduciary may exercise the decanting power whether or not under the first trust’s discretionary distribution standard the fiduciary would have…
- § 19522 (a) If exercise of the decanting power would be effective under this part, except that the second trust instrument in part does not comply with this part, the…
- § 19523 (a) For purposes of this section: (1) “Animal trust” means a trust or an interest in a trust described in Section 15212. (2) “Protector” means either of the…
- § 19524 A reference in this code to a trust instrument or terms of the trust includes a second trust instrument and the terms of the second trust.
- § 19525 (a) For purposes of the law of this state other than this part and subject to subdivision (b), a settlor of a first trust is deemed to be the settlor of the…
- § 19526 (a) Except as otherwise provided in subdivision (c), if exercise of the decanting power was intended to distribute all the principal of the first trust to one…
- § 19527 A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the…
- § 19529 This part does not limit a trustee’s ability to petition for instructions or other approval under a trust pursuant to Chapter 3 (commencing with Section 17200)…
- § 19530 The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions…