reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 3 - Termination of Deposit › ARTICLE 2 - Termination by Attorney › Section 734.

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 to the depositor’s personal representative.
(b) If the document is a will and the attorney has actual notice that the depositor has died but does not have actual notice that a personal representative has been appointed for the depositor, an attorney may terminate a deposit only as provided in Section 8200.
(c) If the document is a trust, after the death of the depositor an attorney may terminate a deposit by personal delivery of the document either to the depositor’s personal representative or to the trustee named in the document.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 3 - Termination of Deposit › ARTICLE 2 - Termination by Attorney › Section 735.

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 shareholder of the attorney’s law corporation, or by a lawyer or nonlawyer employee of the attorney’s firm, partnership, or corporation.
(b) If the attorney lacks legal capacity and there is no person to act under subdivision (a), a deposit may be terminated by the conservator of the attorney’s estate or by an attorney in fact acting under a durable power of attorney. A conservator of the attorney’s estate may act without court approval.
(c) If the attorney is deceased and there is no person to act under subdivision (a), a deposit may be terminated by the attorney’s personal representative.
(d) If a person authorized under this section terminates a deposit as provided in Section 732, the person shall give the notice required by Section 733.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 16 - JURISDICTION › Section 800.

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 respect to the proceedings as otherwise provided by law for a superior court, or a judge of the superior court, including, but not limited to, the matters authorized by Section 128 of the Code of Civil Procedure.
(Added by Stats. 1994, Ch. 806, Sec. 4. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 16 - JURISDICTION › Section 801.

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 determined in a separate civil action. Upon the payment of the appropriate filing fees, the court may order transfer of the severed action or proceeding to the separate civil action.
(Added by Stats. 1996, Ch. 862, Sec. 2. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 17 - LEGAL MENTAL CAPACITY › Section 810.

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 all persons have the capacity to make decisions and to be responsible for their acts or decisions.
(b) A person who has a mental or physical disorder may still be capable of contracting, conveying, marrying, making medical decisions, executing wills or trusts, and performing other actions.
(c) A judicial determination that a person is totally without understanding, or is of unsound mind, or suffers from one or more mental deficits so substantial that, under the circumstances, the person should be deemed to lack the legal capacity to perform a specific act, should be based on evidence of a deficit in one or more of the person’s mental functions rather than on a diagnosis of a person’s mental or physical disorder.
(Amended by Stats. 1998, Ch. 581, Sec. 19. Effective January 1, 1999.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 17 - LEGAL MENTAL CAPACITY › Section 812.

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 lacks the capacity to make a decision unless the person has the ability to communicate verbally, or by any other means, the decision, and to understand and appreciate, to the extent relevant, all of the following:
(a) The rights, duties, and responsibilities created by, or affected by the decision.
(b) The probable consequences for the decisionmaker and, where appropriate, the persons affected by the decision.
(c) The significant risks, benefits, and reasonable alternatives involved in the decision.
(Repealed and added by Stats. 1996, Ch. 178, Sec. 5. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 17 - LEGAL MENTAL CAPACITY › Section 813.

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 all of the following:
(1) Respond knowingly and intelligently to queries about that medical treatment.
(2) Participate in that treatment decision by means of a rational thought process.
(3) Understand all of the following items of minimum basic medical treatment information with respect to that treatment:
(A) The nature and seriousness of the illness, disorder, or defect that the person has.
(B) The nature of the medical treatment that is being recommended by the person’s health care providers.
(C) The probable degree and duration of any benefits and risks of any medical intervention that is being recommended by the person’s health care providers, and the consequences of lack of treatment.
(D) The nature, risks, and benefits of any reasonable alternatives.
(b) A person who has the capacity to give informed consent to a proposed medical treatment also has the capacity to refuse consent to that treatment.
(Amended by Stats. 1996, Ch. 178, Sec. 6. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON › Section 850.

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 following cases:
(A) Where the conservatee is bound by a contract in writing to convey real property or to transfer personal property, executed by the conservatee while competent or executed by the conservatee’s predecessor in interest, and the contract is one that can be specifically enforced.
(B) Where the minor has succeeded to the interest of a person bound by a contract in writing to convey real property or to transfer personal property, and the contract is one that can be specifically enforced.
(C) Where the guardian or conservator or the minor or conservatee is in possession of, or holds title to, real or personal property, and the property or some interest therein is claimed to belong to another.
(D) Where the minor or conservatee has a claim to real or personal property title to or possession of which is held by another.
(2) The personal representative or any interested person in any of the following cases:
(A) Where the decedent while living is bound by a contract in writing to convey real property or to transfer personal property and dies before making the conveyance or transfer and the decedent, if living, could have been compelled to make the conveyance or transfer.
(B) Where the decedent while living binds himself or herself or his or her personal representative by a contract in writing to convey real property or to transfer personal property upon or after his or her death and the contract is one which can be specifically enforced.
(C)Where the decedent died in possession of, or holding title to, real or personal property, and the property or some interest therein is claimed to belong to another.
(D) Where the decedent died having a claim to real or personal property, title to or possession of which is held by another.
(3) The trustee or any interested person in any of the following cases:
(A) Where the trustee is in possession of, or holds title to, real or personal property, and the property, or some interest, is claimed to belong to another.
(B) Where the trustee has a claim to real or personal property, title to or possession of which is held by another.
(C) Where the property of the trust is claimed to be subject to a creditor of the settlor of the trust.
(b) The petition shall set forth facts upon which the claim is based.
(Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON › Section 851.

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 provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on all of the following persons where applicable:
(1) The personal representative, conservator, guardian, or trustee as appropriate.
(2) Each person claiming an interest in, or having title to or possession of, the property.
(b) Except for those persons given notice pursuant to subdivision (a), notice of the hearing, together with a copy of the petition, shall be given as provided in Section 1220 if the matter concerns a decedent estate, as provided in Section 1460 if the matter concerns a conservatorship or guardianship, or as provided in Section 17203 if the matter concerns a trust to all of the following persons:
(1) Each person listed in Section 1220 along with any heir or devisee whose interest in the property may be affected by the petition if the matter concerns a decedent estate.
(2) Each person listed in Section 1460 if the matter concerns a conservatorship or guardianship.
(3) Each person listed in Section 17203 if the matter concerns a trust.
(c) A notice of hearing shall contain all of the following:
(1) A description of the subject property sufficient to provide adequate notice to any party who may have an interest in the property. For real property, the notice shall state the street address or, if none, a description of the property’s location and assessor’s parcel number.
(2) If the petition seeks relief pursuant to Section 859, a description of the relief sought sufficient to provide adequate notice to the party against whom that relief is requested.
(3) A statement advising any person interested in the property that he or she may file a response to the petition.
(d) The court may not shorten the time for giving the notice of hearing under this section.
(Amended by Stats. 2017, Ch. 32, Sec. 1. (AB 308) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON › Section 851.1.

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 851 in accordance with the same time periods set forth in the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure), except that the time periods shall commence to run upon service of the petition and notice of hearing. Nothing in this section shall alter when a respondent in such a proceeding may commence discovery.
(Added by Stats. 2017, Ch. 32, Sec. 2. (AB 308) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON › Section 852.

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 shall grant a continuance for a reasonable time for any of these purposes.
(Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON › Section 853.

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 of the petition if the petition is filed in a court which is not the proper court under any other provision of law for the trial of a civil action seeking the same relief and, if the objection is established, the court shall not grant the petition.
(Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON › Section 854.

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 the court where the civil action is pending prior to the filing of the petition, upon request of any party to the civil action, the court shall abate the petition until the conclusion of the civil action. This section shall not apply if the court finds that the civil action was filed for the purpose of delay.
(Amended by Stats. 2023, Ch. 131, Sec. 166. (AB 1754) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON › Section 855.

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 are related factually to the subject matter of a petition filed under this part.
(Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON › Section 856.

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 authorizing and directing the personal representative or other fiduciary, or the person having title to or possession of the property, to execute a conveyance or transfer to the person entitled thereto, or granting other appropriate relief.
(Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON › Section 856.5.

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.
(Added by Stats. 2001, Ch. 417, Sec. 3. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON › Section 857.

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 person to make the conveyance or transfer.
(b) After entry of an order that the personal representative, other fiduciary, or other person execute a conveyance or transfer, the person entitled thereunder has the right to the possession of the property, and the right to hold the property, according to the terms of the order as if the property had been conveyed or transferred in accordance with the terms of the order.
(Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON › Section 858.

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 minor dies during the pendency of the proceeding, the personal representative of the conservatee or minor’s estate or other successor in interest may proceed with the matter and the existing proceeding shall not be dismissed on account of the death of the conservatee or minor.
(Amended by Stats. 2004, Ch. 183, Sec. 278. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON › Section 859.

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 adult, a trust, or the estate of a decedent, or has taken, concealed, or disposed of the property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action under this part. In addition, except as otherwise required by law, including Section 15657.5 of the Welfare and Institutions Code, the person may, in the court’s discretion, be liable for reasonable attorney’s fees and costs. The remedies provided in this section shall be in addition to any other remedies available in law to a person authorized to bring an action pursuant to this part.
(Amended by Stats. 2013, Ch. 99, Sec. 1. (AB 381) Effective January 1, 2014.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 870.

870. This part shall be known, and may be cited, as the Revised Uniform Fiduciary Access to Digital Assets Act.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 872.

872. (a) This part shall apply to any of the following:
(1) A fiduciary acting under a will executed before, on, or after January 1, 2017.
(2) A personal representative acting for a decedent who died before, on, or after January 1, 2017.
(3) A trustee acting under a trust created before, on, or after January 1, 2017.
(4) A custodian of digital assets for a user if the user resides in this state or resided in this state at the time of the user’s death.
(b) This part shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 873.

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, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b) If a user has not used an online tool to give direction under subdivision (a) or if a custodian has not provided an online tool, a user may allow or prohibit in a will, trust, power of attorney, or other record the disclosure to a fiduciary of some or all of the user’s digital assets, including the contents of electronic communications sent or received by the user.
(c) A user’s direction under subdivision (a) or (b) overrides a contrary provision in a terms-of-service agreement.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 874.

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) This part does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate or trust, the fiduciary or designated recipient acts or represents.
(c) A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement when the user has not provided any direction that is recognized in Section 873.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 875.

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 or designated recipient full access to the user’s account.
(2) Grant the fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged.
(3) Provide the fiduciary or designated recipient with a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this part.
(c) A custodian need not disclose under this part a digital asset deleted by a user.
(d) If a user directs or a fiduciary or designated recipient requests a custodian to disclose under this part some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian, fiduciary, or designated recipient may petition the court for an order to do any of the following:
(1) Disclose a subset limited by date of the user’s digital assets.
(2) Disclose all of the user’s digital assets to the fiduciary or designated recipient.
(3) Disclose none of the user’s digital assets.
(4) Disclose all of the user’s digital assets to the court for review in camera.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 876.

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 personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives to the custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A certified copy of the death certificate of the user.
(c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order.
(d) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications.
(e) If requested by the custodian, any of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account.
(2) Evidence linking the account to the user.
(3) An order of the court finding any of the following:
(A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1).
(B) That disclosure of the content of the user’s electronic communications would not violate Chapter 121 (commencing with Section 2701) of Part 1 of Title 18 of, and Section 222 of Title 47 of, the United States Code, or other applicable law.
(C) Unless the user provided direction using an online tool, that the user consented to disclosure of the content of electronic communications.
(D) That disclosure of the content of electronic communications of a user is reasonably necessary for estate administration.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 877.

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 of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives to the custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A certified copy of the death certificate of the user.
(c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order.
(d) If requested by the custodian, any of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account.
(2) Evidence linking the account to the user.
(3) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for estate administration.
(4) An order of the court finding either of the following:
(A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1).
(B) That disclosure of the user’s digital assets is reasonably necessary for estate administration.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 878.

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 account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives to the custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A certified copy of the death certificate of the settlor.
(c) A certified copy of the trust instrument, or a certification of trust under Section 18100.5, evidencing the settlor’s consent to disclosure of the content of electronic communications to the trustee.
(d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust.
(e) If requested by the custodian, any of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account.
(2) Evidence linking the account to the trust.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 879.

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 an account, the catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the settlor of the trust is deceased and the trustee gives the custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A certified copy of the death certificate of the settlor.
(c) A certified copy of the trust instrument or a certification of trust under Section 18100.5.
(d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust.
(e) If requested by the custodian, any of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account.
(2) Evidence linking the account to the trust.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 881.

881. (a) Not later than 60 days after receipt of the information required under Sections 876 to 879, inclusive, a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with a request, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(b) An order under subdivision (a) directing compliance shall contain a finding that compliance is not in violation of Section 2702 of Title 18 of the United States Code.
(c) A custodian may notify a user that a request for disclosure of digital assets or to terminate an account was made pursuant to this part.
(d) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the date of death of the user.
(e) This part does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or account termination under this part to obtain a court order that makes all of the following findings:
(1) The account belongs to the decedent, principal, or trustee.
(2) There is sufficient consent from the decedent, principal, or settlor to support the requested disclosure.
(3) Any specific factual finding required by any other applicable law in effect at that time, including, but not limited to, a finding that disclosure is not in violation of Section 2702 of Title 18 of the United States Code.
(f) (1) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith and in compliance with this part.
(2) The protections specified in paragraph (1) shall not apply in a case of gross negligence or willful or wanton misconduct of the custodian or its officers, employees, or agents.
(Amended (as added by Stats. 2016, Ch.551) by Stats. 2016, Ch. 585, Sec. 2. (SB 873) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 882.

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 modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)).
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 883.

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, restrictions, terms of service, and legal obligations, including copyright law, that applied to the deceased user or settlor.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 884.

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 of this part that can be given effect without the invalid provision or application, and, to this end, the provisions of this part are severable.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 21 - Periodic Adjustment of Dollar Amounts › Section 890.

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 Part 3 of Division 6 and in Division 8 (commencing with Section 13000) in effect immediately before that date shall be adjusted as provided in subdivision (b).
(b) The Judicial Council shall determine the amount of the adjustment based on the change in the United States city average of the “Consumer Price Index for All Urban Consumers,” as published by the United States Bureau of Labor Statistics, from the December that is 40 months prior to the adjustment to the December immediately preceding the adjustment, with each adjusted amount rounded to the nearest twenty-five dollars ($25).
(c) Beginning April 1, 2022, the Judicial Council shall, after adjusting the amounts as directed in subdivision (b), publish a list of the current dollar amounts for the provisions identified in subdivision (a), together with the date of the next scheduled adjustment.
(d) Adjustments made under subdivision (a) do not apply when the decedent’s death preceded the date of adjustment.
(Added by Stats. 2019, Ch. 122, Sec. 1. (AB 473) Effective January 1, 2020.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Rules of Practice › Section 1000.

1000. (a) Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and proceedings under Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice in, proceedings under this code. All issues of fact joined in probate proceedings shall be tried in conformity with the rules of practice in civil actions.
(b) For purposes of determining when a petitioner in a proceeding under this code may commence discovery as to nonparties, the time periods set forth in the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply, except that the time periods shall commence to run upon service of the petition and notice of hearing upon all parties entitled to notice. Nothing in this subdivision shall either alter when a respondent in such a proceeding may commence discovery or increase the extent to which nonparties may be subject to discovery.
(Amended by Stats. 2017, Ch. 32, Sec. 3. (AB 308) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Rules of Practice › Section 1001.

1001. (a) The Judicial Council may provide by rule for the practice and procedure under this code. Unless disapproved by the Judicial Council, a court may provide by local rule for the practice and procedure under this code. Judicial Council and local court rules shall be consistent with the applicable statutes.
(b) The Judicial Council may prescribe the form of the applications, notices, orders, and other documents required by this code. Any form prescribed by the Judicial Council is deemed to comply with this code.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Rules of Practice › Section 1002.

1002. Unless it is otherwise provided by this code or by rules adopted by the Judicial Council, either the superior court or the court on appeal may, in its discretion, order costs to be paid by any party to the proceedings, or out of the assets of the estate, as justice may require.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Rules of Practice › Section 1003.

1003. (a) The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate:
(1) A minor.
(2) A person who lacks legal capacity to make decisions.
(3) An unborn beneficiary.
(4) An unascertained person.
(5) A person whose identity or address is unknown.
(6) A designated class of persons who are not ascertained or are not in being.
(b) If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(c) The reasonable expenses of the guardian ad litem, including compensation and attorney’s fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from any other source as the court orders.
(d) Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding:
(1) Any known actual or potential conflicts of interest that would or might arise from the appointment.
(2) Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties.
(e) If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court.
(Amended by Stats. 2023, Ch. 260, Sec. 20. (SB 345) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Rules of Practice › Section 1003.5.

1003.5. The public guardian shall not be appointed as a guardian ad litem pursuant to Section 1003 unless the court, after reasonable notice and inquiry, finds that no other qualified person is willing to act as a guardian ad litem.
(Added by Stats. 1994, Ch. 472, Sec. 1. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Rules of Practice › Section 1004.

1004. If a proceeding under this code affects the title to or the right of possession of real property, notice of the pendency of the proceeding may be filed pursuant to Title 4.5 (commencing with Section 405) of Part 2 of the Code of Civil Procedure.
(Amended by Stats. 2003, Ch. 32, Sec. 1. Effective January 1, 2004.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Petitions and Other Papers › Section 1020.

1020. Except as provided in Section 1023, a petition, objection, response, report, or account filed pursuant to this code shall be in writing, signed by all of the petitioners, objectors, or respondents or by all of the persons making the report or account, and filed with the court clerk. Verification of a document shall constitute signature of that document, unless expressly provided to the contrary.
(Amended by Stats. 1992, Ch. 871, Sec. 3. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Petitions and Other Papers › Section 1021.

1021. (a) All of the following shall be verified:
(1) A petition, report, or account filed pursuant to this code.
(2) An objection or response filed pursuant to this code to a petition, report, or account.
(b) Except as provided in Section 1023, the verification shall be made as follows:
(1) A petition shall be verified by the petitioner or, if there are two or more parties joining in the petition, by any of them.
(2) A report or account shall be verified by the person who has the duty to make the report or account or, if there are two or more persons having a duty to make the report or account, by any of them.
(3) An objection or response shall be verified by the objector or respondent or, if there are two or more parties joining in the objection or response, by any of them.
(Amended by Stats. 1996, Ch. 862, Sec. 3. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Petitions and Other Papers › Section 1022.

1022. An affidavit or verified petition shall be received as evidence when offered in an uncontested proceeding under this code.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Petitions and Other Papers › Section 1023.

1023. If a petitioner, objector, or respondent is absent from the county or for some other cause is unable to sign or verify a petition, objection, or response filed pursuant to this code, the person’s attorney may sign or verify the petition, objection, or response unless the person is a fiduciary appointed in the proceeding.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Hearings and Orders › Section 1040.

1040. This chapter governs the hearing of all matters under this code, except where the statute that provides for the hearing of the matter prescribes a different procedure.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Hearings and Orders › Section 1041.

1041. When a petition, report, account, or other matter that requires a hearing is filed with the court clerk, the clerk shall set the matter for hearing.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Hearings and Orders › Section 1042.

1042. A hearing under this code shall be on notice unless the statute that provides for the hearing dispenses with notice.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Hearings and Orders › Section 1043.

1043. (a) An interested person may appear and make a response or objection in writing at or before the hearing.
(b) An interested person may appear and make a response or objection orally at the hearing. The court in its discretion shall either hear and determine the response or objection at the hearing, or grant a continuance for the purpose of allowing a response or objection to be made in writing.
(c) A request for a continuance for the purpose of making a written response or objection shall not itself be considered as a response or objection, nor shall the failure to make a response or objection during the time allowed be considered as a response or objection.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Hearings and Orders › Section 1044.

1044. The petitioner or other party affirming is the plaintiff and the party objecting or responding is the defendant.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Hearings and Orders › Section 1045.

1045. The court may continue or postpone any hearing, from time to time, in the interest of justice.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Hearings and Orders › Section 1046.

1046. The court shall hear and determine any matter at issue and any response or objection presented, consider evidence presented, and make appropriate orders.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Hearings and Orders › Section 1047.

1047. Except as otherwise provided in this code, an order made in a proceeding under this code need not recite the existence of facts, or the performance of acts, upon which jurisdiction depends, but need only contain the matters ordered.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Hearings and Orders › Section 1048.

1048. (a) Except as provided in subdivision (b), orders shall be either entered at length in the minute book of the court or signed by the judge and filed.
(b) An order for distribution shall be entered at length in a judgment book or other permanent record of the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Hearings and Orders › Section 1049.

1049. An order may be enforced as provided in Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure.
(Enacted by Stats. 1990, Ch. 79.)