reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 5 - Determination or Confirmation of Property Passing or Belonging to Surviving Spouse › Section 13658.

13658. If the court determines that all or a part of the property passing to the surviving spouse consists of an unincorporated business or an interest in an unincorporated business which the deceased spouse was operating or managing at the time of death, the court shall require the surviving spouse to file a list of all of the known creditors of the business and the amounts owing to each of them. The court may issue any order necessary to protect the interests of the creditors of the business, including, but not limited to, the filing of (1) an undertaking and (2) an inventory and appraisal in the form provided in Section 8802 and made as provided in Part 3 (commencing with Section 8800) of Division 7.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 5 - Determination or Confirmation of Property Passing or Belonging to Surviving Spouse › Section 13659.

13659. Except as provided in Section 13658, no inventory and appraisal of the estate of the deceased spouse is required in a proceeding under this chapter. However, within three months after the filing of a petition under this chapter, or within such further time as the court or judge for reasonable cause may allow, the petitioner may file with the clerk of the court an inventory and appraisal made as provided in Part 3 (commencing with Section 8800) of Division 7. The petitioner may appraise the assets which a personal representative could appraise under Section 8901.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION › PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION › CHAPTER 5 - Determination or Confirmation of Property Passing or Belonging to Surviving Spouse › Section 13660.

13660. The attorney’s fees for services performed in connection with the filing of a petition and obtaining of a court order under this chapter shall be determined by private agreement between the attorney and the client and are not subject to approval by the court. If there is no agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining of a court order under this chapter and there is a dispute concerning the reasonableness of the attorney’s fees for those services, a petition may be filed with the court in the same proceeding requesting that the court determine the reasonableness of the attorney’s fees for those services. If there is an agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the meaning of the agreement, a petition may be filed with the court in the same proceeding requesting that the court determine the dispute.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 1 - GENERAL PROVISIONS › Section 15001.

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) This division applies to all proceedings concerning trusts commenced on or after July 1, 1987.
(c) This division applies to all proceedings concerning trusts commenced before July 1, 1987, unless in the opinion of the court application of a particular provision of this division would substantially interfere with the effective conduct of the proceedings or the rights of the parties and other interested persons, in which case the particular provision of this division does not apply and prior law applies.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 1 - GENERAL PROVISIONS › Section 15003.

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) of Part 4 of Division 3 of the Civil Code by Chapter 820 of the Statutes of 1986 was not intended to alter the rules applied by the courts to fiduciary and confidential relationships, except as to express trusts governed by this division.
(c) Nothing in this division or in Section 82 is intended to prevent the application of all or part of the principles or procedures of this division to an entity or relationship that is excluded from the definition of “trust” provided by Section 82 where these principles or procedures are applied pursuant to statutory or common law principles, by court order or rule, or by contract.
(Amended by Stats. 1990, Ch. 710, Sec. 43. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 1 - GENERAL PROVISIONS › Section 15004.

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 that the application of the provision is not in conflict with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2020, Ch. 370, Sec. 232. (SB 1371) Effective January 1, 2021.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 1 - Creation and Validity of Trusts › Section 15200.

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 holds the property as trustee.
(b) A transfer of property by the owner during the owner’s lifetime to another person as trustee.
(c) A transfer of property by the owner, by will or by other instrument taking effect upon the death of the owner, to another person as trustee.
(d) An exercise of a power of appointment to another person as trustee.
(e) An enforceable promise to create a trust.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 1 - Creation and Validity of Trusts › Section 15201.

15201. A trust is created only if the settlor properly manifests an intention to create a trust.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 1 - Creation and Validity of Trusts › Section 15203.

15203. A trust may be created for any purpose that is not illegal or against public policy.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 1 - Creation and Validity of Trusts › Section 15204.

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 the trust property comes within that purpose.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 1 - Creation and Validity of Trusts › Section 15205.

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 instrument provides for either of the following:
(1) A beneficiary or class of beneficiaries that is ascertainable with reasonable certainty or that is sufficiently described so it can be determined that some person meets the description or is within the class.
(2) A grant of a power to the trustee or some other person to select the beneficiaries based on a standard or in the discretion of the trustee or other person.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 1 - Creation and Validity of Trusts › Section 15206.

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 the trustee’s agent if authorized in writing to do so.
(b) By a written instrument conveying the trust property signed by the settlor, or by the settlor’s agent if authorized in writing to do so.
(c) By operation of law.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 1 - Creation and Validity of Trusts › Section 15207.

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 settlor, standing alone, is not sufficient evidence of the creation of a trust of personal property.
(c) In the case of an oral trust, a reference in this division or elsewhere to a trust instrument or declaration means the terms of the trust as established pursuant to subdivision (a).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 1 - Creation and Validity of Trusts › Section 15208.

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 contract are satisfied.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 1 - Creation and Validity of Trusts › Section 15209.

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 following circumstances:
(a) Where there is one settlor who is the sole trustee and the sole beneficiary during the settlor’s lifetime.
(b) Where there are two or more settlors, one or more of whom are trustees, and the beneficial interest in the trust is in one or more of the settlors during the lifetime of the settlors.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 1 - Creation and Validity of Trusts › Section 15210.

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 portion of the real property is located.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 1 - Creation and Validity of Trusts › Section 15211.

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, whether or not there is a beneficiary who can seek enforcement or termination of the trust and whether or not the terms of the trust contemplate a longer duration.
(Added by Stats. 1991, Ch. 156, Sec. 20.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 2 - Restrictions on Voluntary and Involuntary Transfers › Section 15300.

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 or involuntary transfer, the beneficiary’s interest in income under the trust may not be transferred and is not subject to enforcement of a money judgment until paid to the beneficiary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 2 - Restrictions on Voluntary and Involuntary Transfers › Section 15301.

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 principal is not subject to voluntary or involuntary transfer, the beneficiary’s interest in principal may not be transferred and is not subject to enforcement of a money judgment until paid to the beneficiary.
(b) After an amount of principal has become due and payable to the beneficiary under the trust instrument, upon petition to the court under Section 709.010 of the Code of Civil Procedure by a judgment creditor, the court may make an order directing the trustee to satisfy the money judgment out of that principal amount. The court in its discretion may issue an order directing the trustee to satisfy all or part of the judgment out of that principal amount.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 2 - Restrictions on Voluntary and Involuntary Transfers › Section 15302.

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 education or support of a beneficiary, the beneficiary’s interest in income or principal or both under the trust, to the extent the income or principal or both is necessary for the education or support of the beneficiary, may not be transferred and is not subject to the enforcement of a money judgment until paid to the beneficiary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 2 - Restrictions on Voluntary and Involuntary Transfers › Section 15303.

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 trustee in the trustee’s discretion sees fit to pay, a transferee or creditor of the beneficiary may not compel the trustee to pay any amount that may be paid only in the exercise of the trustee’s discretion.
(b) If the trustee has knowledge of the transfer of the beneficiary’s interest or has been served with process in a proceeding under Section 709.010 of the Code of Civil Procedure by a judgment creditor seeking to reach the beneficiary’s interest, and the trustee pays to or for the benefit of the beneficiary any part of the income or principal that may be paid only in the exercise of the trustee’s discretion, the trustee is liable to the transferee or creditor to the extent that the payment to or for the benefit of the beneficiary impairs the right of the transferee or creditor. This subdivision does not apply if the beneficiary’s interest in the trust is subject to a restraint on transfer that is valid under Section 15300 or 15301.
(c) This section applies regardless of whether the trust instrument provides a standard for the exercise of the trustee’s discretion.
(d) Nothing in this section limits any right the beneficiary may have to compel the trustee to pay to or for the benefit of the beneficiary all or part of the income or principal.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 2 - Restrictions on Voluntary and Involuntary Transfers › Section 15304.

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 involuntary transfer of the settlor’s interest, the restraint is invalid against transferees or creditors of the settlor. The invalidity of the restraint on transfer does not affect the validity of the trust.
(b) If the settlor is the beneficiary of a trust created by the settlor and the trust instrument provides that the trustee shall pay income or principal or both for the education or support of the beneficiary or gives the trustee discretion to determine the amount of income or principal or both to be paid to or for the benefit of the settlor, a transferee or creditor of the settlor may reach the maximum amount that the trustee could pay to or for the benefit of the settlor under the trust instrument, not exceeding the amount of the settlor’s proportionate contribution to the trust.
(c) For purposes of this chapter, the settlor shall not be considered to be a beneficiary of an irrevocable trust created by the settlor solely by reason of a discretionary authority vested in the trustee to pay directly or reimburse the settlor for any federal or state income tax on trust income or principal that is payable by the settlor, and a transferee or creditor of the settlor shall not be entitled to reach any amount solely by a reason of that discretionary authority.
(Amended by Stats. 2022, Ch. 32, Sec. 1. (AB 1866) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 2 - Restrictions on Voluntary and Involuntary Transfers › Section 15305.

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 the beneficiary has the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, the court may, to the extent that the court determines it is equitable and reasonable under the circumstances of the particular case, order the trustee to satisfy all or part of the support judgment out of all or part of those payments as they become due and payable, presently or in the future.
(c) Whether or not the beneficiary has the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, the court may, to the extent that the court determines it is equitable and reasonable under the circumstances of the particular case, order the trustee to satisfy all or part of the support judgment out of all or part of future payments that the trustee, pursuant to the exercise of the trustee’s discretion, determines to make to or for the benefit of the beneficiary.
(d) This section applies to a support judgment notwithstanding any provision in the trust instrument.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 2 - Restrictions on Voluntary and Involuntary Transfers › Section 15305.5.

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 incurred as a result of conduct for which the defendant was convicted of a felony.
(b) If the beneficiary has the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, the court may, to the extent that the court determines it is equitable and reasonable under the circumstances of the particular case, order the trustee to satisfy all or part of the restitution judgment out of all or part of those payments as they become due and payable, presently or in the future.
(c) Whether or not the beneficiary has the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, the court may, to the extent that the court determines it is equitable and reasonable under the circumstances of the particular case, order the trustee to satisfy all or part of the restitution judgment out of all or part of future payments that the trustee, pursuant to the exercise of the trustee’s discretion, determines to make to or for the benefit of the beneficiary.
(d) This section applies to a restitution judgment notwithstanding any provision in the trust instrument.
(Added by Stats. 1991, Ch. 175, Sec. 1.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 2 - Restrictions on Voluntary and Involuntary Transfers › Section 15306.

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 public entity in this state for public support furnished to the beneficiary or to the beneficiary’s spouse or minor child, upon petition to the court under Section 709.010 of the Code of Civil Procedure by the appropriate state or local public entity or public official, to the extent the court determines it is equitable and reasonable under the circumstances of the particular case, the court may do the following:
(1) If the beneficiary has the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, order the trustee to satisfy all or part of the liability out of all or part of the payments as they become due, presently or in the future.
(2) Whether or not the beneficiary has the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, order the trustee to satisfy all or part of the liability out of all or part of the future payments that the trustee, pursuant to the exercise of the trustee’s discretion, determines to make to or for the benefit of the beneficiary.
(3) If the beneficiary is a settlor or the spouse or minor child of the settlor and the beneficiary does not have the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, to the extent that the trustee has the right to make payments of income or principal or both to or for the beneficiary pursuant to the exercise of the trustee’s discretion, order the trustee to satisfy all or part of the liability without regard to whether the trustee has then exercised or may thereafter exercise the discretion in favor of the beneficiary.
(b) Subdivision (a) does not apply to any trust that is established for the benefit of an individual who has a disability that substantially impairs the individual’s ability to provide for his or her own care or custody and constitutes a substantial handicap. If, however, the trust results in the individual being ineligible for needed public social services under Division 9 (commencing With Section 10000) of the Welfare and Institutions Code, this subdivision is not applicable and the provisions of subdivision (a) are to be applied.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 2 - Restrictions on Voluntary and Involuntary Transfers › Section 15306.5.

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 section, upon a judgment creditor’s petition under Section 709.010 of the Code of Civil Procedure, the court may make an order directing the trustee to satisfy all or part of the judgment out of the payments to which the beneficiary is entitled under the trust instrument or that the trustee, in the exercise of the trustee’s discretion, has determined or determines in the future to pay to the beneficiary.
(b) An order under this section may not require that the trustee pay in satisfaction of the judgment an amount exceeding 25 percent of the payment that otherwise would be made to, or for the benefit of, the beneficiary.
(c) An order under this section may not require that the trustee pay in satisfaction of the judgment any amount that the court determines is necessary for the support of the beneficiary and all the persons the beneficiary is required to support.
(d) An order for satisfaction of a support judgment, as defined in Section 15305, has priority over an order to satisfy a judgment under this section. Any amount ordered to be applied to the satisfaction of a judgment under this section shall be reduced by the amount of an order for satisfaction of a support judgment under Section 15305, regardless of whether the order for satisfaction of the support judgment was made before or after the order under this section.
(e) If the trust gives the trustee discretion over the payment of either principal or income of a trust, or both, nothing in this section affects or limits that discretion in any manner. The trustee has no duty to oppose a petition to satisfy a judgment under this section or to make any claim for exemption on behalf of the beneficiary. The trustee is not liable for any action taken, or omitted to be taken, in compliance with any court order made under this section.
(f) Subject to subdivision (d), the aggregate of all orders for satisfaction of money judgments against the beneficiary’s interest in the trust may not exceed 25 percent of the payment that otherwise would be made to, or for the benefit of, the beneficiary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 2 - Restrictions on Voluntary and Involuntary Transfers › Section 15307.

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 under the trust instrument or that the trustee, in the exercise of the trustee’s discretion, has determined to pay to the beneficiary in excess of the amount that is or will be necessary for the education and support of the beneficiary may be applied to the satisfaction of a money judgment against the beneficiary. Upon the judgment creditor’s petition under Section 709.010 of the Code of Civil Procedure, the court may make an order directing the trustee to satisfy all or part of the judgment out of the beneficiary’s interest in the trust.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 2 - Restrictions on Voluntary and Involuntary Transfers › Section 15308.

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 where the order was made.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 2 - Restrictions on Voluntary and Involuntary Transfers › Section 15309.

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 15301.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15400.

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 domiciled in this state when the trust is created, where the trust instrument is executed in this state, or where the trust instrument provides that the law of this state governs the trust.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15401.

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 method of revocation provided in the trust instrument.
(2) By a writing, other than a will, signed by the settlor or any other person holding the power of revocation and delivered to the trustee during the lifetime of the settlor or the person holding the power of revocation. If the trust instrument explicitly makes the method of revocation provided in the trust instrument the exclusive method of revocation, the trust may not be revoked pursuant to this paragraph.
(b) (1) Unless otherwise provided in the instrument, if a trust is created by more than one settlor, each settlor may revoke the trust as to the portion of the trust contributed by that settlor, except as provided in Section 761 of the Family Code.
(2) Notwithstanding paragraph (1), a settlor may grant to another person, including, but not limited to, his or her spouse, a power to revoke all or part of that portion of the trust contributed by that settlor, regardless of whether that portion was separate property or community property of that settlor, and regardless of whether that power to revoke is exercisable during the lifetime of that settlor or continues after the death of that settlor, or both.
(c) A trust may not be modified or revoked by an attorney in fact under a power of attorney unless it is expressly permitted by the trust instrument.
(d) This section shall not limit the authority to modify or terminate a trust pursuant to Section 15403 or 15404 in an appropriate case.
(e) The manner of revocation of a trust revocable by the settlor or any other person that was created by an instrument executed before July 1, 1987, is governed by prior law and not by this section.
(Amended by Stats. 2012, Ch. 55, Sec. 1. (AB 1683) Effective January 1, 2013.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15402.

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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15403.

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 the trust.
(b) If the continuance of the trust is necessary to carry out a material purpose of the trust, the trust cannot be modified or terminated unless the court, in its discretion, determines that the reason for doing so under the circumstances outweighs the interest in accomplishing a material purpose of the trust. If the trust is subject to a valid restraint on the transfer of a beneficiary’s interest as provided in Chapter 2 (commencing with Section 15300), the trust may not be terminated unless the court determines there is good cause to do so.
(c) If the trust provides for the disposition of principal to a class of persons described only as “heirs” or “next of kin” of the settlor, or using other words that describe the class of all persons who would take under the rules of intestacy, the court may limit the class of beneficiaries whose consent is necessary to modify or terminate a trust to the beneficiaries who are reasonably likely to take under the circumstances.
(Amended by Stats. 2017, Ch. 61, Sec. 1. (SB 333) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15404.

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 termination.
(b) If any beneficiary does not consent to the modification or termination of the trust, the court may modify or partially terminate the trust upon petition to the court by the other beneficiaries, with the consent of the settlor, if the interests of the beneficiaries who do not consent are not substantially impaired.
(c) If the trust provides for the disposition of principal to a class of persons described only as “heirs” or “next of kin” of the settlor, or using other words that describe the class of all persons who would take under the rules of intestacy, the court may limit the class of beneficiaries whose consent is necessary to modify or terminate a trust to the beneficiaries who are reasonably likely to take under the circumstances.
(Amended by Stats. 2017, Ch. 61, Sec. 2. (SB 333) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15405.

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 beneficiary may be given in proceedings before the court by a guardian ad litem, if it would be appropriate to do so. In determining whether to give consent, the guardian ad litem may rely on general family benefit accruing to living members of the beneficiary’s family as a basis for approving a modification or termination of the trust.
(Amended by Stats. 2023, Ch. 260, Sec. 22. (SB 345) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15406.

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 fertility is rebuttable.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15407.

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 unlawful.
(4) The trust purpose becomes impossible to fulfill.
(5) The trust is revoked.
(b) On termination of the trust, the trustee continues to have the powers reasonably necessary under the circumstances to wind up the affairs of the trust.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15408.

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 the cost of administration that continuation of the trust under its existing terms will defeat or substantially impair the accomplishment of its purposes, the court may, in its discretion and in a manner that conforms as nearly as possible to the intention of the settlor, order any of the following:
(1) Termination of the trust.
(2) Modification of the trust.
(3) Appointment of a new trustee.
(b) Notwithstanding subdivision (a), if the trust principal does not exceed fifty thousand dollars ($50,000) in value, the trustee has the power to terminate the trust.
(c) The existence of a trust provision restraining transfer of the beneficiary’s interest does not prevent application of this section.
(Amended by Stats. 2018, Ch. 78, Sec. 1. (AB 2426) Effective January 1, 2019.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15409.

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 circumstances not known to the settlor and not anticipated by the settlor, the continuation of the trust under its terms would defeat or substantially impair the accomplishment of the purposes of the trust. In this case, if necessary to carry out the purposes of the trust, the court may order the trustee to do acts that are not authorized or are forbidden by the trust instrument.
(b) The court shall consider a trust provision restraining transfer of the beneficiary’s interest as a factor in making its decision whether to modify or terminate the trust, but the court is not precluded from exercising its discretion to modify or terminate the trust solely because of a restraint on transfer.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15410.

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 property shall be disposed of in the following order of priority:
(1) As directed by the settlor.
(2) As provided in the trust instrument.
(3) To the extent that there is no direction by the settlor or in the trust instrument, to the settlor, or his or her estate, as the case may be.
(b) In the case of a trust that is revoked by any person holding a power of revocation other than the settlor, the trust property shall be disposed of in the following order of priority:
(1) As provided in the trust instrument.
(2) As directed by the person exercising the power of revocation.
(3) To the extent that there is no direction in the trust instrument or by the person exercising the power of revocation, to the person exercising the power of revocation, or his or her estate, as the case may be.
(c) In the case of a trust that is terminated by the consent of the settlor and all beneficiaries, as agreed by the settlor and all beneficiaries.
(d) In any other case, as provided in the trust instrument or in a manner directed by the court that conforms as nearly as possible to the intention of the settlor as expressed in the trust instrument.
(e) If a trust is terminated by the trustee pursuant to subdivision (b) of Section 15408, the trust property may be distributed as determined by the trustee pursuant to the standard provided in subdivision (d) without the need for a court order. If the trust instrument does not provide a manner of distribution at termination and the settlor’s intent is not adequately expressed in the trust instrument, the trustee may distribute the trust property to the living beneficiaries on an actuarial basis.
(Amended by Stats. 2012, Ch. 55, Sec. 2. (AB 1683) Effective January 1, 2013.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15411.

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 if the court determines that administration as a single trust will not defeat or substantially impair the accomplishment of the trust purposes or the interests of the beneficiaries.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15412.

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 dividing the trust will not defeat or substantially impair the accomplishment of the trust purposes or the interests of the beneficiaries.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15413.

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 longer of the periods provided by the statutory rule against perpetuities, Article 2 (commencing with Section 21205) of Chapter 1 of Part 2 of Division 11.
(Added by Stats. 1991, Ch. 156, Sec. 22.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS › CHAPTER 3 - Modification and Termination of Trusts › Section 15414.

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 statutory rule against perpetuities, Article 2 (commencing with Section 21205) of Chapter 1 of Part 2 of Division 11, the trust may be terminated in either of the following manners:
(a) On petition by a majority of the beneficiaries.
(b) On petition by the Attorney General or by any person who would be affected by the termination, if the court finds that the termination would be in the public interest or in the best interest of a majority of the persons who would be affected by the termination.
(Added by Stats. 1991, Ch. 156, Sec. 23.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 1 - Trustees › ARTICLE 1 - General Provisions › Section 15600.

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 trust instrument as modified, or signing a separate written acceptance.
(2) Knowingly exercising powers or performing duties under the trust instrument or the trust instrument as modified, except as provided in subdivision (b).
(b) In a case where there is an immediate risk of damage to the trust property, the person named as trustee may act to preserve the trust property without accepting the trust or a modification of the trust, if within a reasonable time after acting the person delivers a written rejection of the trust or the modification of the trust to the settlor or, if the settlor is dead or incompetent, to a beneficiary. This subdivision does not impose a duty on the person named as trustee to act.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 1 - Trustees › ARTICLE 1 - General Provisions › Section 15601.

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 modification of the trust by a method provided in subdivision (a) of Section 15600 within a reasonable time after learning of being named as trustee or of the modification, the person has rejected the trust or the modification.
(c) A person named as trustee who rejects the trust or a modification of the trust is not liable with respect to the rejected trust or modification.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 1 - Trustees › ARTICLE 1 - General Provisions › Section 15602.

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 required by the trust instrument.
(2) Notwithstanding a waiver of a bond in the trust instrument, a bond is found by the court to be necessary to protect the interests of beneficiaries or other persons having an interest in the trust.
(3) An individual who is not named as a trustee in the trust instrument is appointed as a trustee by the court.
(b) Notwithstanding paragraphs (1) and (3) of subdivision (a), the court may excuse a requirement of a bond, reduce or increase the amount of a bond, release a surety, or permit the substitution of another bond with the same or different sureties. The court may not, however, excuse the requirement of a bond for an individual described in paragraph (3) of subdivision (a), except under compelling circumstances. For the purposes of this section, a request by all the adult beneficiaries of a trust that bond be waived for an individual described in paragraph (3) of subdivision (a) for their trust is deemed to constitute a compelling circumstance.
(c) If a bond is required, it shall be filed or served and shall be in the amount and with sureties and liabilities ordered by the court.
(d) Except as otherwise provided in the trust instrument or ordered by the court, the cost of the bond shall be charged against the trust.
(e) A trust company may not be required to give a bond, notwithstanding a contrary provision in the trust instrument.
(Amended by Stats. 2004, Ch. 75, Sec. 1. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 1 - Trustees › ARTICLE 1 - General Provisions › Section 15603.

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 file shows the incumbency of the trustee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 1 - Trustees › ARTICLE 2 - Cotrustees › Section 15620.

15620. Unless otherwise provided in the trust instrument, a power vested in two or more trustees may only be exercised by their unanimous action.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 1 - Trustees › ARTICLE 2 - Cotrustees › Section 15621.

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 trust as if they are the only trustees.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 1 - Trustees › ARTICLE 2 - Cotrustees › Section 15622.

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 temporary incapacity, the remaining cotrustee or cotrustees may act for the trust, as if they are the only trustees, where necessary to accomplish the purposes of the trust or to avoid irreparable injury to the trust property.
(Enacted by Stats. 1990, Ch. 79.)