reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 1 - Trustees › ARTICLE 3 - Resignation and Removal of Trustees › Section 15640.

15640. A trustee who has accepted the trust may resign only by one of the following methods:
(a) As provided in the trust instrument.
(b) In the case of a revocable trust, with the consent of the person holding the power to revoke the trust.
(c) In the case of a trust that is not revocable, with the consent of all adult beneficiaries who are receiving or are entitled to receive income under the trust or to receive a distribution of principal if the trust were terminated at the time consent is sought. If a beneficiary has a conservator, the conservator may consent to the trustee’s resignation on behalf of the conservatee without obtaining court approval. Without limiting the power of the beneficiary to consent to the trustee’s resignation, if the beneficiary has designated an attorney in fact who has the power under the power of attorney to consent to the trustee’s resignation, the attorney in fact may consent to the resignation.
(d) Pursuant to a court order obtained on petition by the trustee under Section 17200. The court shall accept the trustee’s resignation and may make any orders necessary for the preservation of the trust property, including the appointment of a receiver or a temporary 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 3 - Resignation and Removal of Trustees › Section 15641.

15641. The liability for acts or omissions of a resigning trustee or of the sureties on the trustee’s bond, if any, is not released or affected in any manner by the trustee’s resignation.
(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 3 - Resignation and Removal of Trustees › Section 15643.

15643. There is a vacancy in the office of trustee in any of the following circumstances:
(a) The person named as trustee rejects the trust.
(b) The person named as trustee cannot be identified or does not exist.
(c) The trustee resigns or is removed.
(d) The trustee dies.
(e) A conservator or guardian of the person or estate of an individual trustee is appointed.
(f) The trustee is the subject of an order for relief in bankruptcy.
(g) A trust company’s charter is revoked or powers are suspended, if the revocation or suspension is to be in effect for a period of 30 days or more.
(h) A receiver is appointed for a trust company if the appointment is not vacated within a period of 30 days.
(Amended by Stats. 2009, Ch. 500, Sec. 57. (AB 1059) Effective January 1, 2010.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 1 - Trustees › ARTICLE 3 - Resignation and Removal of Trustees › Section 15644.

15644. When a vacancy has occurred in the office of trustee, the former trustee who holds property of the trust shall deliver the trust property to the successor trustee or a person appointed by the court to receive the property and remains responsible for the trust property until it is delivered. A trustee who has resigned or is removed has the powers reasonably necessary under the circumstances to preserve the trust property until it is delivered to the successor trustee and to perform actions necessary to complete the resigning or removed trustee’s administration of the trust.
(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 3 - Resignation and Removal of Trustees › Section 15645.

15645. If the trustee of a trust that is not revocable has refused to transfer administration of the trust to a successor trust company on request of the beneficiaries described in subdivision (c) of Section 15640 and the court in subsequent proceedings under Section 17200 makes an order removing the existing trustee and appointing a trust company as successor trustee, the court may, in its discretion, award costs and reasonable attorney’s fees incurred by the petitioner in the proceeding to be paid by the trustee or from the trust as ordered by the court.
(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 4 - Appointment of Trustees › Section 15660.

15660. (a) If the trust has no trustee or if the trust instrument requires a vacancy in the office of a cotrustee to be filled, the vacancy shall be filled as provided in this section.
(b) If the trust instrument provides a practical method of appointing a trustee or names the person to fill the vacancy, the vacancy shall be filled as provided in the trust instrument.
(c) If the vacancy in the office of trustee is not filled as provided in subdivision (b), the vacancy may be filled by a trust company that has agreed to accept the trust on agreement of all adult beneficiaries who are receiving or are entitled to receive income under the trust or to receive a distribution of principal if the trust were terminated at the time the agreement is made. If a beneficiary has a conservator, the conservator may agree to the successor trustee on behalf of the conservatee without obtaining court approval. Without limiting the power of the beneficiary to agree to the successor trustee, if the beneficiary has designated an attorney in fact who has the power under the power of attorney to agree to the successor trustee, the attorney in fact may agree to the successor trustee.
(d) If the vacancy in the office of trustee is not filled as provided in subdivision (b) or (c), on petition of any interested person or any person named as trustee in the trust instrument, the court may, in its discretion, appoint a trustee to fill the vacancy. If the trust provides for more than one trustee, the court may, in its discretion, appoint the original number or any lesser number of trustees. In selecting a trustee, the court shall give consideration to any nomination by the beneficiaries who are 14 years of age or older.
(Amended by Stats. 1992, Ch. 871, Sec. 17. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 1 - Trustees › ARTICLE 5 - Compensation and Indemnification of Trustees › Section 15680.

15680. (a) Subject to subdivision (b), and except as provided in Section 15688, if the trust instrument provides for the trustee’s compensation, the trustee is entitled to be compensated in accordance with the trust instrument.
(b) Upon proper showing, the court may fix or allow greater or lesser compensation than could be allowed under the terms of the trust in any of the following circumstances:
(1) Where the duties of the trustee are substantially different from those contemplated when the trust was created.
(2) Where the compensation in accordance with the terms of the trust would be inequitable or unreasonably low or high.
(3) In extraordinary circumstances calling for equitable relief.
(c) An order fixing or allowing greater or lesser compensation under subdivision (b) applies only prospectively to actions taken in administration of the trust after the order is made.
(Amended by Stats. 2008, Ch. 237, Sec. 6. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 1 - Trustees › ARTICLE 5 - Compensation and Indemnification of Trustees › Section 15681.

15681. If the trust instrument does not specify the trustee’s compensation, the trustee is entitled to reasonable compensation under the circumstances.
(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 5 - Compensation and Indemnification of Trustees › Section 15682.

15682. The court may fix an amount of periodic compensation under Sections 15680 and 15681 to continue for as long as the court determines is proper.
(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 5 - Compensation and Indemnification of Trustees › Section 15683.

15683. Unless the trust instrument otherwise provides or the trustees otherwise agree, if the trust has two or more trustees, the compensation shall be apportioned among the cotrustees according to the services rendered by them.
(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 5 - Compensation and Indemnification of Trustees › Section 15684.

15684. A trustee is entitled to the repayment out of the trust property for the following:
(a) Expenditures that were properly incurred in the administration of the trust.
(b) To the extent that they benefited the trust, expenditures that were not properly incurred in the administration of the trust.
(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 5 - Compensation and Indemnification of Trustees › Section 15685.

15685. The trustee has an equitable lien on the trust property as against the beneficiary in the amount of advances, with any interest, made for the protection of the trust, and for expenses, losses, and liabilities sustained in the administration of the trust or because of ownership or control of any trust property.
(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 5 - Compensation and Indemnification of Trustees › Section 15686.

15686. (a) As used in this section, “trustee’s fee” includes, but is not limited to, the trustee’s periodic base fee, rate of percentage compensation, minimum fee, hourly rate, and transaction charge, but does not include fees for extraordinary services.
(b) A trustee shall not charge an increased trustee’s fee for administration of a particular trust unless the trustee first gives at least 60 days’ written notice of that increased fee to all of the following persons:
(1) Each beneficiary who is entitled to an account under Section 16062.
(2) Each beneficiary who was given the last preceding account.
(3) Each beneficiary who has made a written request to the trustee for notice of an increased trustee’s fee and has given an address for receiving notice.
(c) If a beneficiary files a petition under Section 17200 for review of the increased trustee’s fee or for removal of the trustee and serves a copy of the petition on the trustee before the expiration of the 60-day period, the increased trustee’s fee does not take effect as to that trust until otherwise ordered by the court or the petition is dismissed.
(Amended by Stats. 2017, Ch. 319, Sec. 86. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 1 - Trustees › ARTICLE 5 - Compensation and Indemnification of Trustees › Section 15687.

15687. (a) Notwithstanding any provision of a trust to the contrary, a trustee who is an attorney may receive only (1) the trustee’s compensation provided in the trust or otherwise provided in this article or (2) compensation for legal services performed for the trustee, unless the trustee obtains approval for the right to dual compensation as provided in subdivision (d).
(b) No parent, child, sibling, or spouse of a person who is a trustee, and no law partnership or corporation whose partner, shareholder, or employee is serving as a trustee shall receive any compensation for legal services performed for the trustee unless the trustee waives trustee compensation or unless the trustee obtains approval for the right to dual compensation as provided in subdivision (d).
(c) This section shall not apply if the trustee is related by blood or marriage to, or is a cohabitant with, the settlor.
(d) After full disclosure of the nature of the compensation and relationship of the trustee to all persons receiving compensation under this section, the trustee may obtain approval for dual compensation by either of the following:
(1) An order pursuant to paragraph (21) of subdivision (b) of Section 17200.
(2) Giving 30 days’ advance written notice to the persons entitled to notice under Section 17203. Within that 30-day period, any person entitled to notice may object to the proposed action by written notice to the trustee or by filing a petition pursuant to paragraph (21) of subdivision (b) of Section 17200. If the trustee receives this objection during that 30-day period and if the trustee wishes dual compensation, the trustee shall file a petition for approval pursuant to paragraph (21) of subdivision (b) of Section 17200.
(e) Any waiver of the requirements of this section is against public policy and shall be void.
(f) This section applies to services rendered on or after January 1, 1994.
(Amended by Stats. 1995, Ch. 730, Sec. 10. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 1 - Trustees › ARTICLE 5 - Compensation and Indemnification of Trustees › Section 15688.

15688. Notwithstanding any other provision of this article and the terms of the trust, a public guardian or public administrator who is appointed as a trustee of a trust pursuant to Section 15660.5 shall be paid from the trust property for all of the following:
(a) Reasonable expenses incurred in the administration of the trust.
(b) Compensation for services of the public guardian or public administrator and the attorney of the public guardian or public administrator, as follows:
(1) If the public guardian or public administrator is appointed as trustee of a trust that provides for the outright distribution of the entire trust estate, compensation for the public guardian or public administrator, and any attorney for the public guardian or public administrator, shall be calculated as that provided to a personal representative and attorney pursuant to Part 7 (commencing with Section 10800) of Division 7, based on the fair market value of the assets as of the date of the appointment, provided that the minimum amount of compensation for the public guardian or the public administrator shall be one thousand dollars ($1,000). Additionally, the minimum amount of compensation for the attorney for the public guardian or the public administrator, if any, shall be one thousand dollars ($1,000).
(2) For a trust other than that described in paragraph (1), the public guardian or public administrator shall be compensated as provided in Section 15680. Compensation shall be consistent with compensation allowed for professional fiduciaries or corporate fiduciaries providing comparable services.
(3) Except as provided in paragraph (1), reasonable compensation for the attorney for the public guardian or public administrator.
(c) An annual bond fee in the amount of twenty-five dollars ($25) plus one-fourth of 1 percent of the amount of the trust assets greater than ten thousand dollars ($10,000). The amount charged shall be deposited in the county treasury.
(Amended by Stats. 2008, Ch. 237, Sec. 7. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 2 - Beneficiaries › Section 15800.

15800. (a) Except to the extent that the trust instrument otherwise provides or where the joint action of the settlor and all beneficiaries is required, during the time that a trust is revocable and at least one person holding the power to revoke the trust, in whole or in part, is competent, the following shall apply:
(1) The person holding the power to revoke, and not the beneficiary, has the rights afforded beneficiaries under this division.
(2) The duties of the trustee are owed to the person holding the power to revoke.
(b) Except to the extent that the trust instrument otherwise provides or where the joint action of the settlor and all beneficiaries is required, if, during the time that a trust is revocable, no person holding the power to revoke the trust, in whole or in part, is competent, the following shall apply:
(1) Within 60 days of receiving information establishing the incompetency of the last person holding the power to revoke the trust, the trustee shall provide notice of the application of this subdivision and a true and complete copy of the trust instrument and any amendments to each beneficiary to whom the trustee would be required or authorized to distribute income or principal if the settlor had died as of the date of receipt of the information. If the trust has been completely restated, the trustee need not include the trust instrument or amendments superseded by the last restatement.
(2) The duties of the trustee to account at least annually or provide information requested under Section 16061 shall be owed to each beneficiary to whom the trustee would be required or authorized to distribute income or principal if the settlor had died during the account period or the period relating to the administration of the trust relevant to the report, as applicable.
(3) A beneficiary whose interest is conditional on some factor not yet in existence or not yet determinable shall not be considered a beneficiary for purposes of this section, unless the trustee, in the trustee’s discretion, believes it is likely that the condition or conditions will be satisfied at the time of the settlor’s death.
(4) If the interest of a beneficiary fails because a condition to receiving that interest has not been satisfied or the trustee does not believe that the condition will be satisfied at the time of the settlor’s death, the duties in paragraphs (1) and (2) shall be owed to the beneficiary or beneficiaries who would next succeed to that interest at the relevant time or period as determined under the trust instrument, as amended and restated.
(c) Incompetency, for the purposes of subdivision (b), may be established by either of the following:
(1) The method for determining incompetency specified by the trust instrument, as amended or restated.
(2) A judicial determination of incompetency.
(Amended by Stats. 2022, Ch. 420, Sec. 42. (AB 2960) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 2 - Beneficiaries › Section 15801.

15801. (a) In any case where the consent of a beneficiary may be given or is required to be given before an action may be taken, during the time that a trust is revocable and the person holding the power to revoke the trust is competent, the person holding the power to revoke, and not the beneficiary, has the power to consent or withhold consent.
(b) This section does not apply where the joint consent of the settlor and all beneficiaries is required by statute.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 2 - Beneficiaries › Section 15802.

15802. Notwithstanding any other statute, during the time that a trust is revocable and the person holding the power to revoke the trust is competent, a notice that is to be given to a beneficiary shall be given to the person holding the power to revoke and not to the beneficiary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 2 - Beneficiaries › Section 15803.

15803. The holder of a presently exercisable general power of appointment or power to withdraw property from the trust has the rights of a person holding the power to revoke the trust that are provided by Sections 15800 to 15802, inclusive, to the extent of the holder’s power over the trust property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 2 - Beneficiaries › Section 15804.

15804. (a) Subject to subdivisions (b) and (c), it is sufficient compliance with a requirement in this division that notice be given to a beneficiary, or to a person interested in the trust, if notice is given as follows:
(1) Where an interest has been limited on any future contingency to persons who will compose a certain class upon the happening of a certain event without further limitation, notice shall be given to the persons in being who would constitute the class if the event had happened immediately before the commencement of the proceeding or if there is no proceeding, if the event had happened immediately before notice is given.
(2) Where an interest has been limited to a living person and the same interest, or a share therein, has been further limited upon the happening of a future event to the surviving spouse or to persons who are or may be the distributees, heirs, issue, or other kindred of the living person, notice shall be given to the living person.
(3) Where an interest has been limited upon the happening of any future event to a person, or a class of persons, or both, and the interest, or a share of the interest, has been further limited upon the happening of an additional future event to another person, or a class of persons, or both, notice shall be given to the person or persons in being who would take the interest upon the happening of the first of these events.
(b) If a conflict of interest involving the subject matter of the trust proceeding exists between a person to whom notice is required to be given and a person to whom notice is not otherwise required to be given under subdivision (a), notice shall also be given to persons not otherwise entitled to notice under subdivision (a) with respect to whom the conflict of interest exists.
(c) Nothing in this section affects any of the following:
(1) Requirements for notice to a person who has requested special notice, a person who has filed notice of appearance, or a particular person or entity required by statute to be given notice.
(2) Availability of a guardian ad litem pursuant to Section 1003.
(d) As used in this section, “notice” includes other papers.
(Amended by Stats. 1992, Ch. 178, Sec. 43.4. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 3 - TRUSTEES AND BENEFICIARIES › CHAPTER 2 - Beneficiaries › Section 15805.

15805. Notwithstanding any other provision of law, the Attorney General is subject to the limitations on the rights of beneficiaries of revocable trusts provided by Sections 15800 to 15802, inclusive.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16000.

16000. On acceptance of the trust, the trustee has a duty to administer the trust according to the trust instrument and, except to the extent the trust instrument provides otherwise, according to this division.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16001.

16001. (a) Except as provided in subdivision (b), the trustee of a revocable trust shall follow any written direction acceptable to the trustee given from time to time (1) by the person then having the power to revoke the trust or the part thereof with respect to which the direction is given or (2) by the person to whom the settlor delegates the right to direct the trustee.
(b) If a written direction given under subdivision (a) would have the effect of modifying the trust, the trustee has no duty to follow the direction unless it complies with the requirements for modifying the trust.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16002.

16002. (a) The trustee has a duty to administer the trust solely in the interest of the beneficiaries.
(b) It is not a violation of the duty provided in subdivision (a) for a trustee who administers two trusts to sell, exchange, or participate in the sale or exchange of trust property between the trusts, if both of the following requirements are met:
(1) The sale or exchange is fair and reasonable with respect to the beneficiaries of both trusts.
(2) The trustee gives to the beneficiaries of both trusts notice of all material facts related to the sale or exchange that the trustee knows or should know.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16003.

16003. If a trust has two or more beneficiaries, the trustee has a duty to deal impartially with them and shall act impartially in investing and managing the trust property, taking into account any differing interests of the beneficiaries.
(Amended by Stats. 1995, Ch. 63, Sec. 1. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16004.

16004. (a) The trustee has a duty not to use or deal with trust property for the trustee’s own profit or for any other purpose unconnected with the trust, nor to take part in any transaction in which the trustee has an interest adverse to the beneficiary.
(b) The trustee may not enforce any claim against the trust property that the trustee purchased after or in contemplation of appointment as trustee, but the court may allow the trustee to be reimbursed from trust property the amount that the trustee paid in good faith for the claim.
(c) A transaction between the trustee and a beneficiary which occurs during the existence of the trust or while the trustee’s influence with the beneficiary remains and by which the trustee obtains an advantage from the beneficiary is presumed to be a violation of the trustee’s fiduciary duties. This presumption is a presumption affecting the burden of proof. This subdivision does not apply to the provisions of an agreement between a trustee and a beneficiary relating to the hiring or compensation of the trustee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16004.5.

16004.5. (a) A trustee may not require a beneficiary to relieve the trustee of liability as a condition for making a distribution or payment to, or for the benefit of, the beneficiary, if the distribution or payment is required by the trust instrument.
(b) This section may not be construed as affecting the trustee’s right to:
(1) Maintain a reserve for reasonably anticipated expenses, including, but not limited to, taxes, debts, trustee and accounting fees, and costs and expenses of administration.
(2) Seek a voluntary release or discharge of a trustee’s liability from the beneficiary.
(3) Require indemnification against a claim by a person or entity, other than a beneficiary referred to in subdivision (a), which may reasonably arise as a result of the distribution.
(4) Withhold any portion of an otherwise required distribution that is reasonably in dispute.
(5) Seek court or beneficiary approval of an accounting of trust activities.
(Added by Stats. 2003, Ch. 585, Sec. 1. Effective January 1, 2004.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16005.

16005. The trustee of one trust has a duty not to knowingly become a trustee of another trust adverse in its nature to the interest of the beneficiary of the first trust, and a duty to eliminate the conflict or resign as trustee when the conflict is discovered.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16006.

16006. The trustee has a duty to take reasonable steps under the circumstances to take and keep control of and to preserve the trust property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16007.

16007. The trustee has a duty to make the trust property productive under the circumstances and in furtherance of the purposes of the trust.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16009.

16009. The trustee has a duty to do the following:
(a) To keep the trust property separate from other property not subject to the trust.
(b) To see that the trust property is designated as property of the trust.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16010.

16010. The trustee has a duty to take reasonable steps to enforce claims that are part of the trust property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16011.

16011. The trustee has a duty to take reasonable steps to defend actions that may result in a loss to the trust.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16012.

16012. (a) The trustee has a duty not to delegate to others the performance of acts that the trustee can reasonably be required personally to perform and may not transfer the office of trustee to another person nor delegate the entire administration of the trust to a cotrustee or other person.
(b) In a case where a trustee has properly delegated a matter to an agent, cotrustee, or other person, the trustee has a duty to exercise general supervision over the person performing the delegated matter.
(c) This section does not apply to investment and management functions under Section 16052.
(Amended by Stats. 1995, Ch. 63, Sec. 3. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16013.

16013. If a trust has more than one trustee, each trustee has a duty to do the following:
(a) To participate in the administration of the trust.
(b) To take reasonable steps to prevent a cotrustee from committing a breach of trust or to compel a cotrustee to redress a breach of trust.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16014.

16014. (a) The trustee has a duty to apply the full extent of the trustee’s skills.
(b) If the settlor, in selecting the trustee, has relied on the trustee’s representation of having special skills, the trustee is held to the standard of the skills represented.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 1 - Trustee s Duties in General › Section 16015.

16015. The provision of services for compensation by a regulated financial institution or its affiliates in the ordinary course of business either to a trust of which it also acts as trustee or to a person dealing with the trust is not a violation of the duty provided in Section 16002 or 16004. For the purposes of this section, “affiliate” means a corporation that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with another domestic or foreign corporation.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 2 - Trustee s Standard of Care › Section 16040.

16040. (a) The trustee shall administer the trust with reasonable care, skill, and caution under the circumstances then prevailing that a prudent person acting in a like capacity would use in the conduct of an enterprise of like character and with like aims to accomplish the purposes of the trust as determined from the trust instrument.
(b) The settlor may expand or restrict the standard provided in subdivision (a) by express provisions in the trust instrument. A trustee is not liable to a beneficiary for the trustee’s good faith reliance on these express provisions.
(c) This section does not apply to investment and management functions governed by the Uniform Prudent Investor Act, Article 2.5 (commencing with Section 16045).
(Amended by Stats. 1995, Ch. 63, Sec. 4. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 2 - Trustee s Standard of Care › Section 16041.

16041. A trustee’s standard of care and performance in administering the trust is not affected by whether or not the trustee receives any compensation.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 2 - Trustee s Standard of Care › Section 16042.

16042. (a) Notwithstanding the requirements of this article, Article 2.5 (commencing with Section 16045), and the terms of the trust, all trust funds that come within the custody of the public guardian who is appointed as trustee of the trust pursuant to Section 15660.5 may be deposited or invested in the same manner, and would be subject to the same terms and conditions, as a deposit or investment by the public administrator of funds in the estate of a decedent pursuant to Article 3 (commencing with Section 7640) of Chapter 4 of Part 1 of Division 7.
(b) Upon the deposit or investment of trust property pursuant to subdivision (a), the public guardian shall be deemed to have met the standard of care specified in this article and Article 2.5 (commencing with Section 16045) with respect to this trust property.
(Added by Stats. 1997, Ch. 93, Sec. 4. Effective January 1, 1998.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 2.5 - Uniform Prudent Investor Act › Section 16045.

16045. This article, together with subdivision (a) of Section 16002 and Section 16003, constitutes the prudent investor rule and may be cited as the Uniform Prudent Investor Act.
(Added by Stats. 1995, Ch. 63, Sec. 6. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 2.5 - Uniform Prudent Investor Act › Section 16046.

16046. (a) Except as provided in subdivision (b), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule.
(b) The settlor may expand or restrict the prudent investor rule by express provisions in the trust instrument. A trustee is not liable to a beneficiary for the trustee’s good faith reliance on these express provisions.
(Added by Stats. 1995, Ch. 63, Sec. 6. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 2.5 - Uniform Prudent Investor Act › Section 16047.

16047. (a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
(b) A trustee’s investment and management decisions respecting individual assets and courses of action must be evaluated not in isolation, but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.
(c) Among circumstances that are appropriate to consider in investing and managing trust assets are the following, to the extent relevant to the trust or its beneficiaries:
(1) General economic conditions.
(2) The possible effect of inflation or deflation.
(3) The expected tax consequences of investment decisions or strategies.
(4) The role that each investment or course of action plays within the overall trust portfolio.
(5) The expected total return from income and the appreciation of capital.
(6) Other resources of the beneficiaries known to the trustee as determined from information provided by the beneficiaries.
(7) Needs for liquidity, regularity of income, and preservation or appreciation of capital.
(8) An asset’s special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries.
(d) A trustee shall make a reasonable effort to ascertain facts relevant to the investment and management of trust assets.
(e) A trustee may invest in any kind of property or type of investment or engage in any course of action or investment strategy consistent with the standards of this chapter.
(Added by Stats. 1995, Ch. 63, Sec. 6. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 2.5 - Uniform Prudent Investor Act › Section 16048.

16048. In making and implementing investment decisions, the trustee has a duty to diversify the investments of the trust unless, under the circumstances, it is prudent not to do so.
(Added by Stats. 1995, Ch. 63, Sec. 6. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 2.5 - Uniform Prudent Investor Act › Section 16049.

16049. Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements, and other circumstances of the trust, and with the requirements of this chapter.
(Added by Stats. 1995, Ch. 63, Sec. 6. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 2.5 - Uniform Prudent Investor Act › Section 16050.

16050. In investing and managing trust assets, a trustee may only incur costs that are appropriate and reasonable in relation to the assets, overall investment strategy, purposes, and other circumstances of the trust.
(Added by Stats. 1995, Ch. 63, Sec. 6. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 2.5 - Uniform Prudent Investor Act › Section 16051.

16051. Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee’s decision or action and not by hindsight.
(Added by Stats. 1995, Ch. 63, Sec. 6. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 2.5 - Uniform Prudent Investor Act › Section 16052.

16052. (a) A trustee may delegate investment and management functions as prudent under the circumstances. The trustee shall exercise prudence in the following:
(1) Selecting an agent.
(2) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust.
(3) Periodically reviewing the agent’s overall performance and compliance with the terms of the delegation.
(b) In performing a delegated function, an agent has a duty to exercise reasonable care to comply with the terms of the delegation.
(c) Except as otherwise provided in Section 16401, a trustee who complies with the requirements of subdivision (a) is not liable to the beneficiaries or to the trust for the decisions or actions of the agent to whom the function was delegated.
(d) By accepting the delegation of a trust function from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state.
(Added by Stats. 1995, Ch. 63, Sec. 6. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 2.5 - Uniform Prudent Investor Act › Section 16053.

16053. The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this chapter: “investments permissible by law for investment of trust funds,” “legal investments,” “authorized investments,” “using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital,” “prudent man rule,” “prudent trustee rule,” “prudent person rule,” and “prudent investor rule.”
(Added by Stats. 1995, Ch. 63, Sec. 6. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 2.5 - Uniform Prudent Investor Act › Section 16054.

16054. This article applies to trusts existing on and created after its effective date. As applied to trusts existing on its effective date, this article governs only decisions or actions occurring after that date.
(Added by Stats. 1995, Ch. 63, Sec. 6. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 3 - Trustee s Duty to Report Information and Account to Beneficiaries › Section 16060.

16060. The trustee has a duty to keep the beneficiaries of the trust reasonably informed of the trust and its administration.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 3 - Trustee s Duty to Report Information and Account to Beneficiaries › Section 16060.5.

16060.5. As used in this article, “terms of the trust” means the written trust instrument of an irrevocable trust or those provisions of a written trust instrument in effect at the settlor’s death that describe or affect that portion of a trust that has become irrevocable at the death of the settlor. In addition, “terms of the trust” includes, but is not limited to, signatures, amendments, disclaimers, and any directions or instructions to the trustee that affect the disposition of the trust. “Terms of the trust” does not include documents which were intended to affect disposition only while the trust was revocable. If a trust has been completely restated, “terms of the trust” does not include trust instruments or amendments which are superseded by the last restatement before the settlor’s death, but it does include amendments executed after the restatement. “Terms of the trust” also includes any document irrevocably exercising a power of appointment over the trust or over any portion of the trust which has become irrevocable.
(Amended by Stats. 2000, Ch. 34, Sec. 2. Effective January 1, 2001.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 3 - Trustee s Duty to Report Information and Account to Beneficiaries › Section 16060.7.

16060.7. On the request of a beneficiary, the trustee shall provide the terms of the trust to the beneficiary unless the trustee is not required to provide the terms of the trust to the beneficiary in accordance with Section 16069.
(Added by Stats. 2010, Ch. 621, Sec. 2. (SB 202) Effective January 1, 2011.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 3 - Trustee s Duty to Report Information and Account to Beneficiaries › Section 16061.

16061. Except as provided in Section 16069, on reasonable request by a beneficiary, the trustee shall report to the beneficiary by providing requested information to the beneficiary relating to the administration of the trust relevant to the beneficiary’s interest.
(Amended by Stats. 2010, Ch. 621, Sec. 3. (SB 202) Effective January 1, 2011.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 1 - Duties of Trustees › ARTICLE 3 - Trustee s Duty to Report Information and Account to Beneficiaries › Section 16061.5.

16061.5. (a) A trustee shall provide a true and complete copy of the terms of the irrevocable trust, or irrevocable portion of the trust, to each of the following:
(1) Any beneficiary of the trust who requests it, and to any heir of a deceased settlor who requests it, when a revocable trust or any portion of a revocable trust becomes irrevocable because of the death of one or more of the settlors of the trust, when a power of appointment is effective or lapses upon the death of a settlor under the circumstances described in paragraph (3) of subdivision (a) of Section 16061.7, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust.
(2) Any beneficiary of the trust who requests it, whenever there is a change of trustee of an irrevocable trust.
(3) If the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General, if requested, when a revocable trust or any portion of a revocable trust becomes irrevocable because of the death of one or more of the settlors of the trust, when a power of appointment is effective or lapses upon the death of a settlor under the circumstances described in paragraph (3) of subdivision (a) of Section 16061.7, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, and whenever there is a change of trustee of an irrevocable trust.
(b) The trustee shall, for purposes of this section, rely upon any final judicial determination of heirship. However, the trustee shall have discretion to make a good faith determination by any reasonable means of the heirs of a deceased settlor in the absence of a final judicial determination of heirship known to the trustee.
(Amended by Stats. 2010, Ch. 621, Sec. 4. (SB 202) Effective January 1, 2011.)