reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 4 - Liability of Trustees to Beneficiaries › ARTICLE 1 - Liability for Breach of Trust › Section 16401.

16401. (a) Except as provided in subdivision (b), the trustee is not liable to the beneficiary for the acts or omissions of an agent.
(b) Under any of the circumstances described in this subdivision, the trustee is liable to the beneficiary for an act or omission of an agent employed by the trustee in the administration of the trust that would be a breach of the trust if committed by the trustee:
(1) Where the trustee directs the act of the agent.
(2) Where the trustee delegates to the agent the authority to perform an act that the trustee is under a duty not to delegate.
(3) Where the trustee does not use reasonable prudence in the selection of the agent or the retention of the agent selected by the trustee.
(4) Where the trustee does not periodically review the agent’s overall performance and compliance with the terms of the delegation.
(5) Where the trustee conceals the act of the agent.
(6) Where the trustee neglects to take reasonable steps to compel the agent to redress the wrong in a case where the trustee knows of the agent’s acts or omissions.
(c) The liability of a trustee for acts or omissions of agents that occurred before July 1, 1987, is governed by prior law and not by this section.
(Amended by Stats. 1995, Ch. 63, Sec. 9. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 4 - Liability of Trustees to Beneficiaries › ARTICLE 1 - Liability for Breach of Trust › Section 16402.

16402. (a) Except as provided in subdivision (b), a trustee is not liable to the beneficiary for a breach of trust committed by a cotrustee.
(b) A trustee is liable to the beneficiary for a breach committed by a cotrustee under any of the following circumstances:
(1) Where the trustee participates in a breach of trust committed by the cotrustee.
(2) Where the trustee improperly delegates the administration of the trust to the cotrustee.
(3) Where the trustee approves, knowingly acquiesces in, or conceals a breach of trust committed by the cotrustee.
(4) Where the trustee negligently enables the cotrustee to commit a breach of trust.
(5) Where the trustee neglects to take reasonable steps to compel the cotrustee to redress a breach of trust in a case where the trustee knows or has information from which the trustee reasonably should have known of the breach.
(c) The liability of a trustee for acts or omissions of a cotrustee that occurred before July 1, 1987, is governed by prior law and not by this section.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 4 - Liability of Trustees to Beneficiaries › ARTICLE 1 - Liability for Breach of Trust › Section 16403.

16403. (a) Except as provided in subdivision (b), a successor trustee is not liable to the beneficiary for a breach of trust committed by a predecessor trustee.
(b) A successor trustee is liable to the beneficiary for breach of trust involving acts or omissions of a predecessor trustee in any of the following circumstances:
(1) Where the successor trustee knows or has information from which the successor trustee reasonably should have known of a situation constituting a breach of trust committed by the predecessor trustee and the successor trustee improperly permits it to continue.
(2) Where the successor trustee neglects to take reasonable steps to compel the predecessor trustee to deliver the trust property to the successor trustee.
(3) Where the successor trustee neglects to take reasonable steps to redress a breach of trust committed by the predecessor trustee in a case where the successor trustee knows or has information from which the successor trustee reasonably should have known of the predecessor trustee’s breach.
(c) The liability of a trustee for acts or omissions of a predecessor trustee that occurred before July 1, 1987, is governed by prior law and not by this section.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 4 - Liability of Trustees to Beneficiaries › ARTICLE 2 - Remedies for Breach of Trust › Section 16420.

16420. (a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may commence a proceeding for any of the following purposes that is appropriate:
(1) To compel the trustee to perform the trustee’s duties.
(2) To enjoin the trustee from committing a breach of trust.
(3) To compel the trustee to redress a breach of trust by payment of money or otherwise.
(4) To appoint a receiver or temporary trustee to take possession of the trust property and administer the trust.
(5) To remove the trustee.
(6) Subject to Section 18100, to set aside acts of the trustee.
(7) To reduce or deny compensation of the trustee.
(8) Subject to Section 18100, to impose an equitable lien or a constructive trust on trust property.
(9) Subject to Section 18100, to trace trust property that has been wrongfully disposed of and recover the property or its proceeds.
(b) The provision of remedies for breach of trust in subdivision (a) does not prevent resort to any other appropriate remedy provided by statute or the common law.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 4 - Liability of Trustees to Beneficiaries › ARTICLE 2 - Remedies for Breach of Trust › Section 16421.

16421. The remedies of a beneficiary against the trustee are exclusively in equity.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 4 - Liability of Trustees to Beneficiaries › ARTICLE 3 - Measure of Liability for Breach of Trust › Section 16440.

16440. (a) If the trustee commits a breach of trust, the trustee is chargeable with any of the following that is appropriate under the circumstances:
(1) Any loss or depreciation in value of the trust estate resulting from the breach of trust, with interest.
(2) Any profit made by the trustee through the breach of trust, with interest.
(3) Any profit that would have accrued to the trust estate if the loss of profit is the result of the breach of trust.
(b) If the trustee has acted reasonably and in good faith under the circumstances as known to the trustee, the court, in its discretion, may excuse the trustee in whole or in part from liability under subdivision (a) if it would be equitable to do so.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 4 - Liability of Trustees to Beneficiaries › ARTICLE 3 - Measure of Liability for Breach of Trust › Section 16441.

16441. (a) If the trustee is liable for interest pursuant to Section 16440, the trustee is liable for the greater of the following amounts:
(1) The amount of interest that accrues at the legal rate on judgments in effect during the period when the interest accrued.
(2) The amount of interest actually received.
(b) If the trustee has acted reasonably and in good faith under the circumstances as known to the trustee, the court, in its discretion, may excuse the trustee in whole or in part from liability under subdivision (a) if it would be equitable to do so.
(Amended by Stats. 1998, Ch. 77, Sec. 5. Effective January 1, 1999.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 4 - Liability of Trustees to Beneficiaries › ARTICLE 3 - Measure of Liability for Breach of Trust › Section 16442.

16442. The provisions in this article for liability of a trustee for breach of trust do not prevent resort to any other remedy available under the statutory or common law.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 4 - Liability of Trustees to Beneficiaries › ARTICLE 4 - Limitations and Exculpation › Section 16460.

16460. (a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise:
(1) If a beneficiary has received an interim or final account in writing, or other written report, that adequately discloses the existence of a claim against the trustee for breach of trust, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within three years after receipt of the account or report. An account or report adequately discloses existence of a claim if it provides sufficient information so that the beneficiary knows of the claim or reasonably should have inquired into the existence of the claim.
(2) If an interim or final account in writing or other written report does not adequately disclose the existence of a claim against the trustee for breach of trust or if a beneficiary does not receive any written account or report, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within three years after the beneficiary discovered, or reasonably should have discovered, the subject of the claim.
(b) For the purpose of subdivision (a), a beneficiary is deemed to have received an account or report, as follows:
(1) In the case of an adult who is reasonably capable of understanding the account or report, if it is received by the adult personally.
(2) In the case of an adult who is not reasonably capable of understanding the account or report, if it is received by the person’s legal representative, including a guardian ad litem or other person appointed for this purpose.
(3) In the case of a minor, if it is received by the minor’s guardian or, if the minor does not have a guardian, if it is received by the minor’s parent so long as the parent does not have a conflict of interest.
(c) A written account or report under this section may, but need not, satisfy the requirements of Section 16061 or 16063 or any other provision.
(Amended by Stats. 1996, Ch. 862, Sec. 40. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 4 - Liability of Trustees to Beneficiaries › ARTICLE 4 - Limitations and Exculpation › Section 16462.

16462. (a) Notwithstanding Section 16461, a trustee of a revocable trust is not liable to a beneficiary for any act performed or omitted pursuant to written directions from the person holding the power to revoke, including a person to whom the power to direct the trustee is delegated.
(b) Subdivision (a) applies to a trust that is revocable in part with respect to the interest of the beneficiary in that 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 4 - Liability of Trustees to Beneficiaries › ARTICLE 4 - Limitations and Exculpation › Section 16463.

16463. (a) Except as provided in subdivisions (b) and (c), a beneficiary may not hold the trustee liable for an act or omission of the trustee as a breach of trust if the beneficiary consented to the act or omission before or at the time of the act or omission.
(b) The consent of the beneficiary does not preclude the beneficiary from holding the trustee liable for a breach of trust in any of the following circumstances:
(1) Where the beneficiary was under an incapacity at the time of the consent or of the act or omission.
(2) Where the beneficiary at the time consent was given did not know of his or her rights and of the material facts (A) that the trustee knew or should have known and (B) that the trustee did not reasonably believe that the beneficiary knew.
(3) Where the consent of the beneficiary was induced by improper conduct of the trustee.
(c) Where the trustee has an interest in the transaction adverse to the interest of the beneficiary, the consent of the beneficiary does not preclude the beneficiary from holding the trustee liable for a breach of trust under any of the circumstances described in subdivision (b) or where the transaction to which the beneficiary consented was not fair and reasonable to the beneficiary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 4 - Liability of Trustees to Beneficiaries › ARTICLE 4 - Limitations and Exculpation › Section 16464.

16464. (a) Except as provided in subdivision (b), a beneficiary may be precluded from holding the trustee liable for a breach of trust by the beneficiary’s release or contract effective to discharge the trustee’s liability to the beneficiary for that breach.
(b) A release or contract is not effective to discharge the trustee’s liability for a breach of trust in any of the following circumstances:
(1) Where the beneficiary was under an incapacity at the time of making the release or contract.
(2) Where the beneficiary did not know of his or her rights and of the material facts (A) that the trustee knew or reasonably should have known and (B) that the trustee did not reasonably believe that the beneficiary knew.
(3) Where the release or contract of the beneficiary was induced by improper conduct of the trustee.
(4) Where the transaction involved a bargain with the trustee that was not fair and reasonable.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 4 - Liability of Trustees to Beneficiaries › ARTICLE 4 - Limitations and Exculpation › Section 16465.

16465. (a) Except as provided in subdivision (b), if the trustee, in breach of trust, enters into a transaction that the beneficiary may at his or her option reject or affirm, and the beneficiary affirms the transaction, the beneficiary shall not thereafter reject it and hold the trustee liable for any loss occurring after the trustee entered into the transaction.
(b) The affirmance of a transaction by the beneficiary does not preclude the beneficiary from holding a trustee liable for a breach of trust if, at the time of the affirmance, any of the following circumstances existed:
(1) The beneficiary was under an incapacity.
(2) The beneficiary did not know of his or her rights and of the material facts (A) that the trustee knew or reasonably should have known and (B) that the trustee did not reasonably believe that the beneficiary knew.
(3) The affirmance was induced by improper conduct of the trustee.
(4) The transaction involved a bargain with the trustee that was not fair and reasonable.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 5 - Notice of Proposed Action by Trustee › Section 16500.

16500. Subject to subdivision (d) of Section 16501, a trustee may give a notice of proposed action regarding a matter governed by Chapter 2 (commencing with Section 16200) or Chapter 3 (commencing with Section 16320) as provided in this chapter. For the purpose of this chapter, a proposed action includes a course of action or a decision not to take action. This chapter does not preclude an application or assertion of any other rights or remedies available to an interested party as otherwise provided in this part regarding an action to be taken or not to be taken by the trustee.
(Added by Stats. 2004, Ch. 54, Sec. 2. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 5 - Notice of Proposed Action by Trustee › Section 16501.

16501. (a) The trustee who elects to provide notice pursuant to this chapter shall deliver notice pursuant to Section 1215 of the proposed action to each of the following:
(1) A beneficiary who is receiving, or is entitled to receive, income under the trust, including a beneficiary who is entitled to receive income at the discretion of the trustee.
(2) A beneficiary who would receive a distribution of principal if the trust were terminated at the time the notice is given.
(b) Notice of proposed action is not required to be given to a person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken.
(c) A trustee is not required to provide a copy of the notice of proposed action to a beneficiary who is known to the trustee but who cannot be located by the trustee after reasonable diligence or who is unknown to the trustee.
(d) Notwithstanding any other provision of this chapter, the trustee may not use a notice of proposed action in any of the following actions:
(1) Allowance of the trustee’s compensation.
(2) Allowance of compensation of the attorney for the trustee.
(3) Settlement of accounts.
(4) Discharge of the trustee.
(5) Sale of property of the trust to the trustee or to the attorney for the trustee.
(6) Exchange of property of the trust for property of the trustee or for property of the attorney for the trustee.
(7) Grant of an option to purchase property of the trust to the trustee or to the attorney for the trustee.
(8) Allowance, payment, or compromise of a claim of the trustee, or the attorney for the trustee, against the trust.
(9) Compromise or settlement of a claim, action, or proceeding by the trust against the trustee or against the attorney for the trust.
(10) Extension, renewal, or modification of the terms of a debt or other obligation of the trustee, or the attorney for the trustee, owing to or in favor of the trust.
(Amended by Stats. 2017, Ch. 319, Sec. 91. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 5 - Notice of Proposed Action by Trustee › Section 16502.

16502. The notice of proposed action shall state that it is given pursuant to this section and shall include all of the following:
(a) The name, mailing address, and electronic address of the trustee.
(b) The name, telephone number, and electronic address of a person who may be contacted for additional information.
(c) A description of the action proposed to be taken and an explanation of the reasons for the action.
(d) The time within which objections to the proposed action can be made, which shall be at least 45 days from the delivery or receipt of the notice of proposed action.
(e) The date on or after which the proposed action may be taken or is effective.
(Amended by Stats. 2017, Ch. 319, Sec. 92. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 5 - Notice of Proposed Action by Trustee › Section 16503.

16503. (a) A beneficiary may object to the proposed action by delivering a written objection pursuant to Section 1215 to the trustee at the address stated in the notice of proposed action within the time period specified in the notice of proposed action.
(b) A trustee is not liable to a beneficiary for an action regarding a matter governed by this part if the trustee does not receive a written objection to the proposed action from a beneficiary within the applicable period and the other requirements of this section are satisfied. If no beneficiary entitled to notice objects under this section, the trustee is not liable to any current or future beneficiary with respect to the proposed action. This subdivision does not apply to a person who is a minor or an incompetent adult at the time of receiving the notice of proposed action unless the notice is served on a guardian or conservator of the estate of the person.
(c) If the trustee receives a written objection within the applicable period, either the trustee or a beneficiary may petition the court to have the proposed action taken as proposed, taken with modifications, or denied. In the proceeding, a beneficiary objecting to the proposed action has the burden of proving that the trustee’s proposed action should not be taken. A beneficiary who has not objected is not estopped from opposing the proposed action in the proceeding.
(d) If the trustee decides not to implement the proposed action, the trustee shall notify the beneficiaries of the decision not to take the action and the reasons for the decision, and the trustee’s decision not to implement the proposed action does not itself give rise to liability to any current or future beneficiary. A beneficiary may petition the court to have the action taken, and has the burden of proving that it should be taken.
(Amended by Stats. 2017, Ch. 319, Sec. 93. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 5 - Notice of Proposed Action by Trustee › Section 16504.

16504. This chapter does not require a trustee to use these procedures prior to taking any action.
(Added by Stats. 2004, Ch. 54, Sec. 2. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16600.

16600. (a) This chapter shall be known, and may be cited, as the California Uniform Directed Trust Act.
(b) The Legislature finds and declares all of the following:
(1) This chapter governs an arrangement commonly known as a directed trust.
(2) In a directed trust, the terms of the trust grant a person other than a trustee a power over some aspect of the trust’s administration.
(3) Under this chapter, this power is called a power of direction, the person that holds the power is called a trust director, a trustee that is subject to the power is called a directed trustee, and the trust is a directed trust.
(4) A directed trustee is required to take reasonable action to comply with a trust director’s exercise or nonexercise of a power of direction.
(5) Except for willful misconduct, a directed trustee is liable only for its own breach of trust in executing a direction and not for the trust director’s breach of trust in exercising or not exercising the power of direction.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16602.

16602. For purposes of this chapter, the following definitions shall apply:
(a) “Breach of trust” includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this chapter, or law of this state other than this chapter pertaining to trusts.
(b) “Directed trust” means a trust for which the terms of the trust grant a power of direction.
(c) “Directed trustee” means a trustee that is subject to a trust director’s power of direction.
(d) “Power of direction” means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. Power of direction includes a power over the investment, management, or distribution of trust property or other matters of trust administration. The term excludes the powers described in subdivision (a) of Section 16606.
(e) “Settlor” means a person, including a testator, who creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person’s contribution except to the extent another person has the power to revoke or withdraw that portion.
(f) “Terms of a trust” means either of the following:
(1) The manifestation of the settlor’s intent regarding a trust’s provisions as expressed in the trust instrument or established by other evidence that has been admitted in a judicial proceeding.
(2) The trust’s provisions as established, determined, or amended by a trustee or trust director in accordance with applicable law, the exercise of a power of appointment in accordance with applicable law, a court order, or other binding modification, including, but not limited to, under Section 15404.
(g) “Trust director” means a person that is granted a power of direction by the terms of a trust, to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16604.

16604. (a) This chapter applies to a trust, whenever created, that has its principal place of administration in this state, subject to all of the following rules:
(1) If the trust was created before January 1, 2024, this chapter applies only to a decision or action occurring on or after that date.
(2) If the principal place of administration of the trust is changed to this state on or after January 1, 2024, this chapter applies only to a decision or action occurring on or after the date of the change.
(b) Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust that designate the principal place of administration of the trust are valid and controlling if all of the following are met:
(1) A trustee’s principal place of business is located in, or a trustee is a resident of, the designated jurisdiction.
(2) A trust director’s principal place of business is located in, or a trust director is a resident of, the designated jurisdiction.
(3) All or part of the administration occurs in the designated jurisdiction.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16605.

16605. Notwithstanding any other law, the consent of the public administrator, public guardian, or public conservator is required before they may be appointed to act as a trust director or directed trustee.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16606.

16606. (a) This chapter does not apply to any of the following:
(1) A power of appointment.
(2) The power to appoint or remove a trustee or trust director.
(3) The power of a settlor over a trust, to the extent the settlor has a power to revoke the trust.
(4) The power of a beneficiary over a trust, to the extent the exercise or nonexercise of the power affects the beneficial interest of the beneficiary.
(5) The power over a trust if both of the following apply:
(A) The terms of the trust provide that the power is held in a nonfiduciary capacity.
(B) The power is required to be held in a nonfiduciary capacity to achieve the settlor’s tax objectives under the United States Internal Revenue Code of 1986 and regulations issued thereunder.
(b) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in, or power of appointment over, trust property that is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16608.

16608. (a) Subject to Section 16610, the terms of a trust may grant a power of direction to a trust director.
(b) Unless the terms of a trust provide otherwise, a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the trust director pursuant to subdivision (a).
(c) Unless the terms of a trust provide otherwise, trust directors with joint powers shall act by majority decision.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16610.

16610. A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under subdivision (b) of Section 16608 regarding either of the following:
(a) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the Social Security Act (42 U.S.C. Section 1396p(d)(4)(A)) and regulations issued thereunder.
(b) A charitable interest in the trust, including notice regarding the interest to the Attorney General.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16612.

16612. (a) Subject to subdivision (b), with respect to a power of direction or further power under subdivision (b) of Section 16608, both of the following apply:
(1) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power, if the power is held individually, as a sole trustee in a like position and under similar circumstances or, if the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances.
(2) The terms of the trust may vary the trust director’s duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.
(b) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this chapter to provide health care in the ordinary course of the trust director’s business or practice of a profession, to the extent the trust director acts in that capacity, the trust director has no duty or liability under this chapter.
(c) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16614.

16614. (a) Subject to subdivision (b), a directed trustee shall take reasonable action to comply with a trust director’s exercise or nonexercise of a power of direction or further power under subdivision (b) of Section 16608, and the trustee is not liable for the action.
(b) A directed trustee shall not comply with a trust director’s exercise or nonexercise of a power of direction or further power under subdivision (b) of Section 16608 to the extent that, by complying, the trustee would engage in willful misconduct.
(c) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if any of the following is true:
(1) The breach involved the trustee’s or other trust director’s willful misconduct.
(2) The release was induced by improper conduct of the trustee or other trust director in procuring the release.
(3) At the time of the release, the trust director did not know the material facts relating to the breach.
(d) A directed trustee that has reasonable doubt about their duty under this section may petition the court for instructions.
(e) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16616.

16616. (a) Subject to Section 16618, a trustee shall provide information to a trust director to the extent the information is reasonably related both to the powers or duties of the trustee and the powers or duties of the trust director.
(b) Subject to Section 16618, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to the powers or duties of the trust director and the powers or duties of the trustee or other trust director.
(c) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.
(d) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16618.

16618. (a) (1) Unless the terms of a trust provide otherwise, a trustee does not have a duty to do either of the following:
(A) Monitor a trust director.
(B) Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the trust director.
(2) By taking an action described in paragraph (1), a trustee does not assume the duty excluded by paragraph (1).
(b) (1) Unless the terms of a trust provide otherwise, a trust director does not have a duty to do either of the following:
(A) Monitor a trustee or another trust director.
(B) Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the trust director might have acted differently than a trustee or another trust director.
(2) By taking an action described in paragraph (1), a trust director does not assume the duty excluded by paragraph (1).
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16620.

16620. The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee’s exercise or nonexercise of a power of the other cotrustee to the same extent that, in a directed trust, a directed trustee is relieved from duty and liability with respect to a trust director’s power of direction under Sections 16614, 16616, and 16618.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16622.

16622. (a) An action against a trust director for breach of trust shall be commenced within the same limitation period as in Section 16460 for an action for breach of trust against a trustee in a like position and under similar circumstances.
(b) A report or accounting has the same effect on the limitation period for an action against a trust director for breach of trust that the report or accounting would have under Section 16460 in an action for breach of trust against a trustee in a like position and under similar circumstances.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16624.

16624. In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16626.

16626. (a) By accepting appointment as a trust director of a trust subject to this chapter, the trust director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the trust director.
(b) This section does not preclude other methods of obtaining jurisdiction over a trust director.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16628.

16628. Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding all of the following matters:
(a) Acceptance under Sections 15600 and 15601.
(b) Giving of a bond to secure performance under Section 15602.
(c) Reasonable compensation under Section 15681.
(d) Resignation or removal under Article 3 (commencing with Section 15640) of Chapter 1.
(e) Vacancy and appointment of a successor under Section 15660.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16630.

16630. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 4 - TRUST ADMINISTRATION › CHAPTER 6 - California Uniform Directed Trust Act › Section 16632.

16632. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 1 - Jurisdiction and Venue › Section 17000.

17000. (a) The superior court having jurisdiction over the trust pursuant to this part has exclusive jurisdiction of proceedings concerning the internal affairs of trusts.
(b) The superior court having jurisdiction over the trust pursuant to this part has concurrent jurisdiction of the following:
(1) Actions and proceedings to determine the existence of trusts.
(2) Actions and proceedings by or against creditors or debtors of trusts.
(3) Other actions and proceedings involving trustees and third persons.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 1 - Jurisdiction and Venue › Section 17001.

17001. In proceedings commenced pursuant to this division, the court is a court of general jurisdiction and has all the powers of the superior court.
(Amended by Stats. 1990, Ch. 710, Sec. 44. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 1 - Jurisdiction and Venue › Section 17002.

17002. (a) The principal place of administration of the trust is the usual place where the day-to-day activity of the trust is carried on by the trustee or its representative who is primarily responsible for the administration of the trust.
(b) If the principal place of administration of the trust cannot be determined under subdivision (a), it shall be determined as follows:
(1) If the trust has a single trustee, the principal place of administration of the trust is the trustee’s residence or usual place of business.
(2) If the trust has more than one trustee, the principal place of administration of the trust is the residence or usual place of business of any of the cotrustees as agreed upon by them or, if not, the residence or usual place of business of any of the cotrustees.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 1 - Jurisdiction and Venue › Section 17003.

17003. Subject to Section 17004:
(a) By accepting the trusteeship of a trust having its principal place of administration in this state the trustee submits personally to the jurisdiction of the court under this division.
(b) To the extent of their interests in the trust, all beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the court under this division.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 1 - Jurisdiction and Venue › Section 17004.

17004. The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 1 - Jurisdiction and Venue › Section 17005.

17005. (a) The proper county for commencement of a proceeding pursuant to this division is either of the following:
(1) In the case of a living trust, the county where the principal place of administration of the trust is located.
(2) In the case of a testamentary trust, either the county where the decedent’s estate is administered or where the principal place of administration of the trust is located.
(b) If a living trust has no trustee, the proper county for commencement of a proceeding for appointing a trustee is the county where the trust property, or some portion of the trust property, is located.
(c) Except as otherwise provided in subdivisions (a) and (b), the proper county for commencement of a proceeding pursuant to this division is determined by the rules applicable to civil actions generally.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 2 - Notice › Section 17100.

17100. Except as otherwise provided in this division, notice in proceedings commenced pursuant to this division, or notice otherwise required by this division, is governed by Part 2 (commencing with Section 1200) of Division 3.
(Added by Stats. 1990, Ch. 79, Sec. 14.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 2 - Notice › Section 17105.

17105. A petitioner or other person required to give notice may cause notice to be given to any person interested in the trust without the need for a court order.
(Added by Stats. 1990, Ch. 79, Sec. 14.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 3 - Proceedings Concerning Trusts › Section 17200.1.

17200.1. All proceedings concerning the transfer of property of the trust shall be conducted pursuant to the provisions of Part 19 (commencing with Section 850) of Division 2.
(Repealed and added by Stats. 2001, Ch. 49, Sec. 7. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 3 - Proceedings Concerning Trusts › Section 17201.

17201. A proceeding under this chapter is commenced by filing a petition stating facts showing that the petition is authorized under this chapter. The petition shall also state the grounds of the petition and the names and addresses of each person entitled to notice of the petition.
(Amended by Stats. 1996, Ch. 862, Sec. 44. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 3 - Proceedings Concerning Trusts › Section 17201.1.

17201.1. A petitioner in a proceeding under Section 17200 may commence discovery upon a trustee in accordance with the same time periods set forth in the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) except that the time periods shall commence to run upon service of the petition and notice of hearing upon the trustee or the trustee’s appearance in the proceeding, whichever first occurs. Nothing in this section shall alter when a respondent in such a proceeding may commence discovery.
(Added by Stats. 2017, Ch. 32, Sec. 4. (AB 308) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 3 - Proceedings Concerning Trusts › Section 17202.

17202. The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the trustee or beneficiary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 3 - Proceedings Concerning Trusts › Section 17203.

17203. (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215 to all of the following persons:
(1) All trustees.
(2) All beneficiaries, subject to Chapter 2 (commencing with Section 15800) of Part 3.
(3) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General.
(b) At least 30 days before the time set for hearing on the petition, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on any person, other than a trustee or beneficiary, whose right, title, or interest would be affected by the petition and who does not receive notice pursuant to subdivision (a). The court may not shorten the time for giving notice under this subdivision.
(c) If a person to whom notice otherwise would be given has been deceased for at least 40 days, and no personal representative has been appointed for the estate of that person, and the deceased person’s right, title, or interest has not passed to any other person pursuant to Division 8 (commencing with Section 13000) or otherwise, notice may instead be given to the following persons:
(1) Each heir and devisee of the decedent, and all persons named as executors of the will of the decedent, so far as known to the petitioner.
(2) Each person serving as guardian or conservator of the decedent at the time of the decedent’s death, so far as known to the petitioner.
(Amended by Stats. 2017, Ch. 319, Sec. 94. (AB 976) Effective January 1, 2018.)