reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 3 - Proceedings Concerning Trusts › Section 17204.

17204. (a) If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, file with the court clerk where the proceedings are pending a written request stating that the beneficiary desires special notice of the filing of petitions in the proceeding relating to any or all of the purposes described in Section 17200 and giving an address for receiving notice by mail. A copy of the request shall be delivered pursuant to Section 1215 to the trustee or the trustee’s attorney. If personally delivered, the request shall be effective when it is delivered. If mailed or electronically delivered, the request shall be effective when it is received. When the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service. A request for special notice may be modified or withdrawn in the same manner as provided for the making of the initial request.
(b) (1) An interested person may request special notice in the same manner as a beneficiary under subdivision (a), for the purpose set forth in paragraph (9) of subdivision (b) of Section 17200. The request for special notice shall be accompanied by a verified statement of the person’s interest.
(2) For purposes set forth in paragraphs (2), (4) to (6), inclusive, (8), (12), (16), (20), and (21) of subdivision (b) of Section 17200, an interested person may petition the court for an order for special notice of proceedings involving a trust. The petition shall include a verified statement of the creditor’s interest and may be served on the trustee or the trustee’s attorney in a manner described in Section 1215. The petition may be made by ex parte application.
(3) For purposes of this subdivision, an “interested person” means only a creditor of a trust or, if the trust has become irrevocable upon the death of a trustor, a creditor of the trustor.
(4) This section does not confer standing on an interested person if standing does not otherwise exist.
(c) Except as provided in subdivision (d), after serving and filing a request and proof of service pursuant to subdivision (a) or paragraph (1) of subdivision (b), the beneficiary or the interested person is entitled to notice pursuant to Section 17203. If the petition of an interested person filed pursuant to paragraph (2) of subdivision (b) is granted by the court, the interested person is entitled to notice pursuant to Section 17203.
(d) A request for special notice made by a beneficiary whose right to notice is restricted by Section 15802 is not effective.
(Amended by Stats. 2017, Ch. 319, Sec. 95. (AB 976) 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 17205.

17205. If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioner’s counsel in connection with a particular petition and proceeding or a written request for a copy of the petition, and has given an address to which notice or a copy of the petition may be delivered pursuant to Section 1215, the petitioner shall cause a copy of the petition to be delivered to that person within five days after service of the notice of appearance or receipt of the request.
(Amended by Stats. 2017, Ch. 319, Sec. 96. (AB 976) 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 17206.

17206. The court in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by the petition, including appointment of a temporary trustee to administer the trust in whole or in part.
(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 17209.

17209. The administration of trusts is intended to proceed expeditiously and free of judicial intervention, subject to the jurisdiction of the court.
(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 17210.

17210. In a case involving a charitable trust subject to the jurisdiction of the Attorney General, the Attorney General may petition under this chapter.
(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 17211.

17211. (a) If a beneficiary contests the trustee’s account and the court determines that the contest was without reasonable cause and in bad faith, the court may award against the contestant the compensation and costs of the trustee and other expenses and costs of litigation, including attorney’s fees, incurred to defend the account. The amount awarded shall be a charge against any interest of the beneficiary in the trust. The contestant shall be personally liable for any amount that remains unsatisfied.
(b) If a beneficiary contests the trustee’s account and the court determines that the trustee’s opposition to the contest was without reasonable cause and in bad faith, the court may award the contestant the costs of the contestant and other expenses and costs of litigation, including attorney’s fees, incurred to contest the account. The amount awarded shall be a charge against the compensation or other interest of the trustee in the trust. The trustee shall be personally liable and on the bond, if any, for any amount that remains unsatisfied.
(Added by Stats. 1996, Ch. 563, Sec. 31. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 4 - Testamentary Trusts Subject to Continuing Court Jurisdiction › ARTICLE 1 - Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction › Section 17300.

17300. This article applies only to the following:
(a) A trust created by a will executed before July 1, 1977, and not incorporated by reference in a will on or after July 1, 1977.
(b) A trust created by a will which provides that the trust is subject to the continuing jurisdiction of the superior court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 4 - Testamentary Trusts Subject to Continuing Court Jurisdiction › ARTICLE 1 - Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction › Section 17301.

17301. If a trust described in Section 17300 continues after distribution of the decedent’s estate, the court in which the decedent’s estate was administered retains jurisdiction over the trust for any of the purposes specified in Section 17200.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 4 - Testamentary Trusts Subject to Continuing Court Jurisdiction › ARTICLE 1 - Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction › Section 17302.

17302. Except as otherwise provided in this article, proceedings relating to trusts under continuing court jurisdiction are governed by this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 4 - Testamentary Trusts Subject to Continuing Court Jurisdiction › ARTICLE 1 - Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction › Section 17303.

17303. This article does not apply to a trust described in Section 17300 that has been removed from continuing court jurisdiction.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 4 - Testamentary Trusts Subject to Continuing Court Jurisdiction › ARTICLE 1 - Administration of Testamentary Trusts Subject to Continuing Court Jurisdiction › Section 17304.

17304. (a) At any time after final distribution of the decedent’s estate, a trust described in Section 17300 may be transferred to a different county in this state as provided in this section.
(b) The petition for transfer shall set forth all of the following:
(1) The name of the county to which jurisdiction over the trust is sought to be transferred.
(2) The names, ages, and places of residence of the trustees and all beneficiaries of the trust, so far as known to the petitioner.
(3) A brief description of the character, condition, value, and location of property of the trust.
(4) A brief statement of the reasons for transfer.
(c) If, after hearing, it appears to the court that the transfer of jurisdiction to the county designated in the petition or to any other county in this state will be in the best interests of the estate, or that economical and convenient administration of the trust will be facilitated by the transfer, the court shall make an order transferring jurisdiction over the trust. Upon such order, the court clerk shall certify a copy of the order of transfer to the clerk of the court to which jurisdiction is transferred, together with copies of the instrument creating the trust, the decree of distribution, and any other documents or matters of record the court determines by order to be necessary to define the powers and duties of the trustee, or otherwise to be necessary in connection with further administration of the trust.
(d) The court to which jurisdiction is transferred may from time to time require by order the filing of certified copies of additional papers or matters of record from the court in which the decedent’s estate was administered as are required.
(e) Upon the filing of a certified copy of the order of transfer, together with supporting documents, the court to which jurisdiction is transferred has the same jurisdiction over the trust as the court in which the decedent’s estate was administered but for the transfer.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 4 - Testamentary Trusts Subject to Continuing Court Jurisdiction › ARTICLE 2 - Removal of Trusts From Continuing Court Jurisdiction › Section 17350.

17350. This article applies only to trusts created by will executed before July 1, 1977, and not incorporated by reference in a will on or after July 1, 1977.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 4 - Testamentary Trusts Subject to Continuing Court Jurisdiction › ARTICLE 2 - Removal of Trusts From Continuing Court Jurisdiction › Section 17351.

17351. (a) If any of the trustees of a trust described in Section 17350 is a trust company, the trust shall be removed from continuing court jurisdiction as provided in this section. Within six months after the initial funding of the trust, the trustee shall give a notice of removal of the trust from continuing court jurisdiction to each beneficiary. Notice of removal shall be sent by registered or certified mail or by first-class mail, but notice sent by first-class mail is effective only if an acknowledgment of receipt of notice is signed by the beneficiary and returned to the trustee.
(b) The notice of removal of the trust from continuing court jurisdiction shall contain the following:
(1) A statement that as of January 1, 1983, the law was changed to remove the necessity for continuing court jurisdiction over the trust.
(2) A statement that Section 17200 of the Probate Code gives any beneficiary the right to petition a court to determine important matters relating to the administration of the trust.
(3) A copy of the text of Sections 17200 and 17201.
(4) A statement that each income beneficiary, as defined in Section 16325, is entitled to an annual statement of the principal and income receipts and disbursements of the trust and that any other beneficiary is entitled to such information upon written request to the trustee.
(5) The name and location of the court in the county in which it is appropriate to file a petition pursuant to Section 17200, the name and location of the court that had jurisdiction over the administration of the decedent’s estate, and a statement that it is appropriate to file a petition pursuant to Section 17200 with either court.
(c) The trustee shall file with the court that had jurisdiction over the administration of the decedent’s estate proof of giving notice under this section within seven months after the initial funding of the trust.
(Amended by Stats. 1999, Ch. 145, Sec. 6. Effective January 1, 2000.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 4 - Testamentary Trusts Subject to Continuing Court Jurisdiction › ARTICLE 2 - Removal of Trusts From Continuing Court Jurisdiction › Section 17352.

17352. (a) If none of the trustees of a trust described in Section 17350 is a trust company, the trust may be removed from continuing court jurisdiction only with approval of the court. The trustee may petition for court approval at any time, and from time to time, in the trustee’s discretion.
(b) The petition for removal shall set forth the trust accounts in detail, report the trustee’s acts, and show the condition of the trust estate. A copy of the trust instrument shall be attached to the petition.
(c) At the hearing the court may receive testimony from any interested person and may grant or deny the petition, or may grant the petition on such conditions as the court in its discretion deems proper.
(d) If the petition is granted, the trustee shall send the notice of removal of the trust provided in subdivision (b) of Section 17351 and file proof of service as required by subdivision (c) of Section 17351 within six months and seven months, respectively, from the date the petition is granted. A copy of the court order granting the petition shall be attached to the notice.
(e) If the petition is not granted, the trust shall continue to be administered under Article 1 (commencing with Section 17300) as if the settlor had provided in the will that the court does not lose jurisdiction of the estate by final distribution.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 4 - Testamentary Trusts Subject to Continuing Court Jurisdiction › ARTICLE 2 - Removal of Trusts From Continuing Court Jurisdiction › Section 17353.

17353. If a trust company is appointed as a successor trustee of a trust which, at the time of the appointment, is subject to continuing court jurisdiction because it was not removed pursuant to Section 17352, the successor trustee shall comply with Section 17351. For the purpose of complying with Section 17351, the date of appointment of the successor trustee shall be treated as the date of initial funding of the trust.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 4 - Testamentary Trusts Subject to Continuing Court Jurisdiction › ARTICLE 2 - Removal of Trusts From Continuing Court Jurisdiction › Section 17354.

17354. After a trust is removed from continuing court jurisdiction pursuant to this article, neither a change in trustees nor any other event causes the trust to be subject to continuing court jurisdiction under Article 1 (commencing with Section 17300).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 5 - Transfer of Trust to Another Jurisdiction › Section 17400.

17400. (a) This chapter applies to all of the following:
(1) A trust that is subject to this division.
(2) A trust subject to Chapter 8 (commencing with Section 6320) of Part 1 of Division 6.
(3) Any other trust to which the provisions of this chapter are made applicable by statute or trust instrument.
(b) This chapter does not prevent the transfer of the place of administration of a trust or of trust property to another jurisdiction by any other available means.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 5 - Transfer of Trust to Another Jurisdiction › Section 17401.

17401. (a) The court may make an order for the transfer of the place of administration of a trust or the transfer of some or all of the trust property to a jurisdiction outside this state as provided in this chapter.
(b) Except as otherwise provided in this chapter, proceedings under this chapter are governed by this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 5 - Transfer of Trust to Another Jurisdiction › Section 17402.

17402. The petition for transfer shall set forth all of the following:
(a) The names and places of residence of the following:
(1) The trustee administering the trust in this state.
(2) The trustee, including any domiciliary trustee, who will administer the trust or trust property in the other jurisdiction.
(b) The names, ages, and places of residence of the living beneficiaries, as far as known to the petitioner.
(c) Whether the trustee who will administer the trust in the other jurisdiction has agreed to accept the trust. If so, the acceptance or a copy shall be attached as an exhibit to the petition or otherwise filed with the court.
(d) A general statement of the qualifications of the trustee who will administer the trust in the other jurisdiction and the amount of fiduciary bond, if any. If the trustee is an individual, the statement shall include the trustee’s age.
(e) A general statement of the nature and value of the property of any trust of the same settlor being administered in the other jurisdiction by the trustee who will administer the trust in the other jurisdiction.
(f) The name of the court, if any, having jurisdiction of the trustee in the other jurisdiction or of its accounts or in which a proceeding may be had with respect to administration of the trust or the trustee’s accounts.
(g) A statement of the character, condition, location, and value of the trust property sought to be transferred.
(h) Whether there is any pending civil action in this state against the trustee arising out of the administration of the trust sought to be transferred.
(i) A statement of the reasons for the transfer.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 5 - Transfer of Trust to Another Jurisdiction › Section 17403.

17403. (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b) Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
(Amended by Stats. 2017, Ch. 319, Sec. 97. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 5 - Transfer of Trust to Another Jurisdiction › Section 17404.

17404. The court may, in its discretion, grant the petition and order the trustee to transfer the trust property or to transfer the place of administration of the trust to the other jurisdiction if, after hearing, all of the following appear to the court:
(a) The transfer of the trust property to a trustee in another jurisdiction, or the transfer of the place of administration of the trust to another jurisdiction, will promote the best interests of the trust and those interested in it, taking into account the interest in the economical and convenient administration of the trust.
(b) The transfer will not violate the trust instrument.
(c) Any new trustee to whom the trust property is to be transferred is qualified, willing, and able to administer the trust or trust property under the trust instrument.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 5 - Transfer of Trust to Another Jurisdiction › Section 17405.

17405. If a transfer is ordered under this chapter, the court may direct the manner of transfer and impose terms and conditions as may be just, including, but not limited to, a requirement for the substitution of a successor trustee in any pending litigation in this state. The delivery of property in accordance with the order of the court is a full discharge of the trustee in relation to all property embraced in the order.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 6 - Transfer of Trust From Another Jurisdiction › Section 17450.

17450. (a) This chapter applies to a trust, or portion thereof, administered in a jurisdiction outside this state.
(b) This chapter does not prevent the transfer of the place of administration of a trust or of trust property to this state by any other available means.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 6 - Transfer of Trust From Another Jurisdiction › Section 17451.

17451. (a) The court may make an order accepting the transfer of the place of administration of a trust from another jurisdiction to this state or the transfer of some or all of the trust property in another jurisdiction to a trustee in this state as provided in this chapter.
(b) Except as otherwise provided in this chapter, proceedings under this chapter are governed by this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 6 - Transfer of Trust From Another Jurisdiction › Section 17452.

17452. (a) If the petition requests that a resident of this state be appointed trustee, the petition shall be filed in the court of the county where the proposed principal place of administration of the trust pursuant to Section 17002 is located.
(b) If the petition requests that only a nonresident of this state be appointed trustee, the petition shall be filed in the court of the county where either (1) any beneficiary resides or (2) a substantial portion of the trust property to be transferred is located or will be located.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 6 - Transfer of Trust From Another Jurisdiction › Section 17453.

17453. The petition for transfer shall set forth all of the following:
(a) The names and places of residence of the following:
(1) The trustee administering the trust in the other jurisdiction.
(2) The proposed trustee to whom administration of the trust or trust property will be transferred.
(b) The names, ages, and places of residence of all living beneficiaries, as far as known to the petitioner.
(c) Whether administration of the trust has been subject to supervision in a jurisdiction outside this state. If so, the petition shall state whether a petition or appropriate request for transfer of place of administration of the trust or trust property to this state has been filed, if necessary, with the court in the other jurisdiction, and the status of the petition or request.
(d) Whether the trustee proposed to administer the trust in this state has agreed to accept the trust in this state. If the trustee has agreed, the acceptance shall be attached as an exhibit to the petition or otherwise filed with the court.
(e) A general statement of the qualifications of the trustee proposed to administer the trust in this state and the amount of any bond to be requested. If the trustee is an individual, the statement shall include the trustee’s age.
(f) A copy of the trust instrument or a statement of the terms of the trust instrument in effect at the time the petition is filed, including all amendments thereto.
(g) A statement of the character, condition, location, and value of the trust property sought to be transferred.
(h) A statement of the reasons for the transfer.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 6 - Transfer of Trust From Another Jurisdiction › Section 17454.

17454. (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b) Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
(Amended by Stats. 2017, Ch. 319, Sec. 98. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 6 - Transfer of Trust From Another Jurisdiction › Section 17455.

17455. (a) The court may, in its discretion, grant the petition and issue an order accepting transfer of trust property or the place of administration of the trust to this state and appoint a trustee to administer the trust in this state, if, after hearing, all of the following appear to the court:
(1) The transfer of the trust property to a trustee in this state, or the transfer of the place of administration of the trust to this state, will promote the best interests of the trust and those interested in it, taking into account the interest in the economical and convenient administration of the trust.
(2) The transfer will not violate the trust instrument.
(3) The trustee appointed by the court to administer the trust in this state, and to whom the trust property is to be transferred, is qualified, willing, and able to administer the trust or trust property under the trust instrument.
(4) The proper court in the other jurisdiction has approved the transfer if approval is necessary under the law of the other jurisdiction.
(b) If the court grants the petition under subdivision (a), the court shall require the trustee to give a bond, if necessary under the law of the other jurisdiction or of this state, and may require bond as provided in Section 15602.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 6 - Transfer of Trust From Another Jurisdiction › Section 17456.

17456. If appropriate to facilitate transfer of the trust property or the place of administration of a trust to this state, the court may issue a conditional order appointing a trustee to administer the trust in this state and indicating that transfer to this state will be accepted if transfer is approved by the proper court of the other jurisdiction.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 5 - JUDICIAL PROCEEDINGS CONCERNING TRUSTS › CHAPTER 6 - Transfer of Trust From Another Jurisdiction › Section 17457.

17457. A trust transferred to this state pursuant to this chapter shall be administered in the same manner as a trust of that type created in this state. The validity of a trust and the construction of the beneficial provisions of a trust transferred to this state are not affected by this section.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 1 - Liability of Trustee to Third Persons › Section 18000.

18000. (a) Unless otherwise provided in the contract or in this chapter, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administration of the trust unless the trustee fails to reveal the trustee’s representative capacity or identify the trust in the contract.
(b) The personal liability of a trustee on a contract entered into 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 6 - RIGHTS OF THIRD PERSONS › CHAPTER 1 - Liability of Trustee to Third Persons › Section 18001.

18001. A trustee is personally liable for obligations arising from ownership or control of trust property only if the trustee is personally at fault.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 1 - Liability of Trustee to Third Persons › Section 18002.

18002. A trustee is personally liable for torts committed in the course of administration of the trust only if the trustee is personally at fault.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 1 - Liability of Trustee to Third Persons › Section 18003.

18003. (a) A cotrustee who does not join in exercising a power held by three or more cotrustees is not liable to third persons for the consequences of the exercise of the power.
(b) A dissenting cotrustee who joins in an action at the direction of the majority cotrustees is not liable to third persons for the action if the dissenting cotrustee expresses the dissent in writing to any other cotrustee at or before the time the action is taken.
(c) This section does not excuse a cotrustee from liability for failure to discharge the cotrustee’s duties as a trustee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 1 - Liability of Trustee to Third Persons › Section 18004.

18004. A claim based on a contract entered into by a trustee in the trustee’s representative capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administration of the trust may be asserted against the trust by proceeding against the trustee in the trustee’s representative capacity, whether or not the trustee is personally liable on the claim.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 1 - Liability of Trustee to Third Persons › Section 18005.

18005. The question of liability as between the trust estate and the trustee personally may be determined in a proceeding under Section 17200.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 2 - Protection of Third Persons › Section 18100.

18100. With respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, if the third person acts in good faith and for a valuable consideration and without actual knowledge that the trustee is exceeding the trustee’s powers or improperly exercising them:
(a) The third person is not bound to inquire whether the trustee has power to act or is properly exercising a power and may assume without inquiry the existence of a trust power and its proper exercise.
(b) The third person is fully protected in dealing with or assisting the trustee just as if the trustee has and is properly exercising the power the trustee purports to exercise.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 2 - Protection of Third Persons › Section 18101.

18101. A third person who acts in good faith is not bound to ensure the proper application of trust property paid or delivered to the trustee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 2 - Protection of Third Persons › Section 18102.

18102. If a third person acting in good faith and for a valuable consideration enters into a transaction with a former trustee without knowledge that the person is no longer a trustee, the third person is fully protected just as if the former trustee were still a trustee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 2 - Protection of Third Persons › Section 18103.

18103. If an express trust relating to real property is not contained or declared in the grant to the trustee, or in an instrument signed by the trustee and recorded in the same office with the grant to the trustee, the grant shall be deemed absolute in favor of a person dealing with the trustee in good faith and for a valuable consideration.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 2 - Protection of Third Persons › Section 18104.

18104. (a) If an interest in or lien or encumbrance on real property is conveyed, created, or affected by an instrument in favor of a person in trust but no beneficiary is indicated in the instrument, it is presumed that the person holds the interest, lien, or encumbrance absolutely and free of the trust. This is a presumption affecting the burden of proof. In an action or proceeding involving the interest, lien, or encumbrance instituted against the person, the person shall be deemed the only necessary representative of the undisclosed beneficiary and of the original grantor or settlor and anyone claiming under them. A judgment is binding upon and conclusive against these persons as to all matters finally adjudicated in the judgment.
(b) An instrument executed by the person holding an interest, lien, or encumbrance described in subdivision (a), whether purporting to be the act of that person in his or her own right or in the capacity of a trustee, is presumed to affect the interest, lien, or encumbrance according to the tenor of the instrument. This is a presumption affecting the burden of proof. Upon the recording of the instrument in the county where the land affected by the instrument is located, the presumption is conclusive in favor of a person acting in good faith and for valuable consideration.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 2 - Protection of Third Persons › Section 18105.

18105. If title to an interest in real property is affected by a change of trustee, the successor trustee may execute and record in the county in which the property is located an affidavit of change of trustee. The county recorder shall impose any fee prescribed by law for recording that document in an amount sufficient to cover all costs incurred by the county in recording the document. The affidavit shall include the legal description of the real property, the name of the former trustee or trustees and the name of the successor trustee or trustees. The affidavit may also, but is not required to, include excerpts from the original trust documents, any amendments thereto, and any other documents evidencing or pertaining to the succession of the successor trustee or trustees.
(Added by Stats. 2004, Ch. 136, Sec. 2. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 2 - Protection of Third Persons › Section 18106.

18106. (a) A document establishing the fact of change of trustee recorded pursuant to this chapter is subject to all statutory requirements for recorded documents.
(b) The county recorder shall index a document establishing the fact of change of a trustee recorded pursuant to this section in the index of grantors and grantees. The index entry shall be for the grantor, and for the purpose of this index, the person who has been succeeded as trustee shall be deemed to be the grantor. The county recorder shall impose any fee prescribed by law for indexing that document in an amount sufficient to cover all costs incurred by the county in indexing the document.
(Added by Stats. 2004, Ch. 136, Sec. 3. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 2 - Protection of Third Persons › Section 18107.

18107. A document establishing the change of a trustee recorded pursuant to this chapter is prima facie evidence of the change of trustee insofar as the document identifies an interest in real property located in the county, title to which is affected by the change of trustee. The presumption established by this section is a presumption affecting the burden of producing evidence.
(Added by Stats. 2004, Ch. 136, Sec. 4. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 2 - Protection of Third Persons › Section 18108.

18108. Any person whose interest is, or may be, affected by the recordation of an affidavit of change of trustee pursuant to this chapter may require that the successor trustee provide copies of those excerpts from the original trust documents, any amendments thereto, and any other documents which evidence or pertain to the succession of the successor trustee or trustees. Nothing in this section is intended to require or imply an obligation to provide the dispositive provisions of the trust or the entire trust and any amendments thereto.
(Added by Stats. 2004, Ch. 136, Sec. 5. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 3 - Rights of Creditors of Settlor › Section 18200.

18200. If the settlor retains the power to revoke the trust in whole or in part, the trust property is subject to the claims of creditors of the settlor to the extent of the power of revocation during the lifetime of the settlor.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 6 - RIGHTS OF THIRD PERSONS › CHAPTER 3 - Rights of Creditors of Settlor › Section 18201.

18201. Any settlor whose trust property is subject to the claims of creditors pursuant to Section 18200 shall be entitled to all exemptions as provided in Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
(Added by Stats. 1998, Ch. 682, Sec. 14. Effective January 1, 1999.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 18501.

18501. This part may be cited as the Uniform Prudent Management of Institutional Funds Act.
(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 18502.

18502. As used in this part, the following terms shall have the following meanings:
(a) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community.
(b) “Endowment fund” means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use.
(c) “Gift instrument” means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.
(d) “Institution” means any of the following:
(1) A person, other than an individual, organized and operated exclusively for charitable purposes.
(2) A government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose.
(3) A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.
(e) “Institutional fund” means a fund held by an institution exclusively for charitable purposes. The term does not include any of the following:
(1) Program-related assets.
(2) A fund held for an institution by a trustee that is not an institution.
(3) A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.
(f) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(g) “Program-related asset” means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.
(h) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 18504.

18504. (a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, all of the following factors:
(1) The duration and preservation of the endowment fund.
(2) The purposes of the institution and the endowment fund.
(3) General economic conditions.
(4) The possible effect of inflation or deflation.
(5) The expected total return from income and the appreciation of investments.
(6) Other resources of the institution.
(7) The investment policy of the institution.
(b) To limit the authority to appropriate for expenditure or accumulate under subdivision (a), a gift instrument must specifically state the limitation.
(c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only “income,” “interest,” “dividends,” or “rents, issues, or profits,” or “to preserve the principal intact,” or words of similar import have both of the following effects:
(1) To create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund.
(2) To not otherwise limit the authority to appropriate for expenditure or accumulate under subdivision (a).
(d) The appropriation for expenditure in any year of an amount greater than 7 percent of the fair market value of an endowment fund, calculated on the basis of market values determined at least quarterly and averaged over a period of not less than three years immediately preceding the year in which the appropriation for expenditure is made, creates a rebuttable presumption of imprudence. For an endowment fund in existence for fewer than three years, the fair market value of the endowment fund shall be calculated for the period the endowment fund has been in existence. This subdivision does not do any of the following:
(1) Apply to an appropriation for expenditure permitted under law other than this part or by the gift instrument.
(2) Apply to a private or public postsecondary educational institution, or to a campus foundation established by and operated under the auspices of such an educational institution.
(3) Create a presumption of prudence for an appropriation for expenditure of an amount less than or equal to 7 percent of the fair market value of the endowment fund.
(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 9 - TRUST LAW › PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 18505.

18505. (a) Subject to any specific limitation set forth in a gift instrument or in law other than this part, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in all of the following:
(1) Selecting an agent.
(2) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund.
(3) Periodically reviewing the agent’s actions in order to monitor the agent’s performance and compliance with the scope and terms of the delegation.
(b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.
(c) An institution that complies with subdivision (a) is not liable for the decisions or actions of an agent to which the function was delegated except to the extent a trustee would be liable for those actions or decisions under Sections 16052 and 16401.
(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.
(e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this state other than this part.
(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)