reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 13 - LITIGATION INVOLVING DECEDENT › CHAPTER 1 - Liability of Decedent Covered byInsurance › Section 553.

553. The insurer may deny or otherwise contest its liability in an action under this chapter or by an independent action. Unless the personal representative is joined as a party, a judgment in the action under this chapter or in the independent action does not adjudicate rights by or against the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 13 - LITIGATION INVOLVING DECEDENT › CHAPTER 1 - Liability of Decedent Covered byInsurance › Section 554.

554. (a) Except as provided in subdivision (b), either the damages sought in an action under this chapter shall be within the limits and coverage of the insurance, or recovery of damages outside the limits or coverage of the insurance shall be waived. A judgment in favor of the plaintiff in the action is enforceable only from the insurance coverage and not against property in the estate.
(b) Where the amount of damages sought in the action exceeds the coverage of the insurance, subdivision (a) does not apply if both of the following conditions are satisfied:
(1) The personal representative is joined as a party to the action.
(2) The plaintiff files a claim in compliance with Section 9390.
(Amended by Stats. 1990, Ch. 710, Sec. 3. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 13 - LITIGATION INVOLVING DECEDENT › CHAPTER 1 - Liability of Decedent Covered byInsurance › Section 555.

555. (a) This chapter does not apply to an action commenced before July 1, 1989.
(b) The applicable law in effect before July 1, 1989, continues to apply to an action commenced before July 1, 1989, notwithstanding its repeal by Chapter 1199 of the Statutes of 1988.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 1 - General Provisions › Section 600.

600. Except to the extent that the common law rules governing powers of appointment are modified by statute, the common law as to powers of appointment is the law of this state.
(Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 1 - General Provisions › Section 601.

601. If the law existing at the time of the creation of a power of appointment and the law existing at the time of the release or exercise of the power of appointment or at the time of the assertion of a right given by this part differ, the law existing at the time of the release, exercise, or assertion of a right controls. Nothing in this section makes invalid a power of appointment created before July 1, 1970, that was valid under the law in existence at the time it was created.
(Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 2 - Definitions; Classification of Powers of Appointment › Section 610.

610. As used in this part:
(a) “Appointee” means the person in whose favor a power of appointment is exercised.
(b) “Appointive property” means the property or interest in property that is the subject of the power of appointment.
(c) “Creating instrument” means the deed, will, trust, or other writing or document that creates or reserves the power of appointment.
(d) “Donor” means the person who creates or reserves a power of appointment.
(e) “Permissible appointee” means a person in whose favor a power of appointment can be exercised.
(f) “Power of appointment” means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. The term does not include a power of attorney.
(g) “Powerholder” means the person to whom a power of appointment is given or in whose favor a power of appointment is reserved.
(Amended by Stats. 2016, Ch. 81, Sec. 1. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 2 - Definitions; Classification of Powers of Appointment › Section 611.

611. (a) A power of appointment is “general” only to the extent that it is exercisable in favor of the powerholder, the powerholder’s estate, the powerholder’s creditors, or creditors of the powerholder’s estate, whether or not it is exercisable in favor of others.
(b) A power to consume, invade, or appropriate property for the benefit of a person in discharge of the powerholder’s obligation of support that is limited by an ascertainable standard relating to the person’s health, education, support, or maintenance is not a general power of appointment.
(c) A power exercisable by the powerholder only in conjunction with a person having a substantial interest in the appointive property that is adverse to the exercise of the power in favor of the powerholder, the powerholder’s estate, the powerholder’s creditors, or creditors of the powerholder’s estate is not a general power of appointment.
(d) A power of appointment that is not “general” is “special.”
(e) A power of appointment may be general as to some appointive property, or an interest in or a specific portion of appointive property, and be special as to other appointive property.
(Amended by Stats. 2016, Ch. 81, Sec. 2. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 2 - Definitions; Classification of Powers of Appointment › Section 612.

612. (a) A power of appointment is “testamentary” if it is exercisable only by a will.
(b) A power of appointment is “presently exercisable” at the time in question to the extent that an irrevocable appointment can be made.
(c) A power of appointment is “not presently exercisable” if it is “postponed.” A power of appointment is “postponed” in either of the following circumstances:
(1) The creating instrument provides that the power of appointment may be exercised only after a specified act or event occurs or a specified condition is met, and the act or event has not occurred or the condition has not been met.
(2) The creating instrument provides that an exercise of the power of appointment is revocable until a specified act or event occurs or a specified condition is met, and the act or event has not occurred or the condition has not been met.
(Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 2 - Definitions; Classification of Powers of Appointment › Section 613.

613. A power of appointment is “imperative” where the creating instrument manifests an intent that the permissible appointees be benefited even if the powerholder fails to exercise the power. An imperative power can exist even though the powerholder has the privilege of selecting some and excluding others of the designated permissible appointees. All other powers of appointment are “discretionary.” The powerholder of a discretionary power is privileged to exercise, or not to exercise, the power as the powerholder chooses.
(Amended by Stats. 2016, Ch. 81, Sec. 3. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 3 - Creation of Powers of Appointment › Section 620.

620. A power of appointment can be created only by a donor having the capacity to transfer the interest in property to which the power relates.
(Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 3 - Creation of Powers of Appointment › Section 621.

621. (a) A power of appointment is created only if all of the following are satisfied:
(1) There is a creating instrument.
(2) The creating instrument is valid under applicable law.
(3) Except as provided in subdivision (b), the creating instrument transfers the appointive property.
(4) The terms of the creating instrument manifest the donor’s intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
(b) Paragraph (3) of subdivision (a) does not apply to the creation of a power of appointment by the exercise of a power of appointment.
(Added by Stats. 2016, Ch. 81, Sec. 4. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 1 - Donee s Capacity › Section 625.

625. (a) A power of appointment can be exercised only by a powerholder having the capacity to transfer the interest in property to which the power relates.
(b) Unless the creating instrument otherwise provides, a powerholder who is a minor may not exercise a power of appointment during minority.
(Amended by Stats. 2016, Ch. 81, Sec. 5. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 2 - Scope of Donee s Authority › Section 630.

630. (a) Except as otherwise provided in this part, if the creating instrument specifies requirements as to the manner, time, and conditions of the exercise of a power of appointment, the power can be exercised only by complying with those requirements.
(b) Unless expressly prohibited by the creating instrument, a power stated to be exercisable by an inter vivos instrument is also exercisable by a written will.
(Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 2 - Scope of Donee s Authority › Section 631.

631. (a) Where an appointment does not satisfy the formal requirements specified in the creating instrument as provided in subdivision (a) of Section 630, the court may excuse compliance with the formal requirements and determine that exercise of the appointment was effective if both of the following requirements are satisfied:
(1) The appointment approximates the manner of appointment prescribed by the donor.
(2) The failure to satisfy the formal requirements does not defeat the accomplishment of a significant purpose of the donor.
(b) This section does not permit a court to excuse compliance with a specific reference requirement under Section 632.
(Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 2 - Scope of Donee s Authority › Section 632.

632. If the creating instrument expressly directs that a power of appointment be exercised by an instrument that makes a specific reference to the power or to the instrument that created the power, the power can be exercised only by an instrument containing the required reference.
(Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 2 - Scope of Donee s Authority › Section 633.

633. (a) If the creating instrument requires the consent of the donor or other person to exercise a power of appointment, the power can only be exercised when the required consent is contained in the instrument of exercise or in a separate written instrument, signed in each case by the person whose consent is required.
(b) Unless expressly prohibited by the creating instrument:
(1) If a person whose consent is required dies, the power may be exercised by the powerholder without the consent of that person.
(2) If a person whose consent is required becomes legally incapable of consenting, the person’s guardian or conservator may consent to an exercise of the power.
(3) A consent may be given before or after the exercise of the power by the powerholder.
(Amended by Stats. 2016, Ch. 81, Sec. 6. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 2 - Scope of Donee s Authority › Section 634.

634. A power of appointment created in favor of two or more powerholders can only be exercised when all of the powerholders unite in its exercise. If one or more of the powerholders dies, becomes legally incapable of exercising the power, or releases the power, the power may be exercised by the others, unless expressly prohibited by the creating instrument.
(Amended by Stats. 2016, Ch. 81, Sec. 7. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 2 - Scope of Donee s Authority › Section 635.

635. Nothing in this chapter affects the power of a court of competent jurisdiction to remedy a defective exercise of an imperative power of appointment.
(Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 3 - Donee s Required Intent › Section 640.

640. (a) The exercise of a power of appointment requires a manifestation of the powerholder’s intent to exercise the power.
(b) A manifestation of the powerholder’s intent to exercise a power of appointment exists in any of the following circumstances:
(1) The powerholder declares, in substance, that the powerholder exercises specific powers or all the powers the powerholder has.
(2) The powerholder purports to transfer an interest in the appointive property that the powerholder would have no power to transfer except by virtue of the power.
(3) The powerholder makes a disposition that, when considered with reference to the property owned and the circumstances existing at the time of the disposition, manifests the powerholder’s understanding that the powerholder was disposing of the appointive property.
(c) The circumstances described in subdivision (b) are illustrative, not exclusive.
(Amended by Stats. 2016, Ch. 81, Sec. 8. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 3 - Donee s Required Intent › Section 641.

641. (a) A general residuary clause in a will, or a will making general disposition of all the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intent to exercise the power.
(b) This section applies in a case where the powerholder dies on or after July 1, 1982.
(Amended by Stats. 2016, Ch. 81, Sec. 9. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 3 - Donee s Required Intent › Section 642.

642. If a power of appointment existing at the powerholder’s death, but created after the execution of the powerholder’s will, is exercised by the will, the appointment is effective except in either of the following cases:
(a) The creating instrument manifests an intent that the power may not be exercised by a will previously executed.
(b) The will manifests an intent not to exercise a power subsequently acquired.
(Amended by Stats. 2016, Ch. 81, Sec. 10. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 4 - Types of Appointments › Section 650.

650. (a) The powerholder of a general power of appointment may make an appointment:
(1) Of all of the appointive property at one time, or several partial appointments at different times, where the power is exercisable inter vivos.
(2) Of present or future interests or both.
(3) Subject to conditions or charges.
(4) Subject to otherwise lawful restraints on the alienation of the appointed interest.
(5) In trust.
(6) Creating a new power of appointment.
(b) The listing in subdivision (a) is illustrative, not exclusive.
(Amended by Stats. 2016, Ch. 81, Sec. 11. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 4 - Types of Appointments › Section 651.

651. Subject to the limitations imposed by the creating instrument, the powerholder of a special power may make any of the types of appointment permissible for the powerholder of a general power under Section 650.
(Amended by Stats. 2016, Ch. 81, Sec. 12. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 4 - Types of Appointments › Section 652.

652. (a) Except as provided in subdivision (b), the powerholder of a special power of appointment may appoint the whole or any part of the appointive property to any one or more of the permissible appointees and exclude others.
(b) If the donor specifies either a minimum or maximum share or amount to be appointed to one or more of the permissible appointees, the exercise of the power must conform to the specification.
(Amended by Stats. 2016, Ch. 81, Sec. 13. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 5 - Contracts to Appoint; Releases › Section 660.

660. (a) The powerholder of a power of appointment that is presently exercisable, whether general or special, can contract to make an appointment to the same extent that the powerholder could make an effective appointment.
(b) The powerholder of a power of appointment cannot contract to make an appointment while the power of appointment is not presently exercisable. If a promise to make an appointment under such a power is not performed, the promisee cannot obtain either specific performance or damages, but the promisee is not prevented from obtaining restitution of the value given by the promisee for the promise.
(c) Unless the creating instrument expressly provides that the powerholder may not contract to make an appointment while the power of appointment is not presently exercisable, subdivision (b) does not apply to the case where the donor and the powerholder are the same person. In this case, the powerholder can contract to make an appointment to the same extent that the powerholder could make an effective appointment if the power of appointment were presently exercisable.
(Amended by Stats. 2016, Ch. 81, Sec. 14. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 5 - Contracts to Appoint; Releases › Section 661.

661. (a) Unless the creating instrument otherwise provides, a general or special power of appointment that is a discretionary power, whether testamentary or otherwise, may be released, either with or without consideration, by a written instrument signed by the powerholder and delivered as provided in subdivision (c).
(b) A releasable power may be released with respect to the whole or any part of the appointive property and may also be released in such manner as to reduce or limit the permissible appointees. No partial release of a power shall be deemed to make imperative the remaining power that was not imperative before the release unless the instrument of release expressly so provides. No release of a power that is not presently exercisable is permissible where the donor designated persons or a class to take in default of the powerholder’s exercise of the power unless the release serves to benefit all persons designated as provided by the donor.
(c) A release shall be delivered as follows:
(1) If the creating instrument specifies a person to whom a release is to be delivered, the release shall be delivered to that person, but delivery need not be made as provided in this paragraph if the person cannot with due diligence be found.
(2) In a case where the property to which the power relates is held by a trustee, the release shall be delivered to the trustee.
(3) In a case not covered by paragraph (1) or (2), the release may be delivered to any of the following:
(A) A person, other than the powerholder, who could be adversely affected by the exercise of the power.
(B) The county recorder of the county in which the powerholder resides or in which the deed, will, or other instrument creating the power is filed.
(d) A release of a power of appointment that affects real property or obligations secured by real property shall be acknowledged and proved, and may be certified and recorded, in like manner and with like effect as grants of real property, and all statutory provisions relating to the recordation or nonrecordation of conveyances of real property and to the effect thereof apply to a release with like effect, without regard to the date when the release was delivered, if at all, pursuant to subdivision (c). Failure to deliver, pursuant to subdivision (c), a release that is recorded pursuant to this subdivision does not affect the validity of any transaction with respect to the real property or obligation secured thereby, and the general laws of this state on recording and its effect govern the transaction.
(e) This section does not impair the validity of a release made before July 1, 1970.
(Amended by Stats. 2016, Ch. 81, Sec. 15. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 4 - Exercise of Powers of Appointment › ARTICLE 5 - Contracts to Appoint; Releases › Section 662.

662. (a) A release on behalf of a minor powerholder shall be made by the guardian of the estate of the minor pursuant to an order of court obtained under this section.
(b) The guardian or other interested person may file a petition with the court in which the guardianship of the estate proceeding is pending for an order of the court authorizing or requiring the guardian to release the ward’s powers as a powerholder or a power of appointment in whole or in part.
(c) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1 of Division 4 to all of the following (other than the petitioner or persons joining in the petition):
(1) The persons required to be given notice under Chapter 3 (commencing with Section 1460) of Part 1 of Division 4.
(2) The donor of the power, if alive.
(3) The trustee, if the property to which the power relates is held by a trustee.
(4) Other persons as ordered by the court.
(d) After hearing, the court in its discretion may make an order authorizing or requiring the guardian to release on behalf of the ward a general or special power of appointment as permitted under Section 661, if the court determines, taking into consideration all the relevant circumstances, that the ward as a prudent person would make the release of the power of appointment if the ward had the capacity to do so.
(e) Nothing in this section imposes any duty on the guardian to file a petition under this section, and the guardian is not liable for failure to file a petition under this section.
(Amended by Stats. 2016, Ch. 81, Sec. 16. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 5 - Effect of Failure to Make Effective Appointment › Section 670.

670. An exercise of a power of appointment is not void solely because it is more extensive than authorized by the power, but is valid to the extent that the exercise was permissible under the terms of the power.
(Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 5 - Effect of Failure to Make Effective Appointment › Section 671.

671. (a) Unless the creating instrument or the powerholder, in writing, manifests a contrary intent, where the powerholder dies without having exercised an imperative power of appointment either in whole or in part, the persons designated as permissible appointees take equally of the property not already appointed. Where the creating instrument establishes a minimum distribution requirement that is not satisfied by an equal division of the property not already appointed, the appointees who have received a partial appointment are required to return a pro rata portion of the property they would otherwise be entitled to receive in an amount sufficient to meet the minimum distribution requirement.
(b) Where an imperative power of appointment has been exercised defectively, either in whole or in part, its proper execution may be adjudged in favor of the person intended to be benefited by the defective exercise.
(c) Where an imperative power of appointment has been created so that it confers on a person a right to have the power exercised in the person’s favor, the proper exercise of the power can be compelled in favor of the person, or the person’s assigns, creditors, guardian, or conservator.
(Amended by Stats. 2016, Ch. 81, Sec. 17. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 5 - Effect of Failure to Make Effective Appointment › Section 672.

672. (a) Except as provided in subdivision (b), if the powerholder of a discretionary power of appointment fails to appoint the property, releases the entire power, or makes an ineffective appointment, in whole or in part, the appointive property not effectively appointed passes to the person named by the donor as taker in default or, if there is none, reverts to the donor.
(b) If the powerholder of a general power of appointment makes an ineffective appointment, an implied alternative appointment to the powerholder’s estate may be found if the powerholder has manifested an intent that the appointive property be disposed of as property of the powerholder rather than as in default of appointment.
(Amended by Stats. 2016, Ch. 81, Sec. 18. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 5 - Effect of Failure to Make Effective Appointment › Section 673.

673. (a) Except as provided in subdivision (b), if an appointment by will or by instrument effective only at the death of the powerholder is ineffective because of the death of an appointee before the appointment becomes effective and the appointee leaves issue surviving the powerholder, the surviving issue of the appointee take the appointed property in the same manner as the appointee would have taken had the appointee survived the powerholder, except that the property passes only to persons who are permissible appointees, including appointees permitted under Section 674. If the surviving issue are all of the same degree of kinship to the deceased appointee, they take equally, but if of unequal degree, then those of more remote degree take in the manner provided in Section 240.
(b) This section does not apply if either the donor or powerholder manifests an intent that some other disposition of the appointive property shall be made.
(Amended by Stats. 2016, Ch. 81, Sec. 19. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 5 - Effect of Failure to Make Effective Appointment › Section 674.

674. (a) Unless the creating instrument expressly provides otherwise, if a permissible appointee dies before the exercise of a special power of appointment, the powerholder has the power to appoint to the issue of the deceased permissible appointee, whether or not the issue was included within the description of the permissible appointees, if the deceased permissible appointee was alive at the time of the execution of the creating instrument or was born thereafter.
(b) This section applies whether the special power of appointment is exercisable by inter vivos instrument, by will, or otherwise.
(c) This section applies to a case where the power of appointment is exercised on or after July 1, 1982, but does not affect the validity of any exercise of a power of appointment made before July 1, 1982.
(Amended by Stats. 2016, Ch. 81, Sec. 20. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 5 - Effect of Failure to Make Effective Appointment › Section 675.

675. If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property shall be allocated in the permissible manner in accordance with the terms of the creating instrument and that best carries out the powerholder’s intent.
(Added by Stats. 2016, Ch. 81, Sec. 21. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 5 - Effect of Failure to Make Effective Appointment › Section 676.

676. Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.
(Added by Stats. 2016, Ch. 81, Sec. 22. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 6 - Rights of Creditors › Section 680.

680. The donor of a power of appointment cannot nullify or alter the rights given creditors of the powerholder by Sections 682, 683, and 684 by any language in the instrument creating the power.
(Amended by Stats. 2016, Ch. 81, Sec. 23. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 6 - Rights of Creditors › Section 681.

681. (a) Except as provided in subdivision (b), property covered by a special power of appointment is not subject to the claims of creditors of the powerholder or of the powerholder’s estate or to the expenses of the administration of the powerholder’s estate.
(b) Property subject to a special power of appointment shall be subject to the claims of creditors of the powerholder or of the powerholder’s estate or the expenses of administration of the powerholder’s estate under either of the following circumstances:
(1) To the extent that the powerholder owned the property and, reserving the special power, transferred the property in violation of the Uniform Voidable Transactions Act (Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 of the Civil Code).
(2) If the initial gift in default of the exercise of the power is to the powerholder or the powerholder’s estate.
(Amended by Stats. 2016, Ch. 81, Sec. 24. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 6 - Rights of Creditors › Section 682.

682. (a) To the extent that the property owned by the powerholder is inadequate to satisfy the claims of the powerholder’s creditors, property subject to a general power of appointment that is presently exercisable is subject to the claims to the same extent that it would be subject to the claims if the property were owned by the powerholder.
(b) Upon the death of the powerholder, to the extent that the powerholder’s estate is inadequate to satisfy the claims of creditors of the estate and the expenses of administration of the estate, property subject to a general testamentary power of appointment or to a general power of appointment that was presently exercisable at the time of the powerholder’s death is subject to the claims and expenses to the same extent that it would be subject to the claims and expenses if the property had been owned by the powerholder.
(c) This section applies whether or not the power of appointment has been exercised.
(Amended by Stats. 2016, Ch. 81, Sec. 25. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 6 - Rights of Creditors › Section 683.

683. Property subject to a general power of appointment created by the donor in the donor’s favor, whether or not presently exercisable, is subject to the claims of the donor’s creditors or the donor’s estate and to the expenses of the administration of the donor’s estate, except to the extent the donor effectively irrevocably appointed the property subject to the general power of appointment in favor of a person other than the donor or the donor’s estate.
(Amended by Stats. 2016, Ch. 81, Sec. 26. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 6 - Rights of Creditors › Section 684.

684. For the purposes of Sections 682 and 683, a person to whom the powerholder owes an obligation of support shall be considered a creditor of the powerholder to the extent that a legal obligation exists for the powerholder to provide the support.
(Amended by Stats. 2016, Ch. 81, Sec. 27. (AB 2846) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 7 - Rule Against Perpetuities › Section 690.

690. The statutory rule against perpetuities provided by Part 2 (commencing with Section 21200) of Division 11 applies to powers of appointment governed by this part.
(Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 14 - POWERS OF APPOINTMENT › CHAPTER 8 - Revocability of Creation, Exercise, or Release of Power of Appointment › Section 695.

695. (a) Unless the power to revoke is in the creating instrument or exists pursuant to Section 15400, the creation of a power of appointment is irrevocable.
(b) Unless made expressly irrevocable by the creating instrument or the instrument of exercise, an exercise of a power of appointment is revocable if the power to revoke exists pursuant to Section 15400 or so long as the interest in the appointive property, whether present or future, has not been transferred or become distributable pursuant to the appointment.
(c) Unless the power to revoke is reserved in the instrument releasing the power, a release of a power of appointment is irrevocable.
(Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 1 - Definitions › Section 700.

700. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 1 - Definitions › Section 701.

701. “Attorney” means an individual licensed to practice law in this state.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 1 - Definitions › Section 702.

702. “Deposit” means delivery of a document by a depositor to an attorney for safekeeping or authorization by a depositor for an attorney to retain a document for safekeeping.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 1 - Definitions › Section 703.

703. “Depositor” means a natural person who deposits the person’s document with an attorney.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 1 - Definitions › Section 704.

704. “Document” means any of the following:
(a) A signed original will, declaration of trust, trust amendment, or other document modifying a will or trust.
(b) A signed original power of attorney.
(c) A signed original nomination of conservator.
(d) Any other signed original instrument that the attorney and depositor agree in writing to make subject to this part.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 2 - Duties and Liabilities of Attorney › Section 710.

710. If a document is deposited with an attorney, the attorney, and a successor attorney that accepts transfer of the document, shall use ordinary care for preservation of the document on and after July 1, 1994, whether or not consideration is given, and shall hold the document in a safe, vault, safe deposit box, or other secure place where it will be reasonably protected against loss or destruction.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 2 - Duties and Liabilities of Attorney › Section 711.

711. If a document deposited with an attorney is lost or destroyed, the attorney shall give notice of the loss or destruction to the depositor by one of the following methods:
(a) By delivering pursuant to Section 1215 the notice to the depositor’s last known address.
(b) By the method most likely to give the depositor actual notice.
(Amended by Stats. 2017, Ch. 319, Sec. 9. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 2 - Duties and Liabilities of Attorney › Section 712.

712. Notwithstanding failure of an attorney to satisfy the standard of care required by Section 710 or 716, the attorney is not liable for loss or destruction of the document if the depositor has actual notice of the loss or destruction and a reasonable opportunity to replace the document, and the attorney offers without charge either to assist the depositor in replacing the document, or to prepare a substantially similar document and assist in its execution.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 2 - Duties and Liabilities of Attorney › Section 713.

713. The acceptance by an attorney of a document for deposit imposes no duty on the attorney to do either of the following:
(a) Inquire into the content, validity, invalidity, or completeness of the document, or the correctness of any information in the document.
(b) Provide continuing legal services to the depositor or to any beneficiary under the document. This subdivision does not affect the duty, if any, of the drafter of the document to provide continuing legal services to any person.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 2 - Duties and Liabilities of Attorney › Section 714.

714. (a) If so provided in a written agreement signed by the depositor, an attorney may charge the depositor for compensation and expenses incurred in safekeeping or delivery of a document deposited with the attorney.
(b) No lien arises for the benefit of an attorney on a document deposited with the attorney, whether before or after its transfer, even if provided by agreement.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 2 - Duties and Liabilities of Attorney › Section 715.

715. An attorney may give written notice to a depositor, and obtain written acknowledgment from the depositor, in the following form:
NOTICE AND ACKNOWLEDGMENT
To:
_____ (Name of depositor) _____
_____ (Address) _____
_____ (City, state, and ZIP) _____
_____ (Electronic address) _____
I have accepted your will or other estate planning document for safekeeping. I must use ordinary care for preservation of the document.
You must keep me advised of any change in your addresses shown above. If you do not and I cannot return this document to you when necessary, I will no longer be required to use ordinary care for preservation of the document, and I may transfer it to another attorney, or I may transfer it to the clerk of the superior court of the county of your last known domicile, and give notice of the transfer to the State Bar of California.
_____ (Signature of attorney) _____
_____ (Address of attorney) _____
_____ (City, state, and ZIP) _____
_____ (Electronic address) _____
My addresses shown above are correct. I understand that I must keep you advised of any change in these addresses.
Dated:
_____ (Signature of depositor) _____
(Amended by Stats. 2017, Ch. 319, Sec. 10. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 2 - Duties and Liabilities of Attorney › Section 716.

716. Notwithstanding Section 710, if an attorney has given written notice to the depositor, and has obtained written acknowledgment from the depositor, in substantially the form provided in Section 715, and the requirements of subdivision (a) of Section 732 are satisfied, the attorney, and a successor attorney that accepts transfer of a document, shall use at least slight care for preservation of a document deposited with the attorney.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 3 - Termination of Deposit › ARTICLE 1 - Termination by Depositor › Section 720.

720. A depositor may terminate a deposit on demand, in which case the attorney shall deliver the document to the depositor.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 3 - Termination of Deposit › ARTICLE 2 - Termination by Attorney › Section 730.

730. An attorney with whom a document has been deposited, or to whom a document has been transferred pursuant to this article, may terminate the deposit only as provided in this article.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 3 - Termination of Deposit › ARTICLE 2 - Termination by Attorney › Section 731.

731. An attorney may terminate the deposit by one of the following methods:
(a) Personal delivery of the document to the depositor.
(b) Mailing the document to the depositor’s last known address, by registered or certified mail with return receipt requested, and receiving a signed receipt.
(c) The method agreed on by the depositor and attorney.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 3 - Termination of Deposit › ARTICLE 2 - Termination by Attorney › Section 732.

732. (a) An attorney may terminate a deposit under this section if the attorney has delivered notice pursuant to Section 1215 to reclaim the document to the depositor’s last known address and the depositor has failed to reclaim the document within 90 days after delivery.
(b) Subject to subdivision (f), an attorney may terminate a deposit under this section by transferring the document to another attorney. All documents transferred under this subdivision shall be transferred to the same attorney.
(c) Subject to subdivision (f), if an attorney is deceased, lacks legal capacity, or is no longer an active member of the State Bar, a deposit may be terminated under this section by transferring the document to the clerk of the superior court of the county of the depositor’s last known domicile. The attorney shall advise the clerk that the document is being transferred pursuant to this section.
(d) An attorney may not accept a fee or compensation from a transferee for transferring a document under this section. An attorney may charge a fee for receiving a document under this section.
(e) Transfer of a document by an attorney under this section is not a waiver or breach of any privilege or confidentiality associated with the document, and is not a violation of the rules of professional conduct. If the document is privileged under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the document remains privileged after the transfer.
(f) If the document is a will and the attorney has actual notice that the depositor has died, the attorney may terminate a deposit only as provided in Section 734.
(Amended by Stats. 2017, Ch. 319, Sec. 11. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY › CHAPTER 3 - Termination of Deposit › ARTICLE 2 - Termination by Attorney › Section 733.

733. (a) An attorney transferring one or more documents under Section 732 shall deliver notice pursuant to Section 1215 of the transfer to the State Bar of California. The notice shall contain all of the following information:
(1) The name of the depositor.
(2) The date of the transfer.
(3) The name, address, and State Bar number of the transferring attorney.
(4) Whether any documents are transferred to an attorney, and the name, address, and State Bar number of the attorney to whom the documents are transferred.
(5) Whether any documents are transferred to a superior court clerk.
(b) The State Bar shall record only one notice of transfer for each transferring attorney. The State Bar shall prescribe the form for the notice of transfer. On request by any person, the State Bar shall give that person information in the notice of transfer. At its sole election, the State Bar may give the information orally or in writing.
(Amended by Stats. 2017, Ch. 319, Sec. 12. (AB 976) Effective January 1, 2018.)