reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS › CHAPTER 2 - General Provisions › Section 277.

277. (a) A disclaimer on behalf of a minor shall be made by the guardian of the estate of the minor if one has been appointed or, if none has been appointed, by a guardian ad litem of the minor. A disclaimer by a guardian is not effective unless made pursuant to a court order obtained under this section.
(b) A disclaimer on behalf of a decedent shall be made by the personal representative of the decedent. Except as provided in Part 6 (commencing with Section 10400) of Division 7, a disclaimer by a guardian or personal representative is not effective unless made pursuant to a court order obtained under this section.
(c) A petition for an order authorizing or requiring a guardian or personal representative to execute and file a disclaimer shall be filed in the superior court in the county in which the estate of the minor or decedent is administered or, if there is no administration, the superior court in any county in which administration would be proper. The petition may be filed by the guardian, personal representative, or other interested person.
(d) The petition shall:
(1) Identify the creator of the interest.
(2) Describe the interest to be disclaimed.
(3) State the extent of the disclaimer.
(4) Identify the person or persons the petitioner believes would take the interest in the event of the disclaimer.
(e) Notice of the hearing on the petition shall be given as follows:
(1) If the petition is for an order authorizing or requiring the guardian of the estate of a minor to execute and file the disclaimer, 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 persons required to be given notice under that chapter.
(2) If the petition is for an order authorizing or requiring the personal representative of a decedent to execute and file the disclaimer, notice of the hearing on the petition shall be given as provided in Section 1220.
(3) If the petition is for an order authorizing or requiring a guardian ad litem of a minor to execute and file the disclaimer, notice of the hearing on the petition shall be given to the persons and in the manner that the court shall by order direct.
(f) After hearing, the court in its discretion may make an order authorizing or requiring the guardian or personal representative to execute and file the disclaimer if the court determines, taking into consideration all of the relevant circumstances, that the minor or decedent as a prudent person would disclaim the interest if he or she had the capacity to do so.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS › CHAPTER 2 - General Provisions › Section 278.

278. The disclaimer shall be in writing, shall be signed by the disclaimant, and shall:
(a) Identify the creator of the interest.
(b) Describe the interest to be disclaimed.
(c) State the disclaimer and the extent of the disclaimer.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS › CHAPTER 2 - General Provisions › Section 279.

279. (a) A disclaimer to be effective shall be filed within a reasonable time after the person able to disclaim acquires knowledge of the interest.
(b) In the case of any of the following interests, a disclaimer is conclusively presumed to have been filed within a reasonable time if it is filed within nine months after the death of the creator of the interest or within nine months after the interest becomes indefeasibly vested, whichever occurs later:
(1) An interest created under a will.
(2) An interest created by intestate succession.
(3) An interest created pursuant to the exercise or nonexercise of a testamentary power of appointment.
(4) An interest created by surviving the death of a depositor of a Totten trust account or P.O.D. account.
(5) An interest created under a life insurance or annuity contract.
(6) An interest created by surviving the death of another joint tenant.
(7) An interest created under an employee benefit plan.
(8) An interest created under an individual retirement account, annuity, or bond.
(9) An interest created under a transfer on death beneficiary designation in a deed or other instrument.
(c) In the case of an interest created by a living trust, an interest created by the exercise of a presently exercisable power of appointment, an outright inter vivos gift, a power of appointment, or an interest created or increased by succession to a disclaimed interest, a disclaimer is conclusively presumed to have been filed within a reasonable time if it is filed within nine months after whichever of the following times occurs latest:
(1) The time of the creation of the trust, the exercise of the power of appointment, the making of the gift, the creation of the power of appointment, or the disclaimer of the disclaimed property.
(2) The time the first knowledge of the interest is acquired by the person able to disclaim.
(3) The time the interest becomes indefeasibly vested.
(d) In case of an interest not described in subdivision (b) or (c), a disclaimer is conclusively presumed to have been filed within a reasonable time if it is filed within nine months after whichever of the following times occurs later:
(1) The time the first knowledge of the interest is acquired by the person able to disclaim.
(2) The time the interest becomes indefeasibly vested.
(e) In the case of a future estate, a disclaimer is conclusively presumed to have been filed within a reasonable time if it is filed within whichever of the following times occurs later:
(1) Nine months after the time the interest becomes an estate in possession.
(2) The time specified in subdivision (b), (c), or (d), whichever is applicable.
(f) If the disclaimer is not filed within the time provided in subdivision (b), (c), (d), or (e), the disclaimant has the burden of establishing that the disclaimer was filed within a reasonable time after the disclaimant acquired knowledge of the interest.
(Amended by Stats. 2015, Ch. 293, Sec. 6. (AB 139) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS › CHAPTER 2 - General Provisions › Section 280.

280. (a) A disclaimer shall be filed with any of the following:
(1) The superior court in the county in which the estate of the decedent is administered or, if there is no administration of the decedent’s estate, the superior court in any county in which administration of the estate of the decedent would be proper.
(2) The trustee, personal representative, other fiduciary, or person responsible for distributing the interest to the beneficiary.
(3) Any other person having custody or possession of or legal title to the interest.
(4) The creator of the interest.
(b) If a disclaimer made pursuant to this part affects real property or an obligation secured by real property and the disclaimer is acknowledged and proved in like manner as a grant of real property, the disclaimer may be recorded in like manner and with like effect as a grant 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 the disclaimer with like effect, without regard to the date when the disclaimer was filed pursuant to subdivision (a). Failure to file a disclaimer pursuant to subdivision (a) which is recorded pursuant to this subdivision does not affect the validity of any transaction with respect to the real property or the obligation secured thereby, and the general laws on recording and its effect govern any such transaction.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS › CHAPTER 2 - General Provisions › Section 281.

281. A disclaimer, when effective, is irrevocable and binding upon the beneficiary and all persons claiming by, through, or under the beneficiary, including creditors of the beneficiary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS › CHAPTER 2 - General Provisions › Section 282.

282. (a) Unless the creator of the interest provides for a specific disposition of the interest in the event of a disclaimer, the interest disclaimed shall descend, go, be distributed, or continue to be held (1) as to a present interest, as if the disclaimant had predeceased the creator of the interest or (2) as to a future interest, as if the disclaimant had died before the event determining that the taker of the interest had become finally ascertained and the taker’s interest indefeasibly vested. A disclaimer relates back for all purposes to the date of the death of the creator of the disclaimed interest or the determinative event, as the case may be.
(b) Notwithstanding subdivision (a), where the disclaimer is filed on or after January 1, 1985:
(1) The beneficiary is not treated as having predeceased the decedent for the purpose of determining the generation at which the division of the estate is to be made under Part 6 (commencing with Section 240) or other provision of a will, trust, or other instrument.
(2) The beneficiary of a disclaimed interest is not treated as having predeceased the decedent for the purpose of applying subdivision (d) of Section 6409 or subdivision (b) of Section 6410.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS › CHAPTER 2 - General Provisions › Section 283.

283. A disclaimer is not a voidable transfer by the beneficiary under the Uniform Voidable Transactions Act (Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 of the Civil Code).
(Amended by Stats. 2015, Ch. 44, Sec. 26. (SB 161) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS › CHAPTER 2 - General Provisions › Section 284.

284. A person who could file a disclaimer under this part may instead file a written waiver of the right to disclaim. The waiver shall specify the interest to which the waiver applies. Upon being filed as provided in Section 280, the waiver is irrevocable and is binding upon the beneficiary and all persons claiming by, through, or under the beneficiary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS › CHAPTER 2 - General Provisions › Section 285.

285. (a) A disclaimer may not be made after the beneficiary has accepted the interest sought to be disclaimed.
(b) For the purpose of this section, a beneficiary has accepted an interest if any of the following occurs before a disclaimer is filed with respect to that interest:
(1) The beneficiary, or someone acting on behalf of the beneficiary, makes a voluntary assignment, conveyance, encumbrance, pledge, or transfer of the interest or part thereof, or contracts to do so; provided, however, that a beneficiary will not have accepted an interest if the beneficiary makes a gratuitous conveyance or transfer of the beneficiary’s entire interest in property to the person or persons who would have received the property had the beneficiary made an otherwise qualified disclaimer pursuant to this part.
(2) The beneficiary, or someone acting on behalf of the beneficiary, executes a written waiver under Section 284 of the right to disclaim the interest.
(3) The beneficiary, or someone acting on behalf of the beneficiary, accepts the interest or part thereof or benefit thereunder.
(4) The interest or part thereof is sold at a judicial sale.
(c) An acceptance does not preclude a beneficiary from thereafter disclaiming all or part of an interest if both of the following requirements are met:
(1) The beneficiary became entitled to the interest because another person disclaimed an interest.
(2) The beneficiary or other person acting on behalf of the beneficiary at the time of the acceptance had no knowledge of the interest to which the beneficiary so became entitled.
(d) The acceptance by a joint tenant of the joint tenancy interest created when the joint tenancy is created is not an acceptance by the joint tenant of the interest created when the joint tenant survives the death of another joint tenant.
(Amended by Stats. 1994, Ch. 806, Sec. 3. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS › CHAPTER 2 - General Provisions › Section 286.

286. The right to disclaim exists regardless of any limitation imposed on the interest of a beneficiary in the nature of an expressed or implied spendthrift provision or similar restriction.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS › CHAPTER 2 - General Provisions › Section 287.

287. An interest created before January 1, 1984, that has not been accepted may be disclaimed after December 31, 1983, in the manner provided in this part, but no interest that arose before January 1, 1984, in a person other than the beneficiary may be destroyed or diminished by any action of the disclaimant taken pursuant to this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS › CHAPTER 2 - General Provisions › Section 288.

288. This part does not limit or abridge any right a person may have under any other law to assign, convey, or release any property or interest, but after December 31, 1983, an interest that would otherwise be taken by a beneficiary may be declined, refused, renounced, or disclaimed only as provided in this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 8 - DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS › CHAPTER 3 - Disclaimers Effective Under Federal Law › Section 295.

295. Notwithstanding any other provision of this part, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the beneficiary, then the disclaimer or transfer is effective as a disclaimer under this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 9 - TRUST COMPANY AS FIDUCIARY › Section 300.

300. A trust company may be appointed to act as a personal representative, guardian or conservator of an estate, trust director, or trustee, in the same manner as an individual. A trust company may not be appointed guardian or conservator of the person of a ward or conservatee.
(Amended by Stats. 2023, Ch. 721, Sec. 1. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 9 - TRUST COMPANY AS FIDUCIARY › Section 301.

301. (a) A trust company appointed to act as a personal representative, or guardian or conservator of an estate, may not be required to give a bond.
(b) The liability of a trust company and the manner of its making of oaths and affidavits are governed by Article 3 (commencing with Section 1540) of Chapter 12 of Division 1 of, and Section 1587 of, the Financial Code.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 10 - IMMEDIATE STEPS CONCERNING DECEDENT'S TANGIBLE PERSONAL PROPERTY AND SAFE DEPOSIT BOX › Section 330.

330. (a) Except as provided in subdivision (b), a public administrator, government official, law enforcement agency, the hospital or institution in which a decedent died, or the decedent’s employer, may, without the need to wait 40 days after death, deliver the tangible personal property of the decedent in its possession, including keys to the decedent’s residence, to the decedent’s surviving spouse, relative, or conservator or guardian of the estate acting in that capacity at the time of death.
(b) A person shall not deliver property pursuant to this section if the person knows or has reason to believe that there is a dispute over the right to possession of the property.
(c) A person that delivers property pursuant to this section shall require reasonable proof of the status and identity of the person to whom the property is delivered, and may rely on any document described in subdivision (d) of Section 13104 as proof of identity.
(d) A person that delivers property pursuant to this section shall, for a period of three years after the date of delivery of the property, keep a record of the property delivered and the status and identity of the person to whom the property is delivered.
(e) Delivery of property pursuant to this section does not determine ownership of the property or confer any greater rights in the property than the recipient would otherwise have and does not preclude later proceedings for administration of the decedent’s estate. If proceedings for administration of the decedent’s estate are commenced, the person holding the property shall deliver it to the personal representative on request by the personal representative.
(f) A person that delivers property pursuant to this section is not liable for loss or damage to the property caused by the person to whom the property is delivered.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 10 - IMMEDIATE STEPS CONCERNING DECEDENT'S TANGIBLE PERSONAL PROPERTY AND SAFE DEPOSIT BOX › Section 331.

331. (a) This section applies only to a safe deposit box in a financial institution held by the decedent in the decedent’s sole name, or held by the decedent and others where all are deceased. Nothing in this section affects the rights of a surviving coholder.
(b) A person who has a key to the safe deposit box may, before letters have been issued, obtain access to the safe deposit box only for the purposes specified in this section by providing the financial institution with both of the following:
(1) Proof of the decedent’s death. Proof shall be provided by a certified copy of the decedent’s death certificate or by a written statement of death from the coroner, treating physician, or hospital or institution where the decedent died.
(2) Reasonable proof of the identity of the person seeking access. Reasonable proof of identity is provided for the purpose of this paragraph if the requirements of Section 13104 are satisfied.
(c) The financial institution has no duty to inquire into the truth of any statement, declaration, certificate, affidavit, or document offered as proof of the decedent’s death or proof of identity of the person seeking access.
(d) If the person seeking access has satisfied the requirements of subdivision (b), the financial institution shall do all of the following:
(1) Keep a record of the identity of the person.
(2) Permit the person to open the safe deposit box under the supervision of an officer or employee of the financial institution, and to make an inventory of its contents.
(3) Make a photocopy of all wills and trust instruments removed from the safe deposit box, and keep the photocopy in the safe deposit box until the contents of the box are removed by the personal representative of the estate or other legally authorized person. The financial institution may charge the person given access a reasonable fee for photocopying.
(4) Permit the person given access to remove instructions for the disposition of the decedent’s remains, and, after a photocopy is made, to remove the wills and trust instruments.
(e) The person given access shall deliver all wills found in the safe deposit box to the clerk of the superior court and deliver a copy pursuant to Section 1215 to the person named in the will as executor or beneficiary as provided in Section 8200.
(f) Except as provided in subdivision (d), the person given access shall not remove any of the contents of the decedent’s safe deposit box.
(Amended by Stats. 2017, Ch. 319, Sec. 6. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Short Title and Definitions › Section 350.

350. This part may be cited as the Fiduciaries’ Wartime Substitution Law.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Short Title and Definitions › Section 351.

351. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Short Title and Definitions › Section 352.

352. “Consultant” means a person, other than a trustee, designated in a trust to advise or direct the trustee concerning the trust, or whose consent or approval is required for a purchase, sale, exchange, or other transaction by the trustee, and includes a settlor who reserves the power of a consultant.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Short Title and Definitions › Section 353.

353. “Estate” means a trust estate, a decedent’s estate, a guardianship or conservatorship estate, or other property that is the subject of a donative transfer.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Short Title and Definitions › Section 354.

354. “Interested person” means, in addition to the meaning given that term in Section 48, a person having a property right in or claim against a guardianship or conservatorship estate or other estate that may be affected by the proceeding.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Short Title and Definitions › Section 355.

355. “Original fiduciary” means a fiduciary who is replaced by a substitute fiduciary or who makes a delegation of power under this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 1 - General Provisions › ARTICLE 1 - Short Title and Definitions › Section 356.

356. A fiduciary or consultant is engaged in war service for the purpose of this part in each of the following cases:
(a)  Where the person is a member of the armed forces of the United States or like forces of any nation with which the United States is allied or associated in time of war, including all of the following:
(1) Members of the Army, Navy, Marine Corps, Air Force, and Coast Guard.
(2) Members of the Public Health Service detailed by proper authority for duty with the armed forces.
(3) Members of all other organizations or services recognized by the laws of the United States as a part of or auxiliary to the armed forces of the United States.
(b) Where the person has been accepted for and is awaiting induction into the armed forces, or is receiving training or education under government supervision preliminary to induction into any of these forces, in time of war.
(c) Where the person is engaged, outside the 50 states of the United States, in any work in connection with a governmental agency of the United States or with the American Red Cross or any other body with similar objects operating with the approval and sanction of the government of the United States or of any nation with which the United States is allied or associated in time of war.
(d) Where the person is engaged in time of war in service on any ship of United States registry.
(e) Where the person is interned or a prisoner of war in a foreign country or in the United States or any possession or dependency of the United States.
(f) Where the person is absent from the 50 states of the United States and, due to war conditions, is unable to return freely at his or her own volition.
(g) Where the person is engaged in any service in the United States or abroad arising out of or connected with a state of war that the court having jurisdiction of the estate finds prevents the person from giving proper attention to his or her duties.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 1 - General Provisions › ARTICLE 2 - Scope of Part › Section 360.

360. This part applies to all fiduciaries and consultants, whether appointed or acting before, on, or after July 1, 1989.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 1 - General Provisions › ARTICLE 2 - Scope of Part › Section 361.

361. This part does not apply to the extent an otherwise valid provision in an instrument provides a different or contrary rule or is otherwise inconsistent with this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 1 - General Provisions › ARTICLE 3 - Procedural Provisions › Section 365.

365. Proceedings under this part are in the court having jurisdiction over the estate or, if none, any court in which jurisdiction of the estate is proper.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 1 - General Provisions › ARTICLE 3 - Procedural Provisions › Section 366.

366. Notice of a hearing under this part shall be delivered pursuant to Section 1215 at least 15 days before the hearing to each fiduciary and consultant, and to the following persons:
(a) In the case of a trust, to each known beneficiary, subject to the provisions of Chapter 2 (commencing with Section 15800) of Part 3 of Division 9.
(b) In the case of a decedent’s estate, as provided in Section 1220, to both of the following:
(1) Each known heir whose interest in the estate would be affected by the proceedings.
(2) Each known devisee whose interest in the estate would be affected by the proceedings.
(c) In the case of a guardianship or conservatorship estate, as provided in Section 1460.
(d) In other cases, to any additional interested persons required by the court to receive notice.
(Amended by Stats. 2017, Ch. 319, Sec. 7. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 2 - Appointment of Substitute Fiduciary › Section 370.

370. If a fiduciary is engaged in war service, on petition of the fiduciary, a cofiduciary, or an interested person, the court may do any one or more of the following:
(a) Appoint a substitute fiduciary. If there is a qualified and acting cofiduciary, the court is not required to appoint a substitute fiduciary but may vest in the cofiduciary the powers of the original fiduciary engaged in war service.
(b) Order a suspension of the powers and duties of the original fiduciary for the period the original fiduciary is engaged in war service and until further order of the court.
(c) Order an account by the original fiduciary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 2 - Appointment of Substitute Fiduciary › Section 371.

371. A substitute fiduciary has all the powers, including discretionary powers, that the original fiduciary had, except powers that the court determines are purely personal to the original fiduciary, and is subject to the same duties as the original fiduciary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 2 - Appointment of Substitute Fiduciary › Section 372.

372. Except as otherwise ordered by the court, a substitute fiduciary shall give a bond in the manner and to the extent provided by law for the original fiduciary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 2 - Appointment of Substitute Fiduciary › Section 373.

373. After the expiration of an original fiduciary’s war service, if the estate has not been closed, the original fiduciary, on petition, is entitled to reinstatement as fiduciary. On reinstatement, the substitute fiduciary may, in the discretion of the court, be removed and may be discharged on conditions prescribed by the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 2 - Appointment of Substitute Fiduciary › Section 374.

374. A substitute fiduciary or an original fiduciary reinstated under Section 373 is not liable for the acts or omissions of the predecessor fiduciary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 3 - Delegation of Powers › ARTICLE 1 - Delegation by Fiduciary › Section 380.

380. (a) A fiduciary who is or will be engaged in war service may delegate the fiduciary’s powers, including discretionary powers, to a fiduciary who is not engaged in war service. Delegation may be made for the period during which the original fiduciary is engaged in war service and not to exceed six months following the expiration of that period.
(b) Approval of the court, on petition of the original fiduciary, the delegate, or an interested person, is required for delegation.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 3 - Delegation of Powers › ARTICLE 1 - Delegation by Fiduciary › Section 381.

381. The right of delegation does not exist to the extent the court determines that powers to be delegated are purely personal to the original fiduciary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 3 - Delegation of Powers › ARTICLE 1 - Delegation by Fiduciary › Section 382.

382. After the expiration of the original fiduciary’s war service, the court may, on petition of the original fiduciary, authorize the original fiduciary to resume the exercise of the fiduciary functions, and the delegated powers cease.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 3 - Delegation of Powers › ARTICLE 1 - Delegation by Fiduciary › Section 383.

383. The original fiduciary is not liable for the acts or omissions of the delegate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 3 - Delegation of Powers › ARTICLE 2 - Delegation by Consultant › Section 385.

385. (a) A consultant who is or will be engaged in war service may delegate the powers of the consultant, including discretionary powers, to a coconsultant who is not engaged in war service, or to the trustee administering the trust. The procedure for delegation by a fiduciary governs delegation by a consultant.
(b) The right of delegation does not exist to the extent the court determines that powers to be delegated are purely personal to the consultant. These powers are suspended until their exercise is resumed pursuant to this article.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 3 - Delegation of Powers › ARTICLE 2 - Delegation by Consultant › Section 386.

386. If a consultant who is engaged in war service does not delegate the consultant’s powers, the court, on petition of the trustee or an interested person, may do either of the following:
(a) Suspend the consultant’s powers for the period of the consultant’s war service and not to exceed six months following the expiration of that period.
(b) Confer the powers, except discretionary powers that the court determines are purely personal to the consultant, on a coconsultant designated in the trust, the trustee, or any other qualified person.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 3 - Delegation of Powers › ARTICLE 2 - Delegation by Consultant › Section 387.

387. If a consultant has delegated or the court has suspended the powers of the consultant, the court may, on petition by the consultant within six months following the expiration of the period of the consultant’s war service, authorize the consultant to resume the exercise of the consultant’s functions. All powers delegated to or conferred on other persons thereupon cease.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 11 - FIDUCIARIES' WARTIME SUBSTITUTION LAW › CHAPTER 3 - Delegation of Powers › ARTICLE 2 - Delegation by Consultant › Section 388.

388. A consultant who delegates powers under this article is not liable for the acts or omissions of the delegate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 12 - PROBATE REFEREES › CHAPTER 1 - Appointment and Revocation › Section 400.

400. (a) The Controller shall appoint at least one person in each county to act as a probate referee for the county.
(b) If there are fewer than three qualified applicants to serve in a county, the Controller may designate a probate referee from another county or make an interim appointment, to serve until the vacancy has been filled by a qualified applicant.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 12 - PROBATE REFEREES › CHAPTER 1 - Appointment and Revocation › Section 401.

401. (a) Appointment shall be from among persons passing a qualification examination. A person who passes the examination is eligible for appointment for a period of five years from the date of the examination.
(b) Appointment shall be on the basis of merit without regard to sex, race, religious creed, color, national origin, ancestry, marital status, or political affiliation.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 12 - PROBATE REFEREES › CHAPTER 1 - Appointment and Revocation › Section 402.

402. (a) The qualification examination for applicants for appointment to act as a probate referee shall be held at times and places within the state determined by the Controller.
(b) The Controller may contract with another agency to administer the qualification examination. Administration of the examination shall include:
(1) Development of standards for passage of the examination.
(2) Preparation of examination questions.
(3) Giving the examination.
(4) Scoring the examination.
(c) Each applicant shall pay a fee for taking the qualification examination. The agency administering the examination shall transmit to the Controller a list of candidates who have received a passing score in the examination. The list is a public record.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 12 - PROBATE REFEREES › CHAPTER 1 - Appointment and Revocation › Section 403.

403. (a) The term of office of a probate referee is four years, expiring June 30. A person may be appointed to complete the unexpired term of office of a probate referee whose appointment is revoked or is otherwise terminated. For a period of five years from the date of expiration of the term of office, a person who had been appointed to act as a probate referee is eligible for reappointment.
(b) If the Controller increases the number of probate referees in a county, the Controller shall stagger the terms of the new appointees so that one-quarter, or as close to one-quarter as possible, of the terms of the probate referees in that county expire on June 30 of each succeeding year.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 12 - PROBATE REFEREES › CHAPTER 1 - Appointment and Revocation › Section 404.

404. (a) The Controller shall establish and may amend standards of training, performance, and ethics of probate referees. The standards are a public record.
(b) The Controller may revoke the appointment of a person to act as a probate referee for noncompliance with any standard of training, performance, or ethics established under subdivision (a). The Controller may revoke an appointment under this subdivision without notice or a hearing, but the revocation is subject to review by writ of mandate in a court of competent jurisdiction.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 12 - PROBATE REFEREES › CHAPTER 1 - Appointment and Revocation › Section 405.

405. Notwithstanding Section 404, the Controller may, at the Controller’s pleasure, revoke the appointment of a person to act as a probate referee. Under this section, the Controller may revoke the appointment of not more than 10 percent of the probate referees in each county in any one calendar year, but may revoke the appointment of at least one probate referee in each county in any one calendar year.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 12 - PROBATE REFEREES › CHAPTER 1 - Appointment and Revocation › Section 406.

406. (a) The authority of a person to act as a probate referee ceases immediately upon expiration of the person’s term of office, revocation of the person’s appointment, or other termination pursuant to law.
(b) Upon cessation of authority of a person to act as a probate referee, the Controller shall notify the superior court of the county for which the probate referee was appointed. Upon receipt of notice, or if it otherwise comes to the attention of the court that the authority of a person to act as a probate referee has ceased, the court shall reassign any estate for which the person had been designated as probate referee to another probate referee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 12 - PROBATE REFEREES › CHAPTER 1 - Appointment and Revocation › Section 407.

407. (a) As used in this section, “prohibited political activity” means directly or indirectly soliciting, receiving, or contributing, or being in any manner involved in soliciting, receiving, or contributing, any of the following:
(1)  An assessment, subscription, or contribution to any party, incumbent, committee, or candidate exceeding two hundred dollars ($200) in any one calendar year for any partisan public office of this state.
(2) An assessment, subscription, contribution, or political service in any amount for any campaign for the office of Controller.
(b) Upon a person’s appointment and thereafter in January of each year during the person’s tenure as a probate referee, the person shall file with the Controller a verified statement indicating whether the person has engaged in prohibited political activity during the preceding two calendar years.
(c) The Controller may not appoint or reappoint as a probate referee a person who within the preceding two calendar years has engaged in prohibited political activity, and any such appointment or reappointment is void and shall be revoked. The Controller shall revoke the appointment of a person who, during the person’s tenure as a probate referee, engages in prohibited political activity. However, all acts not otherwise invalid, performed by the person before revocation of the person’s appointment, are valid.
(d) A person shall not engage in prohibited political activity during the time the person is an applicant for appointment or reappointment, or during the person’s tenure as a probate referee. A violation of this subdivision is a misdemeanor.
(e) Subdivisions (a), (c), and (d) do not apply to any prohibited political activity that occurred before July 1, 1989, and the applicable law in effect before July 1, 1989, continues to apply. Subdivision (b) applies on July 1, 1989, to persons who apply for appointment on or after July 1, 1989. A person who applied for appointment or who was appointed before July 1, 1989, shall file the first statement required by subdivision (b) on or before July 1, 1989, and thereafter as prescribed in subdivision (b).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 12 - PROBATE REFEREES › CHAPTER 1 - Appointment and Revocation › Section 408.

408. The appointment of a probate referee by the Controller before July 1, 1989, is not invalidated by the repeal of the law under which the appointment was made. Appointment of a probate referee before July 1, 1989, may be revoked under this chapter only if revocation would otherwise be proper under this chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 12 - PROBATE REFEREES › CHAPTER 2 - Powers of Probate Referee › Section 450.

450. Upon designation by the court, the probate referee has all the powers of a referee of the superior court and all other powers provided in this chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 12 - PROBATE REFEREES › CHAPTER 2 - Powers of Probate Referee › Section 451.

451. (a) For the purpose of appraisal of property in the estate, the probate referee may require, and may issue a subpoena to compel, the appearance before the referee of the personal representative, guardian, conservator, or other fiduciary, an interested person, or any other person the referee has reason to believe has knowledge of the property.
(b) A subpoena issued under subdivision (a) is subject to the provisions of Chapter 6 (commencing with Section 2020.010) of Title 4 of Part 4 of the Code of Civil Procedure governing deposition subpoenas.
(Amended by Stats. 2004, Ch. 182, Sec. 52. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 12 - PROBATE REFEREES › CHAPTER 2 - Powers of Probate Referee › Section 452.

452. (a) The probate referee may:
(1) Examine and take the testimony under oath of a person appearing before the referee.
(2) Require, and issue a subpoena to compel, the person to produce any document in the person’s possession or control, concerning the value of any property in the estate.
(b) A subpoena issued under subdivision (a) is subject to the provisions of Chapter 6 (commencing with Section 2020.010) of Title 4 of Part 4 of the Code of Civil Procedure governing deposition subpoenas.
(Amended by Stats. 2004, Ch. 182, Sec. 53. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 12 - PROBATE REFEREES › CHAPTER 2 - Powers of Probate Referee › Section 453.

453. (a) On petition of a person required to appear before the probate referee pursuant to this chapter, the court may make a protective order to protect the person from annoyance, embarrassment, or oppression. The petitioner shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee and to the personal representative, guardian, conservator, or other fiduciary at least 15 days before the date set for the hearing. Any subpoena issued by the probate referee is stayed during the pendency of the petition.
(b) On petition of the probate referee, the court may make an order to show cause why a person who is required, but fails, to appear before the probate referee pursuant to this chapter, should not be compelled to do so. The probate referee shall deliver pursuant to Section 1215 notice of the hearing on the petition to the person at least 15 days before the date set for the hearing.
(Amended by Stats. 2017, Ch. 319, Sec. 8. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 13 - LITIGATION INVOLVING DECEDENT › CHAPTER 1 - Liability of Decedent Covered byInsurance › Section 550.

550. (a) Subject to the provisions of this chapter, an action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued against the decedent’s estate without the need to join as a party the decedent’s personal representative or successor in interest.
(b) The remedy provided in this chapter is cumulative and may be pursued concurrently with other remedies.
(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 551.

551. Notwithstanding Section 366.2 of the Code of Civil Procedure, if the limitations period otherwise applicable to the action has not expired at the time of the decedent’s death, an action under this chapter may be commenced within one year after the expiration of the limitations period otherwise applicable.
(Amended by Stats. 1992, Ch. 178, Sec. 30. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 2 - GENERAL PROVISIONS › PART 13 - LITIGATION INVOLVING DECEDENT › CHAPTER 1 - Liability of Decedent Covered byInsurance › Section 552.

552. (a) An action under this chapter shall name as the defendant, “Estate of (name of decedent), Deceased.” Summons shall be served on a person designated in writing by the insurer or, if none, on the insurer. Further proceedings shall be in the name of the estate, but otherwise shall be conducted in the same manner as if the action were against the personal representative.
(b) On motion of an interested person, or on its own motion, the court in which the action is pending may, for good cause, order the appointment and substitution of a personal representative as the defendant.
(c) An action against the estate of the decedent under this chapter may be consolidated with an action against the personal representative.
(Enacted by Stats. 1990, Ch. 79.)