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Сверено с законами Калифорнии 2026-10-06. Общая информация, не юридическая консультация; официальный текст имеет приоритет.
§15000: General provisions
- §15000 ↗ The Trust Law
- Division 9 of the Probate Code is known, and may be cited, as the Trust Law.
§§15200–15414: Creation, validity, modification, and termination of trusts
- §15200 ↗ Methods of creating a trust
- A trust may be created by an owner's declaration that the owner holds property as trustee, a transfer to a trustee during life or at death, an exercise of a power of appointment, or an enforceable promise.
- §15206 ↗ Trusts of real property
- A trust of real property is valid only if evidenced by a writing signed by the trustee or the settlor (or an authorized agent), by a conveyance, or by operation of law.
- §15300 ↗ Restraint on transfer of income
- A provision restraining the transfer of a beneficiary's interest in income is given effect, so the interest may not be transferred or reached to satisfy a money judgment, except as §§15304–15307 provide.
- §15301 ↗ Restraint on transfer of principal
- A restraint on the transfer of a beneficiary's interest in principal is given effect, with the section's exceptions; once principal is due and payable, the restraint does not protect it.
- §15303 ↗ Discretionary trusts
- Where the trustee pays a beneficiary as much as the trustee in its discretion sees fit, a transferee or creditor of the beneficiary may not compel the trustee to pay any amount.
- §15304 ↗ A settlor who is also a beneficiary
- A restraint on transfer is invalid against the transferees or creditors of a settlor who is also a beneficiary of the trust the settlor created.
- §15305 ↗ Support judgments
- Despite a restraint on transfer, a court may order the trustee to satisfy a judgment for the support of the beneficiary's spouse, former spouse or minor child from payments the section describes; restitution (§15305.5) and public support (§15306) follow.
- §15307 ↗ Amounts beyond support needs
- A beneficiary's creditors may reach amounts payable to the beneficiary that exceed what the beneficiary's education and support require, despite a restraint on transfer.
- §15400 ↗ Presumption of revocability
- A trust is revocable by the settlor unless the instrument expressly makes it irrevocable, for trusts with the California connection the section describes. Руководство: Отзывный прижизненный траст в Калифорнии
- §15403 ↗ Modification or termination by all beneficiaries' consent
- If all beneficiaries of an irrevocable trust consent, they may petition the court to modify or terminate it, unless continuing it is necessary to carry out a material purpose the court weighs as the section provides.
- §15408 ↗ Trust uneconomic to administer
- A court may modify or terminate a trust whose principal has become too small for its cost of administration; where the principal's fair market value does not exceed $100,000, the trustee has the power to terminate the trust. Руководство: Прекращение траста в Калифорнии: завершающие шаги попечителя
- §15409 ↗ Circumstances the settlor did not anticipate
- On a trustee's or beneficiary's petition, a court may modify or terminate a trust when circumstances the settlor did not know of or anticipate would defeat or substantially impair its purposes.
- §15410 ↗ Disposition of property on termination
- When a trust ends, its property is disposed of in the order of priority the section sets — for a trust the settlor revokes, first as the settlor directs. Руководство: Прекращение траста в Калифорнии: завершающие шаги попечителя
§§15600–15688: Trustees: acceptance, cotrustees, resignation, removal, compensation
- §15600 ↗ Acceptance of the trust
- A named trustee accepts by signing the instrument or a separate written acceptance, or by knowingly exercising powers or performing duties; a named trustee may act to preserve property at immediate risk without accepting, if a written rejection follows within a reasonable time. Руководство: Управляющий-преемник в Калифорнии: принятие роли
- §15601 ↗ Rejection of the trust
- A named trustee may reject the trust in writing; not accepting within a reasonable time after learning of the nomination is a rejection, and a person who rejects is not liable for the trust.
- §15620 ↗ Cotrustees act unanimously
- Unless the instrument provides otherwise, a power held by two or more trustees may be exercised only by their unanimous action.
- §15640 ↗ Resignation of a trustee
- A trustee who has accepted may resign as the instrument provides, with the consent of the holder of a power to revoke, with the consent of the adult beneficiaries the section names, or with the court's approval.
- §15641 ↗ Liability after resignation
- Resigning does not release the trustee, or a surety, from liability for acts or omissions before the resignation.
- §15642 ↗ Removal of a trustee
- A trustee may be removed as the instrument provides, or by the court on its own motion or a petition, on the grounds the section lists — among them a breach of trust and unfitness to administer.
- §15680 ↗ Compensation the instrument provides
- A trustee is entitled to the compensation the instrument provides; a court may fix greater or lesser compensation, prospectively, on the showings the section describes.
- §15681 ↗ Reasonable compensation
- Where the instrument does not specify the trustee's compensation, the trustee is entitled to reasonable compensation under the circumstances. Руководство: Вознаграждение управляющего в Калифорнии (§15681)
- §15684 ↗ Repayment of expenditures
- A trustee is repaid from the trust for expenditures properly incurred in administering it, and for others to the extent they benefited the trust.
- §15687 ↗ A trustee who is an attorney
- A trustee who is an attorney takes either the trustee's compensation or compensation for legal services, not both, unless dual compensation is approved by court order or by the advance written notice the section describes.
§§15800–15804: Revocable trusts and representation
- §15800 ↗ While the trust is revocable
- While a holder of the power to revoke is competent, the trustee's duties are owed to that person; when no holder is competent, the trustee gives notice and a copy of the terms to the beneficiaries the section names within 60 days. Руководство: Отзывный прижизненный траст в Калифорнии
- §15804 ↗ Representation for notice and consent
- Notice to, and the consent of, a person who may represent another — a fiduciary, a parent, an agent or a holder of a substantially identical interest — stands for the represented person's, as the section provides (from January 1, 2026).
§16000 and following: Trust administration: the trustee's duties
- §16000 ↗ Duty to administer the trust
- On accepting, the trustee administers the trust according to the instrument and, except as the instrument provides otherwise, according to the Trust Law. Руководство: Обязанности управляющего-преемника в Калифорнии после смерти
- §16002 ↗ Duty of loyalty
- The trustee administers the trust solely in the interest of the beneficiaries, with the section's stated exception.
- §16003 ↗ Duty of impartiality
- With two or more beneficiaries, the trustee deals impartially with them and invests and manages taking their differing interests into account.
- §16004 ↗ Self-dealing and conflicts
- A trustee may not use or deal with trust property for its own profit or for a purpose unconnected with the trust, or take part in a transaction adverse to a beneficiary; a transaction that gives the trustee an advantage from a beneficiary is presumed a breach.
- §16004.5 ↗ No release as a condition of a distribution
- A trustee may not require a beneficiary to release the trustee from liability as a condition of making a distribution the instrument requires.
- §16006 ↗ Control and preservation of trust property
- The trustee takes reasonable steps under the circumstances to take and keep control of and to preserve the trust property.
- §16009 ↗ Keeping trust property separate
- The trustee keeps trust property separate from other property and sees that it is designated as property of the trust.
- §16012 ↗ Duty not to delegate
- A trustee may not delegate acts it can reasonably be required to perform personally, or transfer the office or the whole administration, subject to the cotrustee rules and the prudent investor rule.
- §16040 ↗ Standard of care
- The trustee administers the trust with the reasonable care, skill and caution a prudent person acting in a like capacity would use.
- §16060 ↗ Duty to keep beneficiaries informed
- The trustee keeps the beneficiaries reasonably informed of the trust and its administration. Руководство: Обязанности управляющего-преемника в Калифорнии после смерти
- §16060.7 ↗ The terms on request
- On a beneficiary's request, the trustee provides the terms of the trust, except where §16069 relieves the trustee of that duty.
- §16061 ↗ Requested information
- On a beneficiary's reasonable request, the trustee provides information about the administration relevant to that beneficiary's interest, except where §16069 applies.
- §16061.5 ↗ A copy of the terms of an irrevocable trust
- The trustee provides a true and complete copy of the terms of an irrevocable trust to a beneficiary who asks and, when a death made the trust irrevocable, to an heir of the deceased settlor who asks.
- §16061.7 ↗ Notification by trustee
- When a settlor's death makes a trust irrevocable, or the trustee of an irrevocable trust changes, the trustee serves a notification on each beneficiary — and for a death, each heir — within 60 days, with the contents subdivision (g) lists and, for a death, the warning subdivision (h) sets out in boldface; a settlor's waiver is void. Руководство: Правопреемник-попечитель после смерти в Калифорнии: первые шаги
- §16061.8 ↗ Time to contest after the notification
- A person served with the notification after a settlor's death may not bring an action to contest the trust more than 120 days after service, or 60 days after a copy of the terms is delivered during that period, whichever is later.
- §16062 ↗ Duty to account
- The trustee accounts at least annually, at termination and on a change of trustee, to each beneficiary to whom income or principal is required or authorized to be currently distributed, with the section's and §16064's exceptions. Руководство: Требования к отчётности траста в Калифорнии
- §16063 ↗ Contents of an account
- An account shows receipts and disbursements of principal and income, assets and liabilities, the trustee's compensation, the agents hired and their compensation, the right to petition the court to review the account, and the three-year limit on claims for breach of trust. Руководство: Требования к отчётности траста в Калифорнии
- §16064 ↗ Exceptions to the duty to account
- No account is owed to the extent the instrument validly waives it, to a beneficiary who waived it in writing, or as §16069 provides; a court may still compel one on a showing that a material breach is reasonably likely.
- §16068 ↗ Void waivers of the information rights
- A settlor's waiver of the duties to provide the terms and requested information (§§16060.7, 16061, 16061.5) is void as against public policy.
- §16069 ↗ When no account, terms or information is owed
- No account, terms or requested information is owed to a beneficiary of a revocable trust while it may be revoked, or where the beneficiary and the trustee are the same person; when no holder of the power to revoke is competent, the account goes to the beneficiaries §15800 names.
- §16080 ↗ Discretion exercised reasonably
- Except as §16081 provides, a discretionary power conferred on a trustee is not left to its arbitrary discretion and is exercised reasonably.
- §16081 ↗ Absolute, sole or uncontrolled discretion
- Even with absolute, sole or uncontrolled discretion, a trustee acts in accordance with fiduciary principles, not in bad faith or in disregard of the trust's purposes; a trustee-beneficiary's discretionary distributions to themselves are limited as the section states.
§§16045–16054: The Uniform Prudent Investor Act
- §16045 ↗ The prudent investor rule
- This article, with the duties of loyalty and impartiality, is the prudent investor rule, citable as the Uniform Prudent Investor Act.
- §16047 ↗ Prudent investment
- A trustee invests and manages trust assets as a prudent investor would, considering the trust's purposes, terms and distribution requirements; each decision is judged in the context of the whole portfolio. Руководство: Полномочия управляющего в Калифорнии (§16200)
- §16049 ↗ Review of the assets after acceptance
- Within a reasonable time after accepting the trusteeship or receiving trust assets, the trustee reviews them and decides what to keep and what to dispose of, to bring the portfolio into line with the trust.
- §16052 ↗ Delegation of investment functions
- A trustee may delegate investment and management functions as prudent, with prudence in selecting the agent, setting the scope and reviewing the agent's performance.
§§16200–16249: Powers of trustees
- §16200 ↗ General powers
- Without court authorization, a trustee has the powers the instrument confers, the powers statutes confer unless the instrument limits them, and the power to do any act a prudent person would do for the trust's purposes. Руководство: Полномочия управляющего в Калифорнии (§16200)
- §16247 ↗ Hiring advisers and agents
- The trustee may hire accountants, attorneys, appraisers, investment advisers and other agents to advise or assist in performing its duties.
- §16249 ↗ Prosecuting or defending actions
- The trustee may prosecute or defend actions, claims or proceedings to protect the trust property and itself in performing its duties.
§§16320–16383: Principal and income
- §16320 ↗ The Uniform Fiduciary Income and Principal Act
- Receipts and disbursements are allocated between income and principal under the Uniform Fiduciary Income and Principal Act (from January 1, 2024).
§§16400–16465: Liability and remedies
- §16400 ↗ Breach of trust
- A breach of trust is a violation by the trustee of any duty the trustee owes the beneficiary.
- §16420 ↗ Remedies for breach
- When a trustee commits or threatens a breach, a beneficiary or cotrustee may seek to compel performance, enjoin the breach, compel redress, appoint a receiver, remove the trustee or the other relief the section lists.
- §16460 ↗ Limitation on claims
- A claim for breach of trust is barred three years after the beneficiary receives an account or written report that adequately discloses it; otherwise three years after the beneficiary discovered, or reasonably should have discovered, it.
- §16461 ↗ Exculpation and objection procedures
- An instrument may relieve a trustee of liability except for the intentional, grossly negligent, bad-faith or reckless breaches the section names; an instrument's objection procedure for accounts holds only with a period of at least 180 days and the boldface notice the section sets out.
§§16500–16504: Notice of proposed action
- §16500 ↗ Notice of proposed action
- A trustee may give the beneficiaries notice of a proposed action on a matter within its powers or the income and principal rules, as the chapter provides.
- §16502 ↗ Contents of the notice
- The notice states the trustee's name and addresses, a contact person, the proposed action and its reasons, an objection period of at least 45 days from delivery or receipt, and the date on or after which the action may be taken.
§§16600–16632: The California Uniform Directed Trust Act
- §16600 ↗ The directed trust act
- The chapter governs directed trusts — arrangements in which the terms grant a person other than the trustee a power over some aspect of administration (from January 1, 2024).
- §16606 ↗ What the act does not cover
- The act does not cover, among other things, a power of appointment, the power to appoint or remove a trustee or trust director, or a settlor's power over a revocable trust.
- §16608 ↗ Powers of direction
- The terms of a trust may grant a trust director a power of direction and further powers appropriate to it; directors with joint powers act by majority unless the terms provide otherwise.
- §16612 ↗ A trust director's duties
- Exercising or not exercising a power of direction, a trust director has the same fiduciary duty and liability as a sole trustee in a like position, with the variations the section allows.
- §16614 ↗ Duty of a directed trustee
- A directed trustee takes reasonable action to comply with a trust director's exercise of a power of direction and is not liable for that action, but may not comply where compliance would be willful misconduct.
- §16616 ↗ Information between trustee and director
- A trustee and a trust director give each other the information reasonably related to both their powers or duties, subject to §16618.
- §16618 ↗ No duty to monitor
- Unless the terms say otherwise, a trustee has no duty to monitor a trust director or to advise anyone where the trustee might have acted differently, and likewise for a trust director.
- §16628 ↗ Trustee rules applied to a director
- The rules for trustees on acceptance, bond, compensation, resignation, removal and vacancy apply to a trust director, unless the terms provide otherwise.
§17000 and following: Judicial proceedings concerning trusts
- §17000 ↗ Jurisdiction
- The superior court has exclusive jurisdiction of proceedings concerning the internal affairs of trusts, and concurrent jurisdiction of the other actions the section lists.
- §17002 ↗ Principal place of administration
- A trust's principal place of administration is the usual place where the trustee primarily responsible for administering it carries on its day-to-day activity, with rules for cotrustees.
- §17005 ↗ Venue
- A proceeding on a living trust is brought in the county of the principal place of administration; for a testamentary trust, there or where the decedent's estate is administered.
- §17200 ↗ Petitions about a trust's internal affairs
- A trustee or beneficiary may petition the court concerning a trust's internal affairs — among the listed proceedings, to compel the trustee to provide the terms, provide requested information or account, and to settle accounts.
§18000 and following: Third persons and the certification of trust
- §18000 ↗ Contracts in the trustee's capacity
- A trustee is not personally liable on a contract properly entered into in its fiduciary capacity unless it fails to reveal that capacity and identify the trust, or the contract provides otherwise.
- §18100.5 ↗ Certification of trust
- A trustee may present a certification of trust instead of the instrument: an acknowledged declaration signed by all currently acting trustees, confirming the facts the section lists; a person who relies on it without knowing it is wrong is protected. Руководство: После подписания вашего траста в Калифорнии: что дальше
- §18200 ↗ The settlor's creditors during life
- During the settlor's lifetime, property of a trust the settlor can revoke is subject to the claims of the settlor's creditors, to the extent of the power of revocation.
§§19000–19403: Claims against a deceased settlor's revocable trust
- §19001 ↗ Trust property and the settlor's debts
- Property that was subject to the settlor's power of revocation at death answers for the claims of the probate estate's creditors and its expenses, to the extent the probate estate cannot pay them.
- §19003 ↗ The optional creditor procedure
- Where no probate is pending of which the trustee knows, the trustee may file a proposed notice to creditors with the court and begin the trust's own claims procedure.
- §19040 ↗ Publishing the notice to creditors
- The trust's notice to creditors is published for at least 15 days, three times in a newspaper as the section describes.
- §19100 ↗ Time for a creditor's claim
- A creditor files a claim against the trust before the later of four months after the first publication or 60 days after actual notice is mailed or personally delivered.
- §19202 ↗ Notice of a Medi-Cal recipient's death
- A trustee who knows or has reason to believe the deceased settlor, or the settlor's late spouse, received Medi-Cal gives notice of the death as §215 provides; the Department then has four months to file a claim.
§§19501–19530: The Uniform Trust Decanting Act
- §19502 ↗ Definitions
- The act's terms, among them an authorized fiduciary, an ascertainable standard, and the first and second trusts.
- §19507 ↗ Notice before decanting
- An authorized fiduciary gives notice at least 60 days before exercising the decanting power, to the persons and with the contents the section lists.
- §19511 ↗ Expanded distributive discretion
- An authorized fiduciary with expanded distributive discretion may distribute principal to a second trust, within the section's limits for current beneficiaries' rights.
- §19512 ↗ Limited distributive discretion
- With discretion limited to an ascertainable or reasonably definite standard, decanting is only to a second trust that gives each beneficiary substantially similar interests.
Общая информация о законодательстве Калифорнии, не юридическая консультация.