California Statutes Referenced in Case Opinions

This page contains all California statutes referenced in the probate case opinions on this site, organized by code section and linked to the official California Legislative Information website.

Probate Code

• Probate Code § 62 - Trust definitions
  Clark v. Smith (2025-08-14, published) [defining “property” as anything subject to ownership]

• Probate Code § 259 - Deemed predeceased for elder abuse
  Garcia v. Garcia (2025-08-13, published) [abuser deemed to have predeceased decedent as disinheritance remedy]

• Probate Code § 686.020 - Authority of personal representative
  Barrow v. Holmes (2025-08-13, published) [after death, judgment enforcement governed by Probate Code] Sweetwyne P. Barrow v. Rhonda Holmes (2025-08-13, unpublished) [statutory provision applied]

• Probate Code § 859 - Double damages for elder financial abuse
  Garcia v. Garcia (2025-08-13, published) [authorizing double damages remedy for elder financial abuse]

• Probate Code § 1003 - Guardian ad litem
  Conservatorship of the Estate of You Wei Dong (2025-08-15, unpublished) [appointment of guardians ad litem in conservatorship proceedings]

• Probate Code § 1043 - statutory provision applied
  Conservatorship of the Person and Estate of Martha A. (2025-08-22, unpublished) [statutory provision applied]

• Probate Code § 1300 - statutory provision applied
  Case No. B335353 (2025-08-25, unpublished) [statutory provision applied]

• Probate Code § 1820 - Conservatorship petitions
  Conservatorship of the Estate of You Wei Dong (2025-08-15, unpublished) [conservator eligibility restrictions when serving as creditor]

• Probate Code § 2400 - Authority of conservator
  Conservatorship of the Estate of You Wei Dong (2025-08-15, unpublished) [defining “guardian” as guardian of the estate]

• Probate Code § 2401 - Additional powers
  Conservatorship of the Estate of You Wei Dong (2025-08-15, unpublished) [conservator has management and control of estate]

• Probate Code § 2456 - Court approval requirements
  Conservatorship of the Estate of You Wei Dong (2025-08-15, unpublished) [court authorization for depositing money in blocked accounts]

• Probate Code § 2622 - similarly for accountings
  Conservatorship of the Person and Estate of Martha A. (2025-08-22, unpublished) [similarly for accountings]

• Probate Code § 2640 - statutory provision applied
  Conservatorship of the Person and Estate of Martha A. (2025-08-22, unpublished) [statutory provision applied]

• Probate Code § 2643 - Conservator compensation
  Conservatorship of the Person and Estate of R.J. (2025-08-13, unpublished) [court authorization of periodic payments for conservator services]

• Probate Code § 2643.1 - Periodic payments
  Conservatorship of the Person and Estate of R.J. (2025-08-13, unpublished) [periodic compensation payments to conservators]

• Probate Code § 2942 - Attorney fees
  Conservatorship of the Person and Estate of R.J. (2025-08-13, unpublished) [court determines just and reasonable compensation for public guardian]

• Probate Code § 3600 - Payment of expenses
  Conservatorship of the Estate of You Wei Dong (2025-08-15, unpublished) [applies when court approves compromise for person with disability]

• Probate Code § 3601 - Priority of payment
  Conservatorship of the Estate of You Wei Dong (2025-08-15, unpublished) [authorizes reimbursement of reasonable GAL expenses]

• Probate Code § 3602 - Court approval of expenses
  Conservatorship of the Estate of You Wei Dong (2025-08-15, unpublished) [specifies how settlement funds paid when conservatorship exists]

• Probate Code § 8120 - Time for filing creditor claims
  Barrow v. Holmes (2025-08-13, published) [time limits for filing creditor claims in probate]

• Probate Code § 9000 - statutory provision applied
  Sweetwyne P. Barrow v. Rhonda Holmes (2025-08-13, unpublished) [statutory provision applied]

• Probate Code § 9050 - Notice to creditors
  Barrow v. Holmes (2025-08-13, published) [personal representative must notify known or ascertainable creditors]

• Probate Code § 9300 - Actions by creditors
  Barrow v. Holmes (2025-08-13, published) [money judgments payable in probate, not under enforcement law]

• Probate Code § 9391 - Enforcement of liens
  Barrow v. Holmes (2025-08-13, published) [lien holder may enforce without filing claim if waiving other recourse]

• Probate Code § 15301 - statutory provision applied
  Case No. A170497 (2025-08-27, unpublished) [statutory provision applied]

• Probate Code § 15306.5 - statutory provision applied
  Case No. A170497 (2025-08-27, unpublished) [statutory provision applied]

• Probate Code § 16007 - Powers of trustee
  Clark v. Smith (2025-08-14, published) [trustee duty to make trust property productive]

• Probate Code § 16200 - General trustee powers
  Clark v. Smith (2025-08-14, published) [trustee powers exercisable without court authorization]

• Probate Code § 16249 - Power to prosecute or defend actions
  Clark v. Smith (2025-08-14, published) [trustee power to prosecute actions for trust property protection]

• Probate Code § 21122 - Presumption concerning transfers
  Garcia v. Garcia (2025-08-13, published) [technical terms in testamentary instruments given technical meaning]

Code of Civil Procedure

• Code of Civil Procedure § 372 - Guardian ad litem appointment
  Conservatorship of the Estate of You Wei Dong (2025-08-15, unpublished) [GAL authority to compromise claims with payments per Probate Code]

• Code of Civil Procedure § 377.11 - Survival of causes of action
  Barrow v. Holmes (2025-08-13, published) [succession in interest procedures for deceased parties]

• Code of Civil Procedure § 473 - statutory provision applied
  Case No. B335353 (2025-08-25, unpublished) [statutory provision applied]

• Code of Civil Procedure § 631.8 - Waiver of jury trial
  Clark v. Smith (2025-08-14, published) [motion for judgment procedures in court trials]

• Code of Civil Procedure § 916 - statutory provision applied
  Case No. B335353 (2025-08-25, unpublished) [statutory provision applied]

  Evidence Code

• Evidence Code § 452 - Judicial notice
  Conservatorship of the Estate of You Wei Dong (2025-08-15, unpublished) [judicial notice of court records and specified matters]

Welfare and Institutions Code

• Welfare and Institutions Code § 5000 - Lanterman-Petris-Short Act
  Conservatorship of the Person and Estate of R.J. (2025-08-13, unpublished) [reference to LPS Act conservatorship provisions]

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All statute links connect to the official California Legislative Information website. Please note that statutes may be amended, and you should verify the current version for legal purposes.