General Provisions

Cal. PROB § 3602

California Statutes

(

a) If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under

Section 3601, shall be paid, delivered, deposited, or invested as provided in

Article 2 (commencing with

Section 3610). (

b) Except as provided in subdivisions (

c) and (d), if there is a guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under

Section 3601, shall be paid or delivered to the guardian or conservator of the estate. Upon application of the guardian or conservator, the court making the order or giving the judgment referred to in

Section or the court in which the guardianship or conservatorship proceeding is pending may, with or without notice, make an order that all or part of the money paid or to be paid to the guardian or conservator under this subdivision be deposited or invested as provided in

Section 2456. (

c) Upon ex parte petition of the guardian or conservator or upon petition of any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in

Section may for good cause shown order one or more of the following:

(1) That all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court.

(2) If there is a guardianship of the estate of the minor, that all or part of the remaining balance of money and other property not become a part of the guardianship estate and instead be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act,

Part 9 (commencing with

Section 3900).

(3) That all or part of the remaining balance of money and other property not become a part of the guardianship estate and, instead, be transferred to the trustee of a trust which is either created by, or approved of, in the order or judgment described in

Section 3600. This trust shall be revocable by the minor upon attaining years of age, and shall contain other terms and conditions, including, but not limited to, terms and conditions concerning trustee’s accounts and trustee’s bond, as the court determines to be necessary to protect the minor’s interests. (

d) Upon petition of the guardian, conservator, or any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in

Section may order that all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be paid to a special needs trust established under

Section for the benefit of the minor or person with a disability. (

e) If the petition is by a person other than the guardian or conservator, notice of hearing on a petition under subdivision (

c) shall be given for the period and in the manner provided in

Chapter 3 (commencing with

Section 1460) of

Part 1. (

f) Notice of the time and place of hearing on a petition under subdivision (d), and a copy of the petition, shall be delivered pursuant to

Section to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least days before the hearing.

Document details

CollectionCalifornia Statutes
CitationCal. PROB § 3602
Date2018-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPROB3602.201731959

General Provisions

Cal. PROB § 3602

California Statutes

General Provisions

Cal. PROB § 3602

California Statutes

(

a) If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under

Section 3601, shall be paid, delivered, deposited, or invested as provided in

Article 2 (commencing with

Section 3610). (

b) Except as provided in subdivisions (

c) and (d), if there is a guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under

Section 3601, shall be paid or delivered to the guardian or conservator of the estate. Upon application of the guardian or conservator, the court making the order or giving the judgment referred to in

Section or the court in which the guardianship or conservatorship proceeding is pending may, with or without notice, make an order that all or part of the money paid or to be paid to the guardian or conservator under this subdivision be deposited or invested as provided in

Section 2456. (

c) Upon ex parte petition of the guardian or conservator or upon petition of any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in

Section may for good cause shown order one or more of the following:

(1) That all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court.

(2) If there is a guardianship of the estate of the minor, that all or part of the remaining balance of money and other property not become a part of the guardianship estate and instead be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act,

Part 9 (commencing with

Section 3900).

(3) That all or part of the remaining balance of money and other property not become a part of the guardianship estate and, instead, be transferred to the trustee of a trust which is either created by, or approved of, in the order or judgment described in

Section 3600. This trust shall be revocable by the minor upon attaining years of age, and shall contain other terms and conditions, including, but not limited to, terms and conditions concerning trustee’s accounts and trustee’s bond, as the court determines to be necessary to protect the minor’s interests. (

d) Upon petition of the guardian, conservator, or any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in

Section may order that all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be paid to a special needs trust established under

Section for the benefit of the minor or person with a disability. (

e) If the petition is by a person other than the guardian or conservator, notice of hearing on a petition under subdivision (

c) shall be given for the period and in the manner provided in

Chapter 3 (commencing with

Section 1460) of

Part 1. (

f) Notice of the time and place of hearing on a petition under subdivision (d), and a copy of the petition, shall be delivered pursuant to

Section to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least days before the hearing.

Document details

CollectionCalifornia Statutes
CitationCal. PROB § 3602
Date2018-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPROB3602.201731959
General Provisions | CaseLite