Nonprobate Transfer to Trustee Named in Decedent’s Will
Cal. PROB § 6325
California Statutes
(
a) The court in which the proceedings are pending for administration of the estate of the decedent has jurisdiction, before or after payment or transfer of benefits and rights or their proceeds to the trustee, to:
(1) Determine the validity of the trust.
(2) Determine the terms of the trust.
(3) Fill vacancies in the office of trustee.
(4) Require a bond of a trustee in its discretion and in such amount as the court may determine for the faithful performance of duties as trustee, subject to the provisions of
Article 3 (commencing with
Section 1570) of
Chapter of Division 1.1 of the Financial Code and
Section of this code.
(5) Grant additional powers to the trustee, as provided in
Section 16201.
(6) Instruct the trustee.
(7) Fix or allow payment of compensation of a trustee as provided in Sections to 15683, inclusive.
(8) Hear and determine adverse claims to the trust property by the personal representative, surviving spouse, or other third person.
(9) Determine the identity of the trustee and the trustee’s acceptance or rejection of the office and, upon request, furnish evidence of trusteeship to a trustee.
(10) Order postponement of the payment or transfer of the benefits and rights or their proceeds.
(11) Authorize or direct removal of the trust or trust property to another jurisdiction pursuant to the procedure provided in
Chapter 5 (commencing with
Section 17400) of Part of Division 9.
(12) Make any order incident to the foregoing or to the accomplishment of the purposes of this chapter. (
b) The personal representative of the designator’s estate, any trustee named in the will or designation or successor to such trustee, or any person interested in the estate or trust may petition the court for an order under this section. Notice of hearing of the petition shall be given in the manner provided in