Termination by Attorney
Cal. PROB § 732
California Statutes
(
a) An attorney may terminate a deposit under this
section if the attorney has delivered notice pursuant to
Section to reclaim the document to the depositor’s last known address and the depositor has failed to reclaim the document within days after delivery. (
b) Subject to subdivision (f), an attorney may terminate a deposit under this
section by transferring the document to another attorney. All documents transferred under this subdivision shall be transferred to the same attorney. (
c) Subject to subdivision (f), if an attorney is deceased, lacks legal capacity, or is no longer an active member of the State Bar, a deposit may be terminated under this
section by transferring the document to the clerk of the superior court of the county of the depositor’s last known domicile. The attorney shall advise the clerk that the document is being transferred pursuant to this section. (
d) An attorney may not accept a fee or compensation from a transferee for transferring a document under this section. An attorney may charge a fee for receiving a document under this section. (
e) Transfer of a document by an attorney under this
section is not a waiver or breach of any privilege or confidentiality associated with the document, and is not a violation of the rules of professional conduct. If the document is privileged under
Article 3 (commencing with
Section 950) of
Chapter of Division of the Evidence Code, the document remains privileged after the transfer. (
f) If the document is a will and the attorney has actual notice that the depositor has died, the attorney may terminate a deposit only as provided in