Prob. Code, § 1461 · Chapter 3. Notices
Prob. Code, § 1461
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) As used in this section, “director” means:
(1) The Director of State Hospitals when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of State Hospitals.
(2) The Director of Developmental Services when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of Developmental Services.
(b) Notice of the time and place of hearing on the petition, report, or account, and a copy of the petition, report, or account, shall be delivered pursuant to Section 1215 to the director at the director’s office in Sacramento or to the electronic address designated by the director for receipt of notice pursuant to this code, at least 15 days before the hearing if both of the following conditions exist:
(1) The ward or conservatee is or has been during the guardianship or conservatorship proceeding a patient in, or on leave from, a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services.
(2) The petition, report, or account is filed under any one or more of the following provisions: Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2580, 2592, or 2620; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6. Notice under this section is not required in the case of an account pursuant to Section 2620 if the total guardianship or conservatorship assets are less than one thousand five hundred dollars ($1,500) and the gross annual income, exclusive of any public assistance income, is less than six thousand dollars ($6,000), and the ward or conservatee is not a patient in, or on leave or on outpatient status from, a state hospital at the time of the filing of the petition.
(c) If the ward or conservatee has been discharged from the state hospital, the director, upon ascertaining the facts, may file with the court a certificate stating that the ward or conservatee is not indebted to the state and waive the giving of further notices under this section. Upon the filing of the certificate of the director, compliance with this section thereafter is not required unless the certificate is revoked by the director and notice of the revocation is filed with the court.
(d) The statute of limitations does not run against any claim of the State Department of State Hospitals or the State Department of Developmental Services against the estate of the ward or conservatee for board, care, maintenance, or transportation with respect to an account that is settled without giving the notice required by this section.
Notes and commentary — not statutory text
History
Amended by Stats. 2017, Ch. 319, Sec. 27. (AB 976) Effective January 1, 2018.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1461.
- Text hash
- sha256 a133eda597ade262a45415e8d8de5b932326b751f4a5fbc9b89a18fc6eb72653
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Probate Code
- Prob. Code, § 1215Printed as Section 1215
- Prob. Code, § 1510Printed as Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423
- Prob. Code, § 1820Printed as Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423
- Prob. Code, § 1861Printed as Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423
- Prob. Code, § 2212Printed as Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423
- Prob. Code, § 2403Printed as Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423
- Prob. Code, § 2421Printed as Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423
- Prob. Code, § 2422Printed as Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423
- Prob. Code, § 2423Printed as Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423
- Prob. Code, div. 4, pt. 4, ch. 6, art. 7SalesPrinted as Article 7 (commencing with Section 2540) of Chapter 6 of Part 4
- Prob. Code, § 2580Printed as Section 2580, 2592, or 2620
- Prob. Code, § 2592Printed as Section 2580, 2592, or 2620
- Prob. Code, § 2620Printed as Section 2580, 2592, or 2620 | Section 2620
- Prob. Code, div. 4, pt. 4, ch. 9.5Appointment of Successor Guardian or ConservatorPrinted as Chapter 9.5 (commencing with Section 2670) of Part 4
- Prob. Code, § 3080Printed as Section 3080 or 3088
- Prob. Code, § 3088Printed as Section 3080 or 3088
- Prob. Code, div. 4, pt. 6, ch. 3Proceeding for Particular TransactionPrinted as Chapter 3 (commencing with Section 3100) of Part 6
Cited by 7 provisions
Provisions in this library whose text cites Prob. Code, § 1461. Each shows the citation as that text prints it.
Probate Code
- Prob. Code, § 1511Printed as Section 1461 or 1542
- Prob. Code, § 1822Printed as Section 1461
- Prob. Code, § 2611Printed as Section 1461
- Prob. Code, § 2621Printed as Section 1461
- Prob. Code, § 2683Printed as Section 1461
- Prob. Code, § 3140Printed as Section 1461
- Prob. Code, § 3704Printed as Section 1461 or 1822
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.