Prob. Code, § 15602 · Article 1. General Provisions
Prob. Code, § 15602
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A trustee is not required to give a bond to secure performance of the trustee’s duties, unless any of the following circumstances occurs:
(1) A bond is required by the trust instrument.
(2) Notwithstanding a waiver of a bond in the trust instrument, a bond is found by the court to be necessary to protect the interests of beneficiaries or other persons having an interest in the trust.
(3) An individual who is not named as a trustee in the trust instrument is appointed as a trustee by the court.
(b) Notwithstanding paragraphs (1) and (3) of subdivision (a), the court may excuse a requirement of a bond, reduce or increase the amount of a bond, release a surety, or permit the substitution of another bond with the same or different sureties. The court may not, however, excuse the requirement of a bond for an individual described in paragraph (3) of subdivision (a), except under compelling circumstances. For the purposes of this section, a request by all the adult beneficiaries of a trust that bond be waived for an individual described in paragraph (3) of subdivision (a) for their trust is deemed to constitute a compelling circumstance.
(c) If a bond is required, it shall be filed or served and shall be in the amount and with sureties and liabilities ordered by the court.
(d) Except as otherwise provided in the trust instrument or ordered by the court, the cost of the bond shall be charged against the trust.
(e) A trust company may not be required to give a bond, notwithstanding a contrary provision in the trust instrument.
Notes and commentary — not statutory text
History
Amended by Stats. 2004, Ch. 75, Sec. 1. Effective January 1, 2005.
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=15602.
- Text hash
- sha256 ac3b1925cacf63c34a533ab6ce099d3190a9bf627ef85ad2c90860140b667971
- 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
Cited by 3 provisions
Provisions in this library whose text cites Prob. Code, § 15602. Each shows the citation as that text prints it.
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.