Prob. Code, § 16441 · Article 3. Measure of Liability for Breach of Trust
Prob. Code, § 16441
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If the trustee is liable for interest pursuant to Section 16440, the trustee is liable for the greater of the following amounts:
(1) The amount of interest that accrues at the legal rate on judgments in effect during the period when the interest accrued.
(2) The amount of interest actually received.
(b) If the trustee has acted reasonably and in good faith under the circumstances as known to the trustee, the court, in its discretion, may excuse the trustee in whole or in part from liability under subdivision (a) if it would be equitable to do so.
Notes and commentary — not statutory text
History
Amended by Stats. 1998, Ch. 77, Sec. 5. Effective January 1, 1999.
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=16441.
- Text hash
- sha256 3ed888c3da1ccd78fffd2f2ed1ce4e32c79e436f0306b38cc6939967008911ae
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- 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
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Probate Code
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