Prob. Code, § 2401.3 · Article 1. Definitions and General Provisions
Prob. Code, § 2401.3
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If the guardian or conservator breaches a fiduciary duty, the guardian or conservator is chargeable with any of the following that is appropriate under the circumstances:
(1) Any loss or depreciation in value of the estate resulting from the breach of duty, with interest.
(2) Any profit made by the guardian or conservator through the breach of duty, with interest.
(3) Any profit that would have accrued to the estate if the loss of profit is the result of the breach of duty.
(b) If the guardian or conservator has acted reasonably and in good faith under the circumstances as known to the guardian or conservator, the court, in its discretion, may excuse the guardian or conservator 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
Enacted by Stats. 1990, Ch. 79.
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=2401.3.
- Text hash
- sha256 eb407bfa9384cce8480c8d1182b71499bb93a92561a09706a7efe3db0818cfd0
- 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 6 provisions
Provisions in this library whose text cites Prob. Code, § 2401.3. Each shows the citation as that text prints it.
Probate Code
- Prob. Code, § 2111.5Printed as Sections 2401.3 and 2401.5
- Prob. Code, § 2359Printed as Sections 2401.3 and 2401.5
- Prob. Code, § 2401.5Printed as Section 2401.3
- Prob. Code, § 2401.6Printed as Sections 2401.3 or 2401.5
- Prob. Code, § 2401.7Printed as Sections 2401.3 and 2401.5
- Prob. Code, § 2403Printed as Sections 2401.3 and 2401.5
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.