Prob. Code, § 4458 · Chapter 2. Construction of Powers
Prob. Code, § 4458
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
In a statutory form power of attorney, the language granting power with respect to estate, trust, and other beneficiary transactions, empowers the agent to act for the principal in all matters that affect a trust, probate estate, guardianship, conservatorship, escrow, custodianship, or other fund from which the principal is, may become, or claims to be entitled, as a beneficiary, to a share or payment, including the power to do all of the following:
(a) Accept, receive, receipt for, sell, assign, pledge, or exchange, a share in, or payment from, the fund.
(b) Demand or obtain by litigation or otherwise money or other thing of value to which the principal is, may become, or claims to be entitled by reason of the fund.
(c) Initiate, participate in, and oppose litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal.
(d) Initiate, participate in, and oppose litigation to remove, substitute, or surcharge a fiduciary.
(e) Conserve, invest, disburse, and use anything received for an authorized purpose.
(f) Transfer an interest of the principal in real property, stocks, bonds, accounts with financial institutions, insurance, and other property, to the trustee of a revocable trust created by the principal as settlor.
(g) Disclaim a detrimental transfer to the principal with the approval of the court.
Notes and commentary — not statutory text
History
Amended by Stats. 2011, Ch. 113, Sec. 6. (AB 1082) Effective January 1, 2012.
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=4458.
- Text hash
- sha256 bce59baa58728663b5e8c05ebfb9975301be3de5e50d31746d099dff7800aa9e
- 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
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.