Prob. Code, § 6325 · Chapter 8. Nonprobate Transfer to Trustee Named in Decedent’s Will
Prob. Code, § 6325
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The court in which the proceedings are pending for administration of the estate of the decedent has jurisdiction, before or after payment or transfer of benefits and rights or their proceeds to the trustee, to:
(1) Determine the validity of the trust.
(2) Determine the terms of the trust.
(3) Fill vacancies in the office of trustee.
(4) Require a bond of a trustee in its discretion and in such amount as the court may determine for the faithful performance of duties as trustee, subject to the provisions of Article 3 (commencing with Section 1570) of Chapter 16 of Division 1.1 of the Financial Code and Section 15602 of this code.
(5) Grant additional powers to the trustee, as provided in Section 16201.
(6) Instruct the trustee.
(7) Fix or allow payment of compensation of a trustee as provided in Sections 15680 to 15683, inclusive.
(8) Hear and determine adverse claims to the trust property by the personal representative, surviving spouse, or other third person.
(9) Determine the identity of the trustee and the trustee’s acceptance or rejection of the office and, upon request, furnish evidence of trusteeship to a trustee.
(10) Order postponement of the payment or transfer of the benefits and rights or their proceeds.
(11) Authorize or direct removal of the trust or trust property to another jurisdiction pursuant to the procedure provided in Chapter 5 (commencing with Section 17400) of Part 5 of Division 9.
(12) Make any order incident to the foregoing or to the accomplishment of the purposes of this chapter.
(b) The personal representative of the designator’s estate, any trustee named in the will or designation or successor to such trustee, or any person interested in the estate or trust may petition the court for an order under this section. Notice of hearing of the petition shall be given in the manner provided in Section 17203, except as the court may otherwise order.
Notes and commentary — not statutory text
History
Amended by Stats. 2014, Ch. 71, Sec. 138. (SB 1304) Effective January 1, 2015.
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=6325.
- Text hash
- sha256 75636652438c54759398b9960de47098c1224facc3902b62b009a67811409c56
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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
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, § 15602Printed as Section 15602 of this code
- Prob. Code, § 15680Printed as Sections 15680 to 15683, inclusive
- Prob. Code, § 15683Printed as Sections 15680 to 15683, inclusive
- Prob. Code, § 16201Printed as Section 16201
- Prob. Code, § 17203Printed as Section 17203
- Prob. Code, div. 9, pt. 5, ch. 5Transfer of Trust to Another JurisdictionPrinted as Chapter 5 (commencing with Section 17400) of Part 5 of Division 9
Cited by 3 provisions
Provisions in this library whose text cites Prob. Code, § 6325. Each shows the citation as that text prints it.
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