Prob. Code, § 82 · Part 2. DEFINITIONS
Prob. Code, § 82
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) “Trust” includes the following:
(1) An express trust, private or charitable, with additions thereto, wherever and however created.
(2) A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust.
(b) “Trust” excludes the following:
(1) Constructive trusts, other than those described in paragraph (2) of subdivision (a), and resulting trusts.
(2) Guardianships and conservatorships.
(3) Personal representatives.
(4) Totten trust accounts.
(5) Custodial arrangements pursuant to the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of any state.
(6) Business trusts that are taxed as partnerships or corporations.
(7) Investment trusts subject to regulation under the laws of this state or any other jurisdiction.
(8) Common trust funds.
(9) Voting trusts.
(10) Security arrangements.
(11) Transfers in trust for purpose of suit or enforcement of a claim or right.
(12) Liquidation trusts.
(13) Trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind.
(14) Any arrangement under which a person is nominee or escrowee for another.
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=82.
- Text hash
- sha256 c0bb91b1074e524252b114d0c28777fff8dadca63ab13234df4c4d15b7211ece
- 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 9 provisions
Provisions in this library whose text cites Prob. Code, § 82. Each shows the citation as that text prints it.
Code of Civil Procedure
Health and Safety Code
Probate Code
California Rules of Court
- Cal. Rules of Court, rule 7.1011Taking possession of an asset of the ward at an institution or opening or changing ownership of an account or safe-deposit box in a financial institutionPrinted as Probate Code section 82(b)
- Cal. Rules of Court, rule 7.1061Taking possession of an asset of the conservatee at an institution or opening or changing ownership of an account or safe-deposit box in a financial institutionPrinted as Probate Code section 82(b)
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.