What is the definition of beneficiary in probate code?

Section 24. Universal Citation: CA Prob Code 24 (2022) 24. ?Beneficiary? means a person to whom a donative transfer of property is made or that person's successor in interest, and: (a) As it relates to the intestate estate of a decedent, means an heir.

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California Uniform Statutory Power of Attorney - Property - Finances -...

Probate Code 8004

Q: What is the Civil Code 8004?

Current through the 2023 Legislative Session. &quot;Claimant&quot; means a person that has a right under this part to record a claim of lien, give a stop payment notice, or assert a claim against a payment bond, or do any combination of the foregoing. Added by Stats 2010 ch 697 (SB 189),s 20, eff.

Category:

Power of Attorney - General

State:

California

Control #:

CA-P040

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Description

The Uniform Statutory Form Power of Attorney, governed by California Probate Code Section 4401, provides individuals with a comprehensive legal framework to delegate significant powers to an appointed agent. Key features of this form include the ability to grant various powers such as real property transactions, financial negotiations, and personal maintenance with clear instructions on how to initial those powers. Users can specify powers through a special instructions section and can revoke the authority as needed. This form is immediately effective and can remain valid even if the principal becomes incapacitated, unless stated otherwise. Attorneys, partners, owners, associates, paralegals, and legal assistants will find the form useful for managing their clients' financial affairs, ensuring compliance with legal standards, and potentially avoiding expensive court proceedings related to incapacity. It is crucial for the appointed agents to understand their fiduciary duties outlined within the form. Overall, the form balances flexibility and legal protection, making it a vital tool for effective estate and financial management.

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How to fill out California Uniform Statutory Power Of Attorney - Property - Finances - Section 4401?

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FAQ

Section 24. Universal Citation: CA Prob Code § 24 (2022) 24. ?Beneficiary? means a person to whom a donative transfer of property is made or that person's successor in interest, and: (a) As it relates to the intestate estate of a decedent, means an heir.

8004. (a) If appointment of the personal representative is contested, the grounds of opposition may include a challenge to the competency of the personal representative or the right to appointment.

Current through the 2023 Legislative Session. "Claimant" means a person that has a right under this part to record a claim of lien, give a stop payment notice, or assert a claim against a payment bond, or do any combination of the foregoing. Added by Stats 2010 ch 697 (SB 189),s 20, eff.

8404. (a) Before letters are issued, the personal representative (other than a trust company or a public administrator) shall file an acknowledgment of receipt of a statement of duties and liabilities of the office of personal representative. The statement shall be in the form prescribed by the Judicial Council.

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Uniform Statutory Power of Attorney - Property - Finances - Section 4401

CALIFORNIA LAW SUMMARIES

STATUTORY REFERENCE
CALIFORNIA PROBATE CODE

GENERAL DURABLE POWER OF ATTORNEY
(PROBATE CODE, §§4124 through 4128)

Section 4124. A durable power of attorney is a power of attorney by which a principal designates another person as attorney-in-fact in writing and the power of attorney contains any of the following statements:

(a) "This power of attorney shall not be affected by subsequent incapacity of the principal."
(b) "This power of attorney shall become effective upon the incapacity of the principal."
(c) Similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent incapacity.

Section 4125. All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal had capacity.

Section 4126. (a) A principal may nominate, by a durable power of attorney, a conservator of the person or estate or both, or a guardian of the person or estate or both, for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced.
(b) If the protective proceedings are conservatorship proceedings in this state, the nomination has the effect provided in Section 1810 and the court shall give effect to the most recent writing executed in accordance with Section 1810, whether or not the writing is a durable power of attorney.

Section 4127. Unless a power of attorney states a time of termination, the authority of the attorney-in-fact is exercisable notwithstanding any lapse of time since execution of the power of attorney.

Section 4128. (a) Subject to subdivision (b), a printed form of a durable power of attorney that is sold or otherwise distributed in this state for use by a person who does not have the advice of legal counsel shall contain, in not less than 10-point boldface type.

Section 4129. (a) In a springing power of attorney, the principal may designate one or more persons who, by a written declaration under penalty of perjury, have the power to determine conclusively that the specified event or contingency has occurred. The principal may designate the attorney-in-fact or another person to perform this function, either alone or jointly with other persons. (b) A springing power of attorney containing the designation described in subdivision (a) becomes effective when the person or persons designated in the power of attorney execute a written declaration under penalty of perjury that the specified event or contingency has occurred, and any person may act in reliance on the written declaration without liability to the principal or to any other person, regardless of whether the specified event or contingency has actually occurred.
(c) This section applies to a power of attorney whether executed before, on, or after January 1, 1991, if the power of attorney contains the designation described in subdivision (a).
(d) This section does not provide the exclusive method by which a power of attorney may be limited to take effect on the occurrence of a specified event or contingency.

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Uniform Statutory Power of Attorney - Property - Finances - Section 4401

CALIFORNIA LAW SUMMARIES

STATUTORY REFERENCE
CALIFORNIA PROBATE CODE

GENERAL DURABLE POWER OF ATTORNEY
(PROBATE CODE, §§4124 through 4128)

Section 4127. Unless a power of attorney states a time of termination, the authority of the attorney-in-fact is exercisable notwithstanding any lapse of time since execution of the power of attorney.

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Probate Code 8004

Description

Related forms

Viewed forms

How to fill out California Uniform Statutory Power Of Attorney - Property - Finances - Section 4401?

Form popularity

FAQ

What is the definition of beneficiary in probate code?

What is the probate code 8004?

What is the Civil Code 8004?

What is the probate code 8404?

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Probate Code 8004

Description

Related forms

Viewed forms

How to fill out California Uniform Statutory Power Of Attorney - Property - Finances - Section 4401?

Form popularity

FAQ

What is the definition of beneficiary in probate code?

What is the probate code 8004?

What is the Civil Code 8004?

What is the probate code 8404?

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