California Trust Probate Code With Proposed Action
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FAQ
Personal representatives of estates use this to tell all interested persons about actions that they plan to take. Also used by people receiving the notice to tell the court if they disagree with (object to) or agree with (consent to) the representative's proposed action.
Probate Code sections 16500 et seq. permit a trustee, in specified situations, to notify the beneficiaries of a trust of a proposed course of action and obtain their prior consent, either directly by a beneficiary's written consent or implicitly as a result of a beneficiary's failure to timely object.
A: A Notice of Proposed Action essentially requires a beneficiary to ?speak now or forever hold their peace.? California Probate Code sections 16500-16504 permit a trustee to give notice to the beneficiaries of a trust that the trustee intends to take (or not to take) some kind of specified action.
15200. Subject to other provisions of this chapter, a trust may be created by any of the following methods: (a) A declaration by the owner of property that the owner holds the property as trustee. (b) A transfer of property by the owner during the owner's lifetime to another person as trustee.
The notice provided by the personal representative is called a Notice of Proposed Action Notice. The Notice indicates that the personal representative is about to take an action, like sell a house, and it must include a specific description of the proposed action.