State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 3120-3123

PROBATE CODE
SECTION 3120-3123



3120.  (a) Several proposed transactions may be included in one
petition and proceeding under this chapter.
   (b) The petition may contain inconsistent allegations and may
request relief in the alternative.



3121.  The petition shall set forth all of the following
information:
   (a) The name, age, and residence of each spouse.
   (b) If one or both spouses is alleged to lack legal capacity for
the proposed transaction, a statement that the spouse has a
conservator or a statement of the facts upon which the allegation is
based.
   (c) If there is a conservator of a spouse, the name and address of
the conservator, the county in which the conservatorship proceeding
is pending, and the court number of the proceeding.
   (d) If a spouse alleged to lack legal capacity for the proposed
transaction is a patient in or on leave of absence from a state
institution under the jurisdiction of the State Department of Mental
Health or the State Department of Developmental Services, the name
and address of the institution.
   (e) The names and addresses of all of the following persons:
   (1) Relatives within the second degree of each spouse alleged to
lack legal capacity for the proposed transaction.
   (2) If the petition is to provide gifts or otherwise affect estate
planning of the spouse who is alleged to lack capacity, as would be
properly the subject of a petition under Article 10 (commencing with
Section 2580) of Chapter 6 of Part 4 (substituted judgment) in the
case of a conservatorship, the names and addresses of the persons
identified in Section 2581.
   (f) A sufficient description of the property that is the subject
of the proposed transaction.
   (g) An allegation that the property is community property, and, if
the proposed transaction involves property in which a spouse also
has a separate property interest, an allegation of good cause to
include that separate property in the transaction.
   (h) The estimated value of the property.
   (i) The terms and conditions of the proposed transaction,
including the names of all parties thereto.
   (j) The relief requested.



3122.  If the proceeding is brought for a court order authorizing a
proposed transaction, the petition shall set forth, in addition to
the information required by Section 3121, all of the following:
   (a) An allegation that one of the spouses has a conservator or
facts establishing lack of legal capacity of the spouse for the
proposed transaction.
   (b) An allegation that the other spouse has legal capacity for the
proposed transaction or has a conservator.
   (c) An allegation that each spouse either: (1) joins in or
consents to the proposed transaction, (2) has a conservator, or (3)
is substantially unable to manage his or her financial resources or
resist fraud or undue influence.
   (d) Facts that may be relied upon to show that the authorization
sought is for one or more of the following purposes:
   (1) The advantage, benefit, or best interests of the spouses or
their estates.
   (2) The care and support of either spouse or of such persons as
either spouse may be legally obligated to support.
   (3) The payment of taxes, interest, or other encumbrances or
charges for the protection and preservation of the community
property.
   (4) The providing of gifts for such purposes, and to such
charities, relatives (including one of the spouses), friends, or
other objects of bounty, as would be likely beneficiaries of gifts
from the spouses.



3123.  If the proceeding is brought for a court order declaring that
one or both spouses has legal capacity for a proposed transaction,
the petition shall set forth, in addition to the information required
by Section 3121, an allegation of the legal capacity of such spouse
or spouses for the proposed transaction.