State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 6341-6349

PROBATE CODE
SECTION 6341-6349



6341.  If a testator's will provides that devised property shall be
paid or delivered or transferred to a custodian subject to the
California Uniform Gifts to Minors Act or the California Uniform
Transfers to Minors Act:
   (a) All of the provisions of the California Uniform Transfers to
Minors Act, Part 9 (commencing with Section 3900) of Division 4,
including, but not limited to, the definitions and the provisions
concerning powers, rights, and immunities contained in that act, are
applicable to the devise during the period prior to distribution of
the property.
   (b) Unless the will clearly requires otherwise, if the person
named as the beneficiary for whose benefit the custodial property is
to be held attains the age at which the custodianship was to
terminate prior to the order of distribution, the devise shall be
deemed to be a direct devise to the person named as the beneficiary
for whose benefit the custodial property was to be held.
   (c) The personal representative of the testator's estate, upon
entry of an order for distribution, shall make distribution pursuant
to the order for distribution by transferring the devised property in
the form and manner provided by the California Uniform Transfers to
Minors Act.
   (d) If a vacancy in the custodianship exists prior to full
distribution of the devised property by the personal representative,
a successor custodian shall be appointed for any undistributed
property in the manner provided by the California Uniform Transfers
to Minors Act.


6345.  The will may provide for successor or substitute custodians
and may specify the standard of compensation of the custodian.



6347.  (a) Except as otherwise provided in the will or ordered by a
court, each custodian designated in the will and the person for whom
the property is to be held shall be deemed a devisee for the purpose
of receiving notices which may be required or permitted to be sent to
a devisee in the estate of the testator.
   (b) Unless required by the will or ordered by the court, a
custodian does not have a duty to participate in the proceedings in
the estate on behalf of the minor, and in no event does the custodian
have a duty to so participate until the custodian has filed a
written notice of acceptance of the office of custodian with the
clerk of the court in which administration of the estate of the
testator is pending.



6348.  Until distribution of the property pursuant to an order for
distribution is completed, the court in which administration of the
estate of the testator is pending has exclusive jurisdiction over all
proceedings and matters concerning undistributed property,
including, but not limited to, the appointment, declination,
resignation, removal, bonding, and compensation of, and the delivery
or transfer of the undistributed property to, a custodian. After
distribution of any property is completed, the court has no further
jurisdiction over the distributed property and the property shall be
held subject to the California Uniform Transfers to Minors Act.




6349.  (a) This chapter shall not be construed as providing an
exclusive method for making devises to or for the benefit of minors.
   (b) Nothing in this chapter limits any provision of the California
Uniform Transfers to Minors Act, Part 9 (commencing with Section
3900) of Division 4.