State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 730-735

PROBATE CODE
SECTION 730-735



730.  An attorney with whom a document has been deposited, or to
whom a document has been transferred pursuant to this article, may
terminate the deposit only as provided in this article.



731.  An attorney may terminate the deposit by one of the following
methods:
   (a) Personal delivery of the document to the depositor.
   (b) Mailing the document to the depositor's last known address, by
registered or certified mail with return receipt requested, and
receiving a signed receipt.
   (c) The method agreed on by the depositor and attorney.



732.  (a) An attorney may terminate a deposit under this section if
the attorney has mailed notice to reclaim the document to the
depositor's last known address and the depositor has failed to
reclaim the document within 90 days after the mailing.
   (b) Subject to subdivision (f), an attorney may terminate a
deposit under this section by transferring the document to another
attorney. All documents transferred under this subdivision shall be
transferred to the same attorney.
   (c) Subject to subdivision (f), if an attorney is deceased, lacks
legal capacity, or is no longer an active member of the State Bar, a
deposit may be terminated under this section by transferring the
document to the clerk of the superior court of the county of the
depositor's last known domicile. The attorney shall advise the clerk
that the document is being transferred pursuant to Section 732.
   (d) An attorney may not accept a fee or compensation from a
transferee for transferring a document under this section. An
attorney may charge a fee for receiving a document under this
section.
   (e) Transfer of a document by an attorney under this section is
not a waiver or breach of any privilege or confidentiality associated
with the document, and is not a violation of the rules of
professional conduct. If the document is privileged under Article 3
(commencing with Section 950) of Chapter 4 of Division 8 of the
Evidence Code, the document remains privileged after the transfer.
   (f) If the document is a will and the attorney has actual notice
that the depositor has died, the attorney may terminate a deposit
only as provided in Section 734.



733.  (a) An attorney transferring one or more documents under
Section 732 shall mail notice of the transfer to the State Bar of
California. The notice shall contain all of the following
information:
   (1) The name of the depositor.
   (2) The date of the transfer.
   (3) The name, address, and State Bar number of the transferring
attorney.
   (4) Whether any documents are transferred to an attorney, and the
name, address, and State Bar number of the attorney to whom the
documents are transferred.
   (5) Whether any documents are transferred to a superior court
clerk.
   (b) The State Bar shall record only one notice of transfer for
each transferring attorney. The State Bar shall prescribe the form
for the notice of transfer. On request by any person, the State Bar
shall give that person information in the notice of transfer. At its
sole election, the State Bar may give the information orally or in
writing.


734.  (a) In cases not governed by subdivision (b) or (c), after the
death of the depositor an attorney may terminate a deposit by
personal delivery of the document to the depositor's personal
representative.
   (b) If the document is a will and the attorney has actual notice
that the depositor has died but does not have actual notice that a
personal representative has been appointed for the depositor, an
attorney may terminate a deposit only as provided in Section 8200.
   (c) If the document is a trust, after the death of the depositor
an attorney may terminate a deposit by personal delivery of the
document either to the depositor's personal representative or to the
trustee named in the document.


735.  (a) If the attorney is deceased or lacks legal capacity, a
deposit may be terminated as provided in this article by the attorney'
s law partner, by a shareholder of the attorney's law corporation, or
by a lawyer or nonlawyer employee of the attorney's firm,
partnership, or corporation.
   (b) If the attorney lacks legal capacity and there is no person to
act under subdivision (a), a deposit may be terminated by the
conservator of the attorney's estate or by an attorney in fact acting
under a durable power of attorney. A conservator of the attorney's
estate may act without court approval.
   (c) If the attorney is deceased and there is no person to act
under subdivision (a), a deposit may be terminated by the attorney's
personal representative.
   (d) If a person authorized under this section terminates a deposit
as provided in Section 732, the person shall give the notice
required by Section 733.