Appointment Of Substitute Fiduciary - Fiduciaries' Wartime Substitution Law - Probate - CA

Section § 370

This law says that if a fiduciary, someone who has a legal obligation to manage someone else's assets, is involved in war service, the court can make certain decisions to ensure the management continues smoothly. These decisions can include appointing a temporary substitute, allowing a cofiduciary to take over the duties, suspending the current fiduciary's powers during their service, or requiring the fiduciary to provide a financial account.

If a fiduciary is engaged in war service, on petition of the fiduciary, a cofiduciary, or an interested person, the court may do any one or more of the following:

(a) Appoint a substitute fiduciary. If there is a qualified and acting cofiduciary, the court is not required to appoint a substitute fiduciary but may vest in the cofiduciary the powers of the original fiduciary engaged in war service.

(b) Order a suspension of the powers and duties of the original fiduciary for the period the original fiduciary is engaged in war service and until further order of the court.

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Section § 371

If someone takes over a fiduciary role from another person, they have the same abilities and responsibilities as the original person did, unless the court decides that certain powers are only for the original individual. They must fulfill the same duties as the first fiduciary.

A substitute fiduciary has all the powers, including discretionary powers, that the original fiduciary had, except powers that the court determines are purely personal to the original fiduciary, and is subject to the same duties as the original fiduciary.

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Section § 372

This law explains that unless a court says differently, if someone takes over the role of a fiduciary, they must provide a bond just like the first person who held the position.

Except as otherwise ordered by the court, a substitute fiduciary shall give a bond in the manner and to the extent provided by law for the original fiduciary.

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Section § 373

When an original fiduciary returns from military service and the estate is still open, they can request to be reinstated to their role. If this happens, the temporary fiduciary can be removed and released from their duties, but it's up to the court to decide how this transition should be handled.

After the expiration of an original fiduciary’s war service, if the estate has not been closed, the original fiduciary, on petition, is entitled to reinstatement as fiduciary. On reinstatement, the substitute fiduciary may, in the discretion of the court, be removed and may be discharged on conditions prescribed by the court.

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Section § 374

This law states that if a new fiduciary replaces an earlier one, or if the original fiduciary returns to their position, they are not responsible for any mistakes or failures made by the prior fiduciary.

A substitute fiduciary or an original fiduciary reinstated under Section 373 is not liable for the acts or omissions of the predecessor fiduciary.

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