AppealsGeneral
Section § 1300
In probate proceedings, you can appeal decisions about important actions involving property and fiduciaries. This includes orders approving sales or leases, settling fiduciary accounts, authorizing payments, and setting attorney fees. It also covers actions related to fiduciary conduct like removal, transferring property, and resignations.
Additionally, it addresses claims under specific parts of the probate law.
Section § 1301
This section explains which decisions in guardianship and conservatorship cases can be appealed. You can appeal if guardianship or conservatorship is granted or revoked, excluding temporary ones. Decisions allowing the guardian or conservator to move the ward out of state are appealable. You can also challenge court directions on payments for the ward’s or conservatee's support, education, or maintenance. Appeals are possible for decisions about certain petitions or the legal capacity of the conservatee. Finally, you can appeal decisions that judge the merits of specific claims or petitions under specified chapters.
Section § 1301.5
This section outlines rules for appealing certain court orders related to conservatorships in California. You can appeal an order that charges expenses over $5,000 to a party under Section 1997. If the expenses are $5,000 or less, you can appeal after a final judgment, or sometimes sooner, by special request. Appeals are allowed from orders that deny requests to transfer a conservatorship to another state or from final orders that accept such a transfer and appoint a conservator in California. However, you cannot appeal certain orders related to transferring conservatorships until a final decision is made.
Section § 1302
This law section explains when you can appeal a decision related to a power of attorney, which is a legal document that allows someone to make decisions for another person. Specifically, you can appeal any final decision made under Section 4541, except for one type of order listed as subdivision (c). You can also appeal if your petition is dismissed or if a motion to dismiss your case under Section 4543 is denied.
Section § 1302.5
This section of the California Probate Code allows someone to appeal decisions related to advance health care directives. Specifically, you can appeal a final order or a dismissal related to petitions or motions under certain sections of the Health Care Decisions Law.
Section § 1303
This section outlines various decisions about a deceased person’s estate that can be appealed in court. You can appeal if there’s a decision about appointing or removing someone to handle the estate (the personal representative), unless it’s a special type of temporary appointment. Appeals are also possible if there’s a decision on accepting or rejecting a will, dealing with estate property, granting family allowances, or figuring out who inherits or receives the estate. Additional areas include decisions about investments, property belonging to a surviving spouse, or the order of paying debts. Furthermore, any final orders from specific probate chapters can also be contested.
Section § 1304
This section explains which types of court orders related to a trust can be appealed. Generally, final orders relating to trusts, such as those under specified chapters, can be appealed. However, certain exceptions exist, such as orders compelling a trustee to submit an account or accepting a trustee's resignation. There's also a provision for appealing decisions about whether an action is considered a contest under a previous set of rules that were repealed in 2008.