Section § 1300

Explanation

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.

In all proceedings governed by this code, an appeal may be taken from the making of, or the refusal to make, any of the following orders:
(a)CA Probate Code § 1300(a) Directing, authorizing, approving, or confirming the sale, lease, encumbrance, grant of an option, purchase, conveyance, or exchange of property.
(b)CA Probate Code § 1300(b) Settling an account of a fiduciary.
(c)CA Probate Code § 1300(c) Authorizing, instructing, or directing a fiduciary, or approving or confirming the acts of a fiduciary.
(d)CA Probate Code § 1300(d) Directing or allowing payment of a debt, claim, or cost.
(e)CA Probate Code § 1300(e) Fixing, authorizing, allowing, or directing payment of compensation or expenses of an attorney.
(f)CA Probate Code § 1300(f) Fixing, directing, authorizing, or allowing payment of the compensation or expenses of a fiduciary.
(g)CA Probate Code § 1300(g) Surcharging, removing, or discharging a fiduciary.
(h)CA Probate Code § 1300(h) Transferring the property of the estate to a fiduciary in another jurisdiction.
(i)CA Probate Code § 1300(i) Allowing or denying a petition of the fiduciary to resign.
(j)CA Probate Code § 1300(j) Discharging a surety on the bond of a fiduciary.
(k)CA Probate Code § 1300(k) Adjudicating the merits of a claim made under Part 19 (commencing with Section 850) of Division 2.

Section § 1301

Explanation

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.

With respect to guardianships, conservatorships, and other protective proceedings, the grant or refusal to grant the following orders is appealable:
(a)CA Probate Code § 1301(a) Granting or revoking of letters of guardianship or conservatorship, except letters of temporary guardianship or temporary conservatorship.
(b)CA Probate Code § 1301(b) Granting permission to the guardian or conservator to fix the residence of the ward or conservatee at a place not within this state.
(c)CA Probate Code § 1301(c) Directing, authorizing, approving, or modifying payments, whether for support, maintenance, or education of the ward or conservatee or for a person legally entitled to support, maintenance, or education from the ward or conservatee.
(d)CA Probate Code § 1301(d) Granting or denying a petition under Section 2423 or under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 of Division 4.
(e)CA Probate Code § 1301(e) Affecting the legal capacity of the conservatee pursuant to Chapter 4 (commencing with Section 1870) of Part 3 of Division 4.
(f)CA Probate Code § 1301(f) Adjudicating the merits of a claim under Article 5 (commencing with Section 2500) of Chapter 6 of Part 4 of Division 4.
(g)CA Probate Code § 1301(g) Granting or denying a petition under Chapter 3 (commencing with Section 3100) of Part 6 of Division 4.

Section § 1301.5

Explanation

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.

The following rules apply with respect to the California Conservatorship Jurisdiction Act (Chapter 8 (commencing with Section 1980) of Part 3 of Division 4):
(a)Copy CA Probate Code § 1301.5(a)
(1)Copy CA Probate Code § 1301.5(a)(1) An appeal may be taken from an order assessing expenses against a party under Section 1997 if the amount exceeds five thousand dollars ($5,000).
(2)CA Probate Code § 1301.5(a)(2) An order under Section 1997 assessing expenses of five thousand dollars ($5,000) or less against a party may be reviewed on an appeal by that party after entry of a final judgment or an appealable order in the conservatorship proceeding. At the discretion of the court of appeal, that type of order may also be reviewed upon petition for an extraordinary writ.
(b)CA Probate Code § 1301.5(b) An appeal may be taken from an order under Section 2001 denying a petition to transfer a conservatorship to another state.
(c)CA Probate Code § 1301.5(c) An appeal may be taken from a final order under Section 2002 accepting a transfer and appointing a conservator in this state.
(d)CA Probate Code § 1301.5(d) Notwithstanding any other law, an appeal may not be taken from either of the following until the court enters a final order under Section 2002 accepting the proposed transfer and appointing a conservator in this state:
(1)CA Probate Code § 1301.5(d)(1) An order under Section 2002 determining whether or how to conform a conservatorship to the law of this state.
(2)CA Probate Code § 1301.5(d)(2) An order that is made pursuant to a court review under Sections 1851.1 and 2002.

Section § 1302

Explanation

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.

With respect to a power of attorney governed by the Power of Attorney Law (Division 4.5 (commencing with Section 4000)), an appeal may be taken from any of the following:
(a)CA Probate Code § 1302(a) Any final order under Section 4541, except an order pursuant to subdivision (c) of Section 4541.
(b)CA Probate Code § 1302(b) An order dismissing the petition or denying a motion to dismiss under Section 4543.

Section § 1302.5

Explanation

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.

With respect to an advance health care directive governed by the Health Care Decisions Law (Division 4.7 (commencing with Section 4600)), an appeal may be taken from any of the following:
(a)CA Probate Code § 1302.5(a) Any final order under Section 4766.
(b)CA Probate Code § 1302.5(b) An order dismissing the petition or denying a motion to dismiss under Section 4768.

Section § 1303

Explanation

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.

With respect to a decedent’s estate, the grant or refusal to grant the following orders is appealable:
(a)CA Probate Code § 1303(a) Granting or revoking letters to a personal representative, except letters of special administration or letters of special administration with general powers.
(b)CA Probate Code § 1303(b) Admitting a will to probate or revoking the probate of a will.
(c)CA Probate Code § 1303(c) Setting aside a small estate under Section 6609.
(d)CA Probate Code § 1303(d) Setting apart a probate homestead or property claimed to be exempt from enforcement of a money judgment.
(e)CA Probate Code § 1303(e) Granting, modifying, or terminating a family allowance.
(f)CA Probate Code § 1303(f) Determining heirship, succession, entitlement, or the persons to whom distribution should be made.
(g)CA Probate Code § 1303(g) Directing distribution of property.
(h)CA Probate Code § 1303(h) Determining that property passes to, or confirming that property belongs to, the surviving spouse under Section 13656.
(i)CA Probate Code § 1303(i) Authorizing a personal representative to invest or reinvest surplus money under Section 9732.
(j)CA Probate Code § 1303(j) Determining whether an action constitutes a contest under former Chapter 2 (commencing with Section 21320) of Part 3 of Division 11, as that chapter read prior to its repeal by Chapter 174 of the Statutes of 2008.
(k)CA Probate Code § 1303(k) Determining the priority of debts under Chapter 3 (commencing with Section 11440) of Part 9 of Division 7.
(l)CA Probate Code § 1303(l) Any final order under Chapter 1 (commencing with Section 20100) or Chapter 2 (commencing with Section 20200) of Division 10.

Section § 1304

Explanation

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.

With respect to a trust, the grant or denial of the following orders is appealable:
(a)CA Probate Code § 1304(a) Any final order under Chapter 3 (commencing with Section 17200) of Part 5 of Division 9, except the following:
(1)CA Probate Code § 1304(a)(1) Compelling the trustee or trust director to submit an account or report acts as trustee or trust director, respectively.
(2)CA Probate Code § 1304(a)(2) Accepting the resignation of the trustee or trust director.
(b)CA Probate Code § 1304(b) Any final order under Chapter 2 (commencing with Section 19020) of Part 8 of Division 9.
(c)CA Probate Code § 1304(c) Any final order under Chapter 1 (commencing with Section 20100) and Chapter 2 (commencing with Section 20200) of Division 10.
(d)CA Probate Code § 1304(d) Determining whether an action constitutes a contest under former Chapter 2 (commencing with Section 21320) of Part 3 of Division 11, as that chapter read prior to its repeal by Chapter 174 of the Statutes of 2008.