Section § 15600

Explanation

This section outlines how a person can accept the role of a trustee. They can accept by signing the trust documents, or by knowingly performing trustee duties. However, if there's an immediate threat to the trust property, they can step in to protect it without formally accepting the trustee role, as long as they later provide written notice rejecting the role to the trust creator or a beneficiary, if necessary. There's no requirement for them to take action, even in emergencies.

(a)CA Probate Code § 15600(a) The person named as trustee may accept the trust, or a modification of the trust, by one of the following methods:
(1)CA Probate Code § 15600(a)(1) Signing the trust instrument or the trust instrument as modified, or signing a separate written acceptance.
(2)CA Probate Code § 15600(a)(2) Knowingly exercising powers or performing duties under the trust instrument or the trust instrument as modified, except as provided in subdivision (b).
(b)CA Probate Code § 15600(b) In a case where there is an immediate risk of damage to the trust property, the person named as trustee may act to preserve the trust property without accepting the trust or a modification of the trust, if within a reasonable time after acting the person delivers a written rejection of the trust or the modification of the trust to the settlor or, if the settlor is dead or incompetent, to a beneficiary. This subdivision does not impose a duty on the person named as trustee to act.

Section § 15601

Explanation

This section explains that a person who is named as a trustee of a trust has the right to refuse or reject that role in writing. If they don't explicitly accept the trustee role or any changes to the trust within a reasonable time, it's considered that they have rejected it. Once they reject the role or modifications, they aren't responsible for anything related to the trust or its changes.

(a)CA Probate Code § 15601(a) A person named as trustee may in writing reject the trust or a modification of the trust.
(b)CA Probate Code § 15601(b) If the person named as trustee does not accept the trust or a modification of the trust by a method provided in subdivision (a) of Section 15600 within a reasonable time after learning of being named as trustee or of the modification, the person has rejected the trust or the modification.
(c)CA Probate Code § 15601(c) A person named as trustee who rejects the trust or a modification of the trust is not liable with respect to the rejected trust or modification.

Section § 15602

Explanation

In California, a trustee usually doesn't need to provide a bond to ensure they perform their duties unless certain situations arise. These include when the trust document requires it, the court deems it necessary to protect the interests of beneficiaries despite a waiver, or if the court appoints someone not originally named as trustee in the trust. Even when a bond is typically required, the court might adjust the bond terms, such as its amount or necessity, except for newly appointed trustees, unless all adult beneficiaries agree otherwise.

If a bond is needed, it must be filed according to court specifications. Typically, the trust covers the bond's cost unless stated otherwise. Trust companies are exempt from bond requirements, even if the trust document says otherwise.

(a)CA Probate Code § 15602(a) A trustee is not required to give a bond to secure performance of the trustee’s duties, unless any of the following circumstances occurs:
(1)CA Probate Code § 15602(a)(1) A bond is required by the trust instrument.
(2)CA Probate Code § 15602(a)(2) Notwithstanding a waiver of a bond in the trust instrument, a bond is found by the court to be necessary to protect the interests of beneficiaries or other persons having an interest in the trust.
(3)CA Probate Code § 15602(a)(3) An individual who is not named as a trustee in the trust instrument is appointed as a trustee by the court.
(b)CA Probate Code § 15602(b) Notwithstanding paragraphs (1) and (3) of subdivision (a), the court may excuse a requirement of a bond, reduce or increase the amount of a bond, release a surety, or permit the substitution of another bond with the same or different sureties. The court may not, however, excuse the requirement of a bond for an individual described in paragraph (3) of subdivision (a), except under compelling circumstances. For the purposes of this section, a request by all the adult beneficiaries of a trust that bond be waived for an individual described in paragraph (3) of subdivision (a) for their trust is deemed to constitute a compelling circumstance.
(c)CA Probate Code § 15602(c) If a bond is required, it shall be filed or served and shall be in the amount and with sureties and liabilities ordered by the court.
(d)CA Probate Code § 15602(d) Except as otherwise provided in the trust instrument or ordered by the court, the cost of the bond shall be charged against the trust.
(e)CA Probate Code § 15602(e) A trust company may not be required to give a bond, notwithstanding a contrary provision in the trust instrument.

Section § 15603

Explanation

If a trustee applies, the court clerk can give them a certificate proving they are officially appointed and currently serving as a trustee, as long as the court records verify this.

On application by the trustee, the court clerk shall issue a certificate that the trustee is a duly appointed and acting trustee under the trust if the court file shows the incumbency of the trustee.

Section § 15604

Explanation

This California law section explains the conditions under which a nonprofit charitable corporation can serve as a trustee for a trust. To be appointed, the corporation must be state-incorporated, authorized in its incorporation documents to be a trustee, and have a history as a tax-exempt private professional conservator in California for three years. Consent from the settlor or existing trustee is required, along with a finding from the court that the appointment benefits the settlor and trust estate.

A petition for appointment can be filed by the settlor, the nonprofit, or an existing trustee, and must include detailed trustee information and reasons for the appointment. The trustee must meet specific filing and bond requirements, and can be reimbursed for expenses and fees related to the trusteeship. If necessary, the trustee can be removed or resign according to established legal procedures. Throughout, the trustee must act according to the trust document and fiduciary duties.

(a)CA Probate Code § 15604(a) Notwithstanding any other provision of law, a nonprofit charitable corporation may be appointed as trustee of a trust created pursuant to this division, if all of the following conditions are met:
(1)CA Probate Code § 15604(a)(1) The corporation is incorporated in this state.
(2)CA Probate Code § 15604(a)(2) The articles of incorporation specifically authorize the corporation to accept appointments as trustee.
(3)CA Probate Code § 15604(a)(3) For the three years prior to the filing of a petition under this section, the nonprofit charitable corporation has been exempt from payment of income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code and has served as a private professional conservator in the state.
(4)CA Probate Code § 15604(a)(4) The settlor or an existing trustee consents to the appointment of the nonprofit corporation as trustee or successor trustee, either in the petition or in a writing signed either before or after the petition is filed.
(5)CA Probate Code § 15604(a)(5) The court determines the trust to be in the best interest of the settlor.
(6)CA Probate Code § 15604(a)(6) The court determines that the appointment of the nonprofit corporation as trustee is in the best interest of the settlor and the trust estate.
(b)CA Probate Code § 15604(b) A petition for appointment of a nonprofit corporation as trustee under this section may be filed by any of the following:
(1)CA Probate Code § 15604(b)(1) The settlor or the spouse of the settlor.
(2)CA Probate Code § 15604(b)(2) The nonprofit charitable corporation.
(3)CA Probate Code § 15604(b)(3) An existing trustee.
(c)CA Probate Code § 15604(c) The petition shall include in the caption the name of a responsible corporate officer who shall act for the corporation for purposes of this section. If, for any reason, the officer so named ceases to act as the responsible corporate officer for purposes of this section, the corporation shall file with the court a notice containing (1) the name of the successor responsible corporate officer and (2) the date the successor becomes the responsible corporate officer.
(d)CA Probate Code § 15604(d) The petition shall request that a trustee be appointed for the estate, shall specify the name, address, and telephone number of the proposed trustee and the name, address, and telephone number of the settlor or proposed settlor, and state the reasons why the appointment of the trustee is necessary.
(e)CA Probate Code § 15604(e) The petition shall set forth, so far as the information is known to the petitioner, the names and addresses of all persons entitled to notice of a conservatorship petition, as specified in subdivision (b) of Section 1821.
(f)CA Probate Code § 15604(f) Notice of the hearing on the petition shall be given in the same manner as provided in Sections 1822 and 1824.
(g)CA Probate Code § 15604(g) The trustee appointed by the court pursuant to this section shall do all of the following:
(1)CA Probate Code § 15604(g)(1) File the required bond for the benefit of the trust estate in the same manner provided for conservators of the estate as set forth in Section 2320. This bond may not be waived, but the court may, in its discretion, permit the filing of a bond in an amount less than would otherwise be required under Section 2320.
(2)CA Probate Code § 15604(g)(2) Comply with the requirements for registration and filing of annual statements pursuant to Article 4 (commencing with Section 2340) of Chapter 4 of Part 4 of Division 4.
(3)CA Probate Code § 15604(g)(3) File with the court inventories and appraisals of the trust estate and present its accounts of the trust estate in the manner provided for conservators of the estate set forth in Chapter 7 (commencing with Section 2600) of Part 4 of Division 4.
(4)CA Probate Code § 15604(g)(4) Be reimbursed for expenses and compensated as trustee in the manner provided for conservators of the estate as described in Chapter 8 (commencing with Section 2640) of Part 4 of Division 4. However, compensation as trustee appointed under this section shall be allowed only for services actually rendered.
(5)CA Probate Code § 15604(g)(5) Be represented by counsel in all proceedings before the court. Any fee allowed for an attorney for the nonprofit charitable corporation shall be for services actually rendered.
(h)CA Probate Code § 15604(h) The trustee appointed by the court under this section may be removed by the court, or may resign in accordance with Chapter 9 (commencing with Section 2650) of Part 4 of Division 4. If the nonprofit charitable corporation resigns or is removed by the court, the settlor may appoint another person as successor trustee, or another nonprofit charitable corporation as trustee under this section.
(i)CA Probate Code § 15604(i) The trustee appointed by the court under this section is bound by the trust instrument created by the settlor, and shall be subject to the duties and responsibilities of a trustee as provided in this code.