§ 735. — 735. (Added by Stats. 1993, Ch. 519, Sec. 4.)

California § 735.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 2.: DIVISION 2. GENERAL PROVISIONS
• Part 15.: PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY
• Ch. 3.: CHAPTER 3. Termination of Deposit
• Art. 2.: ARTICLE 2. Termination by Attorney

Text

(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.

Legislative History

Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.