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California Law (Last Updated: March 4, 2014) |
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Probate Code - PROB |
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Division 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS |
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Part 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP |
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Chapter 7. Inventory and Accounts |
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ARTICLE 2. Inventory and Appraisal of Estate |
Section 2610.
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(a) Within 90 days after appointment, or within any further time as the court for reasonable cause upon ex parte petition of the guardian or conservator may allow, the guardian or conservator shall file with the clerk of the court and mail to the conservatee and to the attorneys of record for the ward or conservatee, along with notice of how to file an objection, an inventory and appraisal of the estate, made as of the date of the appointment of the guardian or conservator. A copy of this inventory and appraisal, along with notice of how to file an objection, also shall be mailed to the conservatee's spouse or registered domestic partner, the conservatee's relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the mailing will result in harm to the conservatee.
(b) The guardian or conservator shall take and subscribe to an oath that the inventory contains a true statement of all of the estate of the ward or conservatee of which the guardian or conservator has possession or knowledge. The oath shall be endorsed upon or annexed to the inventory.
(c) The property described in the inventory shall be appraised in the manner provided for the inventory and appraisal of estates of decedents. The guardian or conservator may appraise the assets that a personal representative could appraise under Section 8901.
(d) If a conservatorship is initiated pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), and no sale of the estate will occur:
(1) The inventory and appraisal required by subdivision (a) shall be filed within 90 days after appointment of the conservator.
(2) The property described in the inventory may be appraised by the conservator and need not be appraised by a probate referee.
(e) By January 1, 2008, the Judicial Council shall develop a form to effectuate the notice required in subdivision (a).