2007 California Probate Code Chapter 12. Transfer Of Personal Property Out Of State

CA Codes (prob:2800-2808)

2800.  As used in this chapter, "foreign guardian or conservator"
means a guardian, conservator, committee, or comparable fiduciary in
another jurisdiction.


2801.  Subject to the limitations and requirements of this chapter,
the court in which the guardianship of the estate or conservatorship
of the estate is pending may order the transfer of some or all of the
personal property of the estate to a foreign guardian or conservator
in another jurisdiction outside this state where the ward or
conservatee resides at the time the petition for the order
authorizing the transfer is filed.



2802.  A petition for an order authorizing a transfer may be filed
by any of the following:
   (a) The guardian of the estate or the conservator of the estate.
   (b) The ward or conservatee.
   (c) A foreign guardian or conservator.




2803.  The petition shall set forth all of the following:
   (a) The name and address of:
   (1) The foreign guardian or conservator, who may but need not be
the guardian or conservator appointed in this state.
   (2) The ward or conservatee.
   (3) The guardian or conservator, so far as is known to the
petitioner.
   (b) The names, ages, and addresses, so far as they are known to
the petitioner, of the spouse of the ward or the spouse or domestic
partner of the conservatee and of relatives of the ward or
conservatee within the second degree.
   (c) A brief description of the character, condition, value, and
location of the personal property sought to be transferred.
   (d) A statement whether the foreign guardian or conservator has
agreed to accept the transfer of the property.  If the foreign
guardian or conservator has so agreed, the acceptance shall be
attached as an exhibit to the petition or otherwise filed with the
court.
   (e) A statement of the manner in which and by whom the foreign
guardian or conservator was appointed.
   (f) A general statement of the qualifications of the foreign
guardian or conservator.
   (g) The amount of bond, if any, of the foreign guardian or
conservator.
   (h) A general statement of the nature and value of the property of
the ward or conservatee already under the management or control of
the foreign guardian or conservator.
   (i) The name of the court having jurisdiction of the foreign
guardian or conservator or of the accounts of the foreign guardian or
conservator or, if none, the court in which a proceeding may be had
with respect to the guardianship or conservatorship if the property
is transferred.
   (j) Whether there is any pending civil action in this state
against the guardian or conservator, the ward or conservatee, or the
estate.
   (k) A statement of the reasons for the transfer.



2804.  At least 30 days before the hearing, the petitioner shall
mail a notice of the time and place of the hearing and a copy of the
petition to each person required to be listed in the petition at the
address stated in the petition.


2805.  Any of the following may appear and file written objections
to the petition:
   (a) Any person required to be listed in the petition.
   (b) Any creditor of the ward or conservatee or of the estate.
   (c) The spouse of the ward or the spouse or domestic partner of
the conservatee or any relative or friend of the ward or conservatee.

   (d) Any other interested person.


2806.  The court may grant the petition and order the guardian or
conservator to transfer some or all of the personal property of the
estate to the foreign guardian or conservator if the court determines
all of the following:
   (a) The transfer will promote the best interests of the ward or
conservatee and the estate.
   (b) The substantial rights of creditors or claimants in this state
will not be materially impaired by the transfer.
   (c) The foreign guardian or conservator is qualified, willing, and
able to administer the property to be transferred.




2807.  If a transfer is ordered, the court may direct the manner of
transfer and impose such terms and conditions as may be just.



2808.  (a) If the court's order provides for the transfer of all of
the property of the estate to the foreign guardian or conservator,
the court, upon settlement of the final account, shall order the
guardianship of the estate or the conservatorship of the estate
terminated upon the filing with the clerk of the court of a receipt
for the property executed by the foreign guardian or conservator.
   (b) Unless notice is waived, a copy of the final account of the
guardian or conservator and of the petition for discharge, together
with a notice of the hearing thereon, shall be mailed at least 30
days before the date of the hearing to all persons required to be
listed in the petition for transfer, including the foreign guardian
or conservator.