2017 California Code
Probate Code - PROB
DIVISION 2 - GENERAL PROVISIONS
PART 15 - DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY
CHAPTER 3 - Termination of Deposit
ARTICLE 2 - Termination by Attorney
Section 735.
(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.
(Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
