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2022 California Code
Probate Code - PROB
DIVISION 9 - TRUST LAW
PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS
CHAPTER 3 - Modification and Termination of Trusts
Section 15408.

Universal Citation:
CA Prob Code § 15408 (2022)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

15408. (a) On petition by a trustee or beneficiary, if the court determines that the fair market value of the principal of a trust has become so low in relation to the cost of administration that continuation of the trust under its existing terms will defeat or substantially impair the accomplishment of its purposes, the court may, in its discretion and in a manner that conforms as nearly as possible to the intention of the settlor, order any of the following:

(1) Termination of the trust.

(2) Modification of the trust.

(3) Appointment of a new trustee.

(b) Notwithstanding subdivision (a), if the trust principal does not exceed fifty thousand dollars ($50,000) in value, the trustee has the power to terminate the trust.

(c) The existence of a trust provision restraining transfer of the beneficiary’s interest does not prevent application of this section.

(Amended by Stats. 2018, Ch. 78, Sec. 1. (AB 2426) Effective January 1, 2019.)

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