Code Section

Probate Code - PROB

DIVISION 2. GENERAL PROVISIONS [100 - 890]

  ( Division 2 enacted by Stats. 1990, Ch. 79. )
  

PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735]

  ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. )
  

CHAPTER 3. Termination of Deposit [720 - 735]

  ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. )
  

ARTICLE 2. Termination by Attorney [730 - 735]
  ( Article 2 added by Stats. 1993, Ch. 519, Sec. 4. )

  
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.)