California Probate Code

Probate Code: The current Probate Code can be traced to 1850 when the Legislature enacted “An Act to regulate the Settlement of the Estates of Deceased Persons.” In 1872, these provisions were divided between the newly codified Civil Code and Code of Civil Procedure. After more than a century of revisions and former Probate Code enactments, the latest Probate Code was enacted in 1990, following the recommendation of the California Law Revision Commission. Since 1990, the Commission has continued with additional revisions and enactments of new Probate Code statutes.

Legislative Research: Each section listed below is a link to a PDF document that sets forth the enactment history for that section. The history cited for each section below is intended to be used for information purposes only and should not be relied upon without confirmation. For questions or sections not listed, Contact Us.

Probate Code Sections

Section 24: Derived from former Civil Code § 2218, enacted in 1872.

Sections 140 through 147: Derived from former Probate Code §§ 140 through 147, enacted in 1983.

Section 621: Added in 2016.

Section 812Derived from former Probate Code § 811, enacted in 1995.

Section 850: Derived from former uncodified § 206, enacted in 1850.

Section 854: Derived from former Probate Code § 851.5, enacted in 1965.

Section 1310: Derived from Guardianship Act of 1850.

Section 1872: Derived from former Probate Code § 1751, enacted in 1957.

Section 1873: Derived from former Probate Code § 1873, enacted in 1979.

Section 3054: Derived from former Probate Code § 3054, enacted in 1979.

Section 3080: Derived from former Probate Code § 3080, enacted in 1981.

Section 3605: Added in 1992 and amended once in 2012.

Section 5303: Derived from former Probate Code § 5303, enacted in 1983.

Section 5305: Derived from former Probate Code § 5305, enacted in 1983.

Section 5307: Derived from former Probate Code § 5307, enacted in 1989.

Section 6413: Derived from former Probate Code § 6413, enacted in 1983.

Section 6450: Derived from former uncodified § 2, enacted in 1850.

Section 6540: Derived from former uncodified §§ 122, 123 and 127, enacted in 1851.

Section 7261: Derived from former Probate Code § 7261, enacted in 1988.

Section 7263: Derived from former uncodified §§ 208 through 210 and 297, enacted in 1850.

Section 8005: Derived from former uncodified §§ 41, 43 and 65, enacted in 1850.

Section 8200: Derived from former uncodified §§ 4, 10, 11 and 12, enacted in 1851.

Section 8226: Derived from § 36 of the 1850 Probate Act, enacted in 1850.

Section 8422: Derived from former Civil Code § 1372, enacted in 1872.

Section 8804: Derived from former uncodified §§ 113 and 114, enacted in 1850.

Section 8903: Derived from former Probate Code § 605, enacted in 1970.

Section 9000: Derived from former uncodified § 131, enacted in 1850.

Section 9150: Derived from former uncodified §§ 129 and 137, enacted in 1850.

Section 9250: Derived from former uncodified §§ 133 and 135, enacted in 1850.

Section 9353: Derived from former uncodified §§ 135, 138 and 146, enacted in 1850.

Section 9370: Derived from former uncodified § 139, enacted in 1850.

Section 10000: Derived from former uncodified §§ 115, 154 and 178, enacted in 1851.

Section 10501: Derived from former Probate Code § 591.2, enacted in 1974.

Section 15205: Derived from former Civil Code §§ 2221, 2222 and 2251, enacted in 1872.

Section 15401: Derived from former Civil Code § 2280, enacted in 1872.

Section 15402: Derived from former Probate Code § 15402, enacted in 1986.

Section 16061.5: Added in 1997 and amended three times thereafter.

Section 16061.7: Added in 1997, amended four times thereafter.

Section 16061.8: Added in 1997, amended three times.

Section 16362: Uniform Principal and Income Act §§ 9 and 10, enacted in 1941.

Section 17202: Derived from former Probate Code § 1138.5, enacted in 1970.

Sections 18100, 18100.5, and 18102: Derived in part from former Civil Code §§ 2243 and 2281 (based on Field’s New York Civil Code §§ 1189 and 1210), enacted in 1872.

Section 21102: Derived from former Civil Code §§ 1317, 1319, 1320, and 1376, enacted in 1872.

Sections 21350 through 21356: Enacted in 1993 as Fiduciaries: use of estate funds.

Section 21380: Derived from former Probate Code §§ 21350 and 21351, enacted in 1993.

Section 21392: Derived from former Probate Code § 21355, enacted in 1993.

Section 21524: Derived from former Probate Code § 1035, enacted in 1982.

Sections 21610 through 21612: Derived from uncodified §§ 12 and 13, enacted in 1850.

Section 21611: Derived from former uncodified §§ 12 and 13, added in 1850.

Section 21622: Derived from former uncodified §§ 16, 17 and 19, enacted in 1850.

Section 21700: Derived from former Probate Code § 150, enacted in 1983.