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Earlier editions: 2020-112018-112026-09

DIVISION 2. GENERAL PROVISIONS 100-890›PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY 700-735›CHAPTER 3. Termination of Deposit 720-735›ARTICLE 2. Termination by Attorney 730-735

§ 735

California Probate Code · 2026-10 edition · updated 2026-10-04 · California

(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.)

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