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HomeProbate CodeDiv. 3Pt. 3Ch. 1§ 1300 Appeals For Fiduciary Orders

§ 1300 Appeals For Fiduciary Orders

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1300 Appeals For Fiduciary Orders

This law lets you ask a higher court to review (appeal) any decision that orders or refuses to order things like selling property, paying debts, or actions by a fiduciary.

Key Takeaways

  • •You can appeal both when a court makes an order and when it refuses to make an order.
  • •Appealable orders include selling or leasing property, paying debts, setting attorney or fiduciary fees, and many other actions listed in the law.
  • •The appeal must be taken in the same legal system that made the original order.

Example

A court tells a trustee to sell a house that belongs to an estate. The trustee thinks the sale is wrong and wants to challenge that order.

Because the court’s order to sell the house is one of the listed actions, the trustee can file an appeal to a higher court to try to stop the sale.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1300 Appeals For Fiduciary Orders

In all proceedings governed by this code, an appeal may be taken from the making of, or the refusal to make, any of the following orders: (a) Directing, authorizing, approving, or confirming the sale, lease, encumbrance, grant of an option, purchase, conveyance, or exchange of property. (b) Settling an account of a fiduciary. (c) Authorizing, instructing, or directing a fiduciary, or approving or confirming the acts of a fiduciary. (d) Directing or allowing payment of a debt, claim, or cost. (e) Fixing, authorizing, allowing, or directing payment of compensation or expenses of an attorney. (f) Fixing, directing, authorizing, or allowing payment of the compensation or expenses of a fiduciary. (g) Surcharging, removing, or discharging a fiduciary. (h) Transferring the property of the estate to a fiduciary in another jurisdiction. (i) Allowing or denying a petition of the fiduciary to resign. (j) Discharging a surety on the bond of a fiduciary. (k) Adjudicating the merits of a claim made under Part 19 (commencing with Section 850) of Division 2. (Amended by Stats. 2001, Ch. 417, Sec. 4. Effective January 1, 2002.)

Last verified: January 11, 2026

Key Terms

conveyanceencumbrancefiduciarypropertyclaimappealleasecompensation

Related Statutes

  • § 1204 Fiduciary Notice Waiver Rules
  • § 1501 Minor Property Guardian Nomination
  • § 222 Simultaneous Death Rules
  • § 267 Property Interest Definition
  • § 354 Guardianship Estate Interested Persons

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 1300.
View Official Source