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HomeProbate CodeDiv. 2Pt. 15Ch. 3Art. 2§ 734 Attorney Document Termination

§ 734 Attorney Document Termination

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

§ 734 Attorney Document Termination

This rule tells an attorney how to give back a document (like a will or trust) after the person who gave it away has died.

Key Takeaways

  • •After the owner dies, the lawyer can end the deposit by handing the paper to the owner’s personal representative.
  • •If the paper is a will and the lawyer doesn’t know who the personal representative is, they must follow the special rules in Section 8200.
  • •If the paper is a trust, the lawyer can give it to either the personal representative or the trustee named in the trust.

Example

A person puts their trust paper with their lawyer. After the person dies, the lawyer hands the trust paper to the person named as trustee in the trust.

Because the document is a trust, the lawyer can end the deposit by giving it directly to the trustee (or the personal representative) after the owner’s death.

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

Official Source
View on CA.gov

§ 734 Attorney Document Termination

(a) In cases not governed by subdivision (b) or (c), after the death of the depositor an attorney may terminate a deposit by personal delivery of the document to the depositor’s personal representative. (b) If the document is a will and the attorney has actual notice that the depositor has died but does not have actual notice that a personal representative has been appointed for the depositor, an attorney may terminate a deposit only as provided in Section 8200. (c) If the document is a trust, after the death of the depositor an attorney may terminate a deposit by personal delivery of the document either to the depositor’s personal representative or to the trustee named in the document. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)

Last verified: January 11, 2026

Key Terms

terminate a depositpersonal representativetrusteeSection 8200

Related Statutes

  • § 1220 Notice Hearing Requirements
  • § 217 Deceased Person Service Cancellation
  • § 730 Attorney Document Deposit Termination
  • § 731 Attorney Document Return Methods
  • § 732 Attorney Document Termination Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 734.
View Official Source