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HomeProbate CodeDiv. 2Pt. 15Ch. 3Art. 2§ 735 Attorney Deposit Termination

§ 735 Attorney Deposit Termination

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

§ 735 Attorney Deposit Termination

This law says who can close a lawyer's client deposit when the lawyer dies or can’t make decisions.

Key Takeaways

  • •If a lawyer dies or can’t act, a partner, shareholder, or firm employee can end the deposit.
  • •If no one in the firm can act, the lawyer’s estate conservator or someone with power of attorney can end it.
  • •If the lawyer is dead and no firm person is available, the personal representative can end it.
  • •Anyone who ends the deposit must give the notice required by Section 733.

Example

A lawyer passes away and his law firm has no other partners or shareholders to handle the client money.

The lawyer’s personal representative can close the deposit and must send the required notice, just like the law says.

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

Official Source
View on CA.gov

§ 735 Attorney Deposit Termination

(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.)

Last verified: January 11, 2026

Key Terms

depositterminatedattorney’s law partnershareholderlawyer or nonlawyer employeeconservator of the attorney’s estateattorney in factdurable power of attorneyattorney’s personal representative

Related Statutes

  • § 730 Attorney Document Deposit Termination
  • § 731 Attorney Document Return Methods
  • § 732 Attorney Document Termination Rules
  • § 733 Attorney Document Transfer Notice
  • § 734 Attorney Document Termination

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 735.
View Official Source