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Part 9. California Uniform Transfers To Minors Act of California Probate Code >> Division 4. >> Part 9.
This part may be cited as the "California Uniform Transfers
to Minors Act."
In this part:
(a) "Adult" means an individual who has attained the age of 18 years.
(b) "Benefit plan" means an employer's plan for the benefit of an employee or partner.
(c) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
(d) "Conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
(e) "Court" means the superior court.
(f) "Custodial property" means (1) any interest in property transferred to a custodian under this part and (2) the income from and proceeds of that interest in property.
(g) "Custodian" means a person so designated under Section 3909 or a successor or substitute custodian designated under Section 3918.
(h) "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law or an industrial loan company licensed and supervised under the laws of this state.
(i) "Legal representative" means an individual's personal representative or conservator.
(j) "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(k) "Minor" means:
(1) Except as provided in paragraph (2), an individual who has not attained the age of 18 years.
(2) When used with reference to the beneficiary for whose benefit custodial property is held or is to be held, an individual who has not attained the age at which the custodian is required under Sections 3920 and 3920.5 to transfer the custodial property to the beneficiary.
(l) "Person" means an individual, corporation, organization, or other legal entity.
(m) "Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.
(n) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(o) "Transfer" means a transaction that creates custodial property under Section 3909.
(p) "Transferor" means a person who makes a transfer under this part.
(q) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
(a) "Adult" means an individual who has attained the age of 18 years.
(b) "Benefit plan" means an employer's plan for the benefit of an employee or partner.
(c) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
(d) "Conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
(e) "Court" means the superior court.
(f) "Custodial property" means (1) any interest in property transferred to a custodian under this part and (2) the income from and proceeds of that interest in property.
(g) "Custodian" means a person so designated under Section 3909 or a successor or substitute custodian designated under Section 3918.
(h) "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law or an industrial loan company licensed and supervised under the laws of this state.
(i) "Legal representative" means an individual's personal representative or conservator.
(j) "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(k) "Minor" means:
(1) Except as provided in paragraph (2), an individual who has not attained the age of 18 years.
(2) When used with reference to the beneficiary for whose benefit custodial property is held or is to be held, an individual who has not attained the age at which the custodian is required under Sections 3920 and 3920.5 to transfer the custodial property to the beneficiary.
(l) "Person" means an individual, corporation, organization, or other legal entity.
(m) "Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.
(n) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(o) "Transfer" means a transaction that creates custodial property under Section 3909.
(p) "Transferor" means a person who makes a transfer under this part.
(q) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
(a) This part applies to a transfer that refers to this part
in the designation under subdivision (a) of Section 3909 by which the
transfer is made if at the time of the transfer, the transferor, the
minor, or the custodian is a resident of this state or the custodial
property is located in this state. The custodianship so created
remains subject to this part despite a subsequent change in residence
of a transferor, the minor, or the custodian, or the removal of
custodial property from this state.
(b) A person designated as custodian under this part is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
(b) A person designated as custodian under this part is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
(a) A person having the right to designate the recipient of
property transferable upon the occurrence of a future event may
revocably nominate a custodian to receive the property for a minor
beneficiary upon the occurrence of the event by naming the custodian
followed in substance by the words:
"as custodian for _________________
(Name of Minor)
(Name of Minor)
under the California Uniform Transfers to Minors Act."
The nomination may name one or more persons as substitute custodians
to whom the property must be transferred, in the order named, if the
first nominated custodian dies before the transfer or is unable,
declines, or is ineligible to serve. The nomination may be made in a
will, a trust, a deed, an instrument exercising a power of
appointment, or in a writing designating a beneficiary of contractual
rights which is registered with or delivered to the payor, issuer,
or other obligor of the contractual rights.
(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under subdivision (a) of Section 3909.
(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under Section 3909. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective, and the custodian shall enforce a transfer of the custodial property pursuant to Section 3909.
(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under subdivision (a) of Section 3909.
(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under Section 3909. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective, and the custodian shall enforce a transfer of the custodial property pursuant to Section 3909.
A person may make a transfer by irrevocable gift to, or the
irrevocable exercise of a power of appointment in favor of, a
custodian for the benefit of a minor pursuant to Section 3909.
(a) A personal representative or trustee may make an
irrevocable transfer pursuant to Section 3909 to a custodian for the
benefit of a minor as authorized in the governing will or trust.
(b) If the testator or settlor has nominated a custodian under Section 3903 to receive the custodial property, the transfer shall be made to that person.
(c) If the testator or settlor has not nominated a custodian under Section 3903, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subdivision (a) of Section 3909.
(b) If the testator or settlor has nominated a custodian under Section 3903 to receive the custodial property, the transfer shall be made to that person.
(c) If the testator or settlor has not nominated a custodian under Section 3903, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subdivision (a) of Section 3909.
(a) Subject to subdivision (c), a personal representative or
trustee may make an irrevocable transfer to another adult or trust
company as custodian for the benefit of a minor pursuant to Section
3909, in the absence of a will or under a will or trust that does not
contain an authorization to do so.
(b) Subject to subdivision (c), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to Section 3909.
(c) A transfer under subdivision (a) or (b) may be made only if all of the following requirements are satisfied:
(1) The personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor.
(2) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument. For the purposes of this subdivision, a spendthrift provision (such as that described in Section 15300) shall not prohibit or be inconsistent with the transfer.
(3) The transfer is authorized by the court if it exceeds ten thousand dollars ($10,000) in value; provided, however, that such court authorization shall not be required when the transfer is to a custodian who is either (A) a trust company or (B) an individual designated as a trustee by the terms of a trust instrument which does not require a bond.
(b) Subject to subdivision (c), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to Section 3909.
(c) A transfer under subdivision (a) or (b) may be made only if all of the following requirements are satisfied:
(1) The personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor.
(2) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument. For the purposes of this subdivision, a spendthrift provision (such as that described in Section 15300) shall not prohibit or be inconsistent with the transfer.
(3) The transfer is authorized by the court if it exceeds ten thousand dollars ($10,000) in value; provided, however, that such court authorization shall not be required when the transfer is to a custodian who is either (A) a trust company or (B) an individual designated as a trustee by the terms of a trust instrument which does not require a bond.
(a) Subject to subdivisions (b) and (c), a person not subject
to Section 3905 or 3906 who holds property of, or owes a liquidated
debt to, a minor not having a conservator may make an irrevocable
transfer to a custodian for the benefit of the minor pursuant to
Section 3909.
(b) If a person having the right to do so under Section 3903 has nominated a custodian under that section to receive the custodial property, the transfer shall be made to that person.
(c) If no custodian has been nominated under Section 3903, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds ten thousand dollars ($10,000) in value.
(b) If a person having the right to do so under Section 3903 has nominated a custodian under that section to receive the custodial property, the transfer shall be made to that person.
(c) If no custodian has been nominated under Section 3903, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds ten thousand dollars ($10,000) in value.
A written acknowledgment of delivery by a custodian
constitutes a sufficient receipt and discharge for custodial property
transferred to the custodian pursuant to this part.
(a) Custodial property is created and a transfer is made
whenever any of the following occurs:
(1) An uncertificated security or a certificated security in registered form is either:
(A) Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:
(1) An uncertificated security or a certificated security in registered form is either:
(A) Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:
"as custodian for _________________
(Name of Minor)
(Name of Minor)
under the California Uniform Transfers to Minors Act."
(B) Delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subdivision (b).
(2) Money is paid or delivered, or a security held in the name of a broker, financial institution, or its nominee is transferred, to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:
(B) Delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subdivision (b).
(2) Money is paid or delivered, or a security held in the name of a broker, financial institution, or its nominee is transferred, to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:
"as custodian for _________________
(Name of Minor)
(Name of Minor)
under the California Uniform Transfers to Minors Act."
(3) The ownership of a life or endowment insurance policy or annuity contract is either:
(A) Registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:
(3) The ownership of a life or endowment insurance policy or annuity contract is either:
(A) Registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:
"as custodian for _________________
(Name of Minor)
(Name of Minor)
under the California Uniform Transfers to Minors Act."
(B) Assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words:
(B) Assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words:
"as custodian for _________________
(Name of Minor)
(Name of Minor)
under the California Uniform Transfers to Minors Act."
(4) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words:
(4) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words:
"as custodian for _________________
(Name of Minor)
(Name of Minor)
under the California Uniform Transfers to Minors Act."
(5) An interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:
(5) An interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:
"as custodian for _________________
(Name of Minor)
(Name of Minor)
under the California Uniform Transfers to Minors Act."
(6) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either:
(A) Issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:
(6) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either:
(A) Issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:
"as custodian for _________________
(Name of Minor)
(Name of Minor)
under the California Uniform Transfers to Minors Act."
(B) Delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words:
(B) Delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words:
"as custodian for _________________
(Name of Minor)
(Name of Minor)
under the California Uniform Transfers to Minors Act."
(7) An interest in any property not described in paragraphs (1) through (6) is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subdivision (b).
(b) An instrument in the following form satisfies the requirements of subparagraph (B) of paragraph (1) and paragraph (7) of subdivision (a):
(7) An interest in any property not described in paragraphs (1) through (6) is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subdivision (b).
(b) An instrument in the following form satisfies the requirements of subparagraph (B) of paragraph (1) and paragraph (7) of subdivision (a):
"TRANSFER UNDER THE CALIFORNIA
UNIFORM
TRANSFERS TO MINORS ACT
I, _______________________________________________
(Name of Transferor or Name and Representative Capacity if a Fiduciary) hereby transfer to _____________________ ,
(Name of Custodian) as custodian for _________________
(Name of Minor) under the California Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it).
(Name of Transferor or Name and Representative Capacity if a Fiduciary) hereby transfer to _____________________ ,
(Name of Custodian) as custodian for _________________
(Name of Minor) under the California Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it).
Dated: _________________
_____________
(Signature)
(Signature)
___________________________ acknowledges
(Name of Custodian) receipt of the property described above as custodian for the minor named above under the California Uniform Transfers to Minors Act.
(Name of Custodian) receipt of the property described above as custodian for the minor named above under the California Uniform Transfers to Minors Act.
Dated: _________________
__________________________ "
(Signature of Custodian)
(Signature of Custodian)
(c) A transferor shall place the custodian in control of the
custodial property as soon as practicable.
A transfer may be made only for one minor, and only one
person may be the custodian. All custodial property held under this
part by the same custodian for the benefit of the same minor
constitutes a single custodianship.
(a) The validity of a transfer made in a manner prescribed in
this part is not affected by any of the following:
(1) Failure of the transferor to comply with subdivision (c) of Section 3909.
(2) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subdivision (a) of Section 3909.
(3) Death or incapacity of a person nominated under Section 3903 or designated under Section 3909 as custodian, or the disclaimer of the office by that person.
(b) A transfer made pursuant to Section 3909 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this part, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this part.
(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this part and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this part.
(d) A person is not precluded from being a custodian for a minor under this part with respect to some property because the person is a conservator of the minor with respect to other property.
(e) A person who is the conservator of the minor is not precluded from being a custodian for a minor under this part because the custodial property has or will be transferred to the custodian from the guardianship estate of the minor. In such case, for the purposes of Section 3909, the custodian shall be deemed to be "an adult other than the transferor."
(f) In the cases described in subdivisions (d) and (e), with respect to the property transferred to the custodian, this part applies to the extent it would apply if the person to whom the custodial property is transferred were not and had not been a conservator of the minor.
(1) Failure of the transferor to comply with subdivision (c) of Section 3909.
(2) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subdivision (a) of Section 3909.
(3) Death or incapacity of a person nominated under Section 3903 or designated under Section 3909 as custodian, or the disclaimer of the office by that person.
(b) A transfer made pursuant to Section 3909 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this part, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this part.
(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this part and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this part.
(d) A person is not precluded from being a custodian for a minor under this part with respect to some property because the person is a conservator of the minor with respect to other property.
(e) A person who is the conservator of the minor is not precluded from being a custodian for a minor under this part because the custodial property has or will be transferred to the custodian from the guardianship estate of the minor. In such case, for the purposes of Section 3909, the custodian shall be deemed to be "an adult other than the transferor."
(f) In the cases described in subdivisions (d) and (e), with respect to the property transferred to the custodian, this part applies to the extent it would apply if the person to whom the custodial property is transferred were not and had not been a conservator of the minor.
(a) A custodian shall do all of the following:
(1) Take control of custodial property.
(2) Register or record title to custodial property if appropriate.
(3) Collect, hold, manage, invest, and reinvest custodial property.
(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries except that:
(1) If a custodian is not compensated for his or her services, the custodian is not liable for losses to custodial property unless they result from the custodian's bad faith, intentional wrongdoing, or gross negligence, or from the custodian's failure to maintain the standard of prudence in investing the custodial property provided in this section.
(2) A custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
(c) A custodian may invest in or pay premiums on life insurance or endowment policies on (1) the life of the minor only if the minor or the minor's estate is the sole beneficiary or (2) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words:
(1) Take control of custodial property.
(2) Register or record title to custodial property if appropriate.
(3) Collect, hold, manage, invest, and reinvest custodial property.
(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries except that:
(1) If a custodian is not compensated for his or her services, the custodian is not liable for losses to custodial property unless they result from the custodian's bad faith, intentional wrongdoing, or gross negligence, or from the custodian's failure to maintain the standard of prudence in investing the custodial property provided in this section.
(2) A custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
(c) A custodian may invest in or pay premiums on life insurance or endowment policies on (1) the life of the minor only if the minor or the minor's estate is the sole beneficiary or (2) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words:
"as a custodian for _________________
(Name of Minor)
(Name of Minor)
under the California Uniform Transfers to Minors Act."
(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.
(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.
(a) A custodian, acting in a custodial capacity, has all the
rights, powers, and authority over custodial property that unmarried
adult owners have over their own property, but a custodian may
exercise those rights, powers, and authority in that capacity only.
(b) This section does not relieve a custodian from liability for breach of Section 3912.
(b) This section does not relieve a custodian from liability for breach of Section 3912.
(a) A custodian may deliver or pay to the minor or expend for
the minor's benefit as much of the custodial property as the
custodian considers advisable for the use and benefit of the minor,
without court order and without regard to (1) the duty or ability of
the custodian personally, or of any other person, to support the
minor or (2) any other income or property of the minor which may be
applicable or available for that purpose.
(b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect, any obligation of a person to support the minor.
(d) In lieu of the powers and duties described in subdivision (a), a transferor who is also the custodian may elect to govern his or her custodial powers and duties under this subdivision. If such election is made, the custodian shall not pay over to the minor for expenditure by the minor, and shall not expend for the minor's use or benefit, any part of the custodial property for any purpose prior to the time specified in Section 3920, except by order of the court upon a showing that the expenditure is necessary for the support, maintenance, or education of the minor. When the powers and duties of the custodian are governed by this subdivision, the transferor-custodian shall file with the clerk of the court a declaration in substantially the following form:
(b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect, any obligation of a person to support the minor.
(d) In lieu of the powers and duties described in subdivision (a), a transferor who is also the custodian may elect to govern his or her custodial powers and duties under this subdivision. If such election is made, the custodian shall not pay over to the minor for expenditure by the minor, and shall not expend for the minor's use or benefit, any part of the custodial property for any purpose prior to the time specified in Section 3920, except by order of the court upon a showing that the expenditure is necessary for the support, maintenance, or education of the minor. When the powers and duties of the custodian are governed by this subdivision, the transferor-custodian shall file with the clerk of the court a declaration in substantially the following form:
Declaration Under the California
Uniform
Transfers to Minors Act
I, ________________________________,
(Name of Transferor-Custodian) as custodian for _________________
(Name of Minor) under the California Uniform Transfers to Minors Act, hereby irrevocably elect to be governed under subdivision (d) of Section 3914 of the Probate Code in my custodial capacity over the following described property ______________________________ _____________________________________.
(Description of Custodial Property) I declare under penalty of perjury that the foregoing is true and correct. Dated: ____________, 19___ __________
(Signatur ____ e of ___________ Transferor- ___________ Custodian)
(Name of Transferor-Custodian) as custodian for _________________
(Name of Minor) under the California Uniform Transfers to Minors Act, hereby irrevocably elect to be governed under subdivision (d) of Section 3914 of the Probate Code in my custodial capacity over the following described property ______________________________ _____________________________________.
(Description of Custodial Property) I declare under penalty of perjury that the foregoing is true and correct. Dated: ____________, 19___ __________
(Signatur ____ e of ___________ Transferor- ___________ Custodian)
(a) A custodian is entitled to reimbursement from custodial
property for reasonable expenses incurred in the performance of the
custodian's duties.
(b) Except for one who is a transferor under Section 3904, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Except as provided in subdivision (f) of Section 3918, a custodian need not give a bond.
(b) Except for one who is a transferor under Section 3904, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Except as provided in subdivision (f) of Section 3918, a custodian need not give a bond.
A third person in good faith and without court order may act
on the instructions of, or otherwise deal with, any person purporting
to make a transfer or purporting to act in the capacity of a
custodian and, in the absence of knowledge, is not responsible for
determining any of the following:
(a) The validity of the purported custodian's designation.
(b) The propriety of, or the authority under this part for, any act of the purported custodian.
(c) The validity or propriety under this part of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian.
(d) The propriety of the application of any property of the minor delivered to the purported custodian.
(a) The validity of the purported custodian's designation.
(b) The propriety of, or the authority under this part for, any act of the purported custodian.
(c) The validity or propriety under this part of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian.
(d) The propriety of the application of any property of the minor delivered to the purported custodian.
(a) A claim based on (1) a contract entered into by a
custodian acting in a custodial capacity, (2) an obligation arising
from the ownership or control of custodial property, or (3) a tort
committed during the custodianship, may be asserted against the
custodial property by proceeding against the custodian in the
custodial capacity, whether or not the custodian or the minor is
personally liable therefor.
(b) A custodian is not personally liable for either of the following:
(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract.
(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
(b) A custodian is not personally liable for either of the following:
(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract.
(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
(a) A person nominated under Section 3903 or designated under
Section 3909 as custodian may decline to serve by delivering a valid
disclaimer under Part 8 (commencing with Section 260) of Division 2
to the person who made the nomination or to the transferor or the
transferor's legal representative. If the event giving rise to a
transfer has not occurred and no substitute custodian able, willing,
and eligible to serve was nominated under Section 3903, the person
who made the nomination may nominate a substitute custodian under
Section 3903; otherwise the transferor or the transferor's legal
representative shall designate a substitute custodian at the time of
the transfer, in either case from among the persons eligible to serve
as custodian for that kind of property under subdivision (a) of
Section 3909. The custodian so designated has the rights of a
successor custodian.
(b) A custodian at any time may designate a trust company or an adult other than a transferor under Section 3904 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. The transferor may designate one or more persons as successor custodians to serve, in the designated order of priority, in case the custodian originally designated or a prior successor custodian is unable, declines, or is ineligible to serve or resigns, dies, becomes incapacitated, or is removed. The designation either (1) shall be made in the same transaction and by the same document by which the transfer is made or (2) shall be made by executing and dating a separate instrument of designation before a subscribing witness other than a successor as a part of the same transaction and contemporaneously with the execution of the document by which the transfer is made. The designation is made by setting forth the successor custodian's name, followed in substance by the words: "is designated [first, second, etc., where applicable] successor custodian." A successor custodian designated by the transferor may be a trust company or an adult other than a transferor under Section 3904. A successor custodian effectively designated by the transferor has priority over a successor custodian designated by a custodian.
(c) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
(d) If the transferor has not effectively designated a successor custodian, and a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subdivision (b), an adult member of the minor's family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian.
(e) A custodian who declines to serve under subdivision (a) or resigns under subdivision (c), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
(f) A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years, may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Section 3904 or to require the custodian to give appropriate bond.
(g) At least 15 days before the hearing on a petition under subdivision (d) or (f), the petitioner shall serve notice by mail or personal delivery on each of the following persons:
(1) The minor.
(2) The parent or parents of the minor.
(3) The transferor.
(h) Upon consideration of the petition under subdivision (d) or (f), the court may grant the relief that the court finds to be in the best interests of the minor.
(b) A custodian at any time may designate a trust company or an adult other than a transferor under Section 3904 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. The transferor may designate one or more persons as successor custodians to serve, in the designated order of priority, in case the custodian originally designated or a prior successor custodian is unable, declines, or is ineligible to serve or resigns, dies, becomes incapacitated, or is removed. The designation either (1) shall be made in the same transaction and by the same document by which the transfer is made or (2) shall be made by executing and dating a separate instrument of designation before a subscribing witness other than a successor as a part of the same transaction and contemporaneously with the execution of the document by which the transfer is made. The designation is made by setting forth the successor custodian's name, followed in substance by the words: "is designated [first, second, etc., where applicable] successor custodian." A successor custodian designated by the transferor may be a trust company or an adult other than a transferor under Section 3904. A successor custodian effectively designated by the transferor has priority over a successor custodian designated by a custodian.
(c) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
(d) If the transferor has not effectively designated a successor custodian, and a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subdivision (b), an adult member of the minor's family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian.
(e) A custodian who declines to serve under subdivision (a) or resigns under subdivision (c), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
(f) A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years, may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Section 3904 or to require the custodian to give appropriate bond.
(g) At least 15 days before the hearing on a petition under subdivision (d) or (f), the petitioner shall serve notice by mail or personal delivery on each of the following persons:
(1) The minor.
(2) The parent or parents of the minor.
(3) The transferor.
(h) Upon consideration of the petition under subdivision (d) or (f), the court may grant the relief that the court finds to be in the best interests of the minor.
(a) A minor who has attained the age of 14 years, the minor's
guardian of the person or legal representative, an adult member of
the minor's family, a transferor, or a transferor's legal
representative may petition the court for any of the following:
(1) An accounting by the custodian or the custodian's legal representative.
(2) A determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under Section 3917 to which the minor or the minor's legal representative was a party.
(b) A successor custodian may petition the court for an accounting by the predecessor custodian.
(c) The court, in a proceeding under this part or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
(d) If a custodian is removed under subdivision (f) of Section 3918, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
(e) The right to petition for an accounting shall continue for one year after the filing of a final accounting by the custodian or the custodian's legal representative and delivery of the custodial property to the minor or the minor's estate.
(1) An accounting by the custodian or the custodian's legal representative.
(2) A determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under Section 3917 to which the minor or the minor's legal representative was a party.
(b) A successor custodian may petition the court for an accounting by the predecessor custodian.
(c) The court, in a proceeding under this part or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
(d) If a custodian is removed under subdivision (f) of Section 3918, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
(e) The right to petition for an accounting shall continue for one year after the filing of a final accounting by the custodian or the custodian's legal representative and delivery of the custodial property to the minor or the minor's estate.
The custodian shall transfer in an appropriate manner the
custodial property to the minor or to the minor's estate upon the
earlier of the following:
(a) The minor's attainment of 18 years of age unless the time of transfer of the custodial property to the minor is delayed under Section 3920.5 to a time after the time the minor attains the age of 18 years.
(b) The time specified in the transfer pursuant to Section 3909 if the time of transfer of the custodial property to the minor is delayed under Section 3920.5 to a time after the time the minor attains the age of 18 years.
(c) The minor's death.
(a) The minor's attainment of 18 years of age unless the time of transfer of the custodial property to the minor is delayed under Section 3920.5 to a time after the time the minor attains the age of 18 years.
(b) The time specified in the transfer pursuant to Section 3909 if the time of transfer of the custodial property to the minor is delayed under Section 3920.5 to a time after the time the minor attains the age of 18 years.
(c) The minor's death.
(a) Subject to the requirements and limitations of this
section, the time for transfer to the minor of custodial property
transferred under or pursuant to Section 3903, 3904, 3905, or 3906,
may be delayed until a specified time after the time the minor
attains the age of 18 years, which time shall be specified in the
transfer pursuant to Section 3909.
(b) To specify a delayed time for transfer to the minor of the custodial property, the words
(b) To specify a delayed time for transfer to the minor of the custodial property, the words
"as custodian for _________________
(Name of Minor) until age _________________________________
(Age for Delivery of Property to _______ Minor) under the California Uniform Transfers to Minors Act" shall be substituted in substance for the words "as custodian for _________________
(Name of Minor) under the California Uniform Transfers to Minors Act" in making the transfer pursuant to Section 3909.
(Name of Minor) until age _________________________________
(Age for Delivery of Property to _______ Minor) under the California Uniform Transfers to Minors Act" shall be substituted in substance for the words "as custodian for _________________
(Name of Minor) under the California Uniform Transfers to Minors Act" in making the transfer pursuant to Section 3909.
(c) The time for transfer to the minor of custodial property
transferred under or pursuant to Section 3903 or 3905 may be delayed
under this section only if the governing will or trust or nomination
provides in substance that the custodianship is to continue until the
time the minor attains a specified age, which time may not be later
than the time the minor attains 25 years of age, and in that case the
governing will or trust or nomination shall determine the time to be
specified in the transfer pursuant to Section 3909.
(d) The time for transfer to the minor of custodial property transferred by the irrevocable exercise of a power of appointment under Section 3904 may be delayed under this section only if the transfer pursuant to Section 3909 provides in substance that the custodianship is to continue until the time the minor attains a specified age, which time may not be later than the time the minor attains 25 years of age.
(e) The time for transfer to the minor of custodial property transferred by irrevocable gift under Section 3904 may be delayed under this section only if the transfer pursuant to Section 3909 provides in substance that the custodianship is to continue until the time the minor attains a specified age, which time may not be later than the time the minor attains 21 years of age.
(f) The time for transfer to the minor of custodial property transferred by a trustee under Section 3906 may be delayed under this section only if the transfer pursuant to Section 3909 provides that the custodianship is to continue until a specified time not later than the time the minor attains 25 years of age or the time of termination of all present beneficial interests of the minor in the trust from which the custodial property was transferred, whichever is to occur first.
(g) If the transfer pursuant to Section 3909 does not specify any age, the time for the transfer of the custodial property to the minor under Section 3920 is the time when the minor attains 18 years of age.
(h) If the transfer pursuant to Section 3909 provides in substance that the duration of the custodianship is for a time longer than the maximum time permitted by this section for the duration of a custodianship created by that type of transfer, the custodianship shall be deemed to continue only until the time the minor attains the maximum age permitted by this section for the duration of a custodianship created by that type of transfer.
(d) The time for transfer to the minor of custodial property transferred by the irrevocable exercise of a power of appointment under Section 3904 may be delayed under this section only if the transfer pursuant to Section 3909 provides in substance that the custodianship is to continue until the time the minor attains a specified age, which time may not be later than the time the minor attains 25 years of age.
(e) The time for transfer to the minor of custodial property transferred by irrevocable gift under Section 3904 may be delayed under this section only if the transfer pursuant to Section 3909 provides in substance that the custodianship is to continue until the time the minor attains a specified age, which time may not be later than the time the minor attains 21 years of age.
(f) The time for transfer to the minor of custodial property transferred by a trustee under Section 3906 may be delayed under this section only if the transfer pursuant to Section 3909 provides that the custodianship is to continue until a specified time not later than the time the minor attains 25 years of age or the time of termination of all present beneficial interests of the minor in the trust from which the custodial property was transferred, whichever is to occur first.
(g) If the transfer pursuant to Section 3909 does not specify any age, the time for the transfer of the custodial property to the minor under Section 3920 is the time when the minor attains 18 years of age.
(h) If the transfer pursuant to Section 3909 provides in substance that the duration of the custodianship is for a time longer than the maximum time permitted by this section for the duration of a custodianship created by that type of transfer, the custodianship shall be deemed to continue only until the time the minor attains the maximum age permitted by this section for the duration of a custodianship created by that type of transfer.
Subject to the power of the court to transfer actions and
proceedings as provided in the Code of Civil Procedure, a petition
filed under this part shall be heard and proceedings thereon held in
the superior court in the proper county, which shall be determined as
follows:
(a) If the minor resides in this state, in either of the following counties:
(1) Where the minor resides.
(2) Where the custodian resides.
(b) If the minor does not reside within this state, in any of the following counties:
(1) Where the transferor resides.
(2) Where the custodian resides.
(3) Where the estate of a deceased or legally incapacitated custodian is being administered.
(4) Where a parent of the minor resides.
(c) If neither the minor, nor the transferor, nor any parent resides within this state, and no estate of a deceased or legally incapacitated custodian is being administered within this state, in any county.
(a) If the minor resides in this state, in either of the following counties:
(1) Where the minor resides.
(2) Where the custodian resides.
(b) If the minor does not reside within this state, in any of the following counties:
(1) Where the transferor resides.
(2) Where the custodian resides.
(3) Where the estate of a deceased or legally incapacitated custodian is being administered.
(4) Where a parent of the minor resides.
(c) If neither the minor, nor the transferor, nor any parent resides within this state, and no estate of a deceased or legally incapacitated custodian is being administered within this state, in any county.
This part applies to a transfer within the scope of Section
3902 made on or after January 1, 1985, if either of the following
requirements is satisfied:
(a) The transfer purports to have been made under the California Uniform Gifts to Minors Act.
(b) The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this part is necessary to validate the transfer.
(a) The transfer purports to have been made under the California Uniform Gifts to Minors Act.
(b) The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this part is necessary to validate the transfer.
(a) As used in this section, "California Uniform Gifts to
Minors Act" means former Article 4 (commencing with Section 1154) of
Chapter 3 of Title 4 of Part 4 of Division 2 of the Civil Code.
(b) Any transfer of custodial property, as now defined in this part, made before January 1, 1985, is validated, notwithstanding that there was no specific authority in the California Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(c) This part applies to all transfers made before January 1, 1985, in a manner and form prescribed in the California Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights.
(d) To the extent that this part, by virtue of subdivision (c), does not apply to transfers made in a manner prescribed in the California Uniform Gifts to Minors Act or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the California Uniform Gifts to Minors Act does not affect those transfers or those powers, duties, and immunities.
(b) Any transfer of custodial property, as now defined in this part, made before January 1, 1985, is validated, notwithstanding that there was no specific authority in the California Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(c) This part applies to all transfers made before January 1, 1985, in a manner and form prescribed in the California Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights.
(d) To the extent that this part, by virtue of subdivision (c), does not apply to transfers made in a manner prescribed in the California Uniform Gifts to Minors Act or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the California Uniform Gifts to Minors Act does not affect those transfers or those powers, duties, and immunities.
This part shall not be construed as providing an exclusive
method for making gifts or other transfers to minors.
