Enacted by Stats. 1990, Ch. 79.
This part may be cited as the “California Uniform Transfers to Minors Act.”
California Probate Code — §§ 3900-3925
Enacted by Stats. 1990, Ch. 79.
This part may be cited as the “California Uniform Transfers to Minors Act.”
Enacted by Stats. 1990, Ch. 79.
In this part:
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.
Enacted by Stats. 1990, Ch. 79.
jurisdiction in this state with respect to any matter relating to the custodianship.
Enacted by Stats. 1990, Ch. 79.
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 Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective, and the custodian shall enforce a transfer of the custodial property pursuant to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.
Enacted by Stats. 1990, Ch. 79.
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.
Enacted by Stats. 1990, Ch. 79.
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.
Amended by Stats. 1996, Ch. 862, Sec. 13. Effective January 1, 1997.
3909.
Enacted by Stats. 1990, Ch. 79.
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.
Enacted by Stats. 1990, Ch. 79.
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.
Amended by Stats. 1991, Ch. 1055, Sec. 17.
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:
(a):
Enacted by Stats. 1990, Ch. 79.
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.
Enacted by Stats. 1990, Ch. 79.
Section 3903 or designated under Section 3909 as custodian, or the disclaimer of the office by that person.
minor under this part with respect to some property because the person is a conservator of the minor with respect to other property.
Enacted by Stats. 1990, Ch. 79.
and is not limited by any other statute restricting investments by fiduciaries except that:
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.
Enacted by Stats. 1990, Ch. 79.
Enacted by Stats. 1990, Ch. 79.
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.
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:
Enacted by Stats. 1990, Ch. 79.
Enacted by Stats. 1990, Ch. 79.
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:
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.
Enacted by Stats. 1990, Ch. 79.
into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract.
Amended by Stats. 2017, Ch. 319, Sec. 62. (AB 976) Effective January 1, 2018.
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.
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.
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.
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.
Enacted by Stats. 1990, Ch. 79.
adjudicated in an action under Section 3917 to which the minor or the minor’s legal representative was a party.
the custodian or the custodian’s legal representative and delivery of the custodial property to the minor or the minor’s estate.
Enacted by Stats. 1990, Ch. 79.
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:
time the minor attains the age of 18 years.
Amended by Stats. 1996, Ch. 862, Sec. 14. Effective January 1, 1997.
minor attains a specified age, which time may not be later than the time the minor attains 25 years of age.
which the custodial property was transferred, whichever is to occur first.
Enacted by Stats. 1990, Ch. 79.
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:
Enacted by Stats. 1990, Ch. 79.
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:
validate the transfer.
Enacted by Stats. 1990, Ch. 79.
Enacted by Stats. 1990, Ch. 79.
This part shall not be construed as providing an exclusive method for making gifts or other transfers to minors.