Cal. Codes » Probate Code / DIVISION 9. TRUST LAW / PART 6. RIGHTS OF THIRD PERSONS / CHAPTER 2. Protection of Third Persons
California Codes

Cal. Probate Code § 18100 (2026)

Protection of Third Persons

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With respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, if the third person acts in good faith and for a valuable consideration and without actual knowledge that the trustee is exceeding the trustee’s powers or improperly exercising them:

(a)The third person is not bound to inquire whether the trustee has power to act or is properly exercising a power and may assume without inquiry the existence of a trust power and its proper exercise.

(b)The third person is fully protected in dealing with or assisting the trustee just as if the trustee has and is properly exercising the power the trustee purports to exercise.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1992–2026 · leading case: Siegel v. Boston (In Re Sale Guar. Corp.), 220 B.R. 660 (B.A.P. 9th Cir. 1998).
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Siegel v. Boston (In Re Sale Guar. Corp.), 220 B.R. 660 (B.A.P. 9th Cir. 1998). · cites it 4× “10 *667 The Trustee contends that under California Probate Code sections 18100 and 18103, constructive knowledge of the resulting trust does not prevent him from taking title free of that trust as a bona fide purchaser.”
Wood v. Jamison, 167 Cal. App. 4th 156 (Cal. Ct. App. 2008). “2 Probate Code section 18100 provides: “With respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, if the third person acts in good faith and for a valuable consideration and without actual knowledge that the trustee is…”
Corrie v. Soloway, 216 Cal. App. 4th 436 (Cal. Ct. App. 2013). “2d 490 ] [Prob. Code, § 18100 excuses third parties who deal with the trustee from investigating the trustee’s powers except where they have actual knowledge of a breach of the trust]; Prob.”
Schiavon v. Arnaudo Bros., 84 Cal. App. 4th 374 (Cal. Ct. App. 2000). “) 3 Probate Code section 18100 provides as follows: “With respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, if the third person acts in good faith and for a valuable consideration and without actual knowledge that the…”
In re Rodriguez, 488 B.R. 675 (Bankr. E.D. Cal. 2013). “Peterson may resubmit his Application with an affidavit that satisfies the statutory requirements found in California Probate Code §§ 18100 to 13104.”
Adler v. Manor Healthcare Corp., 7 Cal. App. 4th 1110 (Cal. Ct. App. 1992). “It explains: “Probate Code § 18100 appears to change the rules found in several of the former Civil Code sections, particularly CC § 870.”
Boren v. Jordan, No. B334970 (Cal. Ct. App. May 26, 2026). · cites it 2× “Because there is no substantial evidence Wallace was the lawful successor trustee, Probate Code section 18100 (“Protection of third person dealing with trustee”) and section 18100.”
Snead v. Wright, No. 3:19-cv-00092 (D. Alaska July 10, 2025). “48 See Cal. Prob. Code § 18100 : With respect to a third person dealing with a trustee .”
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