California Codes

Cal. Probate Code § 18201 (2026)

✓ current as of May 2026

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Any settlor whose trust property is subject to the claims of creditors pursuant to Section 18200 shall be entitled to all exemptions as provided in Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.

Notes of Decisions

Cited in 5 cases, 1988–2006 · leading case: In Re Barnes, 275 B.R. 889 (Bankr. E.D. Cal. 2002).

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In Re Barnes, 275 B.R. 889 (Bankr. E.D. Cal. 2002). “” Cal. Probate Code § 18201 . In this case, because the debtors made the trusts irrevocable, they are not permitted to exempt assets of the trusts.”

In re Bogetti, 349 B.R. 14 (Bankr. E.D. Cal. 2006). · cites it 2× “See Cal. Probate Code § 18201 . 6. Therefore, the court overruled the objections to the debtors’ homestead exemption pursuant to Cal.”

Heywood v. Mun. Court, 198 Cal. App. 3d 1438 (Cal. Ct. App. 1988). · cites it 2× “Probate Code section 18201 6 provides, under these circumstances, the property of the Trust which at the death of the settlor was subject to his power of revocation is subject to the claims of creditors of the estate.”

Bank One Texas, N.A. v. Pollack, 94 Cal. Daily Op. Serv. 3149 (Cal. Ct. App. 1994). “2 Probate Code section 18201 was repealed by Statutes 1991, chapter 992, section 2, but continues to apply to the estates of those who died before January 1, 1992.”

Krantz v. Comm'r, 64 T.C.M. 158 (Tax Ct. 1992). “The California Code provision upon which petitioners rely, California Probate Code section 18201 (1991), does not purport to authorize the trustee of a revocable trust to act *421 as the personal representative of a decedent, and therefore has no relevance here.”

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