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Cal. Probate Code § 3400 (2026)

✓ current as of May 2026
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(a)As used in this article, “total estate of the minor” includes both the money and other property belonging to the minor and the money and other property belonging to the guardianship estate, if any, of the minor.

(b)In computing the “total estate of the minor” for the purposes of this article, all of the following shall be deducted:

(1)“Custodial property” held pursuant to the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).

(2)Any money or property subject to court order pursuant to subdivision (c) of Section 3602 or Article 2 (commencing with Section 3610) of Chapter 4.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2020–2024 · leading case: Jones v. City of Sacramento (E.D. Cal. 2024).
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Jones v. City of Sacramento (E.D. Cal. 2024). “” (collecting 4 cases)); see also Cal. Prob. Code § 3400 (excluding from the definition and 5 computation of the “total estate of the minor” any “’Custodial property’ held pursuant 6 to the California Uniform Transfers to Minor Act” and “[a]ny money or property subject 7 to…”
Jones v. City of Sacramento (E.D. Cal. 2024). “” (collecting cases)); see also Cal. Prob. Code § 3400 (excluding from 10 | the definition and computation of the “total estate of the minor” any “Custodial 11 | property’ held pursuant to the California Uniform Transfers to Minor Act” and “[a]ny 12 | money or property subject…”
John Doe v. Camp Pendleton & Quantico Hous., LLC (S.D. Cal. 2020). “Disbursement of John Doe 2’s net settlement proceeds 16 Although John Doe 2’s net settlement amount does not exceed $5,000 and can thus 17 be paid or delivered to his parent pursuant to § 3611(e), such payment must accord with 18 terms and conditions set forth in Cal. Prob. Code…”
Tipton v. Camp Pendleton & Quantico Hous. LLC (S.D. Cal. 2022). “This payment must 25 follow the terms and conditions in Cal. Prob. Code § 3400 . Cal. Prob. Code § 3611 (e).”
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