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Cal. Probate Code § 3401 (2026)

✓ current as of May 2026
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(a)Where a minor does not have a guardian of the estate, money or other property belonging to the minor may be paid or delivered to a parent of the minor entitled to the custody of the minor to be held in trust for the minor until the minor reaches majority if the requirements of subdivision (c) are satisfied.

(b)Where the minor has a guardian of the estate, all the money and other property belonging to the guardianship estate may be paid or delivered to a parent entitled to the custody of the minor to be held in trust for the minor until the minor reaches majority if the requirements of subdivision (c) are satisfied.

(c)This section applies only if both of the following requirements are satisfied:

(1)The total estate of the minor, including the money and other property to be paid or delivered to the parent, does not exceed five thousand dollars ($5,000) in value.

(2)The parent to whom the money or other property is to be paid or delivered gives the person making the payment or delivery written assurance, verified by the oath of such parent, that the total estate of the minor, including the money or other property to be paid or delivered to the parent, does not exceed five thousand dollars ($5,000) in value.

Notes of Decisions
Cited in 12 cases (10 in the last 5 years), 2020–2025 · leading case: John Doe v. Camp Pendleton & Quantico Hous., LLC (S.D. Cal. 2020).
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John Doe v. Camp Pendleton & Quantico Hous., LLC (S.D. Cal. 2020). · cites it 4× “Cal. Prob. Code § 3401 (a), (c). 28 1 In their Supplemental Brief, Plaintiffs propose that John Doe 2’s portion of the 2 settlement proceeds be paid and delivered to his mother Jane Doe in accordance with these 3 provisions, and that Jane Doe agrees to proceed under these…”
John Doe v. Camp Pendleton & Quantico Hous., LLC (S.D. Cal. 2020). · cites it 3× “Cal. Prob. Code § 3401 ; § 3611(e). Adjusting 11 the proposed settlement outlined in Option 1 of the Supplemental Brief to correct 12 mathematical errors, the proposed method of disbursement of John Doe 1’s net settlement 13 proceeds is also permissible under the California…”
Martinez v. Venegas (S.D. Cal. 2023). · cites it 3× “Cal. Prob. Code §§ 3401 , 3611(e). 12 IV.”
Reyes v. Cnty. of Kern (E.D. Cal. 2023). “See Cal. Prob. Code §§ 3401 , 3611(e). 14 Here, the Court requires additional clarification about the petition’s proposed method of 15 distribution.”
Jones v. City of Sacramento (E.D. Cal. 2024). “” Cal. Prob. Code § 3401 (c)(2), see 25 Cal.”
Tipton v. Camp Pendleton & Quantico Hous. LLC (S.D. Cal. 2022). “Cal. Prob. Code § 3401 (a), (c). 6 The proposed disbursement of each Minor Plaintiff’s settlement amount meets both 7 requirements of Section 3401, as each minor Plaintiff is receiving a net amount of $3,750 8 and Mr.”
Clover v. Camp Pendleton & Quantico Hous. LLC (S.D. Cal. 2023). “See Cal. Prob. Code §§ 3401 , 12 3611(e). As for Minor Plaintiff J.”
Langley v. Guiding Hands Sch., Inc. (E.D. Cal. 2024). “25 26 4 The Court notes that while the settlement amount exceeds $5,000, as structured, the settlement does not fall afoul of Cal. Prob. Code § 3401 (c)(2) as the settlement funds are not placed in the possession of 27 Plaintiff’s parent or guardian in trust but placed in a…”
Langley v. Guiding Hands Sch., Inc. (E.D. Cal. 2024). “26 6 The Court notes that while the settlement amount exceeds $5,000, as structured, the settlement does not fall afoul of Cal. Prob. Code § 3401 (c)(2) as the settlement funds are not placed in the possession of 27 Plaintiff’s parent or guardian in trust but placed in a blocked…”
D.J.M.J. v. City of Lincoln (E.D. Cal. 2025). “See Cal. Prob. Code § 3401 (c)(2); Cal. 27 Prob.”
Ortiz v. Cnty. of Trinity (E.D. Cal. 2025). “See Cal. Prob. Code § 3401 (c)(2); Cal. 27 Prob.”
K.D. (E.D. Cal. 2025). “See Cal. Prob. Code § 3401 (c)(2); Cal. Prob.”
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