California Codes

Cal. Probate Code § 3602 (2026)

✓ current as of May 2026
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(a)If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid, delivered, deposited, or invested as provided in Article 2 (commencing with Section 3610).

(b)Except as provided in subdivisions (c) and (d), if there is a guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid or delivered to the guardian or conservator of the estate. Upon application of the guardian or conservator, the court making the order or giving the judgment referred to in Section 3600 or the court in which the guardianship or conservatorship proceeding is pending may, with or without notice, make an order that all or part of the money paid or to be paid to the guardian or conservator under this subdivision be deposited or invested as provided in Section 2456.

(c)Upon ex parte petition of the guardian or conservator or upon petition of any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may for good cause shown order one or more of the following:

(1)That all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court.

(2)If there is a guardianship of the estate of the minor, that all or part of the remaining balance of money and other property not become a part of the guardianship estate and instead be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).

(3)That all or part of the remaining balance of money and other property not become a part of the guardianship estate and, instead, be transferred to the trustee of a trust which is either created by, or approved of, in the order or judgment described in Section 3600. This trust shall be revocable by the minor upon attaining 18 years of age, and shall contain other terms and conditions, including, but not limited to, terms and conditions concerning trustee’s accounts and trustee’s bond, as the court determines to be necessary to protect the minor’s interests.

(d)Upon petition of the guardian, conservator, or any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may order that all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be paid to a special needs trust established under Section 3604 for the benefit of the minor or person with a disability.

(e)If the petition is by a person other than the guardian or conservator, notice of hearing on a petition under subdivision (c) shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.

(f)Notice of the time and place of hearing on a petition under subdivision (d), and a copy of the petition, shall be delivered pursuant to Section 1215 to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least 15 days before the hearing.

Notes of Decisions
Cited in 17 cases (8 in the last 5 years), 1996–2025 · leading case: Shewry v. Arnold
Shewry v. Arnold, 2004 Cal. Daily Op. Serv. 11226 (Cal. Ct. App. 2004). “(Prob. Code, § 3602.) The court must review and approve the terms of the special needs trust to ensure that they satisfy requirements of Probate Code section 3604.”
Sisco v. Cosgrove, Michelizzi, Schwabacher, Ward, 96 Cal. Daily Op. Serv. 9483 (Cal. Ct. App. 1996). “” (Prob. Code, §§3602, subd. (c)(1), 3611, subd.”
Shen v. Club Med SAS (S.D. Cal. 2019). · cites it 2× “) 6 See Cal. Prob. Code § 3602 (c)(1) (providing as option that funds be deposited into 28 1 performed; the novelty and difficulty of the questions involved and skills required; the 2 amount involved and the results obtained; and the experience and ability of the attorney.”
McGee v. State Dept. of Health Care Servs. (Cal. Ct. App. 2023). “§ 1396p(d)(4)(A); Prob. Code, §§ 3602, subd. (d), 3604, 3605 (statutory section citations that follow are found in the Probate Code unless otherwise stated); Herting v.”
L.L. v. Keppel Union Sch. Dist. (C.D. Cal. 2023). “15 This Court has discretion, pursuant to California Probate Code § 3602(c)(2), to order L.”
Fitzgerald v. Papa Murphy's Int'l, LLC (E.D. Cal. 2019). “25 || See CAL. PROB. CODE § 3602(c)(1). The settlement comports with this provision by providing 26 || that the balance of the settlement be placed in a structured settlement annuity with Pacific Life and 27 || Annuity Services, Inc.”
Jones v. City of Sacramento (E.D. Cal. 2024). “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 court order” under Cal. Prob. Code § 3602 (c));…”
Jones v. City of Sacramento (E.D. Cal. 2024). “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 to court order” under Cal. Prob. Code § 3602…”
The Est. of Valeria Tachiquin Alvarado v. Tackett (S.D. Cal. 2019). “20 See Cal. Prob. Code § 3602 (c)(1) (providing as option that funds be deposited into a 21 deferred annuity).”
R.N. v. United States of Am. (S.D. Cal. 2019). “See CAL. PROB. CODE § 3602(c)(1) (providing as 23 option that funds be deposited into a deferred annuity).”
Shen v. Club Med SAS (S.D. Cal. 2019). “16 Prob. Code § 3602(c)(1) (providing as option that funds be deposited into a single-premium 17 deferred annuity).”
Hernandez v. United States of Am. (S.D. Cal. 2020). “See CAL. PROB. CODE § 3602(c)(1) (providing as option that funds be deposited into 15 a deferred annuity).”
— Cal. Probate Code § 3602(b) — 1 case
— Cal. Probate Code § 3602(c)(1) — 5 cases
Fitzgerald v. Papa Murphy's Int'l, LLC (E.D. Cal. 2019). “25 || See CAL. PROB. CODE § 3602(c)(1). The settlement comports with this provision by providing 26 || that the balance of the settlement be placed in a structured settlement annuity with Pacific Life and 27 || Annuity Services, Inc.”
R.N. v. United States of Am. (S.D. Cal. 2019). “See CAL. PROB. CODE § 3602(c)(1) (providing as 23 option that funds be deposited into a deferred annuity).”
Shen v. Club Med SAS (S.D. Cal. 2019). “16 Prob. Code § 3602(c)(1) (providing as option that funds be deposited into a single-premium 17 deferred annuity).”
Hernandez v. United States of Am. (S.D. Cal. 2020). “See CAL. PROB. CODE § 3602(c)(1) (providing as option that funds be deposited into 15 a deferred annuity).”
Evans (S.D. Cal. 2025).
— Cal. Probate Code § 3602(c)(2) — 1 case
L.L. v. Keppel Union Sch. Dist. (C.D. Cal. 2023). “15 This Court has discretion, pursuant to California Probate Code § 3602(c)(2), to order L.”
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