Cal. Codes » Probate Code

Cal. Probate Code § 3611

Find cases: SyfertCases citing this section CA-LEGleginfo.legislature.ca.gov JustiaCode on Justia CornellLII Search CasesGoogle Scholar

In any case described in Section 3610, the court making the order or giving the judgment referred to in Section 3600 shall, upon application of counsel for the minor or person with a disability, order any one or more of the following:

(a)That a guardian of the estate or conservator of the estate be appointed and that the remaining balance of the money and other property be paid or delivered to the person so appointed.

(b)That the remaining balance of any money paid or to be paid 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 the authorization of the court, and that the remaining balance of any other property delivered or to be delivered be held on conditions the court determines to be in the best interest of the minor or person with a disability.

(c)After a hearing by the court, that the remaining balance of any money and other property be paid to a special needs trust established under Section 3604 for the benefit of the minor or person with a disability. Notice of the time and place of the hearing and a copy of the petition shall be mailed 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.

(d)If the remaining balance of the money to be paid or delivered does not exceed twenty thousand dollars ($20,000), that all or any part of the money be held on any other conditions the court in its discretion determines to be in the best interest of the minor or person with a disability.

(e)If the remaining balance of the money and other property to be paid or delivered does not exceed five thousand dollars ($5,000) in value and is to be paid or delivered for the benefit of a minor, that all or any part of the money and the other property be paid or delivered to a parent of the minor, without bond, upon the terms and under the conditions specified in Article 1 (commencing with Section 3400) of Chapter 2.

(f)If the remaining balance of the money and other property to be paid or delivered is to be paid or delivered for the benefit of the minor, that all or any part of the money and other property 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).

(g)That the remaining balance of the money and other property be paid or delivered to the trustee of a trust which is created by, or approved of, in the order or judgment referred to in Section 3600. This trust shall be revocable by the minor upon attaining the age of 18 years, 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.

(h)That the remaining balance of any money paid or to be paid be deposited with the county treasurer, if all of the following conditions are met:

(1)The county treasurer has been authorized by the county board of supervisors to handle the deposits.

(2)The county treasurer shall receive and safely keep all money deposited with the county treasurer pursuant to this subdivision, shall pay the money out only upon the order of the court, and shall credit each estate with the interest earned by the funds deposited less the county treasurer’s actual cost authorized to be recovered under Section 27013 of the Government Code.

(3)The county treasurer and sureties on the official bond of the county treasurer are responsible for the safekeeping and payment of the money.

(4)The county treasurer shall ensure that the money deposited is to earn interest or dividends, or both, at the highest rate which the county can reasonably obtain as a prudent investor.

(5)Funds so deposited with the county treasurer shall only be invested or deposited in compliance with the provisions governing the investment or deposit of state funds set forth in Chapter 5 (commencing with Section 16640) of Part 2 of Division 4 of Title 2 of the Government Code, the investment or deposit of county funds set forth in Chapter 4 (commencing with Section 53600) of Part 1 of Division 2 of Title 5 of the Government Code, or as authorized under Chapter 6 (commencing with Section 2400) of Part 4.

(i)That the remaining balance of the money and other property be paid or delivered to the person with a disability.

Notes of Decisions
Cited in 43 cases (33 in the last 5 years), 1987–2026 · leading case: Great-West Life & Annuity Insurance v. Knudson
Sort: Relevance Newest Treatment
Great-West Life & Annuity Insurance v. Knudson (2002) scotus · cites it 2× “30 to a Special Needs Trust under Cal. Prob. Code Ann. § 3611 (West 1991 and Supp.”
IBEW-NECA Southwestern Health & Benefit Fund v. Douthitt (2002) txnd “In Great-West Life, the settlement proceeds were placed in a Special Needs Trust account under Cal. Prob.Code Ann. § 3611 (West 1991 and Supp.”
Christensen v. Superior Court (1987) calctapp · cites it 2× “(b)), and disposition of the proceeds requires a court order (Prob. Code, § 3611). Probate Code section 3611 lists the court’s options for ordering the money invested or delegating that task to another.”
Sisco v. COSGROVE, MICHELIZZI, SCHWABACHER, WARD (1996) calctapp “8 (Prob. Code, § 3611.) 9 None of these provisions authorize the minor, the minor’s parent, a guardian ad litem or the court to designate a beneficiary of settlement funds in the event of the minor’s death.”
John Doe v. Camp Pendleton & Quantico Housing, LLC (2020) casd · cites it 6× “¶ 18; Cal. Prob. Code § 3611 . Therefore, the Court required 14 Plaintiffs to propose alternative methods of disbursement.”
John Doe v. Camp Pendleton & Quantico Housing, LLC (2020) casd · cites it 3× “Cal. Prob. Code § 3611 . Magistrate Judge Goddard properly 4 found that John Doe 2’s settlement proceeds, being less than $5,000, can be disbursed to 5 his mother Jane Doe to be held in trust for him until he reaches the age of majority if (1) 6 the total estate of the minor,…”
Motlagh v. Macy's Corporate Services, Inc. (2020) casd · cites it 3× “Cal. Prob. Code § 3611 (a). Should a 14 party request this disbursement method, the Civil Local Rules provide that “a certified copy 15 of the guardianship letters and a state court certificate must be filed with the clerk prior to 16 any distribution to the guardian unless…”
S.V. v. Delano Union Elementary School District (2020) caed · cites it 2× “2 3 Cal. Prob. Code § 3611 (b) (emphasis added).”
S.G.P. v. Tehachapi Unified School District (2022) caed · cites it 2× “§ 529A that enables disabled individuals to save for disability-related expenses 21 by putting money into tax-advantaged investments, while protecting their eligibility for means- 22 23 6 Petitioners note that under the California Probate Code § 3611, “the court making the order…”
Castro v. U.S. Customs and Border Protection (2022) casd · cites it 2× “]” Cal. Prob. Code § 3611 (b). 18 Thus, the terms of the proposed blocked account adequately protect B.”
Tipton v. Camp Pendleton & Quantico Housing LLC (2022) casd · cites it 2× “’s settlement amounts do not exceed $5,000 and can thus be 24 paid or delivered to their parent pursuant to Cal. Prob. Code § 3611 (e). This payment must 25 follow the terms and conditions in Cal.”
L.C.C v. The United States of America (2022) casd · cites it 2× “] As required 9 by California Probate Code Section 3611, the proposed Trust is revocable by L.”
Show all 43 citing cases →
— Cal. Probate Code § 3611(a) — 2 cases
Palomares v. City of Arvin (2023) caed
Motlagh v. Macy's Corporate Services, Inc. (2020) casd “Cal. Prob. Code § 3611 (a). Should a 14 party request this disbursement method, the Civil Local Rules provide that “a certified copy 15 of the guardianship letters and a state court certificate must be filed with the clerk prior to 16 any distribution to the guardian unless…”
— Cal. Probate Code § 3611(b) — 4 cases
In the Matter of the Complaint of Star & Crescent Boat Co., dba Flagship Cruises & Events (2021) casd
Martinez v. Nienow (2024) casd
Brenda Martinez, Pedro Bernal, and A.B., a minor, by and through her Guardian ad Litem, William Phippard v. Shalon Nieno (2025) casd
Sharron Harville; A.C., a minor, by and through her guardian ad litem Dametrous Harville; and A.P., a minor, by and thro (2025) casd
— Cal. Probate Code § 3611(c) — 1 case
Garot v. County of San Diego (2025) casd
— Cal. Probate Code § 3611(d) — 2 cases
John Doe v. Camp Pendleton & Quantico Housing, LLC (2020) casd “¶ 18; Cal. Prob. Code § 3611 . Therefore, the Court required 14 Plaintiffs to propose alternative methods of disbursement.”
John Doe v. Camp Pendleton & Quantico Housing, LLC (2020) casd “Cal. Prob. Code § 3611 . Magistrate Judge Goddard properly 4 found that John Doe 2’s settlement proceeds, being less than $5,000, can be disbursed to 5 his mother Jane Doe to be held in trust for him until he reaches the age of majority if (1) 6 the total estate of the minor,…”
— Cal. Probate Code § 3611(f) — 2 cases
K.H. v. Antioch Unified School District (2020) cand
Abdullah v. City and County of San Francisco (2020) cand
— Cal. Probate Code § 3611(g) — 2 cases
NeSmith v. County of San Diego (2022) casd
L.C.C v. The United States of America (2022) casd “] As required 9 by California Probate Code Section 3611, the proposed Trust is revocable by L.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.