Estate Planning Documents and Attorneys

Division 2, Part 15 of the Probate Code deals with deposit of estate planning documents with an attorney. Chapter 1 deals with definitions.

Section 1 provides definitions. Section 700 states that the definitions in this chapter govern the construction of this part.

Section 701 defines the term “attorney.”

Section 702 defines the term “deposit.”

Section 703 defines the term “depositor.”

Section 704 defines the term “document.”

Chapter 2 deals with duties and liabilities of attorneys.

Section 710 provides that, if a document is deposited with an attorney, the attorney, and a successor attorney that accepts transfer of the document, are required to use ordinary care for preservation of the document.

Section 711 states that, if a document deposited with an attorney is lost or destroyed, the attorney is required to give notice of the loss or destruction to the depositor by one of the two specified methods.

Section 712 explains that the attorney is not liable for loss or destruction of the document if the depositor has actual notice of the loss or destruction and a reasonable opportunity to replace the document, and the attorney offers without charge either to assist the depositor in replacing the document, or to prepare a substantially similar document and assist in its execution.

Section 713 says that the acceptance by an attorney of a document for deposit imposes no duty on the attorney to do either of two specified actions.

Section 714 provides that, if provided in a written agreement signed by the depositor, an attorney may charge the depositor for compensation and expenses incurred in safekeeping or delivery of a document deposited with the attorney.

Section 715 allows an attorney to give written notice to a depositor, and obtain written acknowledgment from the depositor, in the specified form.

Section 716 provides that, if an attorney has given written notice to the depositor, and has obtained written acknowledgment from the depositor, the attorney, and a successor attorney that accepts transfer of a document, is required to use at least slight care for preservation of a document deposited with the attorney.