Probate Appeals

Chapter 1 of Part 3 of Division 3 of the Probate Code deals with appeals. Section 1300 provides that, in all proceedings governed by this code, an appeal may be taken from the making of, or the refusal to make, any of the eleven specified orders.

Section 1301 states that, with respect to guardianships, conservatorships, and other protective proceedings, the grant or refusal to grant the seven specified orders is appealable.

Section 1301.5 says that the specified rules apply with respect to the California Conservatorship Jurisdiction Act. An appeal may be taken from an order assessing expenses against a party if the amount exceeds $5,000. An appeal may be taken from an order denying a petition to transfer a conservatorship to another state.

Section 1302 states that, with respect to a power of attorney governed by the Power of Attorney Law, an appeal may be taken from any of the two specified orders.

Section 1302.5 explains that, with respect to an advance health care directive governed by the Health Care Decisions Law, an appeal may be taken from any of the two specified orders.

Section 1303 provides that, with respect to a decedent’s estate, the grant or refusal to grant the eleven specified orders is appealable.

Section 1304 states that, with respect to a trust, the grant or denial of the six specified orders is appealable.

Chapter 2 deals with the effect of an appeal. Section 1310 provides that an appeal stays the operation and effect of the judgment or order. For the purpose of preventing injury or loss to a person or property, the trial court may direct the exercise of the powers of the fiduciary, or may appoint a temporary guardian or conservator of the person or estate, or both, or a special administrator or temporary trustee, to exercise the powers, from time to time, as if no appeal were pending.

All acts of the fiduciary pursuant to the directions of the court made under this subdivision are valid, irrespective of the result of the appeal. An appeal of the directions made by the court under this subdivision does not stay these directions.

Section 1311 states that, if an order appointing a fiduciary is reversed on appeal for error, all acts of the fiduciary performed after issuance of letters and prior to the reversal are as valid as though the order were affirmed and the person appointed is not liable for any otherwise proper act done in good faith before the reversal, nor is any transaction void by reason of the reversal if entered into with a third person dealing in good faith and for value.

Section 1312 explains that an appeal may be taken from an order or the refusal to make an order fixing an inheritance tax or determining that none is due.