SECTIONS 1310-1312 - California Statutes

PROBATE CODE

SECTION 1310-1312

1310. (a) Except as provided in subdivisions (b), (c), (d), and
(e), an appeal pursuant to Chapter 1 (commencing with Section 1300)
stays the operation and effect of the judgment or order.
(b) Notwithstanding that an appeal is taken from 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 shall not stay these
directions.
(c) In proceedings for guardianship of the person, Section 917.7
of the Code of Civil Procedure shall apply.
(d) An appeal shall not stay the operation and effect of the
judgment or order if the court requires an undertaking, as provided
in Section 917.9 of the Code of Civil Procedure, and the undertaking
is not given.
(e) An appeal shall not stay the operation and effect of a
judgment for money or an order directing payment of money, unless one
of the following applies:
(1) A bond is posted as provided in Section 917.1 of the Code of
Civil Procedure.
(2) The payment is to be made from a decedent's estate being
administered under Division 7 (commencing with Section 7000) or from
the estate of a person who is subject to a guardianship or
conservatorship of the estate under Division 4 (commencing with
Section 1400). However, a court may require a bond as provided in
subdivision (d).

1311. 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.

1312. Notwithstanding the repeal of former Section 1297 by Chapter
1199 of the Statutes of 1988, 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.