SECTIONS 370-374 - California Statutes

PROBATE CODE

SECTION 370-374

370. If a fiduciary is engaged in war service, on petition of the
fiduciary, a cofiduciary, or an interested person, the court may do
any one or more of the following:
(a) Appoint a substitute fiduciary. If there is a qualified and
acting cofiduciary, the court is not required to appoint a substitute
fiduciary but may vest in the cofiduciary the powers of the original
fiduciary engaged in war service.
(b) Order a suspension of the powers and duties of the original
fiduciary for the period the original fiduciary is engaged in war
service and until further order of the court.
(c) Order an account by the original fiduciary.

371. A substitute fiduciary has all the powers, including
discretionary powers, that the original fiduciary had, except powers
that the court determines are purely personal to the original
fiduciary, and is subject to the same duties as the original
fiduciary.

372. Except as otherwise ordered by the court, a substitute
fiduciary shall give a bond in the manner and to the extent provided
by law for the original fiduciary.

373. After the expiration of an original fiduciary's war service,
if the estate has not been closed, the original fiduciary, on
petition, is entitled to reinstatement as fiduciary. On
reinstatement, the substitute fiduciary may, in the discretion of the
court, be removed and may be discharged on conditions prescribed by
the court.

374. A substitute fiduciary or an original fiduciary reinstated
under Section 373 is not liable for the acts or omissions of the
predecessor fiduciary.