ARTICLE 2. Commencement of Proceeding [3110. - 3113.]

Cal. Probate Code - PROB 2.
in effect

Cal. Probate Code - PROB § 3110. Section 3110.

(a) A proceeding under this chapter shall be brought by a petition filed in the superior court. (b) The proper county for commencement of the proceeding is the county in which a conservatorship proceeding of one of the spouses is pending. If a conservatorship proceeding is not pending, then in either of the following: (1) The county in which one or both of the spouses resides. (2) Any other county as may be in the best interests of the spouses.

Cal. Probate Code - PROB § 3111. Section 3111.

(a) Except as provided in subdivision (b), any of the following persons may file, or join in, a petition under this chapter: (1) Either spouse, whether or not the spouse has legal capacity. (2) The conservator of either spouse. (b) If the petition requests approval of a proposed transaction, at least one of the petitioners shall be either a conservator or a spouse having legal capacity for the transaction.

Cal. Probate Code - PROB § 3112. Section 3112.

(a) If a petitioning spouse is one whose legal capacity for the proposed transaction is to be determined in the proceeding, the court may do any of the following: (1) Permit the spouse to appear without a representative. (2) Appoint a guardian ad litem for the spouse. (3) Take such other action as the circumstances warrant. (b) If a petitioning spouse lacks legal capacity for the proposed transaction, the court may do either of the following: (1) Require the spouse to be represented by the conservator of the spouse. (2) Appoint a guardian ad litem for the spouse.

Cal. Probate Code - PROB § 3113. Section 3113.

A proceeding may be brought under this chapter by the conservator of a spouse, or by a spouse having legal capacity for the proposed transaction, without the necessity of appointing a conservator for the other spouse.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026

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