Cal. PROB § 3012
This is the official text of Cal. PROB § 3012, part of California’s Probate Code — governs wills, trusts, estates, and conservatorships.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Official statutory text
(a) Unless the spouse lacks legal capacity under the applicable standard prescribed in subdivision (b), a spouse has legal capacity to:
(1) Manage and control community property, including legal capacity to dispose of community property.
(2) Join in or consent to a transaction involving community property.
(b) A spouse lacks legal capacity to:
(1) Manage and control, including legal capacity to dispose of, community property if the spouse is substantially unable to manage or control the community property.
(2) Join in or consent to a transaction involving community property if the spouse does not have legal capacity for the particular transaction measured by principles of law otherwise applicable to the particular transaction.
(3) Do any act, or engage in any activity, described in paragraph (1) or (2) if the spouse has a conservator.
(c) Nothing in this section shall be construed to deny a spouse, whether or not lacking legal capacity, any of the following:
(1) The right to control an allowance provided under Section 2421.
(2) The right to control wages or salary to the extent provided in Section 2601.
(3) The right to make a will.
(4) The right to enter into transactions to the extent reasonable to provide the necessities of life to the spouse, the other spouse, and the minor children of the spouses.
(1) Manage and control community property, including legal capacity to dispose of community property.
(2) Join in or consent to a transaction involving community property.
(b) A spouse lacks legal capacity to:
(1) Manage and control, including legal capacity to dispose of, community property if the spouse is substantially unable to manage or control the community property.
(2) Join in or consent to a transaction involving community property if the spouse does not have legal capacity for the particular transaction measured by principles of law otherwise applicable to the particular transaction.
(3) Do any act, or engage in any activity, described in paragraph (1) or (2) if the spouse has a conservator.
(c) Nothing in this section shall be construed to deny a spouse, whether or not lacking legal capacity, any of the following:
(1) The right to control an allowance provided under Section 2421.
(2) The right to control wages or salary to the extent provided in Section 2601.
(3) The right to make a will.
(4) The right to enter into transactions to the extent reasonable to provide the necessities of life to the spouse, the other spouse, and the minor children of the spouses.
Status: in_force · Read it on the official government site
Dealing with a probate matter in California?
See all California Probate lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.