Title PROB, California Prob. Code

(a) An account shall include both a financial statement and a report of administration as provided in Chapter 4 (commencing with Section 1060) of Part 1 of Division 3, and this section. (b) The statement of liabilities in the report of administration shall include the following i…

On court order, or on request by an interested person filed with the clerk and a copy served on the personal representative, the personal representative shall produce for inspection and audit by the court or interested person the documents specified in the order or request that s…

When a personal representative receives assets from the conservator of a deceased conservatee or the guardian of a deceased ward, the personal representative may incorporate by reference any accounting provided by the conservator or guardian for the decedent for the period subseq…

(a) Except as otherwise provided in this code, this part governs notice required or permitted under this code. (b) This part does not apply to notice under a particular provision to the extent that the particular provision is inconsistent with this part. (c) This part does not ap…

If a person is required to give notice, the person required to give the notice need not give the notice to himself or herself or to any other person who joins in the petition. (Enacted by Stats. 1990, Ch. 79.)

Where the court determines that the notice otherwise required is insufficient in the particular circumstances, the court may require that further or additional notice, including a longer period of notice, be given. (Enacted by Stats. 1990, Ch. 79.)

(a) Subject to subdivision (b), unless the particular provision governing the notice of hearing provides that the time for giving notice may not be shortened, the court may, for good cause, shorten the time for giving a notice of hearing. (b) Unless the particular provision gover…

A person, including a guardian ad litem, guardian, conservator, trustee, or other fiduciary, may waive notice by a writing signed by the person or the person’s attorney and filed in the proceeding. (Enacted by Stats. 1990, Ch. 79.)

If a hearing is continued or postponed, no further notice of the continued or postponed hearing is required unless ordered by the court. (Enacted by Stats. 1990, Ch. 79.)

(a) Subject to subdivision (b), where notice is required to be given to known heirs or known devisees, notice shall be given to the following persons: (1) If the estate is an intestate estate, to the heirs named in the petition for letters of administration and to any additional …

(a) Subject to subdivision (b), where notice is required to be given to a decedent’s beneficiaries, devisees, or heirs, notice need not be given to a person who, because of a possible parent-child relationship between a stepchild and a stepparent or between a foster child and a f…

(a) Except as provided in subdivision (b), if notice is required to be given to a trust or trustee, notice to trust beneficiaries is not required. (b) Subject to subdivision (c), where the personal representative and the trustee are the same person, or where no trustee has been a…

(a) If notice is required to be given to the State of California, the notice shall be given to the Attorney General. (b) If notice is required to be given to the Attorney General, the notice shall be delivered pursuant to Section 1215 to the Attorney General at the office of the …

If an interested person has a guardian or conservator of the estate who resides in this state, personal service on the guardian or conservator of any process, notice, or court order concerning a decedent’s estate is equivalent to service on the ward or conservatee, and it is the …

If a notice is required by this code and no other type of notice is prescribed by law, by the Judicial Council, or by the court or judge, the notice shall be in substantially the following form: SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE (CITY AND) COUNTY OF _______ Estate…

Unless the court dispenses with the notice, if the address of the person to whom a notice or other paper is required to be delivered pursuant to Section 1215 is not known, notice shall be given as the court may require in the manner provided in Section 413.30 of the Code of Civil…

(a) The following persons shall deliver pursuant to Section 1215 a notice, as described in Section 1211, to a surety who has filed a court bond in a proceeding: (1) A person who files a petition to surcharge. (2) A person who files an objection to an account. (3) A person who fil…

If a notice or other paper is required or permitted to be served or delivered pursuant to Section 1215 to a person who is represented by an attorney of record, the notice or other paper shall also be delivered pursuant to Section 1215 to this attorney, unless otherwise specified …

The personal representative shall either petition for an order for final distribution of the estate or make a report of status of administration not later than the following times: (a) In an estate for which a federal estate tax return is not required, within one year after the d…

If a report of status of administration is made under Section 12200: (a) The report shall show the condition of the estate, the reasons why the estate cannot be distributed and closed, and an estimate of the time needed to close administration of the estate. (b) The report shall …

(a) The court may, on petition of any interested person or on its own motion, for good cause shown on the record, cite the personal representative to appear before the court and show the condition of the estate and the reasons why the estate cannot be distributed and closed. (b) …

(a) For purposes of this chapter, continuation of the administration of the estate in order to pay a family allowance is not in the best interests of the estate or interested persons unless the court determines both of the following: (1) The family allowance is needed by the reci…

Failure of the personal representative to comply with an order made under this chapter is grounds for removal from office. (Enacted by Stats. 1990, Ch. 79.)

(a) The court may reduce the compensation of the personal representative or the attorney for the personal representative by an amount the court determines to be appropriate if the court makes all of the following determinations: (1) The time taken for administration of the estate…

A limitation in a will of the time for administration of an estate is directory only and does not limit the power of the personal representative or the court to continue administration of the estate beyond the time limitation in the will if the continuation is necessary. (Enacted…

Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. (Enacted by Stats. 1990, Ch. 79.)

“Ancillary administration” means proceedings in this state for administration of the estate of a nondomiciliary decedent. (Enacted by Stats. 1990, Ch. 79.)

“Foreign nation” means a jurisdiction other than a state of the United States. (Enacted by Stats. 1990, Ch. 79.)

“Foreign nation personal representative” means a personal representative appointed in a jurisdiction other than a state of the United States. (Enacted by Stats. 1990, Ch. 79.)

“Local personal representative” means a nondomiciliary decedent’s personal representative appointed in this state. (Enacted by Stats. 1990, Ch. 79.)

“Nondomiciliary decedent” means a person who dies domiciled in a sister state or foreign nation. (Enacted by Stats. 1990, Ch. 79.)

“Sister state” means a state other than this state. (Enacted by Stats. 1990, Ch. 79.)

“Sister state personal representative” means a personal representative appointed in a sister state. (Enacted by Stats. 1990, Ch. 79.)

In all proceedings governed by this code, an appeal may be taken from the making of, or the refusal to make, any of the following orders: (a) Directing, authorizing, approving, or confirming the sale, lease, encumbrance, grant of an option, purchase, conveyance, or exchange of pr…

Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. (Enacted by Stats. 1990, Ch. 79.)

“Holder of the decedent’s property” or “holder” means, with respect to any particular item of property of the decedent, the person owing money to the decedent, having custody of tangible personal property of the decedent, or acting as registrar or transfer agent of the evidences …

(a) “Particular item of property” means: (1) Particular personal property of the decedent which is sought to be collected, received, or transferred by the successor of the decedent under Chapter 3 (commencing with Section 13100). (2) Particular real property of the decedent, or p…

“Property of the decedent,” “decedent’s property,” “money due the decedent,” and similar phrases, include property that becomes part of the decedent’s estate on the decedent’s death, whether by designation of the estate as beneficiary under an insurance policy on the decedent’s l…

“Successor of the decedent” means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent’s will. For the purposes of this part, a trust is a beneficiary under the…

“Proceeding” means either that a petition is currently pending in this state for administration of a decedent’s estate under Division 7 (commencing with Section 7000), a special administrator for the decedent’s estate has been appointed in this state and is now serving, or a pers…

With respect to guardianships, conservatorships, and other protective proceedings, the grant or refusal to grant the following orders is appealable: (a) Granting or revoking of letters of guardianship or conservatorship, except letters of temporary guardianship or temporary conse…

The following rules apply with respect to the California Conservatorship Jurisdiction Act (Chapter 8 (commencing with Section 1980) of Part 3 of Division 4): (a) (1) An appeal may be taken from an order assessing expenses against a party under Section 1997 if the amount exceeds f…

With respect to a power of attorney governed by the Power of Attorney Law (Division 4.5 (commencing with Section 4000)), an appeal may be taken from any of the following: (a) Any final order under Section 4541, except an order pursuant to subdivision (c) of Section 4541. (b) An o…

With respect to an advance health care directive governed by the Health Care Decisions Law (Division 4.7 (commencing with Section 4600)), an appeal may be taken from any of the following: (a) Any final order under Section 4766. (b) An order dismissing the petition or denying a mo…

With respect to a decedent’s estate, the grant or refusal to grant the following orders is appealable: (a) Granting or revoking letters to a personal representative, except letters of special administration or letters of special administration with general powers. (b) Admitting a…

With respect to a trust, the grant or denial of the following orders is appealable: (a) Any final order under Chapter 3 (commencing with Section 17200) of Part 5 of Division 9, except the following: (1) Compelling the trustee or trust director to submit an account or report acts …