Title PROB, California Prob. Code

An affidavit or verified petition shall be received as evidence when offered in an uncontested proceeding under this code. (Enacted by Stats. 1990, Ch. 79.)

If a petitioner, objector, or respondent is absent from the county or for some other cause is unable to sign or verify a petition, objection, or response filed pursuant to this code, the person’s attorney may sign or verify the petition, objection, or response unless the person i…

(a) To obtain authority to administer the estate under this part, the personal representative shall petition the court for that authority either in the petition for appointment of the personal representative or in a separate petition filed in the estate proceedings. (b) The petit…

(a) If the authority to administer the estate under this part is requested in the petition for appointment of the personal representative, notice of the hearing on the petition shall be given for the period and in the manner applicable to the petition for appointment. (b) Where p…

Unless an interested person objects as provided in Section 1043 to the granting of authority to administer the estate under this part and the court determines that the objecting party has shown good cause why the authority to administer the estate under this part should not be gr…

(a) If the personal representative is otherwise required to file a bond and has full authority, the court, in its discretion, shall fix the amount of the bond at not more than the estimated value of the personal property, the estimated value of the decedent’s interest in the real…

(a) Any interested person may file a petition requesting that the court make either of the following orders: (1) An order revoking the authority of the personal representative to continue administration of the estate under this part. (2) An order revoking the full authority of th…

(a) At any time after four months from the issuance of letters: (1) The personal representative may file a petition requesting an allowance on the compensation of the personal representative. (2) The personal representative or the attorney for the personal representative may file…

(a) At the time of the filing of the final account and petition for an order for final distribution: (1) The personal representative may petition the court for an order fixing and allowing the personal representative’s compensation for all services rendered in the estate proceedi…

Notwithstanding Sections 10830 and 10831, the court may allow compensation to the personal representative or to the attorney for the personal representative for extraordinary services before final distribution when any of the following requirements is satisfied: (a) It appears li…

(a) On its own motion or on petition of an interested person, the court may order an account at any time. (b) The court shall order an account on petition of an interested person made more than one year after the last account was filed or, if no previous account has been filed, m…

The personal representative shall file a final account and petition for an order for final distribution of the estate when the estate is in a condition to be closed. (Enacted by Stats. 1990, Ch. 79.)

A personal representative who resigns or is removed from office or whose authority is otherwise terminated shall, unless the court extends the time, file an account not later than 60 days after termination of authority. If the personal representative fails to so file the account,…

(a) As used in this section: (1) “Incapacitated” means lack of capacity to serve as personal representative. (2) “Legal representative” means the personal representative of a deceased personal representative or the conservator of the estate of an incapacitated personal representa…

(a) Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distribution from the estate: (1) The person has executed and filed a written waiver …

(a) Debts shall be paid in the following order of priority among classes of debts, except that debts owed to the United States or to this state that have preference under the laws of the United States or of this state shall be given the preference required by such laws: (1) Expen…

Subject to Section 11420, as soon as the personal representative has sufficient funds, after retaining sufficient funds to pay expenses of administration, the personal representative shall pay the following: (a) Funeral expenses. (b) Expenses of last illness. (c) Family allowance…

(a) Except as provided in Section 11421, the personal representative is not required to pay a debt until payment has been ordered by the court. (b) On the settlement of any account of the personal representative after the expiration of four months after the date letters are first…

(a) Interest accrues on a debt from the date the court orders payment of the debt until the date the debt is paid. Interest accrues at the legal rate on judgments. (b) Notwithstanding subdivision (a), in the case of a debt based on a written contract, interest accrues at the rate…

The personal representative shall pay a debt to the extent of the order for payment of the debt, and is liable personally and on the bond, if any, for failure to make the payment. (Enacted by Stats. 1990, Ch. 79.)

(a) If an estate is in all other respects ready to be closed, and it appears to the satisfaction of the court, on affidavit or evidence taken in open court, that a debt has not been and cannot be paid because the creditor cannot be found, the court or judge shall make an order fi…

(a) Where the accounts of the personal representative have been settled and an order made for the payment of debts and distribution of the estate, a creditor who is not paid, whether or not included in the order for payment, has no right to require contribution from creditors who…

At any time after letters are first issued to a general personal representative and before an order for final distribution is made, the personal representative, or any person claiming to be a beneficiary or otherwise entitled to distribution of a share of the estate, may file a p…

Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) Each person listed in Section 1220. (b) Each known heir whose interest in the estate would be affected by the petition. (c) Each known devisee whose interest in t…

(a) Any interested person may appear and, at or before the time of the hearing, file a written statement of the person’s interest in the estate. The written statement may be in support of, or in opposition to, the petition. No other pleadings are necessary and the written stateme…

The Attorney General shall be deemed to be a person entitled to distribution of the estate for purposes of this chapter if the estate involves or may involve any of the following: (a) A charitable trust, other than a charitable trust with a designated trustee that may lawfully ac…

(a) The court shall consider as evidence in the proceeding any statement made in a petition filed under Section 11700 and any statement of interest filed under Section 11702. The court shall not hear or consider a petition filed after the time prescribed in Section 11700. (b) (1)…

(a) The court shall make an order that determines the persons entitled to distribution of the decedent’s estate and specifies their shares. (b) When the court order becomes final it binds and is conclusive as to the rights of all interested persons. (Enacted by Stats. 1990, Ch. 7…

Unless otherwise expressly provided, a notice or other paper that is required or permitted to be delivered to a person shall be delivered pursuant to one of the following methods: (a) Delivery by mail. (1) A notice or other paper shall be delivered by mail as follows: (A) By firs…

If a notice or other paper is required to be served or otherwise given and no other manner of giving the notice or other paper is specified by statute, the notice or other paper shall be delivered pursuant to Section 1215. (Amended by Stats. 2017, Ch. 319, Sec. 20. (AB 976) Effec…

(a) When the personal representative has complied with the terms of the order for final distribution and has filed the appropriate receipts or the court has excused the filing of a receipt as provided in Section 11753, the court shall, on ex parte petition, make an order discharg…

(a) At any time after appointment of a personal representative and whether or not letters have been issued, if it appears there is no property of any kind belonging to the estate and subject to administration, the personal representative may petition for the termination of furthe…

If subsequent administration of an estate is necessary after the personal representative has been discharged because other property is discovered or because it becomes necessary or proper for any other cause, both of the following shall apply: (a) The court shall appoint as perso…

(a) For the purposes of this part: (1) Any property or interest or lien thereon that, at the time of the decedent’s death, was held by the decedent as a joint tenant, or in which the decedent had a life or other interest terminable upon the decedent’s death, or that was held by t…

For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent’s property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. (…

In making an appraisal for the purposes of this part, the probate referee shall use the date of the decedent’s death as the date of valuation of the property. (Enacted by Stats. 1990, Ch. 79.)

(a) Except as provided in subdivision (b), this part applies whether the decedent died before, on, or after July 1, 1987. (b) This part does not apply and the law in effect at the time of payment, delivery, or transfer shall apply if the payment, delivery, or transfer was made pr…

A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 630 to 632, inclusive, repealed by Chapter 783, Statutes of 1986, shall be deemed to be a reference to the comparable provisions of Chapter 3 (commenc…

(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 preven…

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 g…

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. (Added by Stats. 1997, Ch. 724, Sec. 11. Effective January 1,…

(a) Except as provided in Section 13541, after 40 days from the death of a spouse, the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse has full power to sell, convey, lease, mortgage, or otherwise deal …

(a) Section 13540 does not apply to a sale, conveyance, lease, mortgage, or other disposition that takes place after a notice that satisfies the requirements of this section is recorded in the office of the county recorder of the county in which real property is located. (b) The …

The repeal of former Section 649.2 by Chapter 783 of the Statutes of 1986 does not affect any sale, lease, mortgage, or other transaction or disposition of real property made prior to July 1, 1987, to which that section applied, and such a sale, lease, mortgage, or other transact…

(a) After the death of a spouse, the surviving spouse, or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse has full power to sell, assign, pledge, or otherwise deal with and dispose of community or quasi-community property …

Except as otherwise specifically provided in this division, there is no right to trial by jury in proceedings under this division. (Enacted by Stats. 1990, Ch. 79.)