Title PROB, California Prob. Code

Each beneficiary is personally liable to the extent provided in Section 5674 for the unsecured debts of the transferor. Any such debt may be enforced against the beneficiary in the same manner as it could have been enforced against the transferor if the transferor had not died. I…

(a) A beneficiary is not liable under Section 5672 if proceedings for the administration of the transferor’s estate are commenced and the beneficiary satisfies the requirements of Section 5677 or 5678. (b) The personal liability of a beneficiary under Section 5672 shall not excee…

(a) If proceedings for the administration of the transferor’s estate are commenced, a beneficiary of a revocable transfer on death deed is personally liable to the estate for a share of the transferor’s unsecured debts. (b) In calculating the beneficiary’s share of liability unde…

(a) If proceedings for the administration of the transferor’s estate are commenced, a beneficiary who receives property from the transferor under a revocable transfer on death deed may voluntarily return that property to the transferor’s estate for administration. (b) Property re…

(a) When a will is contested under Section 8004, the contestant shall file with the court an objection to probate of the will. Thereafter, a summons shall be issued and served, with a copy of the objection, on the persons required by Section 8110 to be served with notice of heari…

(a) The petitioner and any other interested person may jointly or separately answer the objection or demur to the objection within the time prescribed in the summons. (b) Demurrer may be made on any of the grounds of demurrer available in a civil action. If the demurrer is sustai…

(a) At the trial, the proponents of the will have the burden of proof of due execution. The contestants of the will have the burden of proof of lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. If the will is opposed by the petition …

At the trial, each subscribing witness shall be produced and examined. If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may admit the evidence of other witnesses to prove the due execution of the will. (Enacted …

The court may make appropriate orders, including orders sustaining or denying objections, and shall render judgment either admitting the will to probate or rejecting it, in whole or in part, and appointing a personal representative. (Enacted by Stats. 1990, Ch. 79.)

(a) The probate referee shall promptly and with reasonable diligence appraise the property scheduled for appraisal by the probate referee in the inventory that the personal representative delivers to the referee. (b) The probate referee shall, not later than 60 days after deliver…

(a) The court shall, on petition of the personal representative or probate referee, or may, on the court’s own motion, hear the report of the status of the appraisal. The court may issue a citation to compel the personal representative or the probate referee to attend the hearing…

The personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (Enacted by Stats. 1990, Ch. 79.)

In addition to the powers granted to the personal representative by other sections of this chapter, the personal representative has all the powers that the personal representative could exercise without court supervision under this code if the personal representative had not been…

The personal representative has the power to do all of the following: (a) Allow, pay, reject, or contest any claim by or against the estate. (b) Compromise or settle a claim, action, or proceeding by or for the benefit of, or against, the decedent, the personal representative, or…

The personal representative has the power to do all of the following: (a) Commence and maintain actions and proceedings for the benefit of the estate. (b) Defend actions and proceedings against the decedent, the personal representative, or the estate. (Enacted by Stats. 1990, Ch.…

The personal representative has the power to extend, renew, or in any manner modify the terms of an obligation owing to or in favor of the decedent or the estate. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to convey or transfer property in order to carry out the exercise of a specific power granted by this part. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to pay all of the following: (a) Taxes and assessments. (b) Expenses incurred in the collection, care, and administration of the estate. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to purchase an annuity from an insurer admitted to do business in this state to satisfy a devise of an annuity or other direction in the will for periodic payments to a devisee. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to exercise an option right that is property of the estate. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to purchase securities or commodities required to perform an incomplete contract of sale where the decedent died having sold but not delivered securities or commodities not owned by the decedent. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to hold a security in the name of a nominee or in any other form without disclosure of the estate, so that title to the security may pass by delivery. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to exercise security subscription or conversion rights. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to make repairs and improvements to real and personal property of the estate. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage or sale under the deed of trust. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to give a partial satisfaction of a mortgage or to cause a partial reconveyance to be executed by a trustee under a deed of trust held by the estate. (Enacted by Stats. 1990, Ch. 79.)

(a) The following definitions apply for purposes of this section: (1) “Capital distribution” means an entity distribution of money that is either of the following: (A) A return of capital. (B) A distribution in total or partial liquidation of the entity. (2) “Entity” means a corp…

A fiduciary shall allocate to income an amount received as a distribution of income, including a unitrust distribution under Article 3 (commencing with Section 16330), from a trust or estate in which the fiduciary has an interest, other than an interest the fiduciary purchased in…

(a) This section applies to a business or other activity conducted by a fiduciary if the fiduciary determines that it is in the interests of the beneficiaries to account separately for the business or other activity instead of doing either of the following: (1) Accounting for the…

A fiduciary shall allocate to principal any of the following: (a) To the extent not allocated to income under this chapter, an asset received from any of the following: (1) An individual, during the individual’s lifetime. (2) An estate. (3) A trust, on termination of an income in…

To the extent a fiduciary does not account for the management of rental property as a business under Section 16342, the fiduciary shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease.…

(a) This section does not apply to an obligation to which Section 16348, 16349, 16350, 16351, 16353, 16354, or 16355 applies. (b) A fiduciary shall allocate to income, without provision for amortization of premium, an amount received as interest on an obligation to pay money to t…

(a) This section does not apply to a contract to which Section 16348 applies. (b) Except as otherwise provided in subdivision (c), a fiduciary shall allocate to principal the proceeds of a life insurance policy or other contract received by the fiduciary as beneficiary, including…

(a) If a fiduciary determines that an allocation between income and principal required by Section 16348, 16349, 16350, 16351, or 16354 is insubstantial, the fiduciary may allocate the entire amount to principal, unless subdivision (e) of Section 16327 applies to the allocation. (…

(a) The following definitions apply for purposes of this section: (1) “Internal income of a separate fund” means the amount determined under subdivision (b). (2) “Marital trust” means a trust that meets all the following criteria: (A) The settlor’s surviving spouse is the only cu…

(a) For purposes of this section, “liquidating asset” means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a limited time. The term includes a leasehold, patent, copyright, royalty right, and right to receive payments during …

(a) To the extent a fiduciary does not account for a receipt from an interest in minerals, water, or other natural resources as a business under Section 16432, the fiduciary shall allocate the receipt in the following manner: (1) To income, to the extent received: (A) As delay re…

(a) To the extent a fiduciary does not account for receipts from the sale of timber and related products as a business under Section 16342, the fiduciary shall allocate the net receipts: (1) To income, to the extent the amount of timber cut from the land does not exceed the rate …

(a) If a trust received property for which a gift or estate tax marital deduction was allowed and the settlor’s spouse holds a mandatory income interest in the trust, the spouse may require the trustee, to the extent the trust assets otherwise do not provide the spouse with suffi…

(a) For purposes of this section, “derivative” means a contract, instrument, other arrangement, or combination of contracts, instruments, or other arrangements, the value, rights, and obligations of which are, in whole or in part, dependent on or derived from an underlying tangib…

(a) Except as otherwise provided in subdivision (b), a fiduciary shall allocate to income a receipt from or related to an asset-backed security, to the extent the payor identifies the payment as being from interest or other current return, and to principal the balance of the rece…

A fiduciary shall allocate receipts from, or related to, a financial instrument or arrangement not otherwise addressed by this chapter. The allocation shall be consistent with the principles of Sections 16353 and 16354. (Repealed and added by Stats. 2023, Ch. 28, Sec. 2. (SB 522)…

(a) Except as provided in subdivision (b), upon the filing of the petition, the clerk shall issue a citation to each nonpetitioning spouse alleged to lack legal capacity for the proposed transaction, setting forth the time and place of hearing. The citation and a copy of the peti…

(a) At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the time and place of the hearing and a copy of the petition to be served upon any nonpetitioning spouse not alleged to lack legal capacity for the proposed transaction. (b) Service un…

As used in this article, “transaction” means a transaction affecting title to property in the estate, including, but not limited to, the following: (a) In the case of real property, a conveyance (including a sale, option, or order confirming a sale or option), a lease, the creati…

If a transaction affecting real property in the estate is executed by the personal representative in accordance with the terms of a court order, the instrument shall include a statement that the transaction is made by authority of the order authorizing or directing the transactio…