Title PROB, California Prob. Code

All matters relating to an account may be contested for cause shown, including, but not limited to: (a) The validity of an allowed or approved claim not reported in a previous account and not established by judgment. (b) The value of property for purposes of distribution. (c) Act…

(a) The court may conduct any hearing that may be necessary to settle the account, and may cite the personal representative to appear before the court for examination. (b) The court may appoint one or more referees to examine the account and make a report on the account, subject …

(a) If the court determines that the contest was without reasonable cause and in bad faith, the court may award against the contestant the compensation and costs of the personal representative and other expenses and costs of litigation, including attorney’s fees, incurred to defe…

The personal representative shall be allowed all necessary expenses in the administration of the estate, including, but not limited to, necessary expenses in the care, management, preservation, and settlement of the estate. (Enacted by Stats. 1990, Ch. 79.)

If a debt has been paid within the time prescribed in Section 9154 but without a claim having been filed and established in the manner prescribed by statute, in settling the account the court shall allow the amount paid if all of the following are proven: (a) The debt was justly …

If it appears that a debt of the decedent has been paid or is payable in whole or in part by the surviving spouse, or that a debt of the surviving spouse has been paid or is payable in whole or in part from property in the decedent’s estate, the personal representative, the survi…

The petition shall include a statement of all of the following: (a) All debts of the decedent and surviving spouse known to the petitioner that are alleged to be subject to allocation and whether paid in whole or part or unpaid. (b) The reason why the debts should be allocated. (…

If it appears from the petition that allocation would be affected by the value of the separate property of the surviving spouse and any community property and quasi-community property not administered in the estate and if an inventory and appraisal of the property has not been pr…

The petitioner shall give notice of the hearing as provided in Section 1220, together with a copy of the petition and the order to show cause, if any. (Enacted by Stats. 1990, Ch. 79.)

(a) The personal representative and the surviving spouse may provide for allocation by agreement and, on a determination by the court that the agreement substantially protects the rights of interested persons, the allocation provided in the agreement shall be ordered by the court…

On making a determination as provided in this chapter, the court shall make an order that: (a) Directs the personal representative to make payment of the amounts allocated to the estate by payment to the surviving spouse or creditors. (b) Directs the personal representative to ch…

Notwithstanding any other statute, funeral expenses and expenses of last illness shall be charged against the estate of the decedent and shall not be allocated to, or charged against the community share of, the surviving spouse, whether or not the surviving spouse is financially …

(a) The personal representative is responsible for distribution of the property in the estate in compliance with the terms of the court order for distribution. (b) A distributee may demand, sue for, and recover from the personal representative or any person in possession, propert…

The personal representative shall obtain the receipt of the distributee for property in the estate distributed by the personal representative. In the case of real property, the personal representative shall record the court order for distribution or the personal representative’s …

If personal property in the possession of a distributee is subject to possession by the distributee for life only, the personal representative shall demand an inventory of the property from the distributee. On receipt, the personal representative shall file the inventory with the…

(a) Distribution in compliance with the court order entitles the personal representative to a full discharge with respect to property included in the order. (b) The personal representative shall, before or at the time of the petition for discharge, file receipts for all property …

Expenses of administration of the estate shall include reasonable storage, delivery, and shipping costs for distribution of tangible personal property to a distributee. (Added by Stats. 1994, Ch. 806, Sec. 34. Effective January 1, 1995.)

(a) If notice of hearing is required to be given as provided in this section: (1) At least 15 days before the time set for the hearing, the petitioner or the person filing the report, account, or other paper shall cause notice of the time and place of the hearing to be delivered …

Where notice of hearing is required but no other period or manner is prescribed by statute, unless the period or manner of giving the notice is ordered by the court or judge, the notice of hearing shall be given for the period and in the manner provided in Section 1220. (Enacted …

If a nondomiciliary decedent’s property in this state satisfies the requirements of Section 13100, a sister state personal representative may, without petitioning for ancillary administration, use the affidavit procedure provided by Chapter 3 (commencing with Section 13100) of Pa…

The effect of payment, delivery, or transfer of personal property to the sister state personal representative pursuant to this chapter, and the effect of failure to do so, are governed by Chapter 3 (commencing with Section 13100) of Part 1 of Division 8. (Enacted by Stats. 1990, …

The sister state personal representative may bring an action against a holder of the decedent’s property, and may be awarded attorney’s fees, as provided in subdivision (b) of Section 13105. (Enacted by Stats. 1990, Ch. 79.)

A sister state personal representative who takes property by affidavit under this chapter is not liable as a person to whom payment, delivery, or transfer of the decedent’s property is made under Section 13109 or 13110 to the extent that the sister state personal representative r…

Excluding the property described in Section 13050 and any property included in a petition filed under Section 13151, if the gross value of the decedent’s real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), …

The following definitions apply for the purposes of this chapter: (a) “Transferee” means a person to whom payment, delivery, or transfer of property is made under this chapter. (b) “Transferred property” means property that is paid, delivered, or transferred pursuant to an affida…

(a) To collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred under this chapter, an affidavit or a declaration under penalty of perjury under the laws of this state shall be furnished …

(a) If the decedent had evidence of ownership of the property described in the affidavit or declaration and the holder of the property would have had the right to require presentation of the evidence of ownership before the duty of the holder to pay, deliver, or transfer the prop…

If the estate of the decedent includes any real property in this state, the affidavit or declaration shall be accompanied by an inventory and appraisal of the real property. The inventory and appraisal of the real property shall be made as provided in Part 3 (commencing with Sect…

(a) Reasonable proof of the identity of each person executing the affidavit or declaration shall be provided to the holder of the decedent’s property. (b) Reasonable proof of identity is provided for the purposes of this section if both of the following requirements are satisfied…

(a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied: (1) The person or persons executing the affidavit or declaration as successor of the decedent are entitled to have the property described in the affidavit or declaration paid, delivered, or transferred …

(a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied, receipt by the holder of the decedent’s property of the affidavit or declaration constitutes sufficient acquittance for the payment of money, delivery of property, or changing registered ownership of pr…

(a) If the particular item of property transferred under this chapter is a debt or other obligation secured by a lien on real property and the instrument creating the lien has been recorded in the office of the county recorder of the county where the real property is located, the…

Where the money or property claimed in an affidavit or declaration presented under this chapter is that of a deceased heir or devisee of a deceased person whose estate is being administered in this state, the personal representative of the person whose estate is being administere…

Where the money or property claimed in an affidavit or declaration executed under this chapter is the subject of a pending action or proceeding in which the decedent was a party, the successor of the decedent shall, without procuring letters of administration or awaiting probate …

(a) The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (1) No proceeding for the administration of the decedent’s estate is pending or has been conducted in this state. (2) The decedent’s personal representative consents in …

(a) A transferee is personally liable, to the extent provided in this section for the unsecured debts of the decedent. That debt may be enforced against the transferee in the same manner as it could have been enforced against the decedent if the decedent had not died. In any acti…

(a) If proceedings for the administration of the decedent’s estate are commenced, a transferee is personally liable to the estate for a share of the decedent’s unsecured debts. (b) In calculating the transferee’s share of liability under subdivision (a), the abatement rules provi…

(a) Except as provided in subdivision (b), a transferee is personally liable to any person having a superior right to the transferred property by testate or intestate succession from the decedent. Except as provided in subdivision (b), the personal liability established by this s…

(a) If proceedings for the administration of a decedent’s estate are commenced, a transferee may voluntarily return transferred property to the decedent’s estate for administration. (b) The property to be restored to the estate under this section shall be reduced or increased as …

(a) If property is paid, delivered, or transferred to a transferee under this chapter, and the decedent’s personal representative determines that another person has a superior right to the property by testate or intestate succession from the decedent, the personal representative …

The remedies available under Sections 13109 to 13111, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing. (Amended by Stats. 2022, Ch. 29, Sec. 10. (AB 1716) Effective January 1, 2023.)

(a) If the transferee’s action or inaction increased the value of property returned to the estate or decreased the estate’s obligations, the personal representative shall reimburse the transferee by the same amount. Actions or inaction that increase the value of returned property…

(a) A public administrator who has taken possession or control of property of a decedent under Article 1 (commencing with Section 7600) of Chapter 4 of Part 1 of Division 7 may refuse to pay money or deliver property pursuant to this chapter if payment of the costs and fees descr…

If transferred property is returned to the estate under Sections 13110.5 or 13111, the value of that property shall be included in the total value of the estate, for all purposes. (Added by Stats. 2022, Ch. 29, Sec. 12. (AB 1716) Effective January 1, 2023.)

The procedure provided in this chapter may not be used to obtain possession or the transfer of real property. (Enacted by Stats. 1990, Ch. 79.)

The procedure provided in this chapter is in addition to and supplemental to any other procedure for (1) collecting money due to a decedent, (2) receiving tangible personal property of a decedent, or (3) having evidence of ownership of property of a decedent transferred. Nothing …