0 chapters · 1,160 sections in this title.
Prob. Code § 8201 Section 8201
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If, on petition to the superior court of the county in which the estate of the decedent is being or may be administered alleging that a person has possession of a decedent’s will, the court is satisfied that the allegation is true, the court shall order the person to produce the …
Prob. Code § 8202 Section 8202
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If the will of a person who was domiciled in this state at the time of death is detained in a court of any other state or country and cannot be produced for probate in this state, a certified photographic copy of the will may be admitted to probate in this state with the same for…
Prob. Code § 8203 Section 8203
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If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the testator’s estate, that court may order the will transferred to the clerk of the superior court in a county in which such a proceeding is pending. A pet…
Prob. Code § 8220 Section 8220
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Unless there is a contest of a will: (a) The will may be proved on the evidence of one of the subscribing witnesses only, if the evidence shows that the will was executed in all particulars as prescribed by law. (b) Evidence of execution of a will may be received by an affidavit …
Prob. Code § 8221 Section 8221
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If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may, if the will on its face conforms to all requirements of law, permit proof of the will by proof of the handwriting of the testator and one of the following: (…
Prob. Code § 8222 Section 8222
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A holographic will may be proved in the same manner as other writings. (Enacted by Stats. 1990, Ch. 79.)
Prob. Code § 8223 Section 8223
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The petition for probate of a lost or destroyed will shall include a written statement of the testamentary words or their substance. If the will is proved, the provisions of the will shall be set forth in the order admitting the will to probate. (Enacted by Stats. 1990, Ch. 79.)
Prob. Code § 8224 Section 8224
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The testimony of each witness in a proceeding concerning the execution or provisions of a will, the testamentary capacity of the decedent, and other issues of fact, may be reduced to writing, signed by the witness, and filed, whether or not the will is contested. The testimony so…
Prob. Code § 8225 Section 8225
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When the court admits a will to probate, that fact shall be recorded in the minutes by the clerk and the will shall be filed. (Enacted by Stats. 1990, Ch. 79.)
Prob. Code § 8226 Section 8226
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(a) If no person contests the validity of a will or petitions for revocation of probate of the will within the time provided in this chapter, admission of the will to probate is conclusive, subject to Section 8007. (b) Subject to subdivision (c), a will may be admitted to probate…
Prob. Code § 8250 Section 8250
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(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…
Prob. Code § 8251 Section 8251
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(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…
Prob. Code § 8252 Section 8252
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(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 …
Prob. Code § 8253 Section 8253
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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 …
Prob. Code § 8254 Section 8254
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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.)
Prob. Code § 8270 Section 8270
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(a) Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than a person who had actual notice of a will contest in time to have joined in the contest, may petition the court to revoke the probate of the will. Th…
Prob. Code § 8271 Section 8271
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(a) On the filing of the petition, a summons shall be directed to the personal representative and to the heirs and devisees of the decedent, so far as known to the petitioner. The summons shall contain a direction that the persons summoned file with the court a written pleading i…
Prob. Code § 8272 Section 8272
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(a) If it appears on satisfactory proof that the will should be denied probate, the court shall revoke the probate of the will. (b) Revocation of probate of a will terminates the powers of the personal representative. The personal representative is not liable for any otherwise pr…
Prob. Code § 8900 Section 8900
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The appraisal of property in the inventory shall be made by the personal representative, probate referee, or independent expert as provided in this chapter. (Enacted by Stats. 1990, Ch. 79.)
Prob. Code § 8901 Section 8901
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The personal representative shall appraise the following property, excluding items whose fair market value is, in the opinion of the personal representative, an amount different from the face value of the property: (a) Money and other cash items. As used in this subdivision, a “c…
Prob. Code § 8902 Section 8902
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Except as otherwise provided by statute: (a) The personal representative shall deliver the inventory to the probate referee designated by the court, together with necessary supporting data to enable the probate referee to make an appraisal of the property in the inventory to be a…
Prob. Code § 8903 Section 8903
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(a) The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section. (b) The personal representative may apply for a waiver together with the petition for appointment of the personal representative or together with another petition, or m…
Prob. Code § 8904 Section 8904
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(a) A unique, artistic, unusual, or special item of tangible personal property that would otherwise be appraised by the probate referee may, at the election of the personal representative, be appraised by an independent expert qualified to appraise the item. (b) The personal repr…
Prob. Code § 8905 Section 8905
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A person who appraises property, whether a personal representative, probate referee, or independent expert, shall sign the appraisal as to property appraised by that person, and shall take and subscribe an oath that the person has truly, honestly, and impartially appraised the pr…
Prob. Code § 8906 Section 8906
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(a) At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the court a written objection to the appraisal. (b) The clerk shall fix a time, not less than 15 days after the filing, for a…
Prob. Code § 8907 Section 8907
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Neither the personal representative nor the attorney for the personal representative is entitled to receive compensation for extraordinary services by reason of appraising any property in the estate.
Prob. Code § 8908 Section 8908
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A probate referee who appraises property in the estate shall, upon demand by the personal representative or by a beneficiary: (a) Provide any appraisal report or backup data in the possession of the probate referee used by the referee to appraise an item of property. The probate …
Prob. Code § 8909 Section 8909
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A probate referee who appraises property in an estate shall retain possession of all appraisal reports and backup data used by the referee to appraise the property for a period of three years after the appraisal is filed. The probate referee shall, during the three-year period, o…
Prob. Code § 8920 Section 8920
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The probate referee, when designated by the court, shall be among the persons appointed by the Controller to act as a probate referee for the county. If there is no person available who is able to act or if, pursuant to authority of Section 8922 or otherwise, the court does not d…
Prob. Code § 8921 Section 8921
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The court may designate a person requested by the personal representative as probate referee, on a showing by the personal representative of good cause for the designation. The following circumstances are included within the meaning of good cause, as used in this section: (a) The…
Prob. Code § 8922 Section 8922
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The court has authority and discretion not to designate a particular person as probate referee even though appointed by the Controller to act as a probate referee for the county. (Enacted by Stats. 1990, Ch. 79.)
Prob. Code § 8923 Section 8923
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The court may not designate as probate referee any of the following persons: (a) The court clerk. (b) A partner or employee of the judge or commissioner who orders the designation. (c) The spouse of the judge or commissioner who orders the designation. (d) A person, or the spouse…
Prob. Code § 8924 Section 8924
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(a) The court shall remove the designated probate referee in any of the following circumstances: (1) The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. T…
Prob. Code § 8940 Section 8940
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(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…
Prob. Code § 8941 Section 8941
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(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…
Prob. Code § 8960 Section 8960
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(a) The commission and expenses provided by this article as compensation for the services of the probate referee shall be paid from the estate. (b) The probate referee may not withhold the appraisal until the commission and expenses are paid, but shall deliver the appraisal to th…
Prob. Code § 8961 Section 8961
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As compensation for services the probate referee shall receive all of the following: (a) A commission of one-tenth of one percent of the total value of the property for each estate appraised, subject to Section 8963. The commission shall be computed excluding property appraised b…
Prob. Code § 8963 Section 8963
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(a) Notwithstanding Section 8961 and subject to subdivision (b), the commission of the probate referee shall in no event be less than seventy-five dollars ($75) nor more than ten thousand dollars ($10,000) for any estate appraised. (b) Upon application of the probate referee, the…
Prob. Code § 8964 Section 8964
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If more than one probate referee appraises or participates in the appraisal of property in the estate, each is entitled to the share of the commission agreed upon by the referees or, absent an agreement, that the court allows. In no case shall the total commission for all referee…
Prob. Code § 8980 Section 8980
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If an inventory is delivered to a probate referee for appraisal before July 1, 1989, all matters relating to the appraisal by the referee, including the property to be included in the appraisal, waiver of the appraisal, and compensation of the referee, are governed by the applica…