Title PROB — California Prob. Code

If a person is not named as executor in a will but it appears by the terms of the will that the testator intended to commit the execution of the will and the administration of the estate to the person, the person is entitled to appointment as personal representative in the same m…

(a) The testator may by will confer on a person the power to designate an executor or coexecutor, or successor executor or coexecutor. The will may provide that the persons so designated may serve without bond. (b) A designation shall be in writing and filed with the court. Unles…

If the executor named in the will is a trust company that has sold its business and assets to, has consolidated or merged with, or is in any manner provided by law succeeded by, another trust company, the court may, and to the extent required by the Banking Law (Division 1 (comme…

(a) If a person named as executor is under the age of majority and there is another person named as executor, the other person may be appointed and may administer the estate until the majority of the minor, who may then be appointed as coexecutor. (b) If a person named as executo…

If the court does not appoint all the persons named in the will as executors, those appointed have the same authority to act in every respect as all would have if appointed. (Enacted by Stats. 1990, Ch. 79.)

An administrator with the will annexed shall be appointed as personal representative if no executor is named in the will or if the sole executor or all the executors named in the will have waived the right to appointment or are for any reason unwilling or unable to act. (Enacted …

(a) Except as provided in subdivision (b), persons and their nominees are entitled to appointment as administrator with the will annexed in the same order of priority as for appointment of an administrator. (b) A person who takes under the will has priority over a person who does…

(a) Subject to subdivision (b), an administrator with the will annexed has the same authority over the decedent’s estate as an executor named in the will would have. (b) If the will confers a discretionary power or authority on an executor that is not conferred by law and the wil…

(a) If the decedent dies intestate, the court shall appoint an administrator as personal representative. (b) The court may appoint one or more persons as administrator. (Enacted by Stats. 1990, Ch. 79.)

Subject to the provisions of this article, a person in the following relation to the decedent is entitled to appointment as administrator in the following order of priority: (a) Surviving spouse or domestic partner as defined in Section 37. (b) Children. (c) Grandchildren. (d) Ot…

The surviving spouse or domestic partner of the decedent, a relative of the decedent, or a relative of a predeceased spouse or domestic partner of the decedent, has priority under Section 8461 only if one of the following conditions is satisfied: (a) The surviving spouse, domesti…

If the surviving spouse is a party to an action for separate maintenance, annulment, or dissolution of the marriage of the decedent and the surviving spouse, and was living apart from the decedent on the date of the decedent’s death, the surviving spouse has priority next after b…

If a person otherwise entitled to appointment as administrator is a person under the age of majority or a person for whom a guardian or conservator of the estate has been appointed, the court in its discretion may appoint the guardian or conservator or another person entitled to …

(a) The court may appoint as administrator a person nominated by any of the following persons: (1) A person otherwise entitled to appointment. (2) A person who would otherwise be entitled for appointment but who is ineligible for appointment under paragraph (4) of subdivision (a)…

If a person whose only priority is that of a creditor claims appointment as administrator, the court in its discretion may deny the appointment and appoint another person. (Enacted by Stats. 1990, Ch. 79.)

If several persons have equal priority for appointment as administrator, the court may appoint one or more of them, or if such persons are unable to agree, the court may appoint the public administrator or a disinterested person in the same or the next lower class of priority as …

If persons having priority fail to claim appointment as administrator, the court may appoint any person who claims appointment. (Enacted by Stats. 1990, Ch. 79.)

(a) For good cause, the court may allow the priority given by Section 8461 to a conservator or guardian of the estate of the decedent serving in that capacity at the time of death that has not filed a first account, or that is acting as guardian or conservator for another person,…

(a) Except as otherwise provided by statute, every person appointed as personal representative shall, before letters are issued, give a bond approved by the court. If two or more persons are appointed, the court may require either a separate bond from each or a joint and several …

(a) A bond is not required in either of the following cases: (1) The will waives the requirement of a bond. (2) All beneficiaries waive in writing the requirement of a bond and the written waivers are attached to the petition for appointment of a personal representative. This par…

(a) The court in its discretion may fix the amount of the bond, but the amount of the bond shall be not more than the sum of: (1) The estimated value of the personal property. (2) The probable annual gross income of the estate. (3) If independent administration is granted as to r…

(a) This section applies where property in the estate has been deposited pursuant to Chapter 3 (commencing with Section 9700) of Part 5 on condition that the property, including any earnings thereon, will not be withdrawn except on authorization of the court. (b) In a proceeding …

If a personal representative petitions to have the amount of the bond reduced, the petition shall include an affidavit setting forth the condition of the estate and notice of hearing shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)

A personal representative who petitions for substitution or release of a surety shall file with the petition an account in the form provided in Section 10900. The court shall not order a substitution or release unless the account is approved. (Enacted by Stats. 1990, Ch. 79.)

The personal representative shall be allowed the reasonable cost of the bond for every year it remains in force. (Enacted by Stats. 1990, Ch. 79.)

The provisions of the Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure) apply to a bond given under this division, except to the extent this division is inconsistent. (Enacted by Stats. 1990, Ch. 79.)

(a) In case of a breach of a condition of the bond, an action may be brought against the sureties on the bond for the use and benefit of the decedent’s estate or of any person interested in the estate. (b) No action may be maintained against the sureties on the bond of the person…

(a) Any interested person may petition for removal of the personal representative from office. A petition for removal may be combined with a petition for appointment of a successor personal representative under Article 7 (commencing with Section 8520). The petition shall state fa…

On removal of a personal representative from office, the court shall revoke any letters issued to the personal representative, and the authority of the personal representative ceases. (Enacted by Stats. 1990, Ch. 79.)

A personal representative may be removed from office for any of the following causes: (a) The personal representative has wasted, embezzled, mismanaged, or committed a fraud on the estate, or is about to do so. (b) The personal representative is incapable of properly executing th…

(a) Subject to subdivision (b), an administrator may be removed from office on the petition of the surviving spouse or a relative of the decedent entitled to succeed to all or part of the estate, or the nominee of the surviving spouse or relative, if such person is higher in prio…

(a) After appointment of an administrator on the ground of intestacy, the personal representative shall be removed from office on the later admission to probate of a will. (b) After appointment of an executor or administrator with the will annexed, the personal representative sha…

(a) A personal representative may be removed from office if the personal representative is found in contempt for disobeying an order of the court. (b) Notwithstanding any other provision of this article, a personal representative may be removed from office under this section by a…

A vacancy occurs in the office of a personal representative who resigns, dies, or is removed from office under Article 6 (commencing with Section 8500), or whose authority is otherwise terminated. (Enacted by Stats. 1990, Ch. 79.)

(a) Unless the will provides otherwise or the court in its discretion orders otherwise, if a vacancy occurs in the office of fewer than all personal representatives, the remaining personal representatives shall complete the administration of the estate. (b) The court, on the fili…

(a) If a vacancy occurs in the office of a personal representative and there are no other personal representatives, the court shall appoint a successor personal representative. (b) Appointment of a successor personal representative shall be made on petition and notice shall be de…

The court may make orders that are necessary to deal with the estate of the decedent between the time a vacancy occurs in the office of personal representative and appointment of a successor. Those orders may include appointment of a special administrator. (Enacted by Stats. 1990…

(a) A successor personal representative is entitled to demand, sue for, recover and collect all the estate of the decedent remaining unadministered, and may prosecute to final judgment any suit commenced by the former personal representative before the vacancy. (b) No notice, pro…

(a) The acts of the personal representative before a vacancy occurs are valid to the same extent as if no vacancy had later occurred. (b) The liability of a personal representative whose office is vacant, or of the surety on the bond, is not discharged, released, or affected by t…

(a) If the circumstances of the estate require the immediate appointment of a personal representative, the court may appoint a special administrator to exercise any powers that may be appropriate under the circumstances for the preservation of the estate. (b) The appointment may …

(a) Appointment of a special administrator may be made at any time without notice or on such notice to interested persons as the court deems reasonable. (b) In making the appointment, the court shall ordinarily give preference to the person entitled to appointment as personal rep…

(a) The clerk shall issue letters to the special administrator after both of the following conditions are satisfied: (1) The special administrator gives any bond that may be required by the court under Section 8480. (2) The special administrator takes the usual oath attached to o…

Subject to subdivision (b) of Section 8481, the court shall direct that no bond be given in either of the following cases: (a) The will waives the requirement of a bond and the person named as executor in the will is appointed special administrator. (b) All beneficiaries waive in…

(a) Except to the extent the order appointing a special administrator prescribes terms, the special administrator has the power to do all of the following without further order of the court: (1) Take possession of all of the real and personal property of the estate of the deceden…

(a) Notwithstanding Section 8544, the court may grant a special administrator the same powers, duties, and obligations as a general personal representative where to do so appears proper. Notwithstanding Section 8541, if letters have not previously been issued to a general persona…

(a) The powers of a special administrator cease on issuance of letters to a general personal representative or as otherwise directed by the court. (b) The special administrator shall promptly deliver to the general personal representative: (1) All property of the estate in the po…

(a) Subject to the limitations of this section, the court shall fix the compensation of the special administrator and the compensation of the attorney of the special administrator. (b) The compensation of the special administrator shall not be allowed until the close of administr…

As used in this article, “nonresident personal representative” means a nonresident of this state appointed as personal representative, or a resident of this state appointed as personal representative who later removes from and resides without this state.

Notwithstanding any other provision of this chapter and notwithstanding a waiver of a bond, the court in its discretion may require a nonresident personal representative to give a bond in an amount determined by the court. (Enacted by Stats. 1990, Ch. 79.)

(a) Acceptance of appointment by a nonresident personal representative is equivalent to and constitutes an irrevocable and binding appointment by the nonresident personal representative of the Secretary of State to be the attorney of the personal representative for the purpose of…