Title PROB, California Prob. Code

(a) (1) A public guardian who has taken possession or control of the property of an elder person pursuant to this chapter is entitled to petition a court of competent jurisdiction for the reasonable costs incurred by the public guardian for the protection of the person or the pro…

A declaration issued by a peace officer under this chapter shall not be valid unless it substantially complies with the following form: DECLARATION PRINT OR TYPE 1. My name is: . My badge number is: . My office address and telephone number are: . 2. I am a duly sworn peace office…

Nothing in this chapter shall prohibit or restrict a public guardian from undertaking any other proceeding authorized by law. (Added by Stats. 2000, Ch. 813, Sec. 1. Effective January 1, 2001.)

Upon petition as provided in this chapter, the court may set aside to the family of an absentee personal property of the absentee situated in this state for the purpose of managing, controlling, encumbering, selling, or conveying, or otherwise engaging in any transaction with res…

A petition that personal property of an absentee be set aside as provided in this chapter may be filed by any of the following persons: (a) A person in whose favor the personal property of the absentee may be set aside. (b) A person to whom the absentee has issued a general power…

(a) The petition shall contain all of the following: (1) A statement that the petition is filed under this chapter. (2) In its caption, the last known military rank or grade and the social security account number of the absentee. (3) A specific description and estimate of the val…

(a) Notice of the nature of the proceedings and the time and place of the hearing shall be given by the petitioner at least 15 days before the hearing date by all of the following means: (1) By delivery pursuant to Section 1215, together with a copy of the petition, to all person…

(a) Upon the hearing of the petition, any officer or agency of this state or the United States or the authorized delegate of the officer or agency, or any relative or friend of the absentee, may appear and support or oppose the petition. (b) If the court determines that the alleg…

A determination by the court that the value of all of the absentee’s property, wherever situated, exceeds twenty thousand dollars ($20,000) or that the absentee owns or has an interest in real property, wherever situated, does not deprive the court of jurisdiction to set aside to…

For the purposes of this chapter, any property or interest therein or lien thereon that the absentee holds as joint tenant shall be included in determining the property of the absentee and its value. The joint tenancy interest may be set aside to the family of the absentee as pro…

(a) Within six months after the absentee has returned to the controllable jurisdiction of the military department or civilian agency or department concerned, or within six months after the determination of death of the absentee by the secretary concerned or the head of the depart…

The family of an absentee may collect, receive, dispose of, or engage in any transaction relating to the absentee’s personal property situated in this state without any judicial proceeding if all the following conditions are satisfied: (a) The absentee owns no real property situa…

(a) If the conditions set forth in Section 3710 are satisfied, the family of the absentee may have any evidence of interest, indebtedness, or right attributable to the absentee’s personal property transferred to the family of the absentee, or transferred to the person to whom the…

The time within which an absentee may commence an action against any person who executes an affidavit and receives property pursuant to this article commences to run on the earlier of the following dates: (a) Ninety days after the absentee returns to the United States after the t…

If an absentee executed a power of attorney that expires during the period that occasions absentee status, the power of attorney continues in full force and effect until 30 days after the absentee status is terminated. Any person who acts in reliance upon the power of attorney wh…

For the purposes of Chapter 5 (commencing with Section 4300) of Part 2 of Division 4.5, in the case of a principal who is an absentee, an attorney-in-fact or third person shall be deemed to be without actual knowledge of the following: (a) The principal’s death or incapacity whil…

If after the absentee executes a power of attorney, the principal’s spouse who is the attorney-in-fact commences a proceeding for dissolution, annulment, or legal separation, or a legal separation is ordered, the attorney-in-fact’s authority is revoked. This section is in additio…

Subject to Section 11851, the personal representative may deposit property to be distributed with the county treasurer of the county in which the proceedings are pending in the name of the distributee in any of the following cases: (a) The property remains in the possession of th…

(a) If property authorized by Section 11850 to be deposited with the county treasurer consists of money, the personal representative may deposit the money. (b) If property authorized by Section 11850 to be deposited with the county treasurer consists of personal property other th…

The county treasurer shall give a receipt for a deposit made under this chapter and is liable on the official bond of the county treasurer for the money deposited. The receipt has the same effect as if executed by the distributee. (Enacted by Stats. 1990, Ch. 79.)

If money is deposited or is already on deposit with the county treasurer, the personal representative shall deliver to the county treasurer a certified copy of the order for distribution. (Enacted by Stats. 1990, Ch. 79.)

(a) A person may claim money on deposit in the county treasury by filing a petition with the court that made the order for distribution. The petition shall show the person’s claim or right to the property. Unless the petition is filed by the person named in the decree for distrib…

Where use of a citation is authorized or required by statute, a citation may be issued by the court clerk on the application of any party, without a court order, except in cases where an order is expressly required by law. (Enacted by Stats. 1990, Ch. 79.)

The citation shall be directed to the person to be cited, signed by the court clerk, and issued under the seal of the court. The citation shall contain the title of the proceeding, a brief statement of the nature of the proceeding, and a direction that the person cited appear at …

The citation shall be served on the person cited in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. Except as otherwise provided by statute, the citation shall be served at least five days before its return da…

(a) No sooner than six months from the death of a decedent, a person or persons claiming as successor of the decedent to a particular item of property that is real property may file in the superior court in the county in which the decedent was domiciled at the time of death, or i…

Notwithstanding any other provision of law, the total fee for the filing of an affidavit under Section 13200 and the issuance of one certified copy of the affidavit under Section 13202 is as provided in subdivision (b) of Section 70626 of the Government Code. (Amended by Stats. 2…

Upon receipt of the affidavit and the required fee, the court clerk, upon determining that the affidavit is complete and has the required attachments, shall file the affidavit and attachments and shall issue a certified copy of the affidavit without the attachments. The certified…

For the purposes of this chapter, the following terms have the following meanings: (a) “Transferee” means a person designated as a successor of the decedent in a certified copy of an affidavit issued under Section 13202. (b) “Transferred property” means property transferred to a …

(a) A person acting in good faith and for a valuable consideration with a person designated as a successor of the decedent to a particular item of property in a certified copy of an affidavit issued under Section 13202 and recorded in the county in which the real property is loca…

(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 actio…

(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) A transferee is personally liable to any person having a superior right to transferred property by testate or intestate succession from the decedent. Except as provided in subdivision (d), the personal liability established by this subdivision shall not exceed the sum of the …

(a) If proceedings for the administration of the 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 a…

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

The remedies available under Sections 13204 to 13206, inclusive, are in addition to any remedies available by reason of any fraud or intentional wrongdoing. (Amended by Stats. 2022, Ch. 29, Sec. 22. (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…

If transferred property is returned to the estate under Sections 13205.5 or 13206, 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. 24. (AB 1716) Effective January 1, 2023.)

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

If the court finds that a person designated as a successor of the decedent in a certified copy of an affidavit issued under Section 13202 has acted reasonably and in good faith under the circumstances as known to the person, the court may, in its discretion, excuse the person fro…

(a) A surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file a petition in the superior court of the county in which the estate of the deceased spouse may be administered requesting an order that admi…

(a) A petition filed pursuant to Section 13650 shall allege that administration of all or a part of the estate of the deceased spouse is not necessary for the reason that all or a part of the estate is property passing to the surviving spouse, and shall set forth all of the follo…

If proceedings for the administration of the estate of the deceased spouse are pending, a petition under this chapter shall be filed in those proceedings without the payment of an additional fee. (Enacted by Stats. 1990, Ch. 79.)

If proceedings for the administration of the estate of the deceased spouse are not pending, a petition under this chapter may, but need not, be filed with a petition for probate of the will of the deceased spouse or for administration of the estate of the deceased spouse. (Enacte…

The filing of a petition under this chapter does not preclude the court from admitting the will of the deceased spouse to probate or appointing a personal representative of the estate of the deceased spouse upon the petition of any person legally entitled, including any petition …

(a) If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter, or if the proceedings are not pending and if the petition filed under this chapter is not filed with a petition for probate of the deceas…