Title PROB, California Prob. Code

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…

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…

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.)

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…

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…

(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…

(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…

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…

(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…

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. (Amended by Stats. 1991, Ch. 82, Sec. 24. Effective June 30, 1991. Operative Jul…

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 …

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…

The personal representative may exercise the powers described in this article only if the requirements of Chapter 4 (commencing with Section 10580) (notice of proposed action procedure) are satisfied. (Enacted by Stats. 1990, Ch. 79.)

The personal representative who has full authority has the power to sell or exchange real property of the estate. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to sell or incorporate any of the following: (a) An unincorporated business or venture in which the decedent was engaged at the time of the decedent’s death. (b) An unincorporated business or venture which was wholly or partly owned by th…

The personal representative has the power to abandon tangible personal property where the cost of collecting, maintaining, and safeguarding the property would exceed its fair market value. (Enacted by Stats. 1990, Ch. 79.)

(a) Subject to subdivision (b), the personal representative has the following powers: (1) The power to borrow. (2) The power to place, replace, renew, or extend any encumbrance upon any property of the estate. (b) Only a personal representative who has full authority has the powe…

The personal representative who has full authority has the power to grant an option to purchase real property of the estate for a period within or beyond the period of administration. (Enacted by Stats. 1990, Ch. 79.)

If the will gives a person the option to purchase real or personal property and the person has complied with the terms and conditions stated in the will, the personal representative has the power to convey or transfer the property to the person. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to convey or transfer real or personal property to complete a contract entered into by the decedent to convey or transfer the property. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to allow, compromise, or settle any of the following: (a) A third-party claim to real or personal property if the decedent died in possession of, or holding title to, the property. (b) The decedent’s claim to real or personal property tit…

The personal representative has the power to make a disclaimer. (Enacted by Stats. 1990, Ch. 79.)

If the time for filing claims has expired and it appears that the distribution may be made without loss to creditors or injury to the estate or any interested person, the personal representative has the power to make preliminary distributions of the following: (a) Income received…

(a) In making an allocation or determination or exercising discretion under this chapter, all of the following apply: (1) A fiduciary shall act in good faith, based on what is fair and reasonable to all beneficiaries. (2) A fiduciary shall administer a trust or decedent’s estate …

(a) For purposes of this section, “fiduciary decision” means any of the following: (1) A fiduciary’s allocation between income and principal or another determination regarding income and principal required or authorized by the terms of the trust or this chapter. (2) The fiduciary…

(a) Except as otherwise provided in the terms of a trust or this section, a fiduciary, in a record, without court approval, may adjust between income and principal if the fiduciary determines the exercise of the power to adjust will assist the fiduciary in administering the trust…

(a) A proceeding under this chapter shall be brought by a petition filed in the superior court. (b) The proper county for commencement of the proceeding is the county in which a conservatorship proceeding of one of the spouses is pending. If a conservatorship proceeding is not pe…

(a) Except as provided in subdivision (b), any of the following persons may file, or join in, a petition under this chapter: (1) Either spouse, whether or not the spouse has legal capacity. (2) The conservator of either spouse. (b) If the petition requests approval of a proposed …

(a) If a petitioning spouse is one whose legal capacity for the proposed transaction is to be determined in the proceeding, the court may do any of the following: (1) Permit the spouse to appear without a representative. (2) Appoint a guardian ad litem for the spouse. (3) Take su…

A proceeding may be brought under this chapter by the conservator of a spouse, or by a spouse having legal capacity for the proposed transaction, without the necessity of appointing a conservator for the other spouse. (Enacted by Stats. 1990, Ch. 79.)

(a) A consultant who is or will be engaged in war service may delegate the powers of the consultant, including discretionary powers, to a coconsultant who is not engaged in war service, or to the trustee administering the trust. The procedure for delegation by a fiduciary governs…

If a consultant who is engaged in war service does not delegate the consultant’s powers, the court, on petition of the trustee or an interested person, may do either of the following: (a) Suspend the consultant’s powers for the period of the consultant’s war service and not to ex…

If a consultant has delegated or the court has suspended the powers of the consultant, the court may, on petition by the consultant within six months following the expiration of the period of the consultant’s war service, authorize the consultant to resume the exercise of the con…

A consultant who delegates powers under this article is not liable for the acts or omissions of the delegate. (Enacted by Stats. 1990, Ch. 79.)

(a) If a revocable transfer on death deed recorded on or before 60 days after the date it was acknowledged before a notary public and another instrument both purport to dispose of the same property: (1) If the other instrument makes a revocable disposition of the property, the la…

If, at the time of the transferor’s death, title to the property described in the revocable transfer on death deed is held in joint tenancy or as community property with right of survivorship, the revocable transfer on death deed is void. The transferor’s interest in the property…

(a) Chapter 2 (commencing with Section 5010) of Part 1 applies to a revocable transfer on death deed of community property. (b) For the purpose of application of Chapter 2 (commencing with Section 5010) of Part 1 to a revocable transfer on death deed of community property, writte…

A revocable transfer on death deed of community property with right of survivorship is subject to Section 5666, relating to a revocable transfer on death deed of community property. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of Januar…

In proceedings under this code concerning the administration of the decedent’s estate, a motion for a new trial may be made only in the following cases: (a) Contest of a will or revocation of probate of a will. (b) Cases in which a right to jury trial is expressly granted, whethe…

An attorney with whom a document has been deposited, or to whom a document has been transferred pursuant to this article, may terminate the deposit only as provided in this article. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)

An attorney may terminate the deposit by one of the following methods: (a) Personal delivery of the document to the depositor. (b) Mailing the document to the depositor’s last known address, by registered or certified mail with return receipt requested, and receiving a signed rec…

(a) An attorney may terminate a deposit under this section if the attorney has delivered notice pursuant to Section 1215 to reclaim the document to the depositor’s last known address and the depositor has failed to reclaim the document within 90 days after delivery. (b) Subject t…

(a) An attorney transferring one or more documents under Section 732 shall deliver notice pursuant to Section 1215 of the transfer to the State Bar of California. The notice shall contain all of the following information: (1) The name of the depositor. (2) The date of the transfe…

(a) In cases not governed by subdivision (b) or (c), after the death of the depositor an attorney may terminate a deposit by personal delivery of the document to the depositor’s personal representative. (b) If the document is a will and the attorney has actual notice that the dep…

(a) If the attorney is deceased or lacks legal capacity, a deposit may be terminated as provided in this article by the attorney’s law partner, by a shareholder of the attorney’s law corporation, or by a lawyer or nonlawyer employee of the attorney’s firm, partnership, or corpora…

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 …