Title PROB, California Prob. Code

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…

(a) This section applies when either of the following occurs: (1) The death of an individual results in the creation of an estate or trust. (2) An income interest in a trust terminates, whether the trust continues or is distributed. (b) A fiduciary of an estate or trust with an i…

(a) Except to the extent that Article 3 (commencing with Section 16330) applies for a beneficiary that is a trust, each beneficiary described in subdivision (f) of Section 16370 is entitled to receive a share of the net income equal to the beneficiary’s fractional interest in und…

(a) Unless the court for good cause dispenses with the bond, the court shall require the petitioner to give a bond, in the amount fixed by the court, conditioned on the duty of the petitioner to account for and apply the proceeds of the transaction to be received by the petitione…

(a) The petitioner shall, upon receipt of the consideration therefor, execute, acknowledge, and deliver any necessary instruments or documents as directed by the court, setting forth therein that they are made by authority of the order. (b) The petitioner shall cause a certified …

A sale, conveyance, assignment, transfer, exchange, encumbrance, security interest, mortgage, deed of trust, lease, dedication, release, or relinquishment, and any instrument or document, made pursuant to the court’s order, is as valid and effectual as if the property affected th…

Notes, encumbrances, security interests, mortgages, leases, or deeds of trust, executed as provided in this chapter by a petitioning conservator create no personal liability against the conservator so executing, unless the conservator is one of the spouses and then only to the ex…

(a) If any party to the transaction, other than the petitioner, does not consummate a transaction authorized by the court, the court, on application of the petitioner, after such notice to the parties to the transaction as the court directs, may vacate the order authorizing the t…

(a) An income beneficiary is entitled to net income in accordance with the terms of the trust from the date an income interest begins. The income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to e…

(a) A fiduciary shall allocate an income receipt or disbursement, other than a receipt to which subdivision (b) of Section 16370 applies, to principal if its due date occurs before the date on which either of the following occurs: (1) For an estate, the decedent died. (2) For a t…

(a) For purposes of this section, “undistributed income” means net income received on or before the date on which an income interest ends. “Undistributed income” does not include an item of income or expense that is due or accrued, or net income that has been added or is required…

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added by Stats. 2023, Ch. 28, Sec. 2. (SB 522) Effective January 1, 2024.)

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)), or authorize electronic delivery of any of the …

This chapter applies to a trust or estate existing or created on or after the effective date of this chapter, except as otherwise expressly provided in the terms of the trust or this chapter. (Added by Stats. 2023, Ch. 28, Sec. 2. (SB 522) Effective January 1, 2024.)

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions…

(a) When a judgment or order made pursuant to the provisions of this code concerning the administration of the decedent’s estate becomes final, it releases the personal representative and the sureties from all claims of the heirs or devisees and of any persons affected thereby ba…

This chapter governs the hearing of all matters under this code, except where the statute that provides for the hearing of the matter prescribes a different procedure. (Enacted by Stats. 1990, Ch. 79.)

When a petition, report, account, or other matter that requires a hearing is filed with the court clerk, the clerk shall set the matter for hearing. (Enacted by Stats. 1990, Ch. 79.)

A hearing under this code shall be on notice unless the statute that provides for the hearing dispenses with notice. (Enacted by Stats. 1990, Ch. 79.)

(a) An interested person may appear and make a response or objection in writing at or before the hearing. (b) An interested person may appear and make a response or objection orally at the hearing. The court in its discretion shall either hear and determine the response or object…

The petitioner or other party affirming is the plaintiff and the party objecting or responding is the defendant. (Enacted by Stats. 1990, Ch. 79.)

The court may continue or postpone any hearing, from time to time, in the interest of justice. (Enacted by Stats. 1990, Ch. 79.)

The court shall hear and determine any matter at issue and any response or objection presented, consider evidence presented, and make appropriate orders. (Enacted by Stats. 1990, Ch. 79.)

Except as otherwise provided in this code, an order made in a proceeding under this code need not recite the existence of facts, or the performance of acts, upon which jurisdiction depends, but need only contain the matters ordered. (Enacted by Stats. 1990, Ch. 79.)

(a) Except as provided in subdivision (b), orders shall be either entered at length in the minute book of the court or signed by the judge and filed. (b) An order for distribution shall be entered at length in a judgment book or other permanent record of the court. (Enacted by St…

An order may be enforced as provided in Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure. (Enacted by Stats. 1990, Ch. 79.)

The judgment roll in a proceeding under this code consists of the following papers, where applicable: (a) In all cases: (1) The petition, application, report, or account that initiates a particular proceeding. (2) Any order directing notice of the hearing to be given. (3) Any not…

(a) In the absence of a stipulation to the contrary between parties who have filed pleadings in a proceeding under this code, there shall be no ex parte communications between any party, or attorney for the party, and the court concerning a subject raised in those pleadings, exce…

(a) This part does not apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1991. (b) Notwithstanding its repeal, the applicable law in effect before July 1, 1991, governing the subject matter of this part continues to apply in any proceeding…

(a) The personal representative shall give notice of the hearing as provided in Section 1220 to all of the following persons: (1) Each person listed in Section 1220. (2) Each known heir whose interest in the estate would be affected by the account. (3) Each known devisee whose in…

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 …