Title PROB — California Prob. Code

Nothing in this chapter limits the application of principles of fraud, undue influence, duress, mistake, or other invalidating cause to a written consent to a provision for a nonprobate transfer of community property on death.

A provision for a nonprobate transfer of community property on death executed by a married person without the written consent of the person’s spouse (1) is not effective as to the nonconsenting spouse’s interest in the property and (2) does not affect the nonconsenting spouse’s d…

(a) In a proceeding to set aside a nonprobate transfer of community property on death made pursuant to a provision for transfer of the property executed by a married person without the written consent of the person’s spouse, the court shall set aside the transfer as to the noncon…

(a) Except as provided in subdivision (b), a spouse’s written consent to a provision for a nonprobate transfer of community property on death is not a transmutation of the consenting spouse’s interest in the property. (b) This chapter does not apply to a spouse’s written consent …

(a) As used in this section “modification” means revocation of a provision for a nonprobate transfer on death in whole or part, designation of a different beneficiary, or election of a different benefit or payment option. As used in this section, “modification” does not mean, and…

(a) A spouse’s written consent to a provision for a nonprobate transfer of community property on death is revocable during the marriage. (b) On termination of the marriage by dissolution or on legal separation, the written consent is revocable and the community property is subjec…

(a) If a married person executes a provision for a nonprobate transfer of community property on death with the written consent of the person’s spouse, the consenting spouse may revoke the consent by a writing, including a will, that identifies the provision for transfer of the pr…

On revocation of a spouse’s written consent to a nonprobate transfer of community property on death, the property passes in the same manner as if the consent had not been given.

An owner of real property who has the capacity to contract may make a revocable transfer on death deed of the property.

The transferor shall identify the beneficiary by name in a revocable transfer on death deed.

A revocable transfer on death deed is not effective unless all of the following conditions are satisfied: (a) The deed is signed by the transferor and dated. (b) The deed is signed by two witnesses who were present at the same time and who witnessed either the signing of the deed…

(a) Any person generally competent to be a witness may act as a witness to a revocable transfer on death deed. (b) A revocable transfer on death deed is not invalid because it is signed by an interested witness. (c) If a beneficiary of a revocable transfer on death deed is also a…

(a) A revocable transfer on death deed is not effective unless the deed is recorded on or before 60 days after the date it was acknowledged before a notary. (b) The transferor is not required to deliver a revocable transfer on death deed to the beneficiary during the transferor’s…

(a) If a revocable transfer on death deed is recorded for the same property for which another revocable transfer on death deed is recorded, the later executed deed is the operative instrument and its recordation revokes the earlier executed deed. (b) Revocation of a revocable tra…

A transferor who has the capacity to contract may revoke a revocable transfer on death deed at any time.

(a) An instrument revoking a revocable transfer on death deed shall be executed and recorded in the same manner as execution and recordation of a revocable transfer on death deed. (b) Joinder, consent, or agreement of, or notice to, the beneficiary is not required for revocation …

A revocable transfer on death deed shall be substantially in the following form. (a) The first page of the form shall be substantially the following: REVOCABLE TRANSFER ON DEATH (TOD) DEED (California Probate Code Section 5642) Recording Requested By: When Recorded Mail This Deed…

A transferor may revoke a revocable transfer on death deed by an instrument in substantially the following form: Revocation of Revocable Transfer on Death (TOD) Deed (California Probate Code Section 5600) Recording Requested By: When Recorded Mail This Deed To Name: Address: Asse…

The superior court has jurisdiction of proceedings under this code concerning the administration of the decedent’s estate.

If the decedent was domiciled in this state at the time of death, the proper county for proceedings concerning administration of the decedent’s estate is the county in which the decedent was domiciled, regardless of where the decedent died. (Enacted by Stats. 1990, Ch. 79.)

If the decedent was not domiciled in this state at the time of death, the proper county for proceedings under this code concerning the administration of the decedent’s estate is one of the following: (a) If property of the nondomiciliary decedent is located in the county in which…

(a) In addition to any other ground provided by law for disqualification of a judge, a judge is disqualified from acting in proceedings under this code concerning the administration of the decedent’s estate, except to order the transfer of a proceeding as provided in Article 3 (c…

The court or judge shall order a proceeding under this code concerning the administration of the decedent’s estate transferred to another county if there is no judge of the court in which the proceeding is pending who is qualified to act. This section does not apply if a judge qu…

Transfer of a proceeding under this article shall be to another county in which property of the decedent is located or, if there is no other county in which property of the decedent is located, to an adjoining county. (Enacted by Stats. 1990, Ch. 79.)

Upon petition of the personal representative or other interested person before entry of the order for final distribution of the estate, a proceeding transferred under this article may be retransferred to the court in which the proceeding was originally commenced if the court dete…

The notice of hearing of a petition for administration of a decedent’s estate, whether delivered under Article 2 (commencing with Section 8110) or published under Article 3 (commencing with Section 8120), shall state substantially as follows: NOTICE OF PETITION TO ADMINISTER ESTA…

At least 15 days before the hearing of a petition for administration of a decedent’s estate, the petitioner shall deliver notice of the hearing pursuant to Section 1215 on all of the following persons: (a) Each heir of the decedent, so far as known to or reasonably ascertainable …

If the decedent’s will involves or may involve a testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee resident in this state, or involves or may involve a devise for charitable purposes without an identified devisee, notic…

A general personal representative shall give notice of administration of the estate of the decedent to creditors under Chapter 2 (commencing with Section 9050), and to public entities under Chapter 5 (commencing with Section 9200), of Part 4. (Enacted by Stats. 1990, Ch. 79.)

If a citizen of a foreign country dies without leaving a will or leaves a will without naming an executor, or if it appears that property will pass to a citizen of a foreign country, notice shall be given to a recognized diplomatic or consular official of the foreign country main…

In addition to service of the notice of hearing as provided in Article 2 (commencing with Section 8110), notice of hearing of a petition for administration of a decedent’s estate shall also be published before the hearing in the manner provided in this article. (Enacted by Stats.…

(a) The first publication date of the notice shall be at least 15 days before the hearing. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the publication dates, …

The Legislature finds and declares that, to be most effective, notice of hearing should be published in compliance with Section 8121. However, the Legislature recognizes the possibility that in unusual cases due to confusion over jurisdictional boundaries or oversight such notice…

The caption of a notice under this article shall be in 8-point type or larger and the text shall be in 7-point type or larger. (Enacted by Stats. 1990, Ch. 79.)

A petition for administration of a decedent’s estate shall not be heard by the court unless an affidavit showing due publication of the notice of hearing has been filed with the court. The affidavit shall contain a copy of the notice and state the date of its publication. (Enacte…

Notwithstanding Section 8100, after the notice of hearing is published and an affidavit filed, any subsequent publication of the notice ordered by the court may omit the information for creditors and contingent creditors. (Enacted by Stats. 1990, Ch. 79.)

(a) The inventory, including partial and supplemental inventories, shall include all property to be administered in the decedent’s estate. (b) The inventory shall particularly specify the following property: (1) Money owed to the decedent, including debts, bonds, and notes, with …

The discharge or devise in a will of any debt or demand of the testator against the executor or any other person is not valid against creditors of the testator, but is a specific devise of the debt or demand. The debt or demand shall be included in the inventory. If necessary, th…

(a) The personal representative shall take and subscribe an oath that the inventory contains a true statement of the property to be administered in the decedent’s estate of which the personal representative has knowledge, and particularly of money of the decedent and debts or dem…

(a) On petition by the personal representative or an interested person, the court may order that a citation be issued to a person to answer interrogatories, or to appear before the court and be examined under oath, or both, concerning any of the following allegations: (1) The per…

Interrogatories may be put to a person cited to answer interrogatories pursuant to Section 8870. The interrogatories and answers shall be in writing. The answers shall be signed under penalty of perjury by the person cited. The interrogatories and answers shall be filed with the …

(a) At an examination witnesses may be produced and examined on either side. (b) If upon the examination it appears that the allegations of the petition are true, the court may order the person to disclose the person’s knowledge of the facts to the personal representative. (c) If…

(a) On petition by the personal representative, the court may issue a citation to a person who has possession or control of property in the decedent’s estate to appear before the court and make an account under oath of the property and the person’s actions with respect to the pro…

(a) Subject to the limitations and conditions of this part, a personal representative who has been granted authority to administer the estate under this part may administer the estate as provided in this part without court supervision, but in all other respects the personal repre…

(a) Notwithstanding any other provision of this part, whether the personal representative has been granted full authority or limited authority, a personal representative who has obtained authority to administer the estate under this part is required to obtain court supervision, i…

(a) Subject to the conditions and limitations of this part and to Section 9600, a personal representative who has been granted authority to administer the estate under this part has the powers described in Article 2 (commencing with Section 10510), Article 3 (commencing with Sect…

Subject to the limitations and requirements of this part, when the personal representative exercises the authority to sell property of the estate under this part, the personal representative may sell the property either at public auction or private sale, and with or without notic…

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…