Title PROB — California Prob. Code

The testimony of each witness in a proceeding concerning the execution or provisions of a will, the testamentary capacity of the decedent, and other issues of fact, may be reduced to writing, signed by the witness, and filed, whether or not the will is contested. The testimony so…

When the court admits a will to probate, that fact shall be recorded in the minutes by the clerk and the will shall be filed. (Enacted by Stats. 1990, Ch. 79.)

(a) If no person contests the validity of a will or petitions for revocation of probate of the will within the time provided in this chapter, admission of the will to probate is conclusive, subject to Section 8007. (b) Subject to subdivision (c), a will may be admitted to probate…

(a) When a will is contested under Section 8004, the contestant shall file with the court an objection to probate of the will. Thereafter, a summons shall be issued and served, with a copy of the objection, on the persons required by Section 8110 to be served with notice of heari…

(a) The petitioner and any other interested person may jointly or separately answer the objection or demur to the objection within the time prescribed in the summons. (b) Demurrer may be made on any of the grounds of demurrer available in a civil action. If the demurrer is sustai…

(a) At the trial, the proponents of the will have the burden of proof of due execution. The contestants of the will have the burden of proof of lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. If the will is opposed by the petition …

At the trial, each subscribing witness shall be produced and examined. If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may admit the evidence of other witnesses to prove the due execution of the will. (Enacted …

The court may make appropriate orders, including orders sustaining or denying objections, and shall render judgment either admitting the will to probate or rejecting it, in whole or in part, and appointing a personal representative. (Enacted by Stats. 1990, Ch. 79.)

(a) Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than a person who had actual notice of a will contest in time to have joined in the contest, may petition the court to revoke the probate of the will. Th…

(a) On the filing of the petition, a summons shall be directed to the personal representative and to the heirs and devisees of the decedent, so far as known to the petitioner. The summons shall contain a direction that the persons summoned file with the court a written pleading i…

(a) If it appears on satisfactory proof that the will should be denied probate, the court shall revoke the probate of the will. (b) Revocation of probate of a will terminates the powers of the personal representative. The personal representative is not liable for any otherwise pr…

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.

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 probate referee, when designated by the court, shall be among the persons appointed by the Controller to act as a probate referee for the county. If there is no person available who is able to act or if, pursuant to authority of Section 8922 or otherwise, the court does not d…

The court may designate a person requested by the personal representative as probate referee, on a showing by the personal representative of good cause for the designation. The following circumstances are included within the meaning of good cause, as used in this section: (a) The…

The court has authority and discretion not to designate a particular person as probate referee even though appointed by the Controller to act as a probate referee for the county. (Enacted by Stats. 1990, Ch. 79.)

The court may not designate as probate referee any of the following persons: (a) The court clerk. (b) A partner or employee of the judge or commissioner who orders the designation. (c) The spouse of the judge or commissioner who orders the designation. (d) A person, or the spouse…

(a) The court shall remove the designated probate referee in any of the following circumstances: (1) The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. T…

(a) The probate referee shall promptly and with reasonable diligence appraise the property scheduled for appraisal by the probate referee in the inventory that the personal representative delivers to the referee. (b) The probate referee shall, not later than 60 days after deliver…

(a) The court shall, on petition of the personal representative or probate referee, or may, on the court’s own motion, hear the report of the status of the appraisal. The court may issue a citation to compel the personal representative or the probate referee to attend the hearing…

(a) The commission and expenses provided by this article as compensation for the services of the probate referee shall be paid from the estate. (b) The probate referee may not withhold the appraisal until the commission and expenses are paid, but shall deliver the appraisal to th…

As compensation for services the probate referee shall receive all of the following: (a) A commission of one-tenth of one percent of the total value of the property for each estate appraised, subject to Section 8963. The commission shall be computed excluding property appraised b…

(a) Notwithstanding Section 8961 and subject to subdivision (b), the commission of the probate referee shall in no event be less than seventy-five dollars ($75) nor more than ten thousand dollars ($10,000) for any estate appraised. (b) Upon application of the probate referee, the…

If more than one probate referee appraises or participates in the appraisal of property in the estate, each is entitled to the share of the commission agreed upon by the referees or, absent an agreement, that the court allows. In no case shall the total commission for all referee…

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 violation by the trustee of any duty that the trustee owes the beneficiary is a breach of trust. (Enacted by Stats. 1990, Ch. 79.)

(a) Except as provided in subdivision (b), the trustee is not liable to the beneficiary for the acts or omissions of an agent. (b) Under any of the circumstances described in this subdivision, the trustee is liable to the beneficiary for an act or omission of an agent employed by…

(a) Except as provided in subdivision (b), a trustee is not liable to the beneficiary for a breach of trust committed by a cotrustee. (b) A trustee is liable to the beneficiary for a breach committed by a cotrustee under any of the following circumstances: (1) Where the trustee p…

(a) Except as provided in subdivision (b), a successor trustee is not liable to the beneficiary for a breach of trust committed by a predecessor trustee. (b) A successor trustee is liable to the beneficiary for breach of trust involving acts or omissions of a predecessor trustee …

(a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may commence a proceeding for any of the following purposes that is appropriate: (1) To compel the trustee to perform the trustee’s duties. (2) To enjoin …

The remedies of a beneficiary against the trustee are exclusively in equity. (Enacted by Stats. 1990, Ch. 79.)

(a) If the trustee commits a breach of trust, the trustee is chargeable with any of the following that is appropriate under the circumstances: (1) Any loss or depreciation in value of the trust estate resulting from the breach of trust, with interest. (2) Any profit made by the t…

(a) If the trustee is liable for interest pursuant to Section 16440, the trustee is liable for the greater of the following amounts: (1) The amount of interest that accrues at the legal rate on judgments in effect during the period when the interest accrued. (2) The amount of int…

The provisions in this article for liability of a trustee for breach of trust do not prevent resort to any other remedy available under the statutory or common law. (Enacted by Stats. 1990, Ch. 79.)

(a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise: (1) If a beneficiary has received an interim or final account in writing, or other written report, that adequately discloses the existence of a claim against the trustee for breach of trus…

(a) Except as provided in subdivision (b), (c), or (d), the trustee can be relieved of liability for breach of trust by provisions in the trust instrument. (b) A provision in the trust instrument is not effective to relieve the trustee of liability (1) for breach of trust committ…

(a) Notwithstanding Section 16461, a trustee of a revocable trust is not liable to a beneficiary for any act performed or omitted pursuant to written directions from the person holding the power to revoke, including a person to whom the power to direct the trustee is delegated. (…

(a) Except as provided in subdivisions (b) and (c), a beneficiary may not hold the trustee liable for an act or omission of the trustee as a breach of trust if the beneficiary consented to the act or omission before or at the time of the act or omission. (b) The consent of the be…

(a) Except as provided in subdivision (b), a beneficiary may be precluded from holding the trustee liable for a breach of trust by the beneficiary’s release or contract effective to discharge the trustee’s liability to the beneficiary for that breach. (b) A release or contract is…

(a) Except as provided in subdivision (b), if the trustee, in breach of trust, enters into a transaction that the beneficiary may at his or her option reject or affirm, and the beneficiary affirms the transaction, the beneficiary shall not thereafter reject it and hold the truste…

This article applies only to the following: (a) A trust created by a will executed before July 1, 1977, and not incorporated by reference in a will on or after July 1, 1977. (b) A trust created by a will which provides that the trust is subject to the continuing jurisdiction of t…

If a trust described in Section 17300 continues after distribution of the decedent’s estate, the court in which the decedent’s estate was administered retains jurisdiction over the trust for any of the purposes specified in Section 17200. (Enacted by Stats. 1990, Ch. 79.)