Title PROB, California Prob. Code

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…

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) If a person dies while domiciled in a sister state, the court in an ancillary administration proceeding may make an order for preliminary or final distribution of all or part of the decedent’s personal property in this state to the sister state personal representative if dist…

If necessary to make distribution pursuant to this article, real property in the nondomiciliary decedent’s estate may be sold and the court may order the proceeds to be distributed to the sister state personal representative. The sale shall be made in the same manner as other sal…

If the nondomiciliary decedent’s estate in the sister state where the decedent was domiciled is insolvent, distribution may be made only to the sister state personal representative and not to the beneficiaries. (Enacted by Stats. 1990, Ch. 79.)

Except as provided in Section 1023, a petition, objection, response, report, or account filed pursuant to this code shall be in writing, signed by all of the petitioners, objectors, or respondents or by all of the persons making the report or account, and filed with the court cle…

(a) All of the following shall be verified: (1) A petition, report, or account filed pursuant to this code. (2) An objection or response filed pursuant to this code to a petition, report, or account. (b) Except as provided in Section 1023, the verification shall be made as follow…

An affidavit or verified petition shall be received as evidence when offered in an uncontested proceeding under this code. (Enacted by Stats. 1990, Ch. 79.)

If a petitioner, objector, or respondent is absent from the county or for some other cause is unable to sign or verify a petition, objection, or response filed pursuant to this code, the person’s attorney may sign or verify the petition, objection, or response unless the person i…

(a) To obtain authority to administer the estate under this part, the personal representative shall petition the court for that authority either in the petition for appointment of the personal representative or in a separate petition filed in the estate proceedings. (b) The petit…

(a) If the authority to administer the estate under this part is requested in the petition for appointment of the personal representative, notice of the hearing on the petition shall be given for the period and in the manner applicable to the petition for appointment. (b) Where p…

Unless an interested person objects as provided in Section 1043 to the granting of authority to administer the estate under this part and the court determines that the objecting party has shown good cause why the authority to administer the estate under this part should not be gr…

(a) If the personal representative is otherwise required to file a bond and has full authority, the court, in its discretion, shall fix the amount of the bond at not more than the estimated value of the personal property, the estimated value of the decedent’s interest in the real…

(a) Any interested person may file a petition requesting that the court make either of the following orders: (1) An order revoking the authority of the personal representative to continue administration of the estate under this part. (2) An order revoking the full authority of th…

(a) At any time after four months from the issuance of letters: (1) The personal representative may file a petition requesting an allowance on the compensation of the personal representative. (2) The personal representative or the attorney for the personal representative may file…

(a) At the time of the filing of the final account and petition for an order for final distribution: (1) The personal representative may petition the court for an order fixing and allowing the personal representative’s compensation for all services rendered in the estate proceedi…

Notwithstanding Sections 10830 and 10831, the court may allow compensation to the personal representative or to the attorney for the personal representative for extraordinary services before final distribution when any of the following requirements is satisfied: (a) It appears li…

(a) On its own motion or on petition of an interested person, the court may order an account at any time. (b) The court shall order an account on petition of an interested person made more than one year after the last account was filed or, if no previous account has been filed, m…

The personal representative shall file a final account and petition for an order for final distribution of the estate when the estate is in a condition to be closed. (Enacted by Stats. 1990, Ch. 79.)

A personal representative who resigns or is removed from office or whose authority is otherwise terminated shall, unless the court extends the time, file an account not later than 60 days after termination of authority. If the personal representative fails to so file the account,…

(a) As used in this section: (1) “Incapacitated” means lack of capacity to serve as personal representative. (2) “Legal representative” means the personal representative of a deceased personal representative or the conservator of the estate of an incapacitated personal representa…

(a) Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distribution from the estate: (1) The person has executed and filed a written waiver …

(a) Debts shall be paid in the following order of priority among classes of debts, except that debts owed to the United States or to this state that have preference under the laws of the United States or of this state shall be given the preference required by such laws: (1) Expen…

Subject to Section 11420, as soon as the personal representative has sufficient funds, after retaining sufficient funds to pay expenses of administration, the personal representative shall pay the following: (a) Funeral expenses. (b) Expenses of last illness. (c) Family allowance…

(a) Except as provided in Section 11421, the personal representative is not required to pay a debt until payment has been ordered by the court. (b) On the settlement of any account of the personal representative after the expiration of four months after the date letters are first…

(a) Interest accrues on a debt from the date the court orders payment of the debt until the date the debt is paid. Interest accrues at the legal rate on judgments. (b) Notwithstanding subdivision (a), in the case of a debt based on a written contract, interest accrues at the rate…

The personal representative shall pay a debt to the extent of the order for payment of the debt, and is liable personally and on the bond, if any, for failure to make the payment. (Enacted by Stats. 1990, Ch. 79.)

(a) If an estate is in all other respects ready to be closed, and it appears to the satisfaction of the court, on affidavit or evidence taken in open court, that a debt has not been and cannot be paid because the creditor cannot be found, the court or judge shall make an order fi…

(a) Where the accounts of the personal representative have been settled and an order made for the payment of debts and distribution of the estate, a creditor who is not paid, whether or not included in the order for payment, has no right to require contribution from creditors who…

At any time after letters are first issued to a general personal representative and before an order for final distribution is made, the personal representative, or any person claiming to be a beneficiary or otherwise entitled to distribution of a share of the estate, may file a p…

Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) Each person listed in Section 1220. (b) Each known heir whose interest in the estate would be affected by the petition. (c) Each known devisee whose interest in t…

(a) Any interested person may appear and, at or before the time of the hearing, file a written statement of the person’s interest in the estate. The written statement may be in support of, or in opposition to, the petition. No other pleadings are necessary and the written stateme…

The Attorney General shall be deemed to be a person entitled to distribution of the estate for purposes of this chapter if the estate involves or may involve any of the following: (a) A charitable trust, other than a charitable trust with a designated trustee that may lawfully ac…

(a) The court shall consider as evidence in the proceeding any statement made in a petition filed under Section 11700 and any statement of interest filed under Section 11702. The court shall not hear or consider a petition filed after the time prescribed in Section 11700. (b) (1)…

(a) The court shall make an order that determines the persons entitled to distribution of the decedent’s estate and specifies their shares. (b) When the court order becomes final it binds and is conclusive as to the rights of all interested persons. (Enacted by Stats. 1990, Ch. 7…

Unless otherwise expressly provided, a notice or other paper that is required or permitted to be delivered to a person shall be delivered pursuant to one of the following methods: (a) Delivery by mail. (1) A notice or other paper shall be delivered by mail as follows: (A) By firs…

If a notice or other paper is required to be served or otherwise given and no other manner of giving the notice or other paper is specified by statute, the notice or other paper shall be delivered pursuant to Section 1215. (Amended by Stats. 2017, Ch. 319, Sec. 20. (AB 976) Effec…

(a) When the personal representative has complied with the terms of the order for final distribution and has filed the appropriate receipts or the court has excused the filing of a receipt as provided in Section 11753, the court shall, on ex parte petition, make an order discharg…

(a) At any time after appointment of a personal representative and whether or not letters have been issued, if it appears there is no property of any kind belonging to the estate and subject to administration, the personal representative may petition for the termination of furthe…