Title PROB — California Prob. Code

(a) For good cause, the court may allow the priority given by Section 8461 to a conservator or guardian of the estate of the decedent serving in that capacity at the time of death that has not filed a first account, or that is acting as guardian or conservator for another person,…

(a) Except as otherwise provided by statute, every person appointed as personal representative shall, before letters are issued, give a bond approved by the court. If two or more persons are appointed, the court may require either a separate bond from each or a joint and several …

(a) A bond is not required in either of the following cases: (1) The will waives the requirement of a bond. (2) All beneficiaries waive in writing the requirement of a bond and the written waivers are attached to the petition for appointment of a personal representative. This par…

(a) The court in its discretion may fix the amount of the bond, but the amount of the bond shall be not more than the sum of: (1) The estimated value of the personal property. (2) The probable annual gross income of the estate. (3) If independent administration is granted as to r…

(a) This section applies where property in the estate has been deposited pursuant to Chapter 3 (commencing with Section 9700) of Part 5 on condition that the property, including any earnings thereon, will not be withdrawn except on authorization of the court. (b) In a proceeding …

If a personal representative petitions to have the amount of the bond reduced, the petition shall include an affidavit setting forth the condition of the estate and notice of hearing shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)

A personal representative who petitions for substitution or release of a surety shall file with the petition an account in the form provided in Section 10900. The court shall not order a substitution or release unless the account is approved. (Enacted by Stats. 1990, Ch. 79.)

The personal representative shall be allowed the reasonable cost of the bond for every year it remains in force. (Enacted by Stats. 1990, Ch. 79.)

The provisions of the Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure) apply to a bond given under this division, except to the extent this division is inconsistent. (Enacted by Stats. 1990, Ch. 79.)

(a) In case of a breach of a condition of the bond, an action may be brought against the sureties on the bond for the use and benefit of the decedent’s estate or of any person interested in the estate. (b) No action may be maintained against the sureties on the bond of the person…

(a) Any interested person may petition for removal of the personal representative from office. A petition for removal may be combined with a petition for appointment of a successor personal representative under Article 7 (commencing with Section 8520). The petition shall state fa…

On removal of a personal representative from office, the court shall revoke any letters issued to the personal representative, and the authority of the personal representative ceases. (Enacted by Stats. 1990, Ch. 79.)

A personal representative may be removed from office for any of the following causes: (a) The personal representative has wasted, embezzled, mismanaged, or committed a fraud on the estate, or is about to do so. (b) The personal representative is incapable of properly executing th…

(a) Subject to subdivision (b), an administrator may be removed from office on the petition of the surviving spouse or a relative of the decedent entitled to succeed to all or part of the estate, or the nominee of the surviving spouse or relative, if such person is higher in prio…

(a) After appointment of an administrator on the ground of intestacy, the personal representative shall be removed from office on the later admission to probate of a will. (b) After appointment of an executor or administrator with the will annexed, the personal representative sha…

(a) A personal representative may be removed from office if the personal representative is found in contempt for disobeying an order of the court. (b) Notwithstanding any other provision of this article, a personal representative may be removed from office under this section by a…

A vacancy occurs in the office of a personal representative who resigns, dies, or is removed from office under Article 6 (commencing with Section 8500), or whose authority is otherwise terminated. (Enacted by Stats. 1990, Ch. 79.)

(a) Unless the will provides otherwise or the court in its discretion orders otherwise, if a vacancy occurs in the office of fewer than all personal representatives, the remaining personal representatives shall complete the administration of the estate. (b) The court, on the fili…

(a) If a vacancy occurs in the office of a personal representative and there are no other personal representatives, the court shall appoint a successor personal representative. (b) Appointment of a successor personal representative shall be made on petition and notice shall be de…

The court may make orders that are necessary to deal with the estate of the decedent between the time a vacancy occurs in the office of personal representative and appointment of a successor. Those orders may include appointment of a special administrator. (Enacted by Stats. 1990…

(a) A successor personal representative is entitled to demand, sue for, recover and collect all the estate of the decedent remaining unadministered, and may prosecute to final judgment any suit commenced by the former personal representative before the vacancy. (b) No notice, pro…

(a) The acts of the personal representative before a vacancy occurs are valid to the same extent as if no vacancy had later occurred. (b) The liability of a personal representative whose office is vacant, or of the surety on the bond, is not discharged, released, or affected by t…

(a) If the circumstances of the estate require the immediate appointment of a personal representative, the court may appoint a special administrator to exercise any powers that may be appropriate under the circumstances for the preservation of the estate. (b) The appointment may …

(a) Appointment of a special administrator may be made at any time without notice or on such notice to interested persons as the court deems reasonable. (b) In making the appointment, the court shall ordinarily give preference to the person entitled to appointment as personal rep…

(a) The clerk shall issue letters to the special administrator after both of the following conditions are satisfied: (1) The special administrator gives any bond that may be required by the court under Section 8480. (2) The special administrator takes the usual oath attached to o…

Subject to subdivision (b) of Section 8481, the court shall direct that no bond be given in either of the following cases: (a) The will waives the requirement of a bond and the person named as executor in the will is appointed special administrator. (b) All beneficiaries waive in…

(a) Except to the extent the order appointing a special administrator prescribes terms, the special administrator has the power to do all of the following without further order of the court: (1) Take possession of all of the real and personal property of the estate of the deceden…

(a) Notwithstanding Section 8544, the court may grant a special administrator the same powers, duties, and obligations as a general personal representative where to do so appears proper. Notwithstanding Section 8541, if letters have not previously been issued to a general persona…

(a) The powers of a special administrator cease on issuance of letters to a general personal representative or as otherwise directed by the court. (b) The special administrator shall promptly deliver to the general personal representative: (1) All property of the estate in the po…

(a) Subject to the limitations of this section, the court shall fix the compensation of the special administrator and the compensation of the attorney of the special administrator. (b) The compensation of the special administrator shall not be allowed until the close of administr…

As used in this article, “nonresident personal representative” means a nonresident of this state appointed as personal representative, or a resident of this state appointed as personal representative who later removes from and resides without this state.

Notwithstanding any other provision of this chapter and notwithstanding a waiver of a bond, the court in its discretion may require a nonresident personal representative to give a bond in an amount determined by the court. (Enacted by Stats. 1990, Ch. 79.)

(a) Acceptance of appointment by a nonresident personal representative is equivalent to and constitutes an irrevocable and binding appointment by the nonresident personal representative of the Secretary of State to be the attorney of the personal representative for the purpose of…

A nonresident personal representative shall sign and file with the court a statement of the permanent address of the nonresident personal representative. If the permanent address is changed, the nonresident personal representative shall promptly file in the same manner a statemen…

(a) Service of process or notice of a motion under Section 377.41 of the Code of Civil Procedure in any action or proceeding against the nonresident personal representative shall be made by delivering to and leaving with the Secretary of State two copies of the summons and compla…

Proof of compliance with Section 8574 shall be made in the following manner: (a) In the event of service by mail, by certificate of the Secretary of State, under official seal, showing the mailing. The certificate shall be filed with the court from which process issued. (b) In th…

(a) Except as provided in this section, service made under Section 8574 has the same legal force and validity as if made personally in this state. (b) A nonresident personal representative served under Section 8574 may appear and answer the complaint within 30 days from the date …

(a) Failure of a nonresident personal representative to comply with Section 8573 is cause for removal from office. (b) Nothing in this section limits the liability of, or the availability of any other remedy against, a nonresident personal representative who is removed from offic…

(a) It is the intent of the Legislature to do all of the following: (1) Reduce the incidence of financial abuse perpetrated against mentally impaired elder adults. (2) Minimize monetary losses to mentally impaired elder adults as a result of financial abuse. (3) Facilitate timely…

The definitions contained in this section shall govern the construction of this chapter, unless the context requires otherwise. (a) “Declaration” means a document that substantially complies with the requirements of Section 2954, and is signed by both a peace officer and a superv…

(a) A peace officer may issue a declaration, as provided in Section 2954, concerning an elder person if all of the following conditions are satisfied: (1) There is probable cause to believe that the elder person is substantially unable to manage his or her financial resources or …

(a) (1) A public guardian who has taken possession or control of the property of an elder person pursuant to this chapter is entitled to petition a court of competent jurisdiction for the reasonable costs incurred by the public guardian for the protection of the person or the pro…

A declaration issued by a peace officer under this chapter shall not be valid unless it substantially complies with the following form: DECLARATION PRINT OR TYPE 1. My name is:. My badge number is:. My office address and telephone number are: . 2. I am a duly sworn peace officer …

Nothing in this chapter shall prohibit or restrict a public guardian from undertaking any other proceeding authorized by law.

As used in this chapter: (a) “Absentee” is defined in Section 1403. (b) “Certificate of missing status” means the official written report complying with Section 1283 of the Evidence Code and showing the determination of the secretary of the military department or the head of the …

Upon petition as provided in this chapter, the court may set aside to the family of an absentee personal property of the absentee situated in this state for the purpose of managing, controlling, encumbering, selling, or conveying, or otherwise engaging in any transaction with res…

A petition that personal property of an absentee be set aside as provided in this chapter may be filed by any of the following persons: (a) A person in whose favor the personal property of the absentee may be set aside. (b) A person to whom the absentee has issued a general power…

(a) The petition shall contain all of the following: (1) A statement that the petition is filed under this chapter. (2) In its caption, the last known military rank or grade and the social security account number of the absentee. (3) A specific description and estimate of the val…

(a) Notice of the nature of the proceedings and the time and place of the hearing shall be given by the petitioner at least 15 days before the hearing date by all of the following means: (1) By delivery pursuant to Section 1215, together with a copy of the petition, to all person…

(a) Upon the hearing of the petition, any officer or agency of this state or the United States or the authorized delegate of the officer or agency, or any relative or friend of the absentee, may appear and support or oppose the petition. (b) If the court determines that the alleg…