Probate Code — Part 12 | PROB — United States — California law | Esheria

Probate Code

Part 12 of 14 · provisions 2,201–2,400

This section says the code is called the Probate Code.

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Estate administration Indian Child Welfare Act notice Powers of appointment abandonment of tangible personal property abatement abatement of beneficiary shares account access account administration account approvals account designations account disclosure account information requests account objections account ownership account records account settlement account termination accountability accounting accounting and reporting accounting duties accounting for estate administration accounting objections accounting to beneficiaries +1,867 more

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A personal representative may sell estate real or personal property if the chapter’s limits and conditions are met. If a personal representative refuses or neglects to sell property, an interested person may ask the court to order the sale in specified cases. If a will gives directions for how estate property must be sold, the personal representative must follow them unless the court orders otherwise. A personal representative may choose what estate property to sell first, may sell all or part of the estate’s interest in the property, and may sell by public auction or private sale, if the sale is otherwise allowed and subject to specified sections. A personal representative may treat estate assets as a unit for sale, but a private unit sale must meet a 90% minimum price and any sale involving real property must follow real-property sale rules.

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Provisions of Probate Code

Showing 200 of 2,672

  1. 6412.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. )

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    Except where Section 120 provides otherwise, dower and curtesy estates are not recognized.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. ) ## 6412. Except to the extent provided in Section 120, the estates of dower and curtesy are not recognized. (Enacted by Stats. 1990, Ch. 79.)
  2. 6413.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. )

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    A person related to the decedent through two lines of relationship gets only one share, using the relationship that gives the larger share.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. ) ## 6413. A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share. (Enacted by Stats. 1990, Ch. 79.)
  3. 6414.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. )

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    This section says the part generally does not apply to decedents who died before January 1, 1985, except as stated, and Section 6412 applies regardless of when the decedent died.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. ) ## 6414. (a) Except as provided in subdivision (b), this part does not apply where the decedent died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where the decedent died before January 1, 1985. (b) Section 6412 applies whether the decedent died before, on, or after January 1, 1985. (c) Where any of the following provisions is applied in a case where the decedent died before January 1, 1985, any reference in that provision to this part shall be deemed to be a reference to former Division 2 (commencing with Section 200) which was repealed by Section 19 of Chapter 842 of the Statutes of 1983: (1) Section 377 of the Code of Civil Procedure. (2) Section 3524 of the Penal Code. (Enacted by Stats. 1990, Ch. 79.)
  4. 642.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 3. Donee’s Required Intent [640 - 642] ( Article 3 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A power of appointment exercised by a will is effective if the power existed at the powerholder’s death but was created after the will was executed, unless the creating instrument or the will shows an intent not to allow that exercise.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 3. Donee’s Required Intent [640 - 642] ( Article 3 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 642. If a power of appointment existing at the powerholder’s death, but created after the execution of the powerholder’s will, is exercised by the will, the appointment is effective except in either of the following cases: (a) The creating instrument manifests an intent that the power may not be exercised by a will previously executed. (b) The will manifests an intent not to exercise a power subsequently acquired. (Amended by Stats. 2016, Ch. 81, Sec. 10. (AB 2846) Effective January 1, 2017.)
  5. 6450.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Parent and Child Relationship [6450 - 6455] ( Chapter 2 added by Stats. 1993, Ch. 529, Sec. 5. )

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    This section says when a parent-and-child relationship exists for intestate succession.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Parent and Child Relationship [6450 - 6455] ( Chapter 2 added by Stats. 1993, Ch. 529, Sec. 5. ) ## 6450. Subject to the provisions of this chapter, a relationship of parent and child exists for the purpose of determining intestate succession by, through, or from a person in the following circumstances: (a) The relationship of parent and child exists between a person and the person’s natural parents, regardless of the marital status of the natural parents. (b) The relationship of parent and child exists between an adopted person and the person’s adopting parent or parents. (Added by Stats. 1993, Ch. 529, Sec. 5. Effective January 1, 1994.)
  6. 6451.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Parent and Child Relationship [6450 - 6455] ( Chapter 2 added by Stats. 1993, Ch. 529, Sec. 5. )

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    An adoption usually ends the legal parent-child relationship between an adopted person and a natural parent, except in specified family situations.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Parent and Child Relationship [6450 - 6455] ( Chapter 2 added by Stats. 1993, Ch. 529, Sec. 5. ) ## 6451. (a) An adoption severs the relationship of parent and child between an adopted person and a natural parent of the adopted person unless both of the following requirements are satisfied: (1) The natural parent and the adopted person lived together at any time as parent and child, or the natural parent was married to or cohabiting with the other natural parent at the time the person was conceived and died before the person’s birth. (2) The adoption was by the spouse of either of the natural parents or after the death of either of the natural parents. (b) Neither a natural parent nor a relative of a natural parent, except for a wholeblood brother or sister of the adopted person or the issue of that brother or sister, inherits from or through the adopted person on the basis of a parent and child relationship between the adopted person and the natural parent that satisfies the requirements of paragraphs (1) and (2) of subdivision (a), unless the adoption is by the spouse or surviving spouse of that parent. (c) For the purpose of this section, a prior adoptive parent and child relationship is treated as a natural parent and child relationship. (Added by Stats. 1993, Ch. 529, Sec. 5. Effective January 1, 1994.)
  7. 6452.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Parent and Child Relationship [6450 - 6455] ( Chapter 2 added by Stats. 1993, Ch. 529, Sec. 5. )

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    A parent may be barred from inheriting from or through a child if parental rights were terminated, the child was not acknowledged, or the parent abandoned the child for the stated period.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Parent and Child Relationship [6450 - 6455] ( Chapter 2 added by Stats. 1993, Ch. 529, Sec. 5. ) ## 6452. (a) A parent does not inherit from or through a child on the basis of the parent and child relationship if any of the following apply: (1) The parent’s parental rights were terminated and the parent-child relationship was not judicially reestablished. (2) The parent did not acknowledge the child. (3) The parent left the child during the child’s minority without an effort to provide for the child’s support or without communication from the parent, for at least seven consecutive years that continued until the end of the child’s minority, with the intent on the part of the parent to abandon the child. The failure to provide support or to communicate for the prescribed period is presumptive evidence of an intent to abandon. (b) A parent who does not inherit from or through the child as provided in subdivision (a) shall be deemed to have predeceased the child, and the intestate estate shall pass as otherwise required under Section 6402. (Repealed and added by Stats. 2013, Ch. 39, Sec. 2. (AB 490) Effective January 1, 2014.)
  8. 6453.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Parent and Child Relationship [6450 - 6455] ( Chapter 2 added by Stats. 1993, Ch. 529, Sec. 5. )

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    This section explains when a person is treated as a natural parent for this chapter.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Parent and Child Relationship [6450 - 6455] ( Chapter 2 added by Stats. 1993, Ch. 529, Sec. 5. ) ## 6453. For the purpose of determining whether a person is a “natural parent” as that term is used in this chapter: (a) A natural parent and child relationship is established where that relationship is presumed and not rebutted pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code). (b) A natural parent and child relationship may be established pursuant to any other provisions of the Uniform Parentage Act, except that the relationship may not be established by an action under subdivision (c) of Section 7630 of the Family Code unless any of the following conditions exist: (1) A court order was entered during the parent’s lifetime declaring parentage. (2) Parentage is established by clear and convincing evidence that the parent has openly held out the child as that parent’s own. (3) It was impossible for the parent to hold out the child as that parent’s own and parentage is established by clear and convincing evidence, which may include genetic DNA evidence acquired during the parent’s lifetime. (c) A natural parent and child relationship may be established pursuant to Section 249.5. (Amended by Stats. 2018, Ch. 116, Sec. 1. (SB 1436) Effective January 1, 2019.)
  9. 6454.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Parent and Child Relationship [6450 - 6455] ( Chapter 2 added by Stats. 1993, Ch. 529, Sec. 5. )

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    For intestate succession, a parent-child relationship can exist between a person and a foster parent or stepparent if the relationship began during minority, continued through both lives, and there is clear and convincing evidence the person would have been adopted but for a legal barrier.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Parent and Child Relationship [6450 - 6455] ( Chapter 2 added by Stats. 1993, Ch. 529, Sec. 5. ) ## 6454. For the purpose of determining intestate succession by a person or the person’s issue from or through a foster parent or stepparent, the relationship of parent and child exists between that person and the person’s foster parent or stepparent if both of the following requirements are satisfied: (a) The relationship began during the person’s minority and continued throughout the joint lifetimes of the person and the person’s foster parent or stepparent. (b) It is established by clear and convincing evidence that the foster parent or stepparent would have adopted the person but for a legal barrier. (Added by Stats. 1993, Ch. 529, Sec. 5. Effective January 1, 1994.)
  10. 6455.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Parent and Child Relationship [6450 - 6455] ( Chapter 2 added by Stats. 1993, Ch. 529, Sec. 5. )

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    This section says the chapter does not affect or limit equitable adoption for the benefit of a child or the child’s issue.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Parent and Child Relationship [6450 - 6455] ( Chapter 2 added by Stats. 1993, Ch. 529, Sec. 5. ) ## 6455. Nothing in this chapter affects or limits application of the judicial doctrine of equitable adoption for the benefit of the child or the child’s issue. (Added by Stats. 1993, Ch. 529, Sec. 5. Effective January 1, 1994.)
  11. 650.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 4. Types of Appointments [650 - 652] ( Article 4 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A powerholder of a general power of appointment may make appointments in several forms, including all or part of the property, present or future interests, in trust, and by creating a new power of appointment.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 4. Types of Appointments [650 - 652] ( Article 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 650. (a) The powerholder of a general power of appointment may make an appointment: (1) Of all of the appointive property at one time, or several partial appointments at different times, where the power is exercisable inter vivos. (2) Of present or future interests or both. (3) Subject to conditions or charges. (4) Subject to otherwise lawful restraints on the alienation of the appointed interest. (5) In trust. (6) Creating a new power of appointment. (b) The listing in subdivision (a) is illustrative, not exclusive. (Amended by Stats. 2016, Ch. 81, Sec. 11. (AB 2846) Effective January 1, 2017.)
  12. 6500.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Temporary Possession of Family Dwelling and Exempt Property [6500 - 6501] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    The surviving spouse and minor children may stay in possession of the family dwelling and certain exempt family property until the inventory is filed and for 60 days after that, unless the court orders a different period for good cause on petition.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Temporary Possession of Family Dwelling and Exempt Property [6500 - 6501] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 6500. Until the inventory is filed and for a period of 60 days thereafter, or for such other period as may be ordered by the court for good cause on petition therefor, the decedent’s surviving spouse and minor children are entitled to remain in possession of the family dwelling, the wearing apparel of the family, the household furniture, and the other property of the decedent exempt from enforcement of a money judgment. (Enacted by Stats. 1990, Ch. 79.)
  13. 6501.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Temporary Possession of Family Dwelling and Exempt Property [6500 - 6501] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    Any interested person may file a petition for an order under Section 6500, and notice of the hearing must be given under Section 1220.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Temporary Possession of Family Dwelling and Exempt Property [6500 - 6501] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 6501. A petition for an order under Section 6500 may be filed by any interested person. Notice of the hearing on the petition shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  14. 651.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 4. Types of Appointments [650 - 652] ( Article 4 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A holder of a special power may make any appointment that a holder of a general power could make under Section 650, but only if the creating instrument allows it.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 4. Types of Appointments [650 - 652] ( Article 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 651. Subject to the limitations imposed by the creating instrument, the powerholder of a special power may make any of the types of appointment permissible for the powerholder of a general power under Section 650. (Amended by Stats. 2016, Ch. 81, Sec. 12. (AB 2846) Effective January 1, 2017.)
  15. 6510.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Setting Aside Exempt Property Other Than Family Dwelling [6510 - 6511] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    The court may, on petition and at certain times during estate administration, set aside exempt property other than the family dwelling for the surviving spouse or the decedent’s minor children.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Setting Aside Exempt Property Other Than Family Dwelling [6510 - 6511] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 6510. Upon the filing of the inventory or at any subsequent time during the administration of the estate, the court in its discretion may on petition therefor set apart all or any part of the property of the decedent exempt from enforcement of a money judgment, other than the family dwelling, to any one or more of the following: (a) The surviving spouse. (b) The minor children of the decedent. (Enacted by Stats. 1990, Ch. 79.)
  16. 6511.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Setting Aside Exempt Property Other Than Family Dwelling [6510 - 6511] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    Any interested person may file a petition for an order under Section 6510, and notice of the hearing must be given under Section 1220.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Setting Aside Exempt Property Other Than Family Dwelling [6510 - 6511] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 6511. A petition for an order under Section 6510 may be filed by any interested person. Notice of the hearing on the petition shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  17. 652.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 4. Types of Appointments [650 - 652] ( Article 4 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A holder of a special power of appointment may appoint all or part of the property to one or more permissible appointees and exclude others, unless subdivision (b) applies.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 4. Types of Appointments [650 - 652] ( Article 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 652. (a) Except as provided in subdivision (b), the powerholder of a special power of appointment may appoint the whole or any part of the appointive property to any one or more of the permissible appointees and exclude others. (b) If the donor specifies either a minimum or maximum share or amount to be appointed to one or more of the permissible appointees, the exercise of the power must conform to the specification. (Amended by Stats. 2016, Ch. 81, Sec. 13. (AB 2846) Effective January 1, 2017.)
  18. 6520.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    The court may, on petition, select and set apart one probate homestead during estate administration.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6520. Upon the filing of the inventory or at any subsequent time during the administration of the estate, the court in its discretion may on petition therefor select and set apart one probate homestead in the manner provided in this chapter. (Enacted by Stats. 1990, Ch. 79.)
  19. 6521.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    The probate homestead must be set apart for use by the surviving spouse or the decedent’s minor children.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6521. The probate homestead shall be set apart for the use of one or more of the following persons: (a) The surviving spouse. (b) The minor children of the decedent. (Enacted by Stats. 1990, Ch. 79.)
  20. 6522.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    The probate homestead must be selected from specified property types, and it cannot be taken from property possessed by a third person unless that person consents.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6522. (a) The probate homestead shall be selected out of the following property, giving first preference to the community and quasi-community property of, or property owned in common by, the decedent and the person entitled to have the homestead set apart: (1) If the homestead is set apart for the use of the surviving spouse or for the use of the surviving spouse and minor children, out of community property or quasi-community property. (2) If the homestead is set apart for the use of the surviving spouse or for the use of the minor children or for the use of the surviving spouse and minor children, out of property owned in common by the decedent and the persons entitled to have the homestead set apart, or out of the separate property of the decedent or, if the decedent was not married at the time of death, out of property owned by the decedent. (b) The probate homestead shall not be selected out of property the right to possession of which is vested in a third person unless the third person consents thereto. As used in this subdivision, “third person” means a person whose right to possession of the property (1) existed at the time of the death of the decedent or came into existence upon the death of the decedent and (2) was not created by testate or intestate succession from the decedent. (Amended by Stats. 1990, Ch. 710, Sec. 17. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  21. 6523.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    When selecting a probate homestead, the court must consider listed family, creditor, and estate factors, then choose suitable property and set it apart on proper terms and conditions.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6523. (a) In selecting and setting apart the probate homestead, the court shall consider the needs of the surviving spouse and minor children, the liens and encumbrances on the property, the claims of creditors, the needs of the heirs or devisees of the decedent, and the intent of the decedent with respect to the property in the estate and the estate plan of the decedent as expressed in inter vivos and testamentary transfers or by other means. (b) The court, in light of subdivision (a) and other relevant considerations as determined by the court in its discretion, shall: (1) Select as a probate homestead the most appropriate property available that is suitable for that use, including in addition to the dwelling itself such adjoining property as appears reasonable. (2) Set the probate homestead so selected apart for such a term and upon such conditions (including, but not limited to, assignment by the homestead recipient of other property to the heirs or devisees of the property set apart as a homestead) as appear proper. (Enacted by Stats. 1990, Ch. 79.)
  22. 6524.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A probate homestead may be set apart only for a limited period, and never past the surviving spouse’s lifetime or a child’s minority.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6524. The property set apart as a probate homestead shall be set apart only for a limited period, to be designated in the order, and in no case beyond the lifetime of the surviving spouse, or, as to a child, beyond its minority. Subject to the probate homestead right, the property of the decedent remains subject to administration including testate and intestate succession. The rights of the parties during the period for which the probate homestead is set apart are governed, to the extent applicable, by the Legal Estates Principal and Income Law, Chapter 2.6 (commencing with Section 731) of Title 2 of Part 1 of Division 2 of the Civil Code. (Enacted by Stats. 1990, Ch. 79.)
  23. 6525.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Any interested person may file a petition to select and set apart a probate homestead.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6525. (a) A petition to select and set apart a probate homestead may be filed by any interested person. (b) Notice of the hearing on the petition shall be given 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 petition. (3) Each known devisee whose interest in the estate would be affected by the petition. (Enacted by Stats. 1990, Ch. 79.)
  24. 6526.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Property set aside as a probate homestead can still be reached for estate claims, liens, and later successor claims, but the homestead right limits that liability and can exempt some claims.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6526. (a) Property of the decedent set apart as a probate homestead is liable for claims against the estate of the decedent, subject to the probate homestead right. The probate homestead right in property of the decedent is liable for claims that are secured by liens and encumbrances on the property at the time of the decedent’s death but is exempt to the extent of the homestead exemption as to any claim that would have been subject to a homestead exemption at the time of the decedent’s death under Article 4 (commencing with Section 704.710) of Chapter 4 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. (b) The probate homestead right in the property of the decedent is not liable for claims against the person for whose use the probate homestead is set apart. (c) Property of the decedent set apart as a probate homestead is liable for claims against the testate or intestate successors of the decedent or other successors to the property after administration, subject to the probate homestead right. (Enacted by Stats. 1990, Ch. 79.)
  25. 6527.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court may modify or end a probate homestead right before final distribution, if it finds that appropriate. Certain people may file a petition, and notice of the hearing must be given to the listed persons.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6527. (a) The court may by order modify the term or conditions of the probate homestead right or terminate the probate homestead right at any time prior to entry of an order for final distribution of the decedent’s estate if in the court’s discretion to do so appears appropriate under the circumstances of the case. (b) A petition for an order under this section may be filed by any of the following: (1) The person for whose use the probate homestead is set apart. (2) The testate or intestate successors of the decedent or other successors to the property set apart as a probate homestead. (3) Persons having claims secured by liens or encumbrances on the property set apart as a probate homestead. (c) Notice of the hearing on the petition shall be given to all the persons listed in subdivision (b) as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  26. 6528.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section says the chapter does not end or change a homestead declaration for a surviving spouse or minor child in the decedent’s estate property interests.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Setting Aside Probate Homestead [6520 - 6528] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6528. Nothing in this chapter terminates or otherwise affects a declaration of homestead by, or for the benefit of, a surviving spouse or minor child of the decedent with respect to the community, quasi-community, or common interest of the surviving spouse or minor child in property in the decedent’s estate. This section is declaratory of, and does not constitute a change in, existing law. (Enacted by Stats. 1990, Ch. 79.)
  27. 6540.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Family Allowance [6540 - 6545] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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    The decedent’s spouse, minor children, and certain dependent adult children are entitled to a reasonable family allowance from the estate; the court may also allow it to other dependent adult children and dependent parents.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Family Allowance [6540 - 6545] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 6540. (a) The following are entitled to such reasonable family allowance out of the estate as is necessary for their maintenance according to their circumstances during administration of the estate: (1) The surviving spouse of the decedent. (2) Minor children of the decedent. (3) Adult children of the decedent who are physically or mentally incapacitated from earning a living and were actually dependent in whole or in part upon the decedent for support. (b) The following may be given such reasonable family allowance out of the estate as the court in its discretion determines is necessary for their maintenance according to their circumstances during administration of the estate: (1) Other adult children of the decedent who were actually dependent in whole or in part upon the decedent for support. (2) A parent of the decedent who was actually dependent in whole or in part upon the decedent for support. (c) If a person otherwise eligible for family allowance has a reasonable maintenance from other sources and there are one or more other persons entitled to a family allowance, the family allowance shall be granted only to those who do not have a reasonable maintenance from other sources. (Enacted by Stats. 1990, Ch. 79.)
  28. 6541.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Family Allowance [6540 - 6545] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court may grant or change a family allowance when an interested person petitions for it.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Family Allowance [6540 - 6545] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 6541. (a) The court may grant or modify a family allowance on petition of any interested person. (b) With respect to an order for the family allowance provided for in subdivision (a) of Section 6540: (1) Before the inventory is filed, the order may be made or modified either (A) ex parte or (B) after notice of the hearing on the petition has been given as provided in Section 1220. (2) After the inventory is filed, the order may be made or modified only after notice of the hearing on the petition has been given as provided in Section 1220. (c) An order for the family allowance provided in subdivision (b) of Section 6540 may be made only after notice of the hearing on the petition has been given 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 petition. (3) Each known devisee whose interest in the estate would be affected by the petition. (Enacted by Stats. 1990, Ch. 79.)
  29. 6542.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Family Allowance [6540 - 6545] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A family allowance starts on the court’s order date or another time set by the court, but it cannot be made retroactive to before the decedent’s death.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Family Allowance [6540 - 6545] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 6542. A family allowance commences on the date of the court’s order or such other time as may be provided in the court’s order, whether before or after the date of the order, as the court in its discretion determines, but the allowance may not be made retroactive to a date earlier than the date of the decedent’s death. (Enacted by Stats. 1990, Ch. 79.)
  30. 6543.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Family Allowance [6540 - 6545] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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    A family allowance ends by the estate’s final distribution, or sooner under the insolvency rule; the court can also modify or end it.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Family Allowance [6540 - 6545] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 6543. (a) A family allowance shall terminate no later than the entry of the order for final distribution of the estate or, if the estate is insolvent, no later than one year after the granting of letters. (b) Subject to subdivision (a), a family allowance shall continue until modified or terminated by the court or until such time as the court may provide in its order. (Enacted by Stats. 1990, Ch. 79.)
  31. 6544.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Family Allowance [6540 - 6545] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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    The estate must pay the costs of proceedings under this chapter as administration expenses.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Family Allowance [6540 - 6545] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 6544. The costs of proceedings under this chapter shall be paid by the estate as expenses of administration. (Enacted by Stats. 1990, Ch. 79.)
  32. 6545.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Family Allowance [6540 - 6545] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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    An appeal does not stop proceedings or enforcement if the person benefiting from the order gives an undertaking for double the payment amount.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Family Allowance [6540 - 6545] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 6545. Notwithstanding Chapter 2 (commencing with Section 916) of Title 13 of Part 2 of the Code of Civil Procedure, the perfecting of an appeal from an order made under this chapter does not stay proceedings under this chapter or the enforcement of the order appealed from if the person in whose favor the order is made gives an undertaking in double the amount of the payment or payments to be made to that person. The undertaking shall be conditioned that if the order appealed from is modified or reversed so that the payment or any part thereof to the person proves to have been unwarranted, the payment or part thereof shall, unless deducted from any preliminary or final distribution ordered in favor of the person, be repaid and refunded into the estate within 30 days after the court so orders following the modification or reversal, together with interest and costs. (Enacted by Stats. 1990, Ch. 79.)
  33. 66.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “quasi-community property” and describes the kinds of property that count as it.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 66. “Quasi-community property” means the following property, other than community property as defined in Section 28: (a) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired by a decedent while domiciled elsewhere that would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time of its acquisition. (b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired in exchange for real or personal property, wherever situated, that would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time the property so exchanged was acquired. (Enacted by Stats. 1990, Ch. 79.)
  34. 660.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 5. Contracts to Appoint; Releases [660 - 662] ( Article 5 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A powerholder may contract to make an appointment only when the power is presently exercisable, with a limited exception for the same person serving as donor and powerholder.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 5. Contracts to Appoint; Releases [660 - 662] ( Article 5 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 660. (a) The powerholder of a power of appointment that is presently exercisable, whether general or special, can contract to make an appointment to the same extent that the powerholder could make an effective appointment. (b) The powerholder of a power of appointment cannot contract to make an appointment while the power of appointment is not presently exercisable. If a promise to make an appointment under such a power is not performed, the promisee cannot obtain either specific performance or damages, but the promisee is not prevented from obtaining restitution of the value given by the promisee for the promise. (c) Unless the creating instrument expressly provides that the powerholder may not contract to make an appointment while the power of appointment is not presently exercisable, subdivision (b) does not apply to the case where the donor and the powerholder are the same person. In this case, the powerholder can contract to make an appointment to the same extent that the powerholder could make an effective appointment if the power of appointment were presently exercisable. (Amended by Stats. 2016, Ch. 81, Sec. 14. (AB 2846) Effective January 1, 2017.)
  35. 6600.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    This section defines “decedent’s estate” for this chapter and excludes certain jointly held property, death-terminating interests, and some multiple-party accounts from the estate calculation.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6600. (a) Subject to subdivision (b), for the purposes of this chapter, “decedent’s estate” means all the decedent’s personal property, wherever located, and all the decedent’s real property located in this state. (b) For the purposes of this chapter: (1) Any property or interest or lien thereon which, at the time of the decedent’s death, was held by the decedent as a joint tenant, or in which the decedent had a life or other interest terminable upon the decedent’s death, shall be excluded in determining the estate of the decedent or its value. (2) A multiple-party account to which the decedent was a party at the time of the decedent’s death shall be excluded in determining the estate of the decedent or its value, whether or not all or a portion of the sums on deposit are community property, to the extent that the sums on deposit belong after the death of the decedent to a surviving party, P.O.D. payee, or beneficiary. As used in this paragraph, the terms “multiple-party account,” “party,” “P.O.D. payee,” and “beneficiary” have the meanings given those terms in Article 2 (commencing with Section 5120) of Chapter 1 of Part 2 of Division 5. (Enacted by Stats. 1990, Ch. 79.)
  36. 6601.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    This section defines “minor child” as a child of the decedent who was under 18 when the decedent died and who survived the decedent.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6601. As used in this chapter, “minor child” means a child of the decedent who was under the age of 18 at the time of the decedent’s death and who survived the decedent. (Enacted by Stats. 1990, Ch. 79.)
  37. 6602.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    A petition may be filed to ask for a small-estate set-aside for the decedent’s surviving spouse and minor children, if the estate’s net value stays within the stated limit.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6602. A petition may be filed under this chapter requesting an order setting aside the decedent’s estate to the decedent’s surviving spouse and minor children, or one or more of them, as provided in this chapter, if the net value of the decedent’s estate, over and above all liens and encumbrances at the date of death and over and above the value of any probate homestead interest set apart out of the decedent’s estate under Section 6520, does not exceed eighty-five thousand nine hundred dollars ($85,900), as adjusted periodically in accordance with Section 890. (Amended by Stats. 2019, Ch. 122, Sec. 2. (AB 473) Effective January 1, 2020.)
  38. 6603.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The petition must be filed in the superior court of a county where the decedent’s estate may be administered.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6603. The petition shall be filed in the superior court of a county in which the estate of the decedent may be administered. (Enacted by Stats. 1990, Ch. 79.)
  39. 6604.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A petition under this section must state that the chapter applies and include specified information about the decedent’s estate, heirs, property, liabilities, and requested disposition.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6604. (a) The petition shall allege that this chapter applies and request that an order be made setting aside the estate of the decedent as provided in this chapter. (b) The petition shall include the following: (1) If proceedings for administration of the estate are not pending, the facts necessary to determine the county in which the estate of the decedent may be administered. (2) The name, age, address, and relation to the decedent of each heir and devisee of the decedent, so far as known to the petitioner. (3) A specific description and estimate of the value of the decedent’s estate and a list of all liens and encumbrances at the date of death. (4) A specific description and estimate of the value of any of the decedent’s real property located outside this state that passed to the surviving spouse and minor children of the decedent, or any one or more of them, under the will of the decedent or by intestate succession. (5) A specific description and estimate of the value of any of the decedent’s property described in subdivision (b) of Section 6600 that passed to the surviving spouse and minor children of the decedent, or any one or more of them, upon the death of the decedent. (6) A designation of any property as to which a probate homestead is set apart out of the decedent’s estate under Section 6520. (7) A statement of any unpaid liabilities for expenses of the last illness, funeral charges, and expenses of administration. (8) The requested disposition of the estate of the decedent under this chapter and the considerations that justify the requested disposition. (Enacted by Stats. 1990, Ch. 79.)
  40. 6605.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    A petition under this chapter can be filed in pending estate proceedings without an extra fee, may be filed with certain other probate petitions if proceedings have not started, and may be filed before final distribution of the estate.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6605. (a) If proceedings for the administration of the estate of the decedent are pending, a petition under this chapter shall be filed in those proceedings without the payment of an additional fee. (b) If proceedings for the administration of the estate of the decedent have not yet been commenced, a petition under this chapter may be filed concurrently with a petition for the probate of the decedent’s will or for administration of the estate of the decedent, or, if no petition for probate or for administration is being filed, a petition under this chapter may be filed independently. (c) A petition may be filed under this chapter at any time prior to the entry of the order for final distribution of the estate. (Enacted by Stats. 1990, Ch. 79.)
  41. 6606.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    This section lists who may file a petition under the small estate set-aside chapter, including the executor named in the will, the surviving spouse, certain guardians, a qualifying minor child, or a personal representative if one has been appointed.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6606. (a) A petition may be filed under this chapter by any of the following: (1) The person named in the will of the decedent as executor. (2) The surviving spouse of the decedent. (3) The guardian of a minor child of the decedent. (4) A child of the decedent who was a minor at the time the decedent died. (5) The personal representative if a personal representative has been appointed for the decedent’s estate. (b) The guardian of a minor child of the decedent may file the petition without authorization or approval of the court in which the guardianship proceeding is pending. (Enacted by Stats. 1990, Ch. 79.)
  42. 6607.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    The petitioner must give notice of the hearing and send the petition copy to specified family members and interested persons, with timing rules depending on whether estate proceedings are already pending or joined.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6607. (a) Where proceedings for the administration of the estate of the decedent are not pending when the petition is filed under this chapter and the petition under this chapter is not joined with a petition for the probate of the decedent’s will or for administration of the estate of the decedent, the petitioner shall give notice of the hearing on the petition as provided in Section 1220 to (1) each person named as executor in the decedent’s will and to (2) each heir or devisee of the decedent, if known to the petitioner. A copy of the petition shall be sent with the notice of hearing to the surviving spouse, each child, and each devisee who is not petitioning. (b) If the petition under this chapter is filed with a petition for the probate of the decedent’s will or with a petition for administration of the estate of the deceased spouse, notice of the hearing on the petition shall be given to the persons and in the manner prescribed by Section 8003 and shall be included in the notice required by that section. (c) If proceedings for the administration of the estate of the decedent are pending when the petition is filed under this chapter and the hearing of the petition for probate of the will or administration of the estate of the decedent is set for a day more than 15 days after the filing of the petition filed under this chapter, the petition under this chapter shall be set for hearing at the same time as the petition for probate of the will or for administration of the estate, and notice of hearing on the petition filed under this chapter shall be given by the petitioner as provided in Section 1220. If the hearing of the petition for probate of the will or for administration of the estate is not set for hearing for a day more than 15 days after the filing of the petition under this chapter, (1) the petition filed under this chapter shall be set for hearing at least 15 days after the date on which it is filed, (2) notice of the hearing on the petition filed under this chapter shall be given by the petitioner as provided in Section 1220, and (3) if the petition for probate of the will or for administration of the estate has not already been heard, that petition shall be continued until that date and heard at the same time unless the court otherwise orders. (Enacted by Stats. 1990, Ch. 79.)
  43. 6608.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    If a petition is filed under this chapter, the personal representative—or the petitioner if no personal representative has been appointed—must file an inventory and appraisal with the clerk of the court before the petition hearing. The personal representative or petitioner may also appraise certain assets.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6608. If a petition is filed under this chapter, the personal representative, or the petitioner if no personal representative has been appointed, shall file with the clerk of the court, prior to the hearing of the petition, an inventory and appraisal made as provided in Part 3 (commencing with Section 8800) of Division 7. The personal representative or the petitioner, as the case may be, may appraise the assets which a personal representative could appraise under Section 8901. (Enacted by Stats. 1990, Ch. 79.)
  44. 6609.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    If the estate’s net value is at or below $85,900, the court must make a small-estate order unless that would be inequitable.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6609. (a) If the court determines that the net value of the decedent’s estate, over and above all liens and encumbrances at the date of death of the decedent and over and above the value of any probate homestead interest set apart out of the decedent’s estate under Section 6520, does not exceed eighty-five thousand nine hundred dollars ($85,900), as adjusted periodically in accordance with Section 890, as of the date of the decedent’s death, the court shall make an order under this section unless the court determines that making an order under this section would be inequitable under the circumstances of the particular case. (b) In determining whether to make an order under this section, the court shall consider the needs of the surviving spouse and minor children, the liens and encumbrances on the property of the decedent’s estate, the claims of creditors, the needs of the heirs or devisees of the decedent, the intent of the decedent with respect to the property in the estate and the estate plan of the decedent as expressed in inter vivos and testamentary transfers or by other means, and any other relevant considerations. If the surviving spouse has remarried at the time the petition is heard, it shall be presumed that the needs of the surviving spouse do not justify the setting aside of the small estate, or any portion thereof, to the surviving spouse. This presumption is a presumption affecting the burden of proof. (c) Subject to subdivision (d), if the court makes an order under this section, the court shall assign the whole of the decedent’s estate, subject to all liens and encumbrances on property in the estate at the date of the decedent’s death, to the surviving spouse and the minor children of the decedent, or any one or more of them. (d) If there are any liabilities for expenses of the last illness, funeral charges, or expenses of administration that are unpaid at the time the court makes an order under this section, the court shall make the necessary orders for payment of those unpaid liabilities. (e) Title to property in the decedent’s estate vests absolutely in the surviving spouse, minor children, or any or all of them, as provided in the order, subject to all liens and encumbrances on property in the estate at the date of the decedent’s death, and there shall be no further proceedings in the administration of the decedent’s estate unless additional property in the decedent’s estate is discovered. (Amended by Stats. 2019, Ch. 122, Sec. 3. (AB 473) Effective January 1, 2020.)
  45. 661.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 5. Contracts to Appoint; Releases [660 - 662] ( Article 5 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A powerholder may release a discretionary power of appointment by signed written instrument and must deliver the release as required by the section.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 5. Contracts to Appoint; Releases [660 - 662] ( Article 5 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 661. (a) Unless the creating instrument otherwise provides, a general or special power of appointment that is a discretionary power, whether testamentary or otherwise, may be released, either with or without consideration, by a written instrument signed by the powerholder and delivered as provided in subdivision (c). (b) A releasable power may be released with respect to the whole or any part of the appointive property and may also be released in such manner as to reduce or limit the permissible appointees. No partial release of a power shall be deemed to make imperative the remaining power that was not imperative before the release unless the instrument of release expressly so provides. No release of a power that is not presently exercisable is permissible where the donor designated persons or a class to take in default of the powerholder’s exercise of the power unless the release serves to benefit all persons designated as provided by the donor. (c) A release shall be delivered as follows: (1) If the creating instrument specifies a person to whom a release is to be delivered, the release shall be delivered to that person, but delivery need not be made as provided in this paragraph if the person cannot with due diligence be found. (2) In a case where the property to which the power relates is held by a trustee, the release shall be delivered to the trustee. (3) In a case not covered by paragraph (1) or (2), the release may be delivered to any of the following: (A) A person, other than the powerholder, who could be adversely affected by the exercise of the power. (B) The county recorder of the county in which the powerholder resides or in which the deed, will, or other instrument creating the power is filed. (d) A release of a power of appointment that affects real property or obligations secured by real property shall be acknowledged and proved, and may be certified and recorded, in like manner and with like effect as grants of real property, and all statutory provisions relating to the recordation or nonrecordation of conveyances of real property and to the effect thereof apply to a release with like effect, without regard to the date when the release was delivered, if at all, pursuant to subdivision (c). Failure to deliver, pursuant to subdivision (c), a release that is recorded pursuant to this subdivision does not affect the validity of any transaction with respect to the real property or obligation secured thereby, and the general laws of this state on recording and its effect govern the transaction. (e) This section does not impair the validity of a release made before July 1, 1970. (Amended by Stats. 2016, Ch. 81, Sec. 15. (AB 2846) Effective January 1, 2017.)
  46. 6610.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    When an order under Section 6609 becomes final, it is conclusive on all persons, including people not yet in being.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6610. Upon becoming final, an order under Section 6609 shall be conclusive on all persons, whether or not they are then in being. (Enacted by Stats. 1990, Ch. 79.)
  47. 6611.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    People who received title under Section 6609 can be personally liable for the decedent’s unsecured debts, but only up to a capped amount. Certain family members or a guardian may raise defenses the decedent could have used, and some creditor actions are barred unless specific timing or acknowledgment exceptions apply.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6611. (a) Subject to the limitations and conditions specified in this section, the person or persons in whom title vested pursuant to Section 6609 are personally liable for the unsecured debts of the decedent. (b) The personal liability of a person under this section does not exceed the fair market value at the date of the decedent’s death of the property title to which vested in that person pursuant to Section 6609, less the total of all of the following: (1) The amount of any liens and encumbrances on that property. (2) The value of any probate homestead interest set apart under Section 6520 out of that property. (3) The value of any other property set aside under Section 6510 out of that property. (c) In any action or proceeding based upon an unsecured debt of the decedent, the surviving spouse of the decedent, the child or children of the decedent, or the guardian of the minor child or children of the decedent, may assert any defense, cross-complaint, or setoff which would have been available to the decedent if the decedent had not died. (d) If proceedings are commenced in this state for the administration of the estate of the decedent and the time for filing claims has commenced, any action upon the personal liability of a person under this section is barred to the same extent as provided for claims under Part 4 (commencing with Section 9000) of Division 7, except as to the following: (1) Creditors who commence judicial proceedings for the enforcement of the debt and serve the person liable under this section with the complaint therein prior to the expiration of the time for filing claims. (2) Creditors who have or who secure an acknowledgment in writing of the person liable under this section that that person is liable for the debts. (3) Creditors who file a timely claim in the proceedings for the administration of the estate of the decedent. (e) Section 366.2 of the Code of Civil Procedure applies in an action under this section. (Amended by Stats. 1992, Ch. 178, Sec. 32. Effective January 1, 1993.)
  48. 6612.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    If a small-estate petition is filed together with a probate or administration petition and the court does not make an order under Section 6609, the court must proceed with the probate or administration petition as if the small-estate petition had never been filed.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6612. If a petition filed under this chapter is filed with a petition for the probate of the decedent’s will or for administration of the estate of the decedent and the court determines not to make an order under Section 6609, the court shall act on the petition for probate of the decedent’s will or for administration of the estate of the decedent in the same manner as if no petition had been filed under this chapter, and the estate shall then be administered in the same manner as if no petition had been filed under this chapter. (Enacted by Stats. 1990, Ch. 79.)
  49. 6613.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    Attorney fees for work on this chapter are set by private agreement between attorney and client, and the court does not approve them unless there is a dispute and a petition is filed.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6613. The attorney’s fees for services performed in connection with the filing of a petition and the obtaining of a court order under this chapter shall be determined by private agreement between the attorney and the client and are not subject to approval by the court. If there is no agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining of a court order under this chapter and there is a dispute concerning the reasonableness of the attorney’s fees for those services, a petition may be filed with the court in the same proceeding requesting that the court determine the reasonableness of the attorney’s fees for those services. If there is an agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the meaning of the agreement, a petition may be filed with the court in the same proceeding requesting that the court determine the dispute. (Enacted by Stats. 1990, Ch. 79.)
  50. 6614.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    The small estate set-aside rules in Sections 6600 to 6613 do not apply if the decedent died before July 1, 1987.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6614. Sections 6600 to 6613, inclusive, do not apply if the decedent died before July 1, 1987. If the decedent died before July 1, 1987, the case continues to be governed by the law applicable to the case prior to July 1, 1987. (Enacted by Stats. 1990, Ch. 79.)
  51. 6615.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    References to the repealed former Sections 640 to 647.5 are treated as references to the comparable provisions of this chapter.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 3. FAMILY PROTECTION [6500 - 6615] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Small Estate Set-Aside [6600 - 6615] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 6615. A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 640 to 647.5, inclusive, repealed by Chapter 783 of the Statutes of 1986, shall be deemed to be a reference to the comparable provisions of this chapter. (Enacted by Stats. 1990, Ch. 79.)
  52. 662.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 5. Contracts to Appoint; Releases [660 - 662] ( Article 5 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A minor’s guardian must make a release only under a court order; the guardian or another interested person may ask the court for that order.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 5. Contracts to Appoint; Releases [660 - 662] ( Article 5 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 662. (a) A release on behalf of a minor powerholder shall be made by the guardian of the estate of the minor pursuant to an order of court obtained under this section. (b) The guardian or other interested person may file a petition with the court in which the guardianship of the estate proceeding is pending for an order of the court authorizing or requiring the guardian to release the ward’s powers as a powerholder or a power of appointment in whole or in part. (c) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1 of Division 4 to all of the following (other than the petitioner or persons joining in the petition): (1) The persons required to be given notice under Chapter 3 (commencing with Section 1460) of Part 1 of Division 4. (2) The donor of the power, if alive. (3) The trustee, if the property to which the power relates is held by a trustee. (4) Other persons as ordered by the court. (d) After hearing, the court in its discretion may make an order authorizing or requiring the guardian to release on behalf of the ward a general or special power of appointment as permitted under Section 661, if the court determines, taking into consideration all the relevant circumstances, that the ward as a prudent person would make the release of the power of appointment if the ward had the capacity to do so. (e) Nothing in this section imposes any duty on the guardian to file a petition under this section, and the guardian is not liable for failure to file a petition under this section. (Amended by Stats. 2016, Ch. 81, Sec. 16. (AB 2846) Effective January 1, 2017.)
  53. 670.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 5. Effect of Failure to Make Effective Appointment [670 - 676] ( Chapter 5 added by Stats. 1992, Ch. 30, Sec. 2. )

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    An exercise of a power of appointment is not void just because it goes beyond what was authorized; it is valid to the extent it is permitted by the power’s terms.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 5. Effect of Failure to Make Effective Appointment [670 - 676] ( Chapter 5 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 670. An exercise of a power of appointment is not void solely because it is more extensive than authorized by the power, but is valid to the extent that the exercise was permissible under the terms of the power. (Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
  54. 671.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 5. Effect of Failure to Make Effective Appointment [670 - 676] ( Chapter 5 added by Stats. 1992, Ch. 30, Sec. 2. )

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    This section says what happens if an imperative power of appointment is not effectively exercised, is exercised defectively, or creates a right to compel exercise.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 5. Effect of Failure to Make Effective Appointment [670 - 676] ( Chapter 5 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 671. (a) Unless the creating instrument or the powerholder, in writing, manifests a contrary intent, where the powerholder dies without having exercised an imperative power of appointment either in whole or in part, the persons designated as permissible appointees take equally of the property not already appointed. Where the creating instrument establishes a minimum distribution requirement that is not satisfied by an equal division of the property not already appointed, the appointees who have received a partial appointment are required to return a pro rata portion of the property they would otherwise be entitled to receive in an amount sufficient to meet the minimum distribution requirement. (b) Where an imperative power of appointment has been exercised defectively, either in whole or in part, its proper execution may be adjudged in favor of the person intended to be benefited by the defective exercise. (c) Where an imperative power of appointment has been created so that it confers on a person a right to have the power exercised in the person’s favor, the proper exercise of the power can be compelled in favor of the person, or the person’s assigns, creditors, guardian, or conservator. (Amended by Stats. 2016, Ch. 81, Sec. 17. (AB 2846) Effective January 1, 2017.)
  55. 672.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 5. Effect of Failure to Make Effective Appointment [670 - 676] ( Chapter 5 added by Stats. 1992, Ch. 30, Sec. 2. )

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    If a powerholder fails to exercise or effectively exercise a power of appointment, the property passes to the donor’s default taker or reverts to the donor. For a general power of appointment, an implied appointment to the powerholder’s estate may be found if the powerholder intended the property to be treated as their own property.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 5. Effect of Failure to Make Effective Appointment [670 - 676] ( Chapter 5 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 672. (a) Except as provided in subdivision (b), if the powerholder of a discretionary power of appointment fails to appoint the property, releases the entire power, or makes an ineffective appointment, in whole or in part, the appointive property not effectively appointed passes to the person named by the donor as taker in default or, if there is none, reverts to the donor. (b) If the powerholder of a general power of appointment makes an ineffective appointment, an implied alternative appointment to the powerholder’s estate may be found if the powerholder has manifested an intent that the appointive property be disposed of as property of the powerholder rather than as in default of appointment. (Amended by Stats. 2016, Ch. 81, Sec. 18. (AB 2846) Effective January 1, 2017.)
  56. 673.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 5. Effect of Failure to Make Effective Appointment [670 - 676] ( Chapter 5 added by Stats. 1992, Ch. 30, Sec. 2. )

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    If an appointment fails because the appointee dies before it takes effect, the appointee’s surviving issue may take the property, unless the donor or powerholder intended a different disposition.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 5. Effect of Failure to Make Effective Appointment [670 - 676] ( Chapter 5 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 673. (a) Except as provided in subdivision (b), if an appointment by will or by instrument effective only at the death of the powerholder is ineffective because of the death of an appointee before the appointment becomes effective and the appointee leaves issue surviving the powerholder, the surviving issue of the appointee take the appointed property in the same manner as the appointee would have taken had the appointee survived the powerholder, except that the property passes only to persons who are permissible appointees, including appointees permitted under Section 674. If the surviving issue are all of the same degree of kinship to the deceased appointee, they take equally, but if of unequal degree, then those of more remote degree take in the manner provided in Section 240. (b) This section does not apply if either the donor or powerholder manifests an intent that some other disposition of the appointive property shall be made. (Amended by Stats. 2016, Ch. 81, Sec. 19. (AB 2846) Effective January 1, 2017.)
  57. 674.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 5. Effect of Failure to Make Effective Appointment [670 - 676] ( Chapter 5 added by Stats. 1992, Ch. 30, Sec. 2. )

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    If the creating instrument does not say otherwise, a powerholder may appoint to the issue of a deceased permissible appointee when the appointee died before the power was exercised and meets the stated timing conditions.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 5. Effect of Failure to Make Effective Appointment [670 - 676] ( Chapter 5 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 674. (a) Unless the creating instrument expressly provides otherwise, if a permissible appointee dies before the exercise of a special power of appointment, the powerholder has the power to appoint to the issue of the deceased permissible appointee, whether or not the issue was included within the description of the permissible appointees, if the deceased permissible appointee was alive at the time of the execution of the creating instrument or was born thereafter. (b) This section applies whether the special power of appointment is exercisable by inter vivos instrument, by will, or otherwise. (c) This section applies to a case where the power of appointment is exercised on or after July 1, 1982, but does not affect the validity of any exercise of a power of appointment made before July 1, 1982. (Amended by Stats. 2016, Ch. 81, Sec. 20. (AB 2846) Effective January 1, 2017.)
  58. 675.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 5. Effect of Failure to Make Effective Appointment [670 - 676] ( Chapter 5 added by Stats. 1992, Ch. 30, Sec. 2. )

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    When a powerholder’s disposition covers both appointed property and property the powerholder owns, the property must be allocated in a permissible way that follows the creating instrument and best carries out the powerholder’s intent.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 5. Effect of Failure to Make Effective Appointment [670 - 676] ( Chapter 5 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 675. If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property shall be allocated in the permissible manner in accordance with the terms of the creating instrument and that best carries out the powerholder’s intent. (Added by Stats. 2016, Ch. 81, Sec. 21. (AB 2846) Effective January 1, 2017.)
  59. 676.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 5. Effect of Failure to Make Effective Appointment [670 - 676] ( Chapter 5 added by Stats. 1992, Ch. 30, Sec. 2. )

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    If there is no contrary intent, a taker in default of appointment may share fully in property that was not appointed after a valid partial appointment.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 5. Effect of Failure to Make Effective Appointment [670 - 676] ( Chapter 5 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 676. Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property. (Added by Stats. 2016, Ch. 81, Sec. 22. (AB 2846) Effective January 1, 2017.)
  60. 68.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section says that “real property” includes a leasehold interest in real property.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 68. “Real property” includes a leasehold interest in real property. (Enacted by Stats. 1990, Ch. 79.)
  61. 680.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 6. Rights of Creditors [680 - 684] ( Chapter 6 added by Stats. 1992, Ch. 30, Sec. 2. )

    Verify source ↗

    The donor of a power of appointment may not use the instrument creating the power to change the creditors’ rights given by Sections 682, 683, and 684.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 6. Rights of Creditors [680 - 684] ( Chapter 6 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 680. The donor of a power of appointment cannot nullify or alter the rights given creditors of the powerholder by Sections 682, 683, and 684 by any language in the instrument creating the power. (Amended by Stats. 2016, Ch. 81, Sec. 23. (AB 2846) Effective January 1, 2017.)
  62. 6800.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESCHEAT OF DECEDENT'S PROPERTY [6800 - 6806] ( Part 4 enacted by Stats. 1990, Ch. 79. )

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    If a decedent leaves no eligible person to take the estate, the estate escheats at death under this part.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESCHEAT OF DECEDENT'S PROPERTY [6800 - 6806] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## 6800. (a) If a decedent, whether or not the decedent was domiciled in this state, leaves no one to take the decedent’s estate or any portion thereof by testate succession, and no one other than a government or governmental subdivision or agency to take the estate or a portion thereof by intestate succession, under the laws of this state or of any other jurisdiction, the same escheats at the time of the decedent’s death in accordance with this part. (b) Property that escheats to the state under this part, whether held by the state or its officers, is subject to the same charges and trusts to which it would have been subject if it had passed by succession and is also subject to the provisions of Title 10 (commencing with Section 1300) of Part 3 of the Code of Civil Procedure relating to escheated estates. (Enacted by Stats. 1990, Ch. 79.)
  63. 6801.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESCHEAT OF DECEDENT'S PROPERTY [6800 - 6806] ( Part 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Real property in this state escheats to the state under Section 6800.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESCHEAT OF DECEDENT'S PROPERTY [6800 - 6806] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## 6801. Real property in this state escheats to this state in accordance with Section 6800. (Enacted by Stats. 1990, Ch. 79.)
  64. 6802.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESCHEAT OF DECEDENT'S PROPERTY [6800 - 6806] ( Part 4 enacted by Stats. 1990, Ch. 79. )

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    Tangible personal property owned by a decedent escheats to the state if it was customarily kept in California before death, even if it was located elsewhere at death.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESCHEAT OF DECEDENT'S PROPERTY [6800 - 6806] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## 6802. All tangible personal property owned by the decedent, wherever located at the decedent’s death, that was customarily kept in this state prior to the decedent’s death, escheats to this state in accordance with Section 6800. (Enacted by Stats. 1990, Ch. 79.)
  65. 6803.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESCHEAT OF DECEDENT'S PROPERTY [6800 - 6806] ( Part 4 enacted by Stats. 1990, Ch. 79. )

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    Certain tangible personal property in a decedent’s estate escheats to California unless another jurisdiction makes a successful claim under the listed conditions.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESCHEAT OF DECEDENT'S PROPERTY [6800 - 6806] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## 6803. (a) Subject to subdivision (b), all tangible personal property owned by the decedent that is subject to the control of a superior court of this state for purposes of administration under this code escheats to this state in accordance with Section 6800. (b) The property described in subdivision (a) does not escheat to this state but goes to another jurisdiction if the other jurisdiction claims the property and establishes all of the following: (1) The other jurisdiction is entitled to the property under its law. (2) The decedent customarily kept the property in that jurisdiction prior to the decedent’s death. (3) This state has the right to escheat and take tangible personal property being administered as part of a decedent’s estate in that jurisdiction if the decedent customarily kept the property in this state prior to the decedent’s death. (Enacted by Stats. 1990, Ch. 79.)
  66. 6804.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESCHEAT OF DECEDENT'S PROPERTY [6800 - 6806] ( Part 4 enacted by Stats. 1990, Ch. 79. )

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    Intangible property owned by a decedent escheats to the state if the decedent was domiciled in the state when they died.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESCHEAT OF DECEDENT'S PROPERTY [6800 - 6806] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## 6804. All intangible property owned by the decedent escheats to this state in accordance with Section 6800 if the decedent was domiciled in this state at the time of the decedent’s death. (Enacted by Stats. 1990, Ch. 79.)
  67. 6805.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESCHEAT OF DECEDENT'S PROPERTY [6800 - 6806] ( Part 4 enacted by Stats. 1990, Ch. 79. )

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    Intangible property in a decedent’s estate generally escheats to the state, unless another jurisdiction claims it and meets the listed conditions.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESCHEAT OF DECEDENT'S PROPERTY [6800 - 6806] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## 6805. (a) Subject to subdivision (b), all intangible property owned by the decedent that is subject to the control of a superior court of this state for purposes of administration under this code escheats to this state in accordance with Section 6800 whether or not the decedent was domiciled in this state at the time of the decedent’s death. (b) The property described in subdivision (a) does not escheat to this state but goes to another jurisdiction if the other jurisdiction claims the property and establishes all of the following: (1) The other jurisdiction is entitled to the property under its laws. (2) The decedent was domiciled in that jurisdiction at the time of the decedent’s death. (3) This state has the right to escheat and take intangible property being administered as part of a decedent’s estate in that jurisdiction if the decedent was domiciled in this state at the time of the decedent’s death. (Enacted by Stats. 1990, Ch. 79.)
  68. 6806.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESCHEAT OF DECEDENT'S PROPERTY [6800 - 6806] ( Part 4 enacted by Stats. 1990, Ch. 79. )

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    Benefits from certain trusts generally do not escheat to the state and instead go to the trust or fund, but a terminated plan can trigger state escheat if the trust or fund was already distributed to beneficiaries.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 4. ESCHEAT OF DECEDENT'S PROPERTY [6800 - 6806] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## 6806. Notwithstanding any other provision of law, a benefit consisting of money or other property distributable from a trust established under a plan providing health and welfare, pension, vacation, severance, retirement benefit, death benefit, unemployment insurance or similar benefits does not pass to or escheat to the state under this part but goes to the trust or fund from which it is distributable, subject to the provisions of Section 1521 of the Code of Civil Procedure. However, if such plan has terminated and the trust or fund has been distributed to the beneficiaries thereof prior to distribution of such benefit from the estate, such benefit passes to the state and escheats to the state under this part. (Enacted by Stats. 1990, Ch. 79.)
  69. 681.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 6. Rights of Creditors [680 - 684] ( Chapter 6 added by Stats. 1992, Ch. 30, Sec. 2. )

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    Property covered by a special power of appointment is generally protected from the powerholder’s creditors and estate-administration expenses, except in stated circumstances.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 6. Rights of Creditors [680 - 684] ( Chapter 6 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 681. (a) Except as provided in subdivision (b), property covered by a special power of appointment is not subject to the claims of creditors of the powerholder or of the powerholder’s estate or to the expenses of the administration of the powerholder’s estate. (b) Property subject to a special power of appointment shall be subject to the claims of creditors of the powerholder or of the powerholder’s estate or the expenses of administration of the powerholder’s estate under either of the following circumstances: (1) To the extent that the powerholder owned the property and, reserving the special power, transferred the property in violation of the Uniform Voidable Transactions Act (Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 of the Civil Code). (2) If the initial gift in default of the exercise of the power is to the powerholder or the powerholder’s estate. (Amended by Stats. 2016, Ch. 81, Sec. 24. (AB 2846) Effective January 1, 2017.)
  70. 682.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 6. Rights of Creditors [680 - 684] ( Chapter 6 added by Stats. 1992, Ch. 30, Sec. 2. )

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    Property subject to certain general powers of appointment can be reached by creditors when the powerholder’s own property or estate is insufficient.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 6. Rights of Creditors [680 - 684] ( Chapter 6 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 682. (a) To the extent that the property owned by the powerholder is inadequate to satisfy the claims of the powerholder’s creditors, property subject to a general power of appointment that is presently exercisable is subject to the claims to the same extent that it would be subject to the claims if the property were owned by the powerholder. (b) Upon the death of the powerholder, to the extent that the powerholder’s estate is inadequate to satisfy the claims of creditors of the estate and the expenses of administration of the estate, property subject to a general testamentary power of appointment or to a general power of appointment that was presently exercisable at the time of the powerholder’s death is subject to the claims and expenses to the same extent that it would be subject to the claims and expenses if the property had been owned by the powerholder. (c) This section applies whether or not the power of appointment has been exercised. (Amended by Stats. 2016, Ch. 81, Sec. 25. (AB 2846) Effective January 1, 2017.)
  71. 683.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 6. Rights of Creditors [680 - 684] ( Chapter 6 added by Stats. 1992, Ch. 30, Sec. 2. )

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    Property subject to a general power of appointment in the donor’s favor can be reached by the donor’s creditors, the donor’s estate, and estate administration expenses, unless the donor irrevocably appointed it to someone else.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 6. Rights of Creditors [680 - 684] ( Chapter 6 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 683. Property subject to a general power of appointment created by the donor in the donor’s favor, whether or not presently exercisable, is subject to the claims of the donor’s creditors or the donor’s estate and to the expenses of the administration of the donor’s estate, except to the extent the donor effectively irrevocably appointed the property subject to the general power of appointment in favor of a person other than the donor or the donor’s estate. (Amended by Stats. 2016, Ch. 81, Sec. 26. (AB 2846) Effective January 1, 2017.)
  72. 684.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 6. Rights of Creditors [680 - 684] ( Chapter 6 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A person owed support by a powerholder is treated as a creditor, but only to the extent there is a legal obligation for the powerholder to provide that support.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 6. Rights of Creditors [680 - 684] ( Chapter 6 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 684. For the purposes of Sections 682 and 683, a person to whom the powerholder owes an obligation of support shall be considered a creditor of the powerholder to the extent that a legal obligation exists for the powerholder to provide the support. (Amended by Stats. 2016, Ch. 81, Sec. 27. (AB 2846) Effective January 1, 2017.)
  73. 69.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “revocable transfer on death deed” and “revocable TOD deed” as a revocable transfer on death deed described in Section 5614.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 69. “Revocable transfer on death deed” or “revocable TOD deed” means a revocable transfer on death deed as described in Section 5614. (Added by Stats. 2015, Ch. 293, Sec. 3. (AB 139) Effective January 1, 2016.)
  74. 690.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 7. Rule Against Perpetuities [690- 690.] ( Chapter 7 added by Stats. 1992, Ch. 30, Sec. 2. )

    Verify source ↗

    The statutory rule against perpetuities applies to powers of appointment governed by this part.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 7. Rule Against Perpetuities [690- 690.] ( Chapter 7 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 690. The statutory rule against perpetuities provided by Part 2 (commencing with Section 21200) of Division 11 applies to powers of appointment governed by this part. (Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
  75. 695.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 8. Revocability of Creation, Exercise, or Release of Power of Appointment [695- 695.] ( Chapter 8 added by Stats. 1992, Ch. 30, Sec. 2. )

    Verify source ↗

    This section says when a power of appointment is irrevocable or revocable, depending on the creating, exercise, or release instrument and whether Section 15400 applies.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 8. Revocability of Creation, Exercise, or Release of Power of Appointment [695- 695.] ( Chapter 8 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 695. (a) Unless the power to revoke is in the creating instrument or exists pursuant to Section 15400, the creation of a power of appointment is irrevocable. (b) Unless made expressly irrevocable by the creating instrument or the instrument of exercise, an exercise of a power of appointment is revocable if the power to revoke exists pursuant to Section 15400 or so long as the interest in the appointive property, whether present or future, has not been transferred or become distributable pursuant to the appointment. (c) Unless the power to revoke is reserved in the instrument releasing the power, a release of a power of appointment is irrevocable. (Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
  76. 7.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. )

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    A reference to this code or another law includes all past and future amendments and additions.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 7. Whenever a reference is made to any portion of this code or to any other law, the reference applies to all amendments and additions heretofore or hereafter made. (Enacted by Stats. 1990, Ch. 79.)
  77. 70.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “security” to include many kinds of financial instruments and related certificates, warrants, and purchase rights.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 70. “Security” includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. (Enacted by Stats. 1990, Ch. 79.)
  78. 700.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 1. Definitions [700 - 704] ( Chapter 1 added by Stats. 1993, Ch. 519, Sec. 4. )

    Verify source ↗

    The chapter’s definitions apply to this part unless the provision or context requires otherwise.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 1. Definitions [700 - 704] ( Chapter 1 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 700. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  79. 7000.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Passage of Decedent’s Property [7000 - 7001] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    Subject to Section 7001, a decedent’s property title passes at death to the person named in the decedent’s will, or to the decedent’s heirs if there is no devise.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Passage of Decedent’s Property [7000 - 7001] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 7000. Subject to Section 7001, title to a decedent’s property passes on the decedent’s death to the person to whom it is devised in the decedent’s last will or, in the absence of such a devise, to the decedent’s heirs as prescribed in the laws governing intestate succession. (Enacted by Stats. 1990, Ch. 79.)
  80. 7001.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Passage of Decedent’s Property [7000 - 7001] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A decedent’s property is administered under this code unless law provides otherwise, and it remains subject to the rights of beneficiaries, creditors, and other persons as provided by law.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Passage of Decedent’s Property [7000 - 7001] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 7001. The decedent’s property is subject to administration under this code, except as otherwise provided by law, and is subject to the rights of beneficiaries, creditors, and other persons as provided by law. (Enacted by Stats. 1990, Ch. 79.)
  81. 701.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 1. Definitions [700 - 704] ( Chapter 1 added by Stats. 1993, Ch. 519, Sec. 4. )

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    “Attorney” means an individual licensed to practice law in this state.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 1. Definitions [700 - 704] ( Chapter 1 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 701. “Attorney” means an individual licensed to practice law in this state. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  82. 702.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 1. Definitions [700 - 704] ( Chapter 1 added by Stats. 1993, Ch. 519, Sec. 4. )

    Verify source ↗

    This section defines “deposit” for this chapter.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 1. Definitions [700 - 704] ( Chapter 1 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 702. “Deposit” means delivery of a document by a depositor to an attorney for safekeeping or authorization by a depositor for an attorney to retain a document for safekeeping. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  83. 703.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 1. Definitions [700 - 704] ( Chapter 1 added by Stats. 1993, Ch. 519, Sec. 4. )

    Verify source ↗

    “Depositor” means a natural person who deposits a document with an attorney.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 1. Definitions [700 - 704] ( Chapter 1 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 703. “Depositor” means a natural person who deposits the person’s document with an attorney. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  84. 704.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 1. Definitions [700 - 704] ( Chapter 1 added by Stats. 1993, Ch. 519, Sec. 4. )

    Verify source ↗

    This section defines “document” for this part of the Probate Code.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 1. Definitions [700 - 704] ( Chapter 1 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 704. “Document” means any of the following: (a) A signed original will, declaration of trust, trust amendment, or other document modifying a will or trust. (b) A signed original power of attorney. (c) A signed original nomination of conservator. (d) Any other signed original instrument that the attorney and depositor agree in writing to make subject to this part. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  85. 7050.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Courts [7050 - 7072] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [7050 - 7052] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    The superior court has jurisdiction over proceedings under this code relating to administration of a decedent’s estate.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Courts [7050 - 7072] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [7050 - 7052] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 7050. The superior court has jurisdiction of proceedings under this code concerning the administration of the decedent’s estate. (Amended by Stats. 1994, Ch. 806, Sec. 22. Effective January 1, 1995.)
  86. 7051.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Courts [7050 - 7072] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [7050 - 7052] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    If the decedent was domiciled in California when they died, estate administration proceedings belong in the county of domicile, even if death occurred elsewhere.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Courts [7050 - 7072] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [7050 - 7052] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 7051. 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.)
  87. 7052.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Courts [7050 - 7072] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [7050 - 7052] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    For a decedent who was not domiciled in California when they died, this section identifies which county is the proper venue for estate administration.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Courts [7050 - 7072] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Jurisdiction and Venue [7050 - 7052] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 7052. 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 the nondomiciliary decedent died, the county in which the nondomiciliary decedent died. (b) If no property of the nondomiciliary decedent is located in the county in which the nondomiciliary decedent died or if the nondomiciliary decedent did not die in this state, any county in which property of the nondomiciliary decedent is located, regardless of where the nondomiciliary decedent died. If property of the nondomiciliary decedent is located in more than one county, the proper county is the county in which a petition for ancillary administration is first filed, and the court in that county has jurisdiction of the administration of the estate. (Enacted by Stats. 1990, Ch. 79.)
  88. 7060.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Courts [7050 - 7072] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Disqualification of Judge [7060- 7060.] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    A judge is disqualified from acting in certain probate estate proceedings if the judge has a specified interest, is named in the will, or helped draft or witness the will.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Courts [7050 - 7072] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Disqualification of Judge [7060- 7060.] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 7060. (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 (commencing with Section 7070), if any of the following circumstances exist: (1) The judge is interested as a beneficiary or creditor. (2) The judge is named as executor or trustee in the will. (3) The judge is otherwise interested. (b) A judge who participates in any manner in the drafting or execution of a will, including acting as a witness to the will, is disqualified from acting in any proceeding prior to and including the admission of the will to probate or in any proceeding involving its validity or interpretation. (c) The amendments made to former Section 303 by Section 27 of Chapter 923 of the Statutes of 1987 do not apply in any proceeding commenced prior to July 1, 1988. (Enacted by Stats. 1990, Ch. 79.)
  89. 7070.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Courts [7050 - 7072] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Transfer of Proceedings [7070 - 7072] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    If no qualified judge is available, the court or judge must transfer the estate proceeding to another county.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Courts [7050 - 7072] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Transfer of Proceedings [7070 - 7072] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 7070. 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 qualified to act is assigned by the chairman of the Judicial Council to sit in the county and hear the proceeding. (Enacted by Stats. 1990, Ch. 79.)
  90. 7071.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Courts [7050 - 7072] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Transfer of Proceedings [7070 - 7072] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    A proceeding under this article must be transferred to a county where the decedent has property, or to an adjoining county if no other county has such property.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Courts [7050 - 7072] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Transfer of Proceedings [7070 - 7072] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 7071. 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.)
  91. 7072.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Courts [7050 - 7072] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Transfer of Proceedings [7070 - 7072] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    A transferred probate proceeding may be sent back to the original court on petition by the personal representative or another interested person, if requested before final distribution and the court finds the listed conditions are met.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Jurisdiction and Courts [7050 - 7072] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Transfer of Proceedings [7070 - 7072] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 7072. 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 determines that both of the following conditions are satisfied: (a) Another person has become judge of the court where the proceeding was originally commenced who is not disqualified to act in the administration of the estate. (b) The convenience of the parties interested would be promoted by the retransfer. (Enacted by Stats. 1990, Ch. 79.)
  92. 710.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 2. Duties and Liabilities of Attorney [710 - 716] ( Chapter 2 added by Stats. 1993, Ch. 519, Sec. 4. )

    Verify source ↗

    If a document is deposited with an attorney, the attorney and any successor attorney who accepts the transfer must preserve it with ordinary care and keep it in a secure place.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 2. Duties and Liabilities of Attorney [710 - 716] ( Chapter 2 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 710. If a document is deposited with an attorney, the attorney, and a successor attorney that accepts transfer of the document, shall use ordinary care for preservation of the document on and after July 1, 1994, whether or not consideration is given, and shall hold the document in a safe, vault, safe deposit box, or other secure place where it will be reasonably protected against loss or destruction. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  93. 711.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 2. Duties and Liabilities of Attorney [710 - 716] ( Chapter 2 added by Stats. 1993, Ch. 519, Sec. 4. )

    Verify source ↗

    If an attorney holds a deposited document that is lost or destroyed, the attorney must notify the depositor.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 2. Duties and Liabilities of Attorney [710 - 716] ( Chapter 2 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 711. If a document deposited with an attorney is lost or destroyed, the attorney shall give notice of the loss or destruction to the depositor by one of the following methods: (a) By delivering pursuant to Section 1215 the notice to the depositor’s last known address. (b) By the method most likely to give the depositor actual notice. (Amended by Stats. 2017, Ch. 319, Sec. 9. (AB 976) Effective January 1, 2018.)
  94. 712.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 2. Duties and Liabilities of Attorney [710 - 716] ( Chapter 2 added by Stats. 1993, Ch. 519, Sec. 4. )

    Verify source ↗

    An attorney is not liable for loss or destruction of a deposited document if the depositor has notice, time to replace it, and the attorney offers free help to replace or recreate it.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 2. Duties and Liabilities of Attorney [710 - 716] ( Chapter 2 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 712. Notwithstanding failure of an attorney to satisfy the standard of care required by Section 710 or 716, the attorney is not liable for loss or destruction of the document if the depositor has actual notice of the loss or destruction and a reasonable opportunity to replace the document, and the attorney offers without charge either to assist the depositor in replacing the document, or to prepare a substantially similar document and assist in its execution. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  95. 713.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 2. Duties and Liabilities of Attorney [710 - 716] ( Chapter 2 added by Stats. 1993, Ch. 519, Sec. 4. )

    Verify source ↗

    An attorney who accepts a document for deposit is not required to check the document or provide ongoing legal services.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 2. Duties and Liabilities of Attorney [710 - 716] ( Chapter 2 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 713. The acceptance by an attorney of a document for deposit imposes no duty on the attorney to do either of the following: (a) Inquire into the content, validity, invalidity, or completeness of the document, or the correctness of any information in the document. (b) Provide continuing legal services to the depositor or to any beneficiary under the document. This subdivision does not affect the duty, if any, of the drafter of the document to provide continuing legal services to any person. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  96. 714.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 2. Duties and Liabilities of Attorney [710 - 716] ( Chapter 2 added by Stats. 1993, Ch. 519, Sec. 4. )

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    An attorney may charge the depositor for safekeeping or delivery costs only if a written agreement signed by the depositor allows it, and the attorney cannot claim a lien on the deposited document.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 2. Duties and Liabilities of Attorney [710 - 716] ( Chapter 2 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 714. (a) If so provided in a written agreement signed by the depositor, an attorney may charge the depositor for compensation and expenses incurred in safekeeping or delivery of a document deposited with the attorney. (b) No lien arises for the benefit of an attorney on a document deposited with the attorney, whether before or after its transfer, even if provided by agreement. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  97. 715.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 2. Duties and Liabilities of Attorney [710 - 716] ( Chapter 2 added by Stats. 1993, Ch. 519, Sec. 4. )

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    An attorney may use a notice-and-acknowledgment form when taking a will or other estate planning document for safekeeping, must use ordinary care to preserve it, and the depositor must keep the attorney updated on address changes.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 2. Duties and Liabilities of Attorney [710 - 716] ( Chapter 2 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 715. An attorney may give written notice to a depositor, and obtain written acknowledgment from the depositor, in the following form: NOTICE AND ACKNOWLEDGMENT To: _____ (Name of depositor) _____ _____ (Address) _____ _____ (City, state, and ZIP) _____ _____ (Electronic address) _____ I have accepted your will or other estate planning document for safekeeping. I must use ordinary care for preservation of the document. You must keep me advised of any change in your addresses shown above. If you do not and I cannot return this document to you when necessary, I will no longer be required to use ordinary care for preservation of the document, and I may transfer it to another attorney, or I may transfer it to the clerk of the superior court of the county of your last known domicile, and give notice of the transfer to the State Bar of California. _____ (Signature of attorney) _____ _____ (Address of attorney) _____ _____ (City, state, and ZIP) _____ _____ (Electronic address) _____ My addresses shown above are correct. I understand that I must keep you advised of any change in these addresses. Dated: _____ (Signature of depositor) _____ (Amended by Stats. 2017, Ch. 319, Sec. 10. (AB 976) Effective January 1, 2018.)
  98. 716.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 2. Duties and Liabilities of Attorney [710 - 716] ( Chapter 2 added by Stats. 1993, Ch. 519, Sec. 4. )

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    An attorney, and a successor attorney who accepts transfer of a document, must use at least slight care to preserve a deposited document when the stated notice and acknowledgment conditions are met.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 2. Duties and Liabilities of Attorney [710 - 716] ( Chapter 2 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 716. Notwithstanding Section 710, if an attorney has given written notice to the depositor, and has obtained written acknowledgment from the depositor, in substantially the form provided in Section 715, and the requirements of subdivision (a) of Section 732 are satisfied, the attorney, and a successor attorney that accepts transfer of a document, shall use at least slight care for preservation of a document deposited with the attorney. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  99. 72.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    For this code section, “spouse” includes a domestic partner as defined elsewhere in the code.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 72. “Spouse” includes domestic partner, as defined in Section 37 of this code, as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 77. (SB 1005) Effective January 1, 2017.)
  100. 720.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 3. Termination of Deposit [720 - 735] ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. ) ## ARTICLE 1. Termination by Depositor [720- 720.] ( Article 1 added by Stats. 1993, Ch. 519, Sec. 4. )

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    A depositor may end a document deposit on demand, and the attorney must return the document to the depositor.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 3. Termination of Deposit [720 - 735] ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. ) ## ARTICLE 1. Termination by Depositor [720- 720.] ( Article 1 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 720. A depositor may terminate a deposit on demand, in which case the attorney shall deliver the document to the depositor. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  101. 7220.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rules of Procedure [7220 - 7280] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. New Trials [7220- 7220.] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    In estate-administration proceedings, a new-trial motion is allowed only in a will contest, a revocation of probate of a will, or a case where a jury-trial right is expressly granted.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rules of Procedure [7220 - 7280] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. New Trials [7220- 7220.] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 7220. In proceedings under this code concerning the administration of the decedent’s estate, a motion for a new trial may be made only in the following cases: (a) Contest of a will or revocation of probate of a will. (b) Cases in which a right to jury trial is expressly granted, whether or not the case was tried by a jury. (Enacted by Stats. 1990, Ch. 79.)
  102. 7250.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rules of Procedure [7220 - 7280] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3.5. Judgments and Orders [7250- 7250.] ( Article 3.5 enacted by Stats. 1990, Ch. 79. )

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    When a probate judgment or order becomes final, it releases the personal representative and sureties from claims based on acts or omissions authorized, approved, or confirmed in that judgment or order.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rules of Procedure [7220 - 7280] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3.5. Judgments and Orders [7250- 7250.] ( Article 3.5 enacted by Stats. 1990, Ch. 79. ) ## 7250. (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 based upon any act or omission directly authorized, approved, or confirmed in the judgment or order. For the purposes of this section, “order” includes an order settling an account of the personal representative, whether an interim or final account. (b) Nothing in this section affects any order, judgment, or decree made, or any action taken, before July 1, 1988. The validity of any action taken before July 1, 1988, is determined by the applicable law in effect before July 1, 1988, and not by this section. (c) This section shall not apply where the judgment or order is obtained by fraud or conspiracy or by misrepresentation contained in the petition or account or in the judgment as to any material fact. For purposes of this subdivision, misrepresentation includes, but shall not be limited to, the omission of a material fact. (Amended by Stats. 1993, Ch. 794, Sec. 2. Effective January 1, 1994.)
  103. 7260.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rules of Procedure [7220 - 7280] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Orders and Transactions Affecting Property [7260 - 7263] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    This section defines “transaction” for this article as a transaction affecting title to estate property.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rules of Procedure [7220 - 7280] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Orders and Transactions Affecting Property [7260 - 7263] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 7260. As used in this article, “transaction” means a transaction affecting title to property in the estate, including, but not limited to, the following: (a) In the case of real property, a conveyance (including a sale, option, or order confirming a sale or option), a lease, the creation of a mortgage, deed of trust, or other lien or encumbrance, the setting apart of a probate homestead, or the distribution of property. (b) In the case of personal property, a transfer of the property or the creation of a security interest or other lien on the property. (Enacted by Stats. 1990, Ch. 79.)
  104. 7261.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rules of Procedure [7220 - 7280] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Orders and Transactions Affecting Property [7260 - 7263] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    When a personal representative executes a real-property transaction under a court order, the instrument must state that the transaction is made under the order’s authority and must give the order date.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rules of Procedure [7220 - 7280] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Orders and Transactions Affecting Property [7260 - 7263] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 7261. If a transaction affecting real property in the estate is executed by the personal representative in accordance with the terms of a court order, the instrument shall include a statement that the transaction is made by authority of the order authorizing or directing the transaction and shall give the date of the order. (Enacted by Stats. 1990, Ch. 79.)
  105. 7262.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rules of Procedure [7220 - 7280] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Orders and Transactions Affecting Property [7260 - 7263] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    A transaction carried out by a personal representative under an authorizing or directing order is treated as if the decedent had done it personally while legally capable.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rules of Procedure [7220 - 7280] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Orders and Transactions Affecting Property [7260 - 7263] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 7262. A transaction executed by the personal representative in accordance with an order authorizing or directing the transaction has the same effect as if the decedent were living at the time of the transaction and had carried it out in person while having legal capacity to do so. (Enacted by Stats. 1990, Ch. 79.)
  106. 7263.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rules of Procedure [7220 - 7280] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Orders and Transactions Affecting Property [7260 - 7263] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    If certain probate orders affect real property, the personal representative must record a certified copy of the order with the county recorder in each county where the property is located.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rules of Procedure [7220 - 7280] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Orders and Transactions Affecting Property [7260 - 7263] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 7263. If an order is made setting apart a probate homestead, confirming a sale or making a distribution of real property, or determining any other matter affecting title to real property in the estate, the personal representative shall record a certified copy of the order in the office of the county recorder in each county in which any portion of the real property is located. (Enacted by Stats. 1990, Ch. 79.)
  107. 7280.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rules of Procedure [7220 - 7280] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. United States as Interested Person [7280- 7280.] ( Article 5 enacted by Stats. 1990, Ch. 79. )

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    If a U.S. department or bureau makes or awards compensation, pension, insurance, or another allowance to a decedent’s estate, it has the same rights as an interested person.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Rules of Procedure [7220 - 7280] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. United States as Interested Person [7280- 7280.] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 7280. Where compensation, pension, insurance, or other allowance is made or awarded by a department or bureau of the United States government to a decedent’s estate, the department or bureau has the same right as an interested person to do any of the following: (a) Request special notice. (b) Commence and prosecute an action on the bond of a personal representative. (c) Contest an account of a personal representative. (Enacted by Stats. 1990, Ch. 79.)
  108. 730.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 3. Termination of Deposit [720 - 735] ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. ) ## ARTICLE 2. Termination by Attorney [730 - 735] ( Article 2 added by Stats. 1993, Ch. 519, Sec. 4. )

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    An attorney who holds or receives a deposited document may end the deposit only in the way this article allows.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 3. Termination of Deposit [720 - 735] ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. ) ## ARTICLE 2. Termination by Attorney [730 - 735] ( Article 2 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 730. An attorney with whom a document has been deposited, or to whom a document has been transferred pursuant to this article, may terminate the deposit only as provided in this article. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  109. 731.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 3. Termination of Deposit [720 - 735] ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. ) ## ARTICLE 2. Termination by Attorney [730 - 735] ( Article 2 added by Stats. 1993, Ch. 519, Sec. 4. )

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    An attorney may terminate a deposit of estate planning documents in one of three ways.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 3. Termination of Deposit [720 - 735] ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. ) ## ARTICLE 2. Termination by Attorney [730 - 735] ( Article 2 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 731. An attorney may terminate the deposit by one of the following methods: (a) Personal delivery of the document to the depositor. (b) Mailing the document to the depositor’s last known address, by registered or certified mail with return receipt requested, and receiving a signed receipt. (c) The method agreed on by the depositor and attorney. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  110. 732.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 3. Termination of Deposit [720 - 735] ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. ) ## ARTICLE 2. Termination by Attorney [730 - 735] ( Article 2 added by Stats. 1993, Ch. 519, Sec. 4. )

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    An attorney may terminate a document deposit in specified ways, but must give notice in one case, must not take a transfer fee, and must follow special rules for wills when the depositor has died.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 3. Termination of Deposit [720 - 735] ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. ) ## ARTICLE 2. Termination by Attorney [730 - 735] ( Article 2 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 732. (a) An attorney may terminate a deposit under this section if the attorney has delivered notice pursuant to Section 1215 to reclaim the document to the depositor’s last known address and the depositor has failed to reclaim the document within 90 days after delivery. (b) Subject to subdivision (f), an attorney may terminate a deposit under this section by transferring the document to another attorney. All documents transferred under this subdivision shall be transferred to the same attorney. (c) Subject to subdivision (f), if an attorney is deceased, lacks legal capacity, or is no longer an active member of the State Bar, a deposit may be terminated under this section by transferring the document to the clerk of the superior court of the county of the depositor’s last known domicile. The attorney shall advise the clerk that the document is being transferred pursuant to this section. (d) An attorney may not accept a fee or compensation from a transferee for transferring a document under this section. An attorney may charge a fee for receiving a document under this section. (e) Transfer of a document by an attorney under this section is not a waiver or breach of any privilege or confidentiality associated with the document, and is not a violation of the rules of professional conduct. If the document is privileged under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the document remains privileged after the transfer. (f) If the document is a will and the attorney has actual notice that the depositor has died, the attorney may terminate a deposit only as provided in Section 734. (Amended by Stats. 2017, Ch. 319, Sec. 11. (AB 976) Effective January 1, 2018.)
  111. 733.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 3. Termination of Deposit [720 - 735] ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. ) ## ARTICLE 2. Termination by Attorney [730 - 735] ( Article 2 added by Stats. 1993, Ch. 519, Sec. 4. )

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    An attorney who transfers documents under Section 732 must send transfer notice to the State Bar of California, and the notice must include specified details. The State Bar must keep only one notice per transferring attorney, set the notice form, and provide notice information on request.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 3. Termination of Deposit [720 - 735] ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. ) ## ARTICLE 2. Termination by Attorney [730 - 735] ( Article 2 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 733. (a) An attorney transferring one or more documents under Section 732 shall deliver notice pursuant to Section 1215 of the transfer to the State Bar of California. The notice shall contain all of the following information: (1) The name of the depositor. (2) The date of the transfer. (3) The name, address, and State Bar number of the transferring attorney. (4) Whether any documents are transferred to an attorney, and the name, address, and State Bar number of the attorney to whom the documents are transferred. (5) Whether any documents are transferred to a superior court clerk. (b) The State Bar shall record only one notice of transfer for each transferring attorney. The State Bar shall prescribe the form for the notice of transfer. On request by any person, the State Bar shall give that person information in the notice of transfer. At its sole election, the State Bar may give the information orally or in writing. (Amended by Stats. 2017, Ch. 319, Sec. 12. (AB 976) Effective January 1, 2018.)
  112. 734.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 3. Termination of Deposit [720 - 735] ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. ) ## ARTICLE 2. Termination by Attorney [730 - 735] ( Article 2 added by Stats. 1993, Ch. 519, Sec. 4. )

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    An attorney may end a deposit of a document after the depositor’s death, but the allowed recipient depends on whether the document is a will or a trust.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 3. Termination of Deposit [720 - 735] ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. ) ## ARTICLE 2. Termination by Attorney [730 - 735] ( Article 2 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 734. (a) In cases not governed by subdivision (b) or (c), after the death of the depositor an attorney may terminate a deposit by personal delivery of the document to the depositor’s personal representative. (b) If the document is a will and the attorney has actual notice that the depositor has died but does not have actual notice that a personal representative has been appointed for the depositor, an attorney may terminate a deposit only as provided in Section 8200. (c) If the document is a trust, after the death of the depositor an attorney may terminate a deposit by personal delivery of the document either to the depositor’s personal representative or to the trustee named in the document. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  113. 735.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 3. Termination of Deposit [720 - 735] ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. ) ## ARTICLE 2. Termination by Attorney [730 - 735] ( Article 2 added by Stats. 1993, Ch. 519, Sec. 4. )

    Verify source ↗

    This section says who may terminate a deposit of estate-planning documents when the attorney is dead or incapacitated, and requires notice if the deposit is terminated.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700 - 735] ( Part 15 added by Stats. 1993, Ch. 519, Sec. 4. ) ## CHAPTER 3. Termination of Deposit [720 - 735] ( Chapter 3 added by Stats. 1993, Ch. 519, Sec. 4. ) ## ARTICLE 2. Termination by Attorney [730 - 735] ( Article 2 added by Stats. 1993, Ch. 519, Sec. 4. ) ## 735. (a) If the attorney is deceased or lacks legal capacity, a deposit may be terminated as provided in this article by the attorney’s law partner, by a shareholder of the attorney’s law corporation, or by a lawyer or nonlawyer employee of the attorney’s firm, partnership, or corporation. (b) If the attorney lacks legal capacity and there is no person to act under subdivision (a), a deposit may be terminated by the conservator of the attorney’s estate or by an attorney in fact acting under a durable power of attorney. A conservator of the attorney’s estate may act without court approval. (c) If the attorney is deceased and there is no person to act under subdivision (a), a deposit may be terminated by the attorney’s personal representative. (d) If a person authorized under this section terminates a deposit as provided in Section 732, the person shall give the notice required by Section 733. (Added by Stats. 1993, Ch. 519, Sec. 4. Effective January 1, 1994.)
  114. 74.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “State” to include U.S. states, the District of Columbia, Puerto Rico, and U.S.-subject territories and possessions.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 74. “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. (Enacted by Stats. 1990, Ch. 79.)
  115. 76.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “subscribing witness” for a will as a witness who signs the will as provided in Section 6110.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 76. A “subscribing witness” to a will means a witness who signs the will as provided in Section 6110. (Enacted by Stats. 1990, Ch. 79.)
  116. 7600.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A public officer or employee who knows of a decedent’s property at risk of loss, injury, waste, or misappropriation must inform the public administrator.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 7600. If a public officer or employee knows of property of a decedent that is subject to loss, injury, waste, or misappropriation and that ought to be in the possession or control of the public administrator, the officer or employee shall inform the public administrator. (Enacted by Stats. 1990, Ch. 79.)
  117. 7600.5.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    The person in charge of a hospital, convalescent hospital, or board and care facility must immediately notify the county public administrator if someone dies there without known next of kin.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 7600.5. If a person dies in a hospital, convalescent hospital, or board and care facility without known next of kin, the person in charge of the hospital or facility shall give immediate notice of that fact to the public administrator of the county in which the hospital or facility is located. If the notice required by this section is not given, the hospital or facility is liable for (1) any cost of interment incurred by the estate or the county as a result of the failure and (2) any loss to the estate or beneficiaries caused by loss, injury, waste, or misappropriation of property of the decedent as a result of the failure. (Enacted by Stats. 1990, Ch. 79.)
  118. 7600.6.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A funeral director controlling the decedent’s remains must notify the public administrator if the listed relatives or other persons cannot be found or contacted.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 7600.6. A funeral director in control of the decedent’s remains pursuant to subdivision (c) of Section 7100 of the Health and Safety Code shall notify the public administrator if none of the persons described in paragraphs (2) to (6), inclusive, of subdivision (a) of Section 7100 of the Health and Safety Code exist, can be found after reasonable inquiry, or can be contacted by reasonable means. (Amended by Stats. 1998, Ch. 253, Sec. 3. Effective January 1, 1999.)
  119. 7601.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    If there is no appointed personal representative, the county public administrator must promptly take possession or control of a decedent’s property that may be at risk or that the court orders taken.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 7601. (a) If no personal representative has been appointed, the public administrator of a county shall take prompt possession or control of property of a decedent in the county that is deemed by the public administrator to be subject to loss, injury, waste, or misappropriation, or that the court orders into the possession or control of the public administrator after notice to the public administrator as provided in Section 1220. (b) If property described in subdivision (a) is beyond the ability of the public administrator to take possession or control, the public administrator is not liable for failing to take possession or control of the property. (Amended by Stats. 2004, Ch. 888, Sec. 2. Effective January 1, 2005.)
  120. 7602.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A public administrator who has authority over a decedent’s property must promptly search for other property, a will, and instructions for disposition of remains, and must deliver any found will or instructions as specified.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 7602. (a) A public administrator who is authorized to take possession or control of property of a decedent under this article shall make a prompt search for other property, a will, and instructions for disposition of the decedent’s remains. (b) If a will is found, the public administrator or custodian of the will shall deliver the will as provided in Section 8200. (c) If instructions for disposition of the decedent’s remains are found, the public administrator shall promptly deliver the instructions to the person upon whom the right to control disposition of the decedent’s remains devolves as provided in Section 7100 of the Health and Safety Code. (d) If other property is located, the public administrator shall take possession or control of any property that, in the sole discretion of the public administrator, is deemed to be subject to loss, injury, waste, or misappropriation and that is located anywhere in this state or that is subject to the laws of this state. The public administrator does not have any liability for loss, injury, waste, or misappropriation of property of which he or she is unable to take possession or control. (Amended by Stats. 2004, Ch. 888, Sec. 3. Effective January 1, 2005.)
  121. 7603.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A public administrator may issue a written certification and record it. Covered institutions and other persons must provide information, allow access to certain safe-deposit boxes, and surrender certain decedent property when they receive the certification, without asking for a death certificate, charging a fee, or requiring a court order or letters.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 7603. (a) A public administrator who is authorized to take possession or control of property of a decedent pursuant to this article may issue a written certification of that fact. The written certification is effective for 30 days after the date of issuance. (b) The public administrator may record a copy of the written certification in any county in which is located real property of which the public administrator is authorized to take possession or control under this article. (c) A financial institution, government or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person shall, without the necessity of inquiring into the truth of the written certification, without requiring a death certificate, without charge, and without court order or letters being issued: (1) Provide the public administrator complete information concerning property held in the sole name of the decedent, including the names and addresses of any beneficiaries. (2) Grant the public administrator access to a safe-deposit box rented in the sole name of the decedent for the purpose of inspection and removal of any will or instructions for disposition of the decedent’s remains. Costs and expenses incurred in drilling or forcing a safe-deposit box shall be borne by the estate of the decedent. (3) Surrender to the public administrator any property of the decedent that, in the sole discretion of the public administrator, is deemed to be subject to loss, injury, waste, or misappropriation. (d) Receipt of the written certification provided by this section: (1) Constitutes sufficient acquittance for providing information or granting access to the safe-deposit box, for removal of the decedent’s will and instructions for disposition of the decedent’s remains, and for surrendering property of the decedent. (2) Fully discharges the financial institution, government or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person from any liability for any act or omission of the public administrator with respect to the property or the safe-deposit box. (Amended by Stats. 2004, Ch. 888, Sec. 4. Effective January 1, 2005.)
  122. 7604.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    If a public administrator takes possession or control of a decedent’s property under this article, and someone else later becomes personal representative or takes possession/control, the public administrator may recover reasonable preservation costs and reasonable compensation.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 7604. If the public administrator takes possession or control of property of a decedent under this article, but another person is subsequently appointed personal representative or subsequently takes control or possession, the public administrator is entitled to reasonable costs incurred for the preservation of the estate, together with reasonable compensation for services. The costs and compensation are a proper expense of administration. (Amended by Stats. 1994, Ch. 806, Sec. 24. Effective January 1, 1995.)
  123. 7605.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A public administrator must comply with continuing education requirements established by the California State Association of Public Administrators, Public Guardians, and Public Conservators by or before January 1, 2010.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Taking Temporary Possession or Control of Property [7600 - 7605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 7605. On or before January 1, 2010, the public administrator shall comply with the continuing education requirements that are established by the California State Association of Public Administrators, Public Guardians, and Public Conservators. (Added by Stats. 2008, Ch. 237, Sec. 3. Effective January 1, 2009.)
  124. 7620.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment as Personal Representative [7620 - 7624] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    The county public administrator must promptly take specified steps in estate cases, including petitioning for appointment, accepting court-ordered appointments, or proceeding with summary disposition when the listed conditions are met.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment as Personal Representative [7620 - 7624] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 7620. The public administrator of the county in which the estate of a decedent may be administered shall promptly: (a) Petition for appointment as personal representative of the estate if no person having higher priority has petitioned for appointment and the total value of the property in the decedent’s estate exceeds one hundred fifty thousand dollars ($150,000). (b) Petition for appointment as personal representative of any other estate the public administrator determines is proper. (c) Accept appointment as personal representative of an estate when so ordered by the court, whether or not on petition of the public administrator, after notice to the public administrator as provided in Section 7621. (d) Proceed with summary disposition of the estate as authorized by Article 4 (commencing with Section 7660), if the total value of the property in the decedent’s estate does not exceed the amount prescribed in Section 13100 and a person having higher priority has not assumed responsibility for administration of the estate. (Amended by Stats. 2011, Ch. 117, Sec. 1. (AB 1305) Effective January 1, 2012.)
  125. 7621.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment as Personal Representative [7620 - 7624] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    This section says how a public administrator is appointed as personal representative, and sets a bond-fee charge for estates handled under this chapter.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment as Personal Representative [7620 - 7624] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 7621. (a) Except as otherwise provided in this section, appointment of the public administrator as personal representative shall be made, and letters issued, in the same manner and pursuant to the same procedure as for appointment of and issuance of letters to personal representatives generally. (b) Appointment of the public administrator may be made on the court’s own motion, after notice to the public administrator as provided in Section 1220. (c) Letters may be issued to “the public administrator” of the county without naming the public administrator. (d) The public administrator’s oath and official bond are in lieu of the personal representative’s oath and bond. Every estate administered under this chapter shall be charged an annual bond fee in the amount of twenty-five dollars ($25) plus one-fourth of one percent of the amount of an estate greater than ten thousand dollars ($10,000). The amount charged is an expense of administration and that amount shall be deposited in the county treasury. If a successor personal representative is appointed, the amount of the bond fee shall be prorated over the period of months during which the public administrator acted as personal representative. Upon final distribution by the public administrator, any amount of bond charges in excess of one year shall be a prorated charge to the estate. (Amended by Stats. 1995, Ch. 160, Sec. 1. Effective January 1, 1996.)
  126. 7622.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment as Personal Representative [7620 - 7624] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    The public administrator must administer the estate like a personal representative, unless this chapter says otherwise. The public administrator and the public administrator’s attorney are entitled to the same compensation rules, subject to a minimum floor.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment as Personal Representative [7620 - 7624] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 7622. Except as otherwise provided in this chapter: (a) The public administrator shall administer the estate in the same manner as a personal representative generally, and the provisions of this code concerning the administration of the decedent’s estate apply to administration by the public administrator. (b) The public administrator is entitled to receive the same compensation as is granted by this division to a personal representative generally. The attorney for the public administrator is entitled to receive the same compensation as is granted by this division to an attorney for a personal representative generally. However, the compensation of the public administrator and the public administrator’s attorney may not be less than the compensation in effect at the time of appointment of the public administrator or the minimum amount provided in subdivision (b) of Section 7666, whichever is greater. (Amended by Stats. 2004, Ch. 888, Sec. 6. Effective January 1, 2005.)
  127. 7623.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment as Personal Representative [7620 - 7624] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    The public administrator may receive additional compensation if specified conditions are met.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment as Personal Representative [7620 - 7624] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 7623. (a) As used in this section, “additional compensation” means the difference between the reasonable compensation of the public administrator in administering the estate and the compensation awarded the public administrator under Chapter 1 (commencing with Section 10800) of Part 7. (b) The public administrator may be awarded additional compensation if any of the following conditions are satisfied: (1) A person having priority for appointment as personal representative has been given notice under Section 8110 of the public administrator’s petition for appointment, and the person has not petitioned for appointment in preference to the public administrator. (2) The public administrator has been appointed after the resignation or removal of a personal representative. (Enacted by Stats. 1990, Ch. 79.)
  128. 7624.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment as Personal Representative [7620 - 7624] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    If money remains with the public administrator after final distribution, the court must order it paid over within 60 days; if the administrator fails to comply, the county district attorney must promptly sue the administrator and bond sureties for the ordered amount plus costs.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Appointment as Personal Representative [7620 - 7624] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 7624. (a) If after final distribution of an estate any money remains in the possession of the public administrator that should be paid over to the county treasurer pursuant to Chapter 5 (commencing with Section 11850) of Part 10, the court shall order payment to be made within 60 days. (b) Upon failure of the public administrator to comply with an order made pursuant to subdivision (a), the district attorney of the county shall promptly institute proceedings against the public administrator and the sureties on the official bond for the amount ordered to be paid, plus costs. (Enacted by Stats. 1990, Ch. 79.)
  129. 7640.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Deposit of Money of Estate [7640 - 7644] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    The public administrator must deposit estate money promptly upon receipt in an insured account, a financial institution, or with the county treasurer.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Deposit of Money of Estate [7640 - 7644] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 7640. (a) The public administrator shall, upon receipt, deposit all money of the estate in an insured account in a financial institution or with the county treasurer of the county in which the proceedings are pending. (b) Upon deposit under this section the public administrator is discharged from further responsibility for the money deposited until the public administrator withdraws the money. (Enacted by Stats. 1990, Ch. 79.)
  130. 7641.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Deposit of Money of Estate [7640 - 7644] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    Money deposited under this article may be withdrawn if the public administrator orders it and the withdrawal is needed for estate administration.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Deposit of Money of Estate [7640 - 7644] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 7641. Money deposited in a financial institution or with the county treasurer under this article may be withdrawn upon the order of the public administrator when required for the purposes of administration. (Enacted by Stats. 1990, Ch. 79.)
  131. 7642.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Deposit of Money of Estate [7640 - 7644] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    The public administrator must credit each estate with the highest interest or dividends it would have earned if its funds had been deposited separately, and must deposit any excess interest or dividends in the county general fund.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Deposit of Money of Estate [7640 - 7644] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 7642. (a) The public administrator shall credit each estate with the highest rate of interest or dividends that the estate would have received if the funds available for deposit had been individually and separately deposited. (b) Interest or dividends credited to the account of the public administrator in excess of the amount credited to the estates pursuant to subdivision (a) shall be deposited in the county general fund. (Enacted by Stats. 1990, Ch. 79.)
  132. 7643.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Deposit of Money of Estate [7640 - 7644] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    The county treasurer must keep estate money deposited under this chapter, pay it out on the public administrator’s order for administration, and send unclaimed estate money to the State Treasurer or Controller.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Deposit of Money of Estate [7640 - 7644] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 7643. (a) The county treasurer shall receive and safely keep all money deposited with the county treasurer under this chapter and pay the money out on the order of the public administrator when required for the purposes of administration. The county treasurer and sureties on the official bond of the county treasurer are responsible for the safekeeping and payment of the money. (b) The county treasurer shall deliver to the State Treasurer or the Controller all money in the possession of the county treasurer belonging to the estate, if there are no beneficiaries or other persons entitled to the money, or the beneficiaries or other persons entitled to the money do not appear and claim it. Delivery shall be made under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil Procedure. (Enacted by Stats. 1990, Ch. 79.)
  133. 7644.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Deposit of Money of Estate [7640 - 7644] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    After five years, unclaimed estate deposit money is presumed abandoned, and the Controller may seek a court order requiring the financial institution to send the money to the State Treasurer.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Deposit of Money of Estate [7640 - 7644] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 7644. (a) If a deposit in a financial institution is made under this article, money remaining unclaimed at the expiration of five years after the date of the deposit, together with the increase and proceeds of the deposit, shall be presumed abandoned in any of the following circumstances: (1) The deposit belongs to the estate of a known decedent for which a personal representative has never been appointed. (2) The deposit belongs to the estate of a known decedent for which a personal representative has been appointed but no order of distribution has been made due to the absence of interested persons or the failure of interested persons diligently to protect their interests by taking reasonable steps for the purpose of securing a distribution of the estate. (b) The Controller may, at any time after the expiration of the five-year period, file a petition with the court setting forth the fact that the money has remained on deposit in a financial institution under the circumstances described in subdivision (a) for the five-year period, and requesting an order declaring that the money is presumptively abandoned and directing the holder of the money to pay the money to the State Treasurer. (c) Upon presentation of a certified copy of a court order made under subdivision (b), the financial institution shall forthwith transmit the money to the State Treasurer for deposit in the State Treasury. The deposit shall be made as provided in Section 1310 of the Code of Civil Procedure. All money deposited in the State Treasury under the provisions of this section shall be deemed to be deposited in the State Treasury under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil Procedure. The deposit shall be transmitted, received, accounted for, and disposed of as provided by Title 10 (commencing with Section 1300) of Part 3 of the Code of Civil Procedure. (Enacted by Stats. 1990, Ch. 79.)
  134. 7660.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Summary Disposition of Small Estates [7660 - 7666] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    A public administrator may use summary estate disposition in limited small-estate situations, and certain institutions must provide information, access, and property when they receive the required certification.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Summary Disposition of Small Estates [7660 - 7666] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 7660. (a) If a public administrator takes possession or control of an estate pursuant to this chapter, the public administrator may, acting as personal representative of the estate, summarily dispose of the estate in the manner provided in this article in either of the following circumstances: (1) The total value of the property in the decedent’s estate does not exceed the amount prescribed in Section 13100. The authority provided by this paragraph may be exercised only upon order of the court. The order may be made upon ex parte application. The fee to be allowed to the clerk for the filing of the application is two hundred five dollars ($205). The authority for this summary administration of the estate shall be evidenced by a court order for summary disposition. (2) The total value of the property in the decedent’s estate does not exceed fifty thousand dollars ($50,000). The authority provided by this paragraph may be exercised without court authorization. (A) A public administrator who is authorized to summarily dispose of property of a decedent pursuant to this paragraph may issue a written certification of Authority for Summary Administration. The written certification is effective for 30 days after the date of issuance. (B) A financial institution, government or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person shall, without the necessity of inquiring into the truth of the written certification of Authority for Summary Administration and without court order or letters being issued, do all of the following: (i) Provide the public administrator complete information concerning any property held in the name of the decedent, including the names and addresses of any beneficiaries or joint owners. (ii) Grant the public administrator access to a safe-deposit box or storage facility rented in the name of the decedent for the purpose of inspection and removal of property of the decedent. Costs and expenses incurred in accessing a safe-deposit box or storage facility shall be borne by the estate of the decedent. (iii) Surrender to the public administrator any property of the decedent that is held or controlled by the financial institution, agency, retirement fund administrator, insurance company, licensed securities dealer, or other person. (C) Receipt by a financial institution, government or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person of the written certification provided by this article shall do both of the following: (i) Constitute sufficient acquittance for providing information or granting access to a safe-deposit box or a storage facility and for surrendering any property of the decedent. (ii) Fully discharge the financial institution, government or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person from liability for any act or omission of the public administrator with respect to the property, a safe-deposit box, or a storage facility. (b) Summary disposition may be made notwithstanding the existence of the decedent’s will, if the will does not name an executor or if the named executor refuses to act. (c) Nothing in this article precludes the public administrator from filing a petition with the court under any other provision of this code concerning the administration of the decedent’s estate. (d) Petitions filed pursuant to this article shall contain the information required by Section 8002. (e) If a public administrator takes possession or control of an estate pursuant to this chapter, this article conveys the authority of a personal representative as described in Section 9650 to the public administrator to summarily dispose of the estates pursuant to the procedures described in paragraphs (1) and (2) of subdivision (a). (f) The fee charged under paragraph (1) of subdivision (a) shall be distributed as provided in Section 68085.4 of the Government Code. When an application is filed under that paragraph, no other fees shall be charged in addition to the uniform filing fee provided for in Section 68085.4 of the Government Code. (Amended by Stats. 2012, Ch. 162, Sec. 139. (SB 1171) Effective January 1, 2013.)
  135. 7661.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Summary Disposition of Small Estates [7660 - 7666] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    A public administrator may withdraw, collect, and sell a decedent’s property under this article.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Summary Disposition of Small Estates [7660 - 7666] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 7661. A public administrator acting under authority of this article may: (a) Withdraw money or take possession of any other property of the decedent that is in the possession or control of a financial institution, government or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person. (b) Collect any debts owed to the decedent, including, but not limited to, any rents, issues, or profits from the real and personal property in the estate until the estate is distributed. (c) Sell any personal property of the decedent, including, but not limited to, stocks, bonds, mutual funds and other types of securities. Sales may be made with or without notice, as the public administrator elects. Title to the property sold passes without the need for confirmation by the court. (d) Sell any real property of the decedent. The sale shall be accomplished through one of the following procedures: (1) The sale may be conducted subject to Article 6 (commencing with Section 10300) of Chapter 18 of Part 5. (2) With approval specified in the original court order for summary disposition of the estate, the sale of real property may be accomplished using a Notice of Proposed Action according to the following requirements: (A) The publication of the sale shall be accomplished according to Sections 10300 to 10307, inclusive. (B) The appraisal of the property and determination of the minimum sale price of 90 percent of the appraised value shall be accomplished according to Section 10309. (C) If an offer meets the approval of the public administrator and the offered price is at least 90 percent of the appraised value, a notice of proposed action shall be made according to Sections 10581 to 10588, inclusive. If objection is not made to the notice of proposed action, the sale may be completed without a court confirmation of the sale. The sale may be consummated by recording a public administrator’s deed and a copy of the court order for summary disposition that authorized the use of the notice of proposed action. (D) If an objection to the notice of proposed action is made pursuant to Section 10587, the sale shall be confirmed in court according to Sections 10308 to 10316, inclusive. The sale may be consummated by recording an administrator’s deed and a copy of the court order confirming the sale. (E) If objection to the notice of proposed action is not made under Section 10587, the public administrator may still elect to have the sale confirmed in court according to Sections 10308 to 10316, inclusive, if the public administrator deems that is in the best interest of the estate. Title to the property sold passes with the public administrator’s deed. (Amended by Stats. 2004, Ch. 888, Sec. 8. Effective January 1, 2005.)
  136. 7662.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Summary Disposition of Small Estates [7660 - 7666] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    The public administrator must pay estate money in the order required by Section 11420 before distributing the decedent’s property under Section 7663.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Summary Disposition of Small Estates [7660 - 7666] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 7662. The public administrator acting under authority of this article shall pay out the money of the estate in the order prescribed in Section 11420, for expenses of administration, charges against the estate, and claims presented to the public administrator before distribution of the decedent’s property pursuant to Section 7663. A creditor whose claim is paid under this section is not liable for contribution to a creditor whose claim is presented after the payment. (Amended (as amended by Stats. 1990, Ch. 710) by Stats. 1991, Ch. 82, Sec. 23. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
  137. 7663.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Summary Disposition of Small Estates [7660 - 7666] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    The public administrator must distribute remaining estate property to beneficiaries after debts are paid, but not before four months have passed after authorization or taking possession. If there are no beneficiaries, the balance must be deposited with the county treasurer for the county general fund. If the deposit exceeds $5,000, the Controller must receive written notice at the time of deposit.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Summary Disposition of Small Estates [7660 - 7666] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 7663. (a) After payment of debts pursuant to Section 7662, but in no case before four months after court authorization of the public administrator to act under this article or after the public administrator takes possession or control of the estate, the public administrator shall distribute to the decedent’s beneficiaries any money or other property of the decedent remaining in the possession of the public administrator. (b) If there are no beneficiaries, the public administrator shall deposit the balance with the county treasurer for use in the general fund of the county, subject to Article 3 (commencing with Section 50050) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. If the amount deposited exceeds five thousand dollars ($5,000), the public administrator shall at the time of the deposit give the Controller written notice of the information specified in Section 1311 of the Code of Civil Procedure. (Amended by Stats. 1996, Ch. 401, Sec. 2. Effective January 1, 1997.)
  138. 7664.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Summary Disposition of Small Estates [7660 - 7666] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    A person who receives property under this article is personally liable for the decedent’s unsecured debts, but liability is capped at the property’s net fair market value.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Summary Disposition of Small Estates [7660 - 7666] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 7664. A person to whom property is distributed under this article is personally liable for the unsecured debts of the decedent. Such a debt may be enforced against the person in the same manner as it could have been enforced against the decedent if the decedent had not died. In an action based on the debt, the person may assert any defenses available to the decedent if the decedent had not died. The aggregate personal liability of a person under this section shall not exceed the fair market value of the property distributed to the person, valued as of the date of the distribution, less the amount of any liens and encumbrances on the property on that date. Section 366.2 of the Code of Civil Procedure applies in an action under this section. (Amended by Stats. 1992, Ch. 178, Sec. 33. Effective January 1, 1993.)
  139. 7665.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Summary Disposition of Small Estates [7660 - 7666] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    The public administrator must file a statement and distribution receipts with the clerk, and keep receipts and expenditure records for three years after disposition.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Summary Disposition of Small Estates [7660 - 7666] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 7665. (a) The public administrator shall file with the clerk a statement showing the property of the decedent that came into possession of the public administrator and the disposition made of the property, together with receipts for all distributions. This subdivision does not apply to proceedings under paragraph (2) of subdivision (a) of Section 7660. (b) The public administrator shall maintain a file of all receipts and records of expenditures for a period of three years after disposition of the property pursuant to Section 7663. (Enacted by Stats. 1990, Ch. 79.)
  140. 7666.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Summary Disposition of Small Estates [7660 - 7666] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    The public administrator, and any attorney for the public administrator, are paid under Part 7 for filing an application and related services, subject to stated exceptions. The public administrator is guaranteed at least $3,000.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [7000 - 7666] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Public Administrators [7600 - 7666] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Summary Disposition of Small Estates [7660 - 7666] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 7666. (a) Except as provided in Section 7623 and in subdivision (b), the compensation payable to the public administrator and the attorney, if any, for the public administrator for the filing of an application pursuant to this chapter and for performance of any duty or service connected with that filing is as set forth in Part 7 (commencing with Section 10800). (b) The public administrator is entitled to a minimum compensation of three thousand dollars ($3,000). (Amended by Stats. 2022, Ch. 151, Sec. 1. (SB 928) Effective January 1, 2023.)
  141. 78.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines when a person is not treated as a “surviving spouse.”

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 78. “Surviving spouse” does not include any of the following: (a) A person whose marriage to, or registered domestic partnership with, the decedent has been dissolved or annulled, unless, by virtue of a subsequent marriage or registered domestic partnership, the person is married to, or in a registered domestic partnership with, the decedent at the time of death. (b) A person who obtains or consents to a final decree or judgment of dissolution of marriage or termination of registered domestic partnership from the decedent or a final decree or judgment of annulment of their marriage or termination of registered domestic partnership, which decree or judgment is not recognized as valid in this state, unless they (1) subsequently participate in a marriage ceremony purporting to marry each to the other or (2) subsequently live together as spouses. (c) A person who, following a decree or judgment of dissolution or annulment of marriage or registered domestic partnership obtained by the decedent, participates in a marriage ceremony with a third person. (d) A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital or registered domestic partnership property rights. (Amended by Stats. 2016, Ch. 50, Sec. 78. (SB 1005) Effective January 1, 2017.)
  142. 8.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. )

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    This section defines words used in the code, such as division, part, chapter, article, section, subdivision, paragraph, and subparagraph, unless another meaning is expressly stated.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 8. Unless otherwise expressly stated: (a) “Division” means a division of this code. (b) “Part” means a part of the division in which that term occurs. (c) “Chapter” means a chapter of the division or part, as the case may be, in which that term occurs. (d) “Article” means an article of the chapter in which that term occurs. (e) “Section” means a section of this code. (f) “Subdivision” means a subdivision of the section in which that term occurs. (g) “Paragraph” means a paragraph of the subdivision in which that term occurs. (h) “Subparagraph” means a subparagraph of the paragraph in which that term occurs. (Enacted by Stats. 1990, Ch. 79.)
  143. 80.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “Totten trust account” and describes what it includes and excludes.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 80. “Totten trust account” means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account. In a Totten trust account, it is not essential that payment to the beneficiary be mentioned in the deposit agreement. A Totten trust account does not include (1) a regular trust account under a testamentary trust or a trust agreement which has significance apart from the account or (2) a fiduciary account arising from a fiduciary relation such as attorney-client. (Enacted by Stats. 1990, Ch. 79.)
  144. 800.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 16. JURISDICTION [800 - 801] ( Part 16 added by Stats. 1994, Ch. 806, Sec. 4. )

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    In proceedings under this code, the court is a court of general jurisdiction and has the same power and authority as a superior court.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 16. JURISDICTION [800 - 801] ( Part 16 added by Stats. 1994, Ch. 806, Sec. 4. ) ## 800. The court in proceedings under this code is a court of general jurisdiction and the court, or a judge of the court, has the same power and authority with respect to the proceedings as otherwise provided by law for a superior court, or a judge of the superior court, including, but not limited to, the matters authorized by Section 128 of the Code of Civil Procedure. (Added by Stats. 1994, Ch. 806, Sec. 4. Effective January 1, 1995.)
  145. 8000.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    After a decedent dies, any interested person may petition the court to start estate administration and may seek appointment of a personal representative, probate of the will, or both.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 8000. (a) At any time after a decedent’s death, any interested person may commence proceedings for administration of the estate of the decedent by a petition to the court for an order determining the date and place of the decedent’s death and for either or both of the following: (1) Appointment of a personal representative. (2) Probate of the decedent’s will. (b) A petition for probate of the decedent’s will may be made regardless of whether the will is in the petitioner’s possession or is lost, destroyed, or beyond the jurisdiction of the state. (Enacted by Stats. 1990, Ch. 79.)
  146. 8001.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    An executor named in a will must petition the court for estate administration within 30 days after learning of the decedent’s death and that they are named executor, unless good cause for delay is shown.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 8001. Unless good cause for delay is shown, if a person named in a will as executor fails to petition the court for administration of the estate within 30 days after the person has knowledge of the death of the decedent and that the person is named as executor, the person may be held to have waived the right to appointment as personal representative. (Enacted by Stats. 1990, Ch. 79.)
  147. 8002.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A petition for probate must include specified information, and if there is a will, the petitioner must attach required copies or translations and state whether the named executor consents to act or waives appointment.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 8002. (a) The petition shall contain all of the following information: (1) The date and place of the decedent’s death. (2) The street number, street, and city, or other address, and the county, of the decedent’s residence at the time of death. (3) The name, age, address, and relation to the decedent of each heir and devisee of the decedent, so far as known to or reasonably ascertainable by the petitioner. (4) The character and estimated value of the property in the estate. (5) The name of the person for whom appointment as personal representative is petitioned. (b) If the decedent left a will: (1) The petitioner shall attach to the petition a photographic copy of the will. In the case of a holographic will or other will of which material provisions are handwritten, the petitioner shall also attach a typed copy of the will. (2) If the will is in a foreign language, the petitioner shall attach an English language translation. On admission of the will to probate, the court shall certify to a correct translation into English, and the certified translation shall be filed with the will. (3) The petition shall state whether the person named as executor in the will consents to act or waives the right to appointment. (Enacted by Stats. 1990, Ch. 79.)
  148. 8003.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    The hearing on a petition must be scheduled within a set number of days after the petition is filed, and the petitioner must serve and publish notice of the hearing.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 8003. (a) The hearing on the petition shall be set for a day not less than 15 nor more than 30 days after the petition is filed. At the request of the petitioner made at the time the petition is filed, the hearing on the petition shall be set for a day not less than 30 nor more than 45 days after the petition is filed. The court may not shorten the time for giving the notice of hearing under this section. (b) The petitioner shall serve and publish notice of the hearing in the manner prescribed in Chapter 2 (commencing with Section 8100). (Enacted by Stats. 1990, Ch. 79.)
  149. 8004.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    If a personal representative appointment is contested, the contestant may challenge competency or another person's right to appointment, and if the contest claims another person has the right to be appointed, the contestant must file a petition, serve notice, and the court must hear both petitions together. If a will is contested, Article 3 procedure applies.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 8004. (a) If appointment of the personal representative is contested, the grounds of opposition may include a challenge to the competency of the personal representative or the right to appointment. If the contest asserts the right of another person to appointment as personal representative, the contestant shall also file a petition and serve notice in the manner provided in Article 2 (commencing with Section 8110) of Chapter 2, and the court shall hear the two petitions together. (b) If a will is contested, the applicable procedure is that provided in Article 3 (commencing with Section 8250) of Chapter 3. (Enacted by Stats. 1990, Ch. 79.)
  150. 8005.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    At the petition hearing, the court may examine witnesses and require any person to attend as a witness about specified facts about the decedent and the estate.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 8005. (a) At the hearing on the petition, the court may examine and compel any person to attend as a witness concerning any of the following matters: (1) The time, place, and manner of the decedent’s death. (2) The place of the decedent’s domicile and residence at the time of death. (3) The character and value of the decedent’s property. (4) Whether or not the decedent left a will. (b) The following matters shall be established: (1) The jurisdictional facts, including: (A) The date and place of the decedent’s death. (B) That the decedent was domiciled in this state or left property in this state at the time of death. (C) The publication of notice under Article 3 (commencing with Section 8120) of Chapter 2. (2) The existence or nonexistence of the decedent’s will. (3) That notice of the hearing was served as provided in Article 2 (commencing with Section 8110) of Chapter 2. (Enacted by Stats. 1990, Ch. 79.)
  151. 8006.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    If the court finds the required facts, it must issue an order fixing the time and place of death and the court’s jurisdiction, and it may admit the will to probate and appoint a personal representative when appropriate and supported by proof.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 8006. (a) If the court finds that the matters referred to in paragraph (1) of subdivision (b) of Section 8005 are established, the court shall make an order determining the time and place of the decedent’s death and the jurisdiction of the court. Where appropriate and on satisfactory proof, the order shall admit the decedent’s will to probate and appoint a personal representative. The date the will is admitted to probate shall be included in the order. (b) If through defect of form or error the matters referred to in paragraph (1) of subdivision (b) of Section 8005 are incorrectly stated in the petition but actually are established, the court has and retains jurisdiction to correct the defect or error at any time. No such defect or error makes void an order admitting the will to probate or appointing a personal representative or an order made in any subsequent proceeding. (Enacted by Stats. 1990, Ch. 79.)
  152. 8007.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A final order admitting a will to probate or appointing a personal representative conclusively determines the court’s jurisdiction and cannot be collaterally attacked, except for extrinsic fraud or an erroneous death determination.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Commencement of Proceedings [8000 - 8007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 8007. (a) Except as provided in subdivision (b), an order admitting a will to probate or appointing a personal representative, when it becomes final, is a conclusive determination of the jurisdiction of the court and cannot be collaterally attacked. (b) Subdivision (a) does not apply in either of the following cases: (1) The presence of extrinsic fraud in the procurement of the court order. (2) The court order is based on the erroneous determination of the decedent’s death. (Enacted by Stats. 1990, Ch. 79.)
  153. 801.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 16. JURISDICTION [800 - 801] ( Part 16 added by Stats. 1994, Ch. 806, Sec. 4. )

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    The court may order certain actions or proceedings into a separate civil action, and may transfer the severed matter there if the appropriate filing fees are paid.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 16. JURISDICTION [800 - 801] ( Part 16 added by Stats. 1994, Ch. 806, Sec. 4. ) ## 801. The court, on its own motion or on the motion of any interested party, may order that an action or proceeding not specifically provided in this code be determined in a separate civil action. Upon the payment of the appropriate filing fees, the court may order transfer of the severed action or proceeding to the separate civil action. (Added by Stats. 1996, Ch. 862, Sec. 2. Effective January 1, 1997.)
  154. 81.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    “Transferor” means a testator, settlor, grantor, owner, or other person who executes an instrument.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 81. “Transferor” means the testator, settlor, grantor, owner, or other person who executes an instrument. (Enacted by Stats. 1990, Ch. 79.)
  155. 81.5.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “transferee” as the beneficiary, donee, or other recipient of an interest transferred by an instrument.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 81.5. “Transferee” means the beneficiary, donee, or other recipient of an interest transferred by an instrument. (Added by Stats. 1994, Ch. 806, Sec. 2. Effective January 1, 1995.)
  156. 810.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 17. LEGAL MENTAL CAPACITY [810 - 813] ( Part 17 heading added by Stats. 1996, Ch. 178, Sec. 1. )

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    This section presumes all persons have decision-making capacity and explains that mental or physical disorder does not automatically mean a person lacks capacity.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 17. LEGAL MENTAL CAPACITY [810 - 813] ( Part 17 heading added by Stats. 1996, Ch. 178, Sec. 1. ) ## 810. The Legislature finds and declares the following: (a) For purposes of this part, there shall exist a rebuttable presumption affecting the burden of proof that all persons have the capacity to make decisions and to be responsible for their acts or decisions. (b) A person who has a mental or physical disorder may still be capable of contracting, conveying, marrying, making medical decisions, executing wills or trusts, and performing other actions. (c) A judicial determination that a person is totally without understanding, or is of unsound mind, or suffers from one or more mental deficits so substantial that, under the circumstances, the person should be deemed to lack the legal capacity to perform a specific act, should be based on evidence of a deficit in one or more of the person’s mental functions rather than on a diagnosis of a person’s mental or physical disorder. (Amended by Stats. 1998, Ch. 581, Sec. 19. Effective January 1, 1999.)
  157. 8100.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Contents [8100- 8100.] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    The notice of hearing must include specified estate-administration information, and creditors or contingent creditors must file a claim and send a copy to the personal representative within the stated deadline.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Contents [8100- 8100.] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8100. 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 ESTATE OF ___________, ESTATE NO. ________ To all heirs, beneficiaries, creditors, and contingent creditors of _________ and persons who may be otherwise interested in the will or estate, or both: A petition has been filed by _________ in the Superior Court of California, County of _________, requesting that _________ be appointed as personal representative to administer the estate of _________ [and for probate of the decedent’s will, which is available for examination in the court file]. [The petition requests authority to administer the estate under the Independent Administration of Estates Act. This will avoid the need to obtain court approval for many actions taken in connection with the estate. However, before taking certain actions, the personal representative will be required to give notice to interested persons unless they have waived notice or have consented to the proposed action. The petition will be granted unless good cause is shown why it should not be.] The petition is set for hearing in Dept. No. at _____ (Address) _____ on _____ (Date of hearing) _____ at _____ (Time of hearing) _____ . IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney. IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal representative appointed by the court within the later of either (1) four months from the date of first issuance of letters to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code, or (2) 60 days from the date of delivery of the notice to you under Section 9052 of the California Probate Code. YOU MAY EXAMINE the file kept by the court. If you are interested in the estate, you may request special notice of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Section 1250 of the California Probate Code. _____ (Name and address of petitioner or petitioner’s attorney) _____ (Amended by Stats. 2017, Ch. 319, Sec. 63. (AB 976) Effective January 1, 2018.)
  158. 811.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 17. LEGAL MENTAL CAPACITY [810 - 813] ( Part 17 heading added by Stats. 1996, Ch. 178, Sec. 1. )

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    A court’s capacity determination must be supported by evidence of a mental-function deficit and its connection to the act or decision; a diagnosis alone is not enough.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 17. LEGAL MENTAL CAPACITY [810 - 813] ( Part 17 heading added by Stats. 1996, Ch. 178, Sec. 1. ) ## 811. (a) A determination that a person is of unsound mind or lacks the capacity to make a decision or do a certain act, including, but not limited to, the incapacity to contract, to make a conveyance, to marry, to make medical decisions, to execute wills, or to execute trusts, shall be supported by evidence of a deficit in at least one of the following mental functions, subject to subdivision (b), and evidence of a correlation between the deficit or deficits and the decision or acts in question: (1) Alertness and attention, including, but not limited to, the following: (A) Level of arousal or consciousness. (B) Orientation to time, place, person, and situation. (C) Ability to attend and concentrate. (2) Information processing, including, but not limited to, the following: (A) Short- and long-term memory, including immediate recall. (B) Ability to understand or communicate with others, either verbally or otherwise. (C) Recognition of familiar objects and familiar persons. (D) Ability to understand and appreciate quantities. (E) Ability to reason using abstract concepts. (F) Ability to plan, organize, and carry out actions in one’s own rational self-interest. (G) Ability to reason logically. (3) Thought processes. Deficits in these functions may be demonstrated by the presence of the following: (A) Severely disorganized thinking. (B) Hallucinations. (C) Delusions. (D) Uncontrollable, repetitive, or intrusive thoughts. (4) Ability to modulate mood and affect. Deficits in this ability may be demonstrated by the presence of a pervasive and persistent or recurrent state of euphoria, anger, anxiety, fear, panic, depression, hopelessness or despair, helplessness, apathy or indifference, that is inappropriate in degree to the individual’s circumstances. (b) A deficit in the mental functions listed above may be considered only if the deficit, by itself or in combination with one or more other mental function deficits, significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions with regard to the type of act or decision in question. (c) In determining whether a person suffers from a deficit in mental function so substantial that the person lacks the capacity to do a certain act, the court may take into consideration the frequency, severity, and duration of periods of impairment. (d) The mere diagnosis of a mental or physical disorder shall not be sufficient in and of itself to support a determination that a person is of unsound mind or lacks the capacity to do a certain act. (e) This part applies only to the evidence that is presented to, and the findings that are made by, a court determining the capacity of a person to do a certain act or make a decision, including, but not limited to, making medical decisions. Nothing in this part shall affect the decisionmaking process set forth in Section 1418.8 of the Health and Safety Code, nor increase or decrease the burdens of documentation on, or potential liability of, health care providers who, outside the judicial context, determine the capacity of patients to make a medical decision. (Amended by Stats. 1998, Ch. 581, Sec. 20. Effective January 1, 1999.)
  159. 8110.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Service of Notice of Hearing [8110 - 8113] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    The petitioner must give notice of a decedent’s estate administration hearing at least 15 days before the hearing.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Service of Notice of Hearing [8110 - 8113] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8110. 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 by the petitioner. (b) Each devisee, executor, and alternative executor named in any will being offered for probate, regardless of whether the devise or appointment is purportedly revoked in a subsequent instrument. (Amended by Stats. 2017, Ch. 319, Sec. 64. (AB 976) Effective January 1, 2018.)
  160. 8111.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Service of Notice of Hearing [8110 - 8113] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    If a will may create a charitable testamentary trust or a charitable devise without an identified devisee, notice of hearing with the petition and will must be delivered to the Attorney General.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Service of Notice of Hearing [8110 - 8113] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8111. 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, notice of hearing accompanied by a copy of the petition and of the will shall be delivered pursuant to Section 1215 to the Attorney General as provided in Section 1209. (Amended by Stats. 2017, Ch. 319, Sec. 65. (AB 976) Effective January 1, 2018.)
  161. 8112.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Service of Notice of Hearing [8110 - 8113] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    A general personal representative must give notice of the estate administration to creditors and to public entities.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Service of Notice of Hearing [8110 - 8113] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8112. 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.)
  162. 8113.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Service of Notice of Hearing [8110 - 8113] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    When a foreign-country citizen dies without a will, dies with a will that names no executor, or property will pass to a foreign-country citizen, notice must be given to a recognized diplomatic or consular official of that foreign country who has an office in the United States.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Service of Notice of Hearing [8110 - 8113] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8113. 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 maintaining an office in the United States. (Enacted by Stats. 1990, Ch. 79.)
  163. 812.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 17. LEGAL MENTAL CAPACITY [810 - 813] ( Part 17 heading added by Stats. 1996, Ch. 178, Sec. 1. )

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    A person generally lacks capacity to make a decision unless they can communicate the decision and understand and appreciate the relevant rights, consequences, risks, benefits, and alternatives.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 17. LEGAL MENTAL CAPACITY [810 - 813] ( Part 17 heading added by Stats. 1996, Ch. 178, Sec. 1. ) ## 812. Except where otherwise provided by law, including, but not limited to, Section 813 and the statutory and decisional law of testamentary capacity, a person lacks the capacity to make a decision unless the person has the ability to communicate verbally, or by any other means, the decision, and to understand and appreciate, to the extent relevant, all of the following: (a) The rights, duties, and responsibilities created by, or affected by the decision. (b) The probable consequences for the decisionmaker and, where appropriate, the persons affected by the decision. (c) The significant risks, benefits, and reasonable alternatives involved in the decision. (Repealed and added by Stats. 1996, Ch. 178, Sec. 5. Effective January 1, 1997.)
  164. 8120.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Publication [8120 - 8125] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A notice of hearing for a petition to administer a decedent’s estate must also be published before the hearing in the manner required by this article.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Publication [8120 - 8125] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8120. 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. 1990, Ch. 79.)
  165. 8121.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Publication [8120 - 8125] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The notice must be first published at least 15 days before the hearing, and three weekly-or-more newspaper publications with at least five days between the first and last publications are sufficient.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Publication [8120 - 8125] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8121. (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, are sufficient. (b) Notice shall be published in a newspaper of general circulation in the city where the decedent resided at the time of death, or where the decedent’s property is located if the court has jurisdiction under Section 7052. If there is no such newspaper, or if the decedent did not reside in a city, or if the property is not located in a city, then notice shall be published in a newspaper of general circulation in the county which is circulated within the area of the county in which the decedent resided or the property is located. If there is no such newspaper, notice shall be published in a newspaper of general circulation published in this state nearest to the county seat of the county in which the decedent resided or the property is located, and which is circulated within the area of the county in which the decedent resided or the property is located. (c) For purposes of this section, “city” means a charter city as defined in Section 34101 of the Government Code or a general law city as defined in Section 34102 of the Government Code. (Enacted by Stats. 1990, Ch. 79.)
  166. 8122.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Publication [8120 - 8125] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Notice of hearing should generally be published in compliance with Section 8121, and a good-faith publication that substantially complies can still be sufficient if the court makes the required findings.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Publication [8120 - 8125] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8122. 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 may inadvertently be published in a newspaper that does not satisfy Section 8121. Therefore, to prevent a minor error in publication from invalidating what would otherwise be a proper proceeding, the Legislature further finds and declares that notice published in a good faith attempt to comply with Section 8121 is sufficient to provide notice of hearing and to establish jurisdiction if the court expressly finds that the notice was published in a newspaper of general circulation published within the county and widely circulated within a true cross-section of the area of the county in which the decedent resided or the property was located in substantial compliance with Section 8121. (Enacted by Stats. 1990, Ch. 79.)
  167. 8123.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Publication [8120 - 8125] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A notice published under this article must have its caption in 8-point type or larger and its text in 7-point type or larger.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Publication [8120 - 8125] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8123. 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.)
  168. 8124.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Publication [8120 - 8125] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court may not hear a petition to administer a decedent’s estate unless an affidavit of due publication of the hearing notice has been filed.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Publication [8120 - 8125] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8124. 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. (Enacted by Stats. 1990, Ch. 79.)
  169. 8125.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Publication [8120 - 8125] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    After the notice of hearing is published and an affidavit is filed, a later court-ordered publication may leave out information for creditors and contingent creditors.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice of Hearing [8100 - 8125] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Publication [8120 - 8125] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8125. 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.)
  170. 813.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 17. LEGAL MENTAL CAPACITY [810 - 813] ( Part 17 heading added by Stats. 1996, Ch. 178, Sec. 1. )

    Verify source ↗

    This section says a person has capacity to give informed consent to proposed medical treatment if they can answer questions intelligently, use rational thought, and understand the basic medical information listed in the section.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 17. LEGAL MENTAL CAPACITY [810 - 813] ( Part 17 heading added by Stats. 1996, Ch. 178, Sec. 1. ) ## 813. (a) For purposes of a judicial determination, a person has the capacity to give informed consent to a proposed medical treatment if the person is able to do all of the following: (1) Respond knowingly and intelligently to queries about that medical treatment. (2) Participate in that treatment decision by means of a rational thought process. (3) Understand all of the following items of minimum basic medical treatment information with respect to that treatment: (A) The nature and seriousness of the illness, disorder, or defect that the person has. (B) The nature of the medical treatment that is being recommended by the person’s health care providers. (C) The probable degree and duration of any benefits and risks of any medical intervention that is being recommended by the person’s health care providers, and the consequences of lack of treatment. (D) The nature, risks, and benefits of any reasonable alternatives. (b) A person who has the capacity to give informed consent to a proposed medical treatment also has the capacity to refuse consent to that treatment. (Amended by Stats. 1996, Ch. 178, Sec. 6. Effective January 1, 1997.)
  171. 82.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “trust” by listing what is included and what is excluded.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 82. (a) “Trust” includes the following: (1) An express trust, private or charitable, with additions thereto, wherever and however created. (2) A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust. (b) “Trust” excludes the following: (1) Constructive trusts, other than those described in paragraph (2) of subdivision (a), and resulting trusts. (2) Guardianships and conservatorships. (3) Personal representatives. (4) Totten trust accounts. (5) Custodial arrangements pursuant to the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of any state. (6) Business trusts that are taxed as partnerships or corporations. (7) Investment trusts subject to regulation under the laws of this state or any other jurisdiction. (8) Common trust funds. (9) Voting trusts. (10) Security arrangements. (11) Transfers in trust for purpose of suit or enforcement of a claim or right. (12) Liquidation trusts. (13) Trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind. (14) Any arrangement under which a person is nominee or escrowee for another. (Enacted by Stats. 1990, Ch. 79.)
  172. 8200.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Production of Will [8200 - 8203] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A custodian of a will must deliver the will to the county superior court clerk within 30 days after learning of the testator’s death, unless a probate petition is filed earlier, and must also give a copy to the named executor or beneficiary if their whereabouts are known.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Production of Will [8200 - 8203] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8200. (a) Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following: (1) Deliver the will, personally or by registered or certified mail, to the clerk of the superior court of the county in which the estate of the decedent may be administered. (2) Deliver a copy of the will pursuant to Section 1215 to the person named in the will as executor, if the person’s whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the person’s whereabouts is known to the custodian. (b) A custodian of a will who fails to comply with the requirements of this section shall be liable for all damages sustained by any person injured by the failure. (c) The clerk shall release a copy of a will delivered under this section for attachment to a petition for probate of the will or otherwise on receipt of payment of the required fee and either a court order for production of the will or a certified copy of a death certificate of the decedent. (d) The fee for delivering a will to the clerk of the superior court pursuant to paragraph (1) of subdivision (a) shall be as provided in Section 70626 of the Government Code. If an estate is commenced for the decedent named in the will, the fee for any will delivered pursuant to paragraph (1) of subdivision (a) shall be reimbursable from the estate as an expense of administration. (Amended by Stats. 2017, Ch. 319, Sec. 66. (AB 976) Effective January 1, 2018.)
  173. 8201.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Production of Will [8200 - 8203] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a petition alleges someone has a decedent’s will and the court accepts that allegation, the court must order that person to produce the will.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Production of Will [8200 - 8203] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8201. If, on petition to the superior court of the county in which the estate of the decedent is being or may be administered alleging that a person has possession of a decedent’s will, the court is satisfied that the allegation is true, the court shall order the person to produce the will. (Enacted by Stats. 1990, Ch. 79.)
  174. 8202.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Production of Will [8200 - 8203] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a decedent was domiciled in this state at death and the will is held by a court in another state or country and cannot be produced here, a certified photographic copy may be admitted to probate with the same force and effect as the original.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Production of Will [8200 - 8203] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8202. If the will of a person who was domiciled in this state at the time of death is detained in a court of any other state or country and cannot be produced for probate in this state, a certified photographic copy of the will may be admitted to probate in this state with the same force and effect as the original will. The same proof shall be required as if the original will were produced. (Enacted by Stats. 1990, Ch. 79.)
  175. 8203.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Production of Will [8200 - 8203] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A court may order a will transferred to another county’s superior court clerk when no estate proceeding is pending in the county where the will was delivered.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Production of Will [8200 - 8203] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8203. If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the testator’s estate, that court may order the will transferred to the clerk of the superior court in a county in which such a proceeding is pending. A petition for the transfer may be presented and heard without notice, but shall not be granted without proof that a copy of the petition has been delivered pursuant to Section 1215 to the petitioner and any persons who have requested special notice in the proceeding in the court to which the will is to be transferred. The petition and order shall include the case number of the proceeding in the court to which transfer is prayed. Certified copies of the petition, any supporting documents, and the order shall be transmitted by the clerk along with the original will, and these copies shall be filed in the proceeding by the clerk of the recipient court. (Amended by Stats. 2017, Ch. 319, Sec. 67. (AB 976) Effective January 1, 2018.)
  176. 8220.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If there is no will contest, the court may allow a will to be proved with one subscribing witness and may permit deposition and photographic-copy procedures when no subscribing witness lives in the county.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8220. Unless there is a contest of a will: (a) The will may be proved on the evidence of one of the subscribing witnesses only, if the evidence shows that the will was executed in all particulars as prescribed by law. (b) Evidence of execution of a will may be received by an affidavit of a subscribing witness to which there is attached a photographic copy of the will, or by an affidavit in the original will that includes or incorporates the attestation clause. (c) If no subscribing witness resides in the county, but the deposition of a witness can be taken elsewhere, the court may direct the deposition to be taken. On the examination, the court may authorize a photographic copy of the will to be made and presented to the witness, and the witness may be asked the same questions with respect to the photographic copy as if the original will were present. (Enacted by Stats. 1990, Ch. 79.)
  177. 8221.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If no subscribing witness is available, the court may allow proof of a will through handwriting evidence and certain supporting documents.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8221. If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may, if the will on its face conforms to all requirements of law, permit proof of the will by proof of the handwriting of the testator and one of the following: (a) Proof of the handwriting of any one subscribing witness. (b) Receipt in evidence of one of the following documents reciting facts showing due execution of the will: (1) A writing in the will bearing the signatures of all subscribing witnesses. (2) An affidavit of a person with personal knowledge of the circumstances of the execution. (Enacted by Stats. 1990, Ch. 79.)
  178. 8222.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A holographic will may be proved the same way as other writings.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8222. A holographic will may be proved in the same manner as other writings. (Enacted by Stats. 1990, Ch. 79.)
  179. 8223.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A petition to probate a lost or destroyed will must include a written statement of the will’s testamentary words, or their substance.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8223. The petition for probate of a lost or destroyed will shall include a written statement of the testamentary words or their substance. If the will is proved, the provisions of the will shall be set forth in the order admitting the will to probate. (Enacted by Stats. 1990, Ch. 79.)
  180. 8224.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Witness testimony in a will proceeding may be written down, signed, and filed, and that preserved testimony may be used later if the witness becomes unavailable.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8224. 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 preserved, or an official reporter’s transcript of the testimony, is admissible in evidence in any subsequent proceeding concerning the will if the witness has become unavailable as a witness within the meaning of Section 240 of the Evidence Code. (Enacted by Stats. 1990, Ch. 79.)
  181. 8225.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    When a court admits a will to probate, the clerk must enter that fact in the minutes.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8225. 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.)
  182. 8226.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    If no one contests a will or seeks revocation in time, probate admission is conclusive. A will may still be admitted even after another will was probated or property was already distributed, but it cannot change property already distributed. If the proponent has notice of certain probate proceedings, the proponent may seek probate only within the later of two stated deadlines.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8226. (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 notwithstanding prior admission to probate of another will or prior distribution of property in the proceeding. The will may not affect property previously distributed, but the court may determine how any provision of the will affects property not yet distributed and how any provision of the will affects provisions of another will. (c) If the proponent of a will has received notice of a petition for probate or a petition for letters of administration for a general personal representative, the proponent of the will may petition for probate of the will only within the later of either of the following time periods: (1) One hundred twenty days after issuance of the order admitting the first will to probate or determining the decedent to be intestate. (2) Sixty days after the proponent of the will first obtains knowledge of the will. (Amended by Stats. 1997, Ch. 724, Sec. 19. Effective January 1, 1998.)
  183. 825.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 18. RIGHT TO TRIAL [825- 825.] ( Part 18 added by Stats. 1999, Ch. 175, Sec. 1. )

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    In proceedings under this code, there is no right to a jury trial unless this code expressly says otherwise.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 18. RIGHT TO TRIAL [825- 825.] ( Part 18 added by Stats. 1999, Ch. 175, Sec. 1. ) ## 825. Except as otherwise expressly provided in this code, there is no right to a jury trial in proceedings under this code. (Added by Stats. 1999, Ch. 175, Sec. 1. Effective January 1, 2000.)
  184. 8250.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Contest of Will [8250 - 8254] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    If a will is contested under Section 8004, the contestant must file an objection to probate, and people summoned must file a written response within 30 days after service. An executor named in the will has no duty to defend the contest until appointed personal representative.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Contest of Will [8250 - 8254] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8250. (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 hearing of a petition for administration of the decedent’s estate. The summons shall be issued and served as provided in Chapter 3 (commencing with Section 412.10) and Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. The summons shall contain a direction that the persons summoned file with the court a written pleading in response to the contest within 30 days after service of the summons. (b) A person named as executor in the will is under no duty to defend a contest until the person is appointed personal representative. (Amended by Stats. 2011, Ch. 308, Sec. 11. (SB 647) Effective January 1, 2012.)
  185. 8251.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Contest of Will [8250 - 8254] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    In a will contest, the petitioner and other interested persons may answer or demur within the summons deadline; if a demurrer is sustained, the court may allow up to 15 days to amend; if someone misses the summons response deadline, they cannot participate further in the contest.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Contest of Will [8250 - 8254] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8251. (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 sustained, the court may allow the contestant a reasonable time, not exceeding 15 days, within which to amend the objection. If the demurrer is overruled, the petitioner and other interested persons may, within 15 days thereafter, answer the objection. (c) If a person fails timely to respond to the summons: (1) The case is at issue notwithstanding the failure and the case may proceed on the petition and other documents filed by the time of the hearing, and no further pleadings by other persons are necessary. (2) The person may not participate further in the contest, but the person’s interest in the estate is not otherwise affected. Nothing in this paragraph precludes further participation by the petitioner. (3) The person is bound by the decision in the proceeding. (Enacted by Stats. 1990, Ch. 79.)
  186. 8252.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Contest of Will [8250 - 8254] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    In a will contest trial, the will’s proponents must prove due execution, the contestants must prove grounds such as lack of intent or capacity, undue influence, fraud, duress, mistake, or revocation, and the court must decide contested factual issues affecting validity.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Contest of Will [8250 - 8254] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8252. (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 for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate. (b) The court shall try and determine any contested issue of fact that affects the validity of the will. (Enacted by Stats. 1990, Ch. 79.)
  187. 8253.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Contest of Will [8250 - 8254] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    At trial, each subscribing witness must be produced and examined. If no subscribing witness is available under Evidence Code Section 240, the court may allow other witnesses to prove the will’s due execution.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Contest of Will [8250 - 8254] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8253. 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 by Stats. 1990, Ch. 79.)
  188. 8254.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Contest of Will [8250 - 8254] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    The court may make appropriate orders on objections and must enter judgment admitting the will to probate or rejecting it, in whole or in part, and appointing a personal representative.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Contest of Will [8250 - 8254] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8254. 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.)
  189. 8270.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Revocation of Probate [8270 - 8272] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    Certain interested people may ask the court to revoke probate of a will, but the petition must be filed within 120 days unless the petitioner was a minor or incompetent without a guardian or conservator at the time of probate.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Revocation of Probate [8270 - 8272] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8270. (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. The petition shall include objections setting forth written grounds of opposition. (b) Notwithstanding subdivision (a), a person who was a minor or who was incompetent and had no guardian or conservator at the time a will was admitted to probate may petition the court to revoke the probate of the will at any time before entry of an order for final distribution. (Enacted by Stats. 1990, Ch. 79.)
  190. 8271.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Revocation of Probate [8270 - 8272] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    A summons in a revocation-of-probate proceeding must be directed to the personal representative and known heirs/devisees, and served with instructions to file a written response within 30 days.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Revocation of Probate [8270 - 8272] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8271. (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 in response to the petition within 30 days after service of the summons. Failure of a person timely to respond to the summons precludes the person from further participation in the revocation proceeding, but does not otherwise affect the person’s interest in the estate. (b) The summons shall be issued and served with a copy of the petition and proceedings had as in the case of a contest of the will. (c) If a person fails timely to respond to the summons: (1) The case is at issue notwithstanding the failure and the case may proceed on the petition and other documents filed by the time of the hearing, and no further pleadings by other persons are necessary. (2) The person may not participate further in the contest, but the person’s interest in the estate is not otherwise affected. (3) The person is bound by the decision in the proceeding. (Amended by Stats. 1998, Ch. 581, Sec. 25. Effective January 1, 1999.)
  191. 8272.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Revocation of Probate [8270 - 8272] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    If satisfactory proof shows a will should be denied probate, the court must revoke probate of the will.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Revocation of Probate [8270 - 8272] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8272. (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 proper act done in good faith before the revocation, nor is any transaction void by reason of the revocation if entered into with a third person dealing in good faith and for value. (Enacted by Stats. 1990, Ch. 79.)
  192. 83.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    “Trust company” means an entity that has qualified to engage in and conduct a trust business in this state.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 83. “Trust company” means an entity that has qualified to engage in and conduct a trust business in this state. (Enacted by Stats. 1990, Ch. 79.)
  193. 84.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “trustee” to include original, additional, and successor trustees, whether or not a court appointed or confirmed them.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 84. “Trustee” includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. (Enacted by Stats. 1990, Ch. 79.)
  194. 8400.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8400 - 8405] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A person may not administer an estate until appointed as personal representative and the appointment has taken effect; an executor named in the will may still pay funeral expenses and take necessary preservation steps before that happens.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8400 - 8405] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8400. (a) A person has no power to administer the estate until the person is appointed personal representative and the appointment becomes effective. Appointment of a personal representative becomes effective when the person appointed is issued letters. (b) Subdivision (a) applies whether or not the person is named executor in the decedent’s will, except that a person named executor in the decedent’s will may, before the appointment is made or becomes effective, pay funeral expenses and take necessary measures for the maintenance and preservation of the estate. (c) The order appointing a personal representative shall state in capital letters on the first page of the order, in at least 12-point type, the following: “WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.” (Amended by Stats. 1996, Ch. 862, Sec. 16. Effective January 1, 1997.)
  195. 8401.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8400 - 8405] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A petitioner for appointment as personal representative may place property with a trust company or financial institution, but must file a written receipt with a court-order withdrawal restriction.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8400 - 8405] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8401. (a) Notwithstanding Section 8400, a petitioner for appointment as personal representative may deliver property in the petitioner’s possession to a trust company or financial institution for deposit, or allow a trust company or financial institution to retain on deposit property already in its possession, as provided in Chapter 3 (commencing with Section 9700) of Part 5. (b) The petitioner shall obtain and file with the court a written receipt including the agreement of the trust company or financial institution that the property on deposit, including any earnings thereon, shall not be allowed to be withdrawn except on order of the court. (c) In receiving and retaining property under this section, the trust company or financial institution is protected to the same extent as though it had received the property from a person who had been appointed personal representative. (Enacted by Stats. 1990, Ch. 79.)
  196. 8402.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8400 - 8405] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A person cannot serve as a personal representative if they are a minor, under a conservatorship, unfit or unable to perform the job, removable under Section 8502, not a U.S. resident, or a surviving business partner objected to by an interested person.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8400 - 8405] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8402. (a) Notwithstanding any other provision of this chapter, a person is not competent to act as personal representative in any of the following circumstances: (1) The person is under the age of majority. (2) The person is subject to a conservatorship of the estate or is otherwise incapable of executing, or is otherwise unfit to execute, the duties of the office. (3) There are grounds for removal of the person from office under Section 8502. (4) The person is not a resident of the United States. (5) The person is a surviving business partner of the decedent and an interested person objects to the appointment. (b) Paragraphs (4) and (5) of subdivision (a) do not apply to a person named as executor or successor executor in the decedent’s will. (Amended by Stats. 2016, Ch. 703, Sec. 19. (AB 2881) Effective January 1, 2017.)
  197. 8403.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8400 - 8405] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    A personal representative must take and sign an oath before letters are issued.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8400 - 8405] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8403. (a) Before letters are issued, the personal representative shall take and subscribe an oath to perform, according to law, the duties of the office. The oath may be taken and dated on or after the time the petition for appointment as personal representative is signed, and may be filed with the clerk at any time after the petition is granted. (b) The oath constitutes an acceptance of the office and shall be attached to or endorsed on the letters. (Enacted by Stats. 1990, Ch. 79.)
  198. 8404.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8400 - 8405] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    Before letters are issued, most personal representatives must file an acknowledgment that they received the duties-and-liabilities statement; the court may also require extra identifying information by local rule if confidentiality is protected.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8400 - 8405] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8404. (a) Before letters are issued, the personal representative (other than a trust company or a public administrator) shall file an acknowledgment of receipt of a statement of duties and liabilities of the office of personal representative. The statement shall be in the form prescribed by the Judicial Council. (b) The court may by local rule require the acknowledgment of receipt to include the personal representative’s birth date and driver’s license number, if any, provided that the court ensures their confidentiality. (c) The statement of duties and liabilities prescribed by the Judicial Council does not supersede the law on which the statement is based. (Amended by Stats. 1994, Ch. 806, Sec. 26. Effective January 1, 1995.)
  199. 8405.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8400 - 8405] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    Court letters must be signed by the clerk under the court’s seal and must include specified details about the county, the appointed personal representative, and any independent administration authority.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8400 - 8405] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8405. Letters shall be signed by the clerk under the seal of the court and shall include: (a) The county from which the letters are issued. (b) The name of the person appointed as personal representative and whether the personal representative is an executor, administrator, administrator with the will annexed, or special administrator. (c) A notation whether the personal representative is authorized to act under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400) of Division 7), and if so authorized whether the independent administration authority includes or excludes the power to do any of the following: (1) Sell real property. (2) Exchange real property. (3) Grant an option to purchase real property. (4) Borrow money with the loan secured by an encumbrance upon real property. (Enacted by Stats. 1990, Ch. 79.)
  200. 8420.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Executors [8420 - 8425] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    A person named as executor in the decedent’s will has the right to be appointed as personal representative.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Executors [8420 - 8425] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8420. The person named as executor in the decedent’s will has the right to appointment as personal representative. (Enacted by Stats. 1990, Ch. 79.)

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