Probate Code, 1990

A person not named as executor may still be entitled to appointment as personal representative if the will shows the testator meant that person to carry out and administer the estate.

A testator may give someone power by will to designate an executor or coexecutor, and the will may allow the designated persons to serve without bond.

If a will names a trust company as executor and that company has been sold, merged, consolidated, or otherwise succeeded, the court may appoint the successor trust company as executor, and must do so to the extent required by the Banking Law.

If an executor is a minor, another named executor may be appointed to administer the estate until the minor reaches majority, and the minor may then be appointed as coexecutor. If there is no other named executor, another person may be appointed as personal representative, subject to possible court revocation when the minor reaches majority.

If the court appoints fewer than all named executors, the ones appointed have the same authority as if all had been appointed.

An administrator with the will annexed must be appointed as personal representative when no executor is named, or when the named executor(s) have waived appointment or cannot act.

This section sets the priority rules for appointing an administrator with the will annexed, including an exception where the court may give priority to a non-beneficiary in limited circumstances.

An administrator with the will annexed generally has the same authority over the estate as the executor named in the will, but not a special discretionary power unless the court authorizes it.

If a decedent dies intestate, the court must appoint an administrator as personal representative. The court may also appoint one or more persons as administrator.

People in listed family or related categories have priority to be appointed administrator of the decedent’s estate, subject to this article.

Certain family members can get priority under Section 8461 only if they are entitled to succeed to the estate, or qualify through another deceased person who was entitled to succeed to the decedent’s estate.

A surviving spouse meeting the stated conditions has priority for appointment after brothers and sisters, rather than the priority in Section 8461.

If an administrator nominee is a minor or has a guardian or conservator of the estate, the court may appoint the guardian, conservator, or another eligible person.

The court may appoint an administrator from a nominated person, but a nonresident nominee cannot be appointed when the nominator is a person described in paragraph (2) of subdivision (a).

If a creditor with only creditor priority seeks appointment as administrator, the court may refuse and appoint someone else.

If several people have equal priority to be appointed administrator, the court may appoint one or more of them. If they cannot agree, the court may appoint the public administrator or a disinterested person in the same or next lower priority class.

If people with priority do not seek appointment as administrator, the court may appoint any person who applies.

The court may, for good cause, let certain conservators or estate guardians keep the priority in Section 8461. If a petition asks for that priority, the petitioner must also give hearing notice to the public administrator.

A person appointed as personal representative must give a court-approved bond before letters are issued, unless another statute provides otherwise.

A bond is not required if the will waives it or if all beneficiaries waive it in writing and attach the waivers to the appointment petition, unless the will requires a bond.

The court may set the bond amount, but it cannot exceed a capped formula; in some cases it may set a minimum bond, and personal surety bonds must be doubled.

If estate property was deposited under a court-withdrawal condition, the court may require that it stay locked unless the court authorizes withdrawal, and may lower the bond amount or exclude that property when setting the personal representative’s bond.

If a personal representative asks to reduce the bond amount, the petition must include an affidavit about the estate’s condition.

A personal representative seeking substitution or release of a surety must file an account with the petition, and the court may not grant the substitution or release unless that account is approved.

A personal representative is entitled to the reasonable cost of the bond for each year the bond stays in force.

The Bond and Undertaking Law applies to a bond given under this division, unless this division conflicts with it.

A claim may be brought against bond sureties after a bond breach, but lawsuits are time-barred unless filed within the stated four-year or six-year limits.

Certain guardians, conservators, claimants, personal representatives, interested persons, and trustees may file a petition in the listed property-and-contract situations, and the petition must state the facts supporting the claim.

An interested person may ask the court to remove a personal representative, and the court can order the representative to appear, suspend powers, and remove them if removal is justified.

If a personal representative is removed from office, the court must revoke any letters issued to that person and their authority ends.

A personal representative may be removed from office if certain misconduct, incapacity, neglect, or other statutory cause exists.

An administrator may be removed from office on petition by certain eligible persons, but the court can refuse the petition in its discretion.

A personal representative must be removed from office if a will is later admitted to probate after the relevant earlier appointment.

A personal representative may be removed from office for contempt in disobeying a court order, and the court may remove the person by a factual court order without further showing or notice.

The petitioner must serve notice of the hearing and a copy of the petition at least 30 days before the hearing, and the court may not shorten that notice period.

A petitioner in a Section 850 proceeding may start discovery against a person who received notice of the hearing, using the Civil Discovery Act timing rules, but the clock starts when the petition and hearing notice are served.

An interested person may ask for extra time to respond to a discovery petition or to prepare for the hearing, and the court must grant a reasonable continuance for those purposes.

A vacancy in a personal representative’s office arises if the representative resigns, dies, is removed under Article 6, or otherwise loses authority.

If one of fewer than all personal representatives vacates office, the remaining personal representatives must finish administering the estate unless the will or court orders otherwise.

If a personal representative position becomes vacant and there are no others, the court must appoint a successor personal representative.

The court may make whatever orders are necessary to handle the decedent’s estate during a vacancy in the personal representative office before a successor is appointed.

A successor personal representative can take over the remaining unadministered estate and continue certain pending lawsuits, subject to court order and a specified statutory exception.

A personal representative’s acts before a vacancy stay valid, and the representative and bond surety remain liable after a vacancy or successor appointment until the accounts are settled and the estate is delivered. The personal representative must account within the time the court sets.

A person with title or an interest in the property may object to the petition hearing at or before the hearing, and the court must not grant the petition if that objection is established.

If a related civil action is already pending and meets the jurisdiction condition, the court must abate the petition on request of any party, unless the civil action was filed just to delay things.

If the estate needs an immediate personal representative, the court may appoint a special administrator.

The court may appoint a special administrator, sometimes without notice, and may also appoint the public administrator.

The clerk must issue letters to a special administrator after the required bond is given and the usual oath is taken, except that subdivision (a) does not apply to the public administrator.

The court must order that no bond be required in certain special-administrator cases, subject to Section 8481(b).

A special administrator has listed powers over estate property and litigation, mostly without further court order unless the appointing order says otherwise.

The court may give a special administrator the same powers, duties, and obligations as a general personal representative, and may require an additional bond as a condition of the grant.

A special administrator’s powers end when letters issue to a general personal representative or if the court directs otherwise, and the special administrator must promptly turn over estate property and known creditor-claim information to the general personal representative.

The court must set compensation for a special administrator and that administrator’s attorney, subject to limits in this section.

An action under this part may include related civil claims or other matters if they are factually related to the petition.

If the court is satisfied, it must issue an order for the property transfer or other appropriate relief, except where Sections 853 and 854 apply.

The court may not grant a petition under this chapter if it decides the matter should be handled in a civil action.

After the required order is entered, the person entitled under it has the right to possess and hold the property under the order’s terms.

This section defines “nonresident personal representative” for this article.

The court may require a nonresident personal representative to post a bond, even if another chapter provision or a bond waiver would otherwise apply.

A nonresident personal representative’s acceptance of appointment also appoints the Secretary of State as attorney for service for this article.

A nonresident personal representative must file a statement of their permanent address with the court, and must promptly file a change-of-address statement if that address changes.

Service on a nonresident personal representative must be made through the Secretary of State, with the Secretary then promptly mailing one copy to the representative.

This section says compliance with Section 8574 must be proven in a specific way, depending on whether service was by mail or personal service outside the state.

Service under Section 8574 generally has the same legal force as personal service in the state; a nonresident personal representative served under that section may appear and answer the complaint within 30 days, and notice of motion must be served at least 30 days before the hearing.

A nonresident personal representative who fails to comply with Section 8573 can be removed from office.

If a conservatee or minor dies while a proceeding is pending, the personal representative or other successor in interest may continue the matter, and it must not be dismissed because of the death.

A person found to have bad-faithly taken, concealed, or disposed of certain property may be liable for twice its value.

This section says “undue influence” means the same as in Section 15610.70 of the Welfare and Institutions Code.

This section says Part 20 is called the Revised Uniform Fiduciary Access to Digital Assets Act.

This section defines key terms used in the part and gives the defined court exclusive jurisdiction over proceedings brought under the part.

This part applies to several kinds of fiduciaries and related actors, and it does not apply to employer digital assets used by an employee in the ordinary course of business.

A user may use an online tool, or in some cases a will, trust, power of attorney, or other record, to direct disclosure or non-disclosure of digital assets.

This section preserves a custodian’s or user’s contract-based right to access and use a user’s digital assets, limits fiduciaries and designated recipients to the user’s existing rights, and allows a user to modify or end access in some circumstances.

A custodian may disclose a user’s digital assets in several ways, may charge a reasonable administrative fee, and may refuse disclosure in some cases.

A custodian must disclose a deceased user's electronic communications to the estate's personal representative if the stated consent, court, and document requirements are met.

A custodian must provide a deceased user’s personal representative with specified account and digital-asset information if required documents are submitted and no disclosure prohibition or court direction blocks it.

A custodian must disclose certain trust-account electronic communications to a qualifying trustee if the trustee provides the required documents and certifications, unless a court orders otherwise, the user directs otherwise, or the trust says otherwise.

A custodian must disclose certain trust-related electronic communications and other digital assets to a qualifying trustee when the settlor is deceased and required documents are provided, unless a court, the user, or the trust says otherwise.

A custodian must disclose the content of electronic communications to an agent when a power of attorney expressly authorizes that access and the agent provides the required request, power of attorney, and certification, plus any account-identifying information or account-linking evidence the custodian asks for.

A custodian must disclose certain electronic-communications records and digital assets to an authorized agent if the agent submits the required request, power of attorney, certification, and any requested account-identifying evidence, unless a court, the principal, or a power of attorney provides otherwise.

A court may let a conservator access a conservatee’s digital assets, and a custodian must disclose specified account and electronic-communication information if the listed conditions are met.

This section defines “will” to include a codicil and certain testamentary instruments that appoint an executor or change another will.

This section extends fiduciary duties to digital assets, limits fiduciary authority, gives fiduciaries access rights in specified cases, and lets custodians disclose information or terminate accounts under stated conditions.

A personal representative must file an inventory and appraisal with the court clerk, combine them in one document, and file a related tax certification.

A personal representative who learns of estate property missing from a prior inventory must file a supplemental inventory and appraisal.

The inventory and appraisal must list each item separately and show its fair market value at the decedent’s death in money terms next to the item.

When an inventory and appraisal, or a supplemental inventory and appraisal, is filed, the personal representative must give a copy to each person who asked for special notice.

If a personal representative refuses or negligently fails to file an inventory and appraisal on time, an interested person may petition the court for relief.

A custodian must respond to a qualifying request to disclose digital assets or terminate an account within 60 days after receiving required information, and the court order process must include a finding that compliance does not violate a cited federal law.

This section says the part overrides the federal E-SIGN Act in some respects, but not Section 101(c), and it does not authorize electronic delivery of the notices covered by Section 103(b).

Disclosure of a deceased user’s or settlor’s account contents to a fiduciary must follow the same license, restrictions, terms of service, and legal obligations that applied to the deceased user or settlor, including copyright law.

If a provision in this part is invalid, the rest of the part still applies if it can work without the invalid part.

The inventory for a decedent’s estate must include all property and specifically list certain categories of property.

A will cannot validly discharge a debt or demand owed to the testator against the executor or another person as against the testator’s creditors; the debt or demand is treated as a specific devise.

A personal representative must swear that the inventory is true and attach the oath to the inventory.

A court may issue a citation in an estate matter to require a person to answer interrogatories or appear under oath, and disobeying the citation may be punished as contempt.

A person cited to answer interrogatories under Section 8870 may be asked those interrogatories, and the interrogatories and answers must be in writing, signed under penalty of perjury, and filed with the court.

If the petition’s allegations are true, the court may order disclosure of facts to the personal representative. If they are not true, the court may charge the person’s necessary expenses, including a reasonable attorney’s fee, against the petitioner or the estate.

If the personal representative petitions, the court may issue a citation to a person in possession or control of estate property, requiring an oath account of the property and related actions.

The Judicial Council must calculate and publish updated dollar amounts on the schedule in this section, using the specified CPI-based formula; the adjustment does not apply if the decedent died before the adjustment date.

Property in the inventory must be appraised by the personal representative, a probate referee, or an independent expert, as this chapter provides.

The personal representative must appraise certain estate property, except items the representative believes have a fair market value different from face value.

The personal representative must give the inventory and supporting data to the court-designated probate referee, and the probate referee must appraise the remaining property, unless another statute provides otherwise.

The court may waive probate-referee appraisal for good cause, and the personal representative can apply for that waiver subject to notice and timing rules.

A personal representative may choose an independent expert to appraise certain unusual or special tangible personal property, and must note that choice on the inventory delivered to the probate referee.

A property appraiser must sign the appraisal and swear an oath that the appraisal was made truly, honestly, and impartially to the best of the appraiser’s ability.

A personal representative or interested person may object to an appraisal in writing before the final distribution hearing; the clerk must set a hearing date at least 15 days after filing, and the objector must give notice and a copy of the objection.

The personal representative and the personal representative’s attorney are not entitled to compensation for extraordinary services for appraising estate property.

A probate referee must provide appraisal reports or backup data on demand, may not disclose legally confidential information, and must justify a contested appraisal.

A probate referee must keep appraisal reports and backup data for three years after the appraisal is filed, and must offer and provide them to the personal representative on request during that period.

When the court designates a probate referee, that referee must be one appointed by the Controller for the county; in limited cases, the court may choose a referee from another county.

The court may appoint a probate referee requested by the personal representative if the personal representative shows good cause.

The court may decide not to designate a particular person as probate referee, even if the Controller has appointed that person for the county.

The court may not appoint certain people as probate referees.

The court must remove the designated probate referee in listed situations, and the personal representative can remove the first court-designated probate referee without showing cause before delivering the inventory.

The probate referee must appraise scheduled property promptly and, within 60 days after receiving the inventory, either return the completed appraisal or file a status report.

The court may hear appraisal-status reports, require attendance at the hearing, and order the appraisal completed or the probate referee removed.

Probate referee commission and expenses must be paid from the estate, and the referee may not hold back the appraisal while waiting for payment.

The probate referee must receive a 0.1% commission on the total value of property appraised for each estate, plus actual and necessary expenses.

The probate referee’s commission must stay between $75 and $10,000 for any estate appraised, unless the court allows more under specified conditions.

If multiple probate referees work on an appraisal, each gets an agreed share of the commission or, if there is no agreement, the court-set share. The total commission for all referees cannot exceed the maximum allowed for one referee.

If an inventory was delivered to a probate referee for appraisal before July 1, 1989, the appraisal-related matters are governed by the law in effect before that date, not this chapter.

For interpretation, the present tense includes the past and future, and the future tense includes the present.

This section defines “claim” and “creditor” for probate estate creditor-claim rules.

Certain notice filings count as notice to creditors under this part, and that rule does not affect notices or requests to a public entity required by Chapter 5.

Claims must be filed in the manner and within the time set by this part, unless another statute provides otherwise.

A claim established under this part must be included among the debts paid during estate administration.

This part does not apply to estate administration proceedings that started before July 1, 1988.

A personal representative must give notice of estate administration to known or reasonably ascertainable creditors, subject to Section 9054.

The notice must be given by the later of two deadlines: four months after letters are first issued, or 30 days after the personal representative first learns of the creditor.

Creditors must file a claim with the court and give a copy to the personal representative within the stated deadline, or seek permission to file a late claim.

A personal representative is protected from liability when giving notice based on a good-faith belief notice may be required, and is generally not liable for failing to give required notice unless the creditor proves the listed conditions. The section also imposes a duty to make reasonably diligent efforts to identify reasonably ascertainable creditors.

A personal representative does not have to give notice to a creditor, even if the representative knows about the creditor, if either specified condition is met.

A creditor must file a claim by the later of two deadlines: four months after letters are first issued to a general personal representative, or 60 days after notice of administration is mailed or personally delivered to the creditor.

A vacancy in the personal representative’s office before the claim-filing deadline does not extend that deadline.

A claim filed before the filing deadline is timely, even if the personal representative or court acts on it after the deadline expires.

The court may let a late creditor claim be filed if the petition meets specified notice- or knowledge-based conditions, but not after final distribution.

A creditor may amend or revise a timely filed claim, but the change must be filed in the same manner as the original claim and cannot increase the claim amount after the filing deadline has passed.

A creditor, or someone acting for the creditor, may file a claim, but the claim must be filed with the court and served on the personal representative.

A creditor’s claim must be backed by an affidavit, and the personal representative may ask for vouchers or other proof.

Claims based on a written instrument must include the original or a copy with endorsements, and a secured recorded lien claim may be described by the lien and recording reference.

A Judicial Council claim form must tell the creditor to file the claim with the court and deliver a copy to the personal representative.

A personal representative may, in limited circumstances, waive formal defects in a creditor’s written demand and treat it as a filed claim by paying the amount demanded on time.

A public entity must file its claim within the time otherwise provided in this part, unless this chapter provides an exception.

A public entity may provide a form for the written notice or request required by this chapter, and a claim is barred only after that notice or request is given and the applicable period expires.

This section requires a general personal representative or estate attorney to send certain death notices to specified state agencies within 90 days after letters are first issued, when the stated conditions are met.

A missing written notice or request under this chapter does not invalidate estate-administration proceedings. If estate property is distributed before a public entity’s claim period ends, the public entity can claim against distributees, up to the lesser of its claim or each distributee’s share, plus interest and related costs.

This section says the chapter does not change the order of priority of claims set by other laws.

This chapter does not apply to restitution liability for amounts illegally acquired through fraud, false or incorrect representations, or forged or unauthorized endorsements.

When a claim is filed, the personal representative must allow or reject it, put the decision in writing, file it with the court clerk, and give the creditor notice with a copy.

If the personal representative lacks authority under the Independent Administration of Estates Act, the clerk must promptly send the claim and allowance to the court or judge, who may examine evidence and must mark the claim approved or rejected with the date.

If a personal representative or the representative’s attorney is a creditor, the clerk must submit the claim to the court or judge. The court or judge may require a petition and hearing notice. If approved, the claim is treated as an established claim for payment; if rejected, the personal representative or attorney may sue the estate.

A claim that is barred by the statute of limitations must not be allowed or approved.

An interested person may contest an allowed or approved claim before the estate report or account is settled. Usually the contestant bears the burden of proof, but if the personal representative acted under the Independent Administration of Estates Act, the personal representative bears that burden instead. Claims established by judgment are excepted.

A personal representative, or the court or judge, may allow or approve a claim in part. A creditor who rejects the allowed amount may sue on the claim, but cannot recover costs unless the creditor wins more than the allowed or approved amount.

If a claim is filed and no action is taken within 30 days, the creditor may treat that inaction as a notice of rejection on day 30.

After the decedent dies, money judgments against the decedent or the personal representative are paid through estate administration and generally cannot be enforced against estate property, except as provided in Section 9303.

A final money judgment against a personal representative in a representative capacity conclusively establishes the claim for the amount of the judgment.

Some judgments about possession or sale of property can still be enforced after the decedent’s death, but only against the property described in the judgment. Unpaid money demands tied to a judgment for sale must be filed as claims and are paid during estate administration.

If a decedent’s property is under an execution lien when the decedent dies, enforcement may continue under the Enforcement of Judgments Law; any surplus must be accounted for to the personal representative.

This section lets an attachment lien be turned into a judgment lien if the listed steps are completed on time, and it lets certain family members claim an exemption after the decedent’s death.

This article applies to claims unless the claim is on an action or proceeding already pending against the decedent when the decedent died.

An action cannot be started against a decedent’s personal representative on a claim against the decedent unless a claim is first filed and then rejected, in whole or in part.

Filing a claim, or a petition to file a claim under Section 9103, pauses the limitations period until the claim is allowed, approved, or rejected.

A creditor with a rejected claim must act within 90 days or the rejected part is barred.

An action on a claim may be brought in the county where the decedent’s estate proceeding is pending, and the plaintiff must file notice with the estate clerk and give notice to the personal representative. Prior distributions or payments made before notice are not subject to the claim, and the prevailing party may recover costs and sometimes attorney’s fees.

A pending action against a decedent cannot continue against the personal representative unless a claim is filed and rejected, and the plaintiff timely seeks substitution. Recovery from estate property also requires proof of compliance.

Some actions about a decedent’s liability can proceed without first filing a claim, but actions for damages beyond insurance limits generally cannot. If an insurer wants reimbursement, it must file a claim.

A lienholder on a decedent’s estate property may sue to enforce the lien without first filing a claim, if the complaint waives recourse against other estate property, and subject to Section 10361.

This chapter does not apply to actions started before July 1, 1989, and the pre-July 1, 1989 law still applies to those actions.

A personal representative may exercise the powers and duties in this part without court authorization, instruction, approval, or confirmation, unless this part specifically requires it.

The court may, on the personal representative’s petition and where no other statute provides a procedure, authorize or instruct the personal representative and approve or confirm the representative’s acts concerning the estate. Notice of the hearing must be given as required by Section 1220.

A court may order a personal representative to act or not act concerning an estate if an interested person petitions and shows the estate would suffer great or irreparable injury without the order.

The court may suspend a personal representative’s powers or make other orders if an interested person petitions and the court sees a risk of unreasonable harm to the petitioner’s interest.

If an estate dispute exists between a personal representative and a third person, they may agree in writing to have a temporary judge or, in another form, a judge decide the dispute.

A personal representative may agree in writing with a third person to arbitrate an estate dispute, but the agreement is effective only if the court first approves it and the approved copy is filed with the court.

Joint personal representatives must act together to exercise a power, with special rules if one is unavailable and court options to authorize the others.

When there is more than one personal representative, one is generally not liable for another’s fiduciary breach unless subdivision (b) applies.

This section says Part 5 does not limit a personal representative’s authority under the Independent Administration of Estates Act to administer the estate under that act.

Earlier probate matters generally continue under this part, but the court can switch to earlier law if applying this part would substantially interfere with rights. Orders, judgments, decrees, and actions made before July 1, 1988 are preserved.

The personal representative must take control of estate property, collect debts, pay taxes, and preserve the estate, and may require a person holding property to surrender it on request.

A personal representative who good-faith takes possession of property believed to be part of the estate is protected from civil and criminal liability, must try to determine title, and must return property and proceeds if it is later found not to belong to the estate.

A personal representative must keep cash in hand invested in interest-bearing accounts or other lawful investments, unless an exception applies.

If a creditor applies and the estate lacks enough assets to pay creditors, the personal representative must sue to recover certain property transferred by the decedent.

Heirs or devisees may bring an action for possession of property or to quiet title, either on their own or with the personal representative, but not against the personal representative.

A personal representative may vote, give proxies, waive meeting notice, consent to meetings, and approve actions for certain estate-held corporate or membership interests.

A personal representative may insure estate property and may also insure themself against liability to third parties.

A personal representative must not make a profit from increases in estate property or suffer losses from its decrease or destruction unless the loss happened without the representative’s fault.

A personal representative may deposit estate money in an insured account at a financial institution in this state.

A personal representative may deposit estate personal property with a trust company for safekeeping.

A trust company serving as a personal representative may deposit estate securities in a securities depository; a trust company may also do so after receiving securities under Section 9701; and the securities depository may hold the securities as authorized by Section 1612 of the Financial Code.

The court may order estate money or personal property deposited with a financial institution or trust company, the personal representative must give the institution a copy of the order when the deposit is made, and the institution is not treated as on notice unless it has actual notice.

If a distribution order is made for deposited money or personal property, the financial institution, trust company, or securities depository may deliver the property directly to the distributees and must file receipts with the clerk.

A trust company acting as a personal representative may keep estate cash in a non-interest checking account if that helps the estate, but otherwise interest is charged on estate money deposited in its own department at the local bank rate.

The personal representative may invest estate money while the estate is pending distribution.

The court may order estate money invested in U.S. or California securities if doing so benefits the estate while distribution is pending.

A court may let estate money held by the personal representative be invested under the will if listed conditions are met, and the petitioner must give required notice and file a petition.

The court may order the personal representative to buy an annuity, if good cause is shown and the request is made during estate distribution or at final distribution.

A personal representative may exercise an estate option only after court authorization, and may use estate funds or property to buy the covered property.

A personal representative may buy securities or commodities to complete an unfinished sale contract after court authorization, and the court must set the purchase terms.