Probate Code — Part 13 | PROB — United States — California law | Esheria

Probate Code

Part 13 of 14 · provisions 2,401–2,600

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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. 8421.

    ## 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 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.

    ## 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. ) ## 8421. If a person is not named as executor in a will but it appears by the terms of the will that the testator intended to commit the execution of the will and the administration of the estate to the person, the person is entitled to appointment as personal representative in the same manner as if named as executor. (Enacted by Stats. 1990, Ch. 79.)
  2. 8422.

    ## 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 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.

    ## 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. ) ## 8422. (a) The testator may by will confer on a person the power to designate an executor or coexecutor, or successor executor or coexecutor. The will may provide that the persons so designated may serve without bond. (b) A designation shall be in writing and filed with the court. Unless the will provides otherwise, if there are two or more holders of the power to designate, the designation shall be unanimous, unless one of the holders of the power is unable or unwilling to act, in which case the remaining holder or holders may exercise the power. (c) Except as provided in this section, an executor does not have authority to name a coexecutor, or a successor executor or coexecutor. (Enacted by Stats. 1990, Ch. 79.)
  3. 8423.

    ## 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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    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.

    ## 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. ) ## 8423. If the executor named in the will is a trust company that has sold its business and assets to, has consolidated or merged with, or is in any manner provided by law succeeded by, another trust company, the court may, and to the extent required by the Banking Law (Division 1 (commencing with Section 99) of the Financial Code) shall, appoint the successor trust company as executor. (Enacted by Stats. 1990, Ch. 79.)
  4. 8424.

    ## 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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    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.

    ## 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. ) ## 8424. (a) If a person named as executor is under the age of majority and there is another person named as executor, the other person may be appointed and may administer the estate until the majority of the minor, who may then be appointed as coexecutor. (b) If a person named as executor is under the age of majority and there is no other person named as executor, another person may be appointed as personal representative, but the court may revoke the appointment on the majority of the minor, who may then be appointed as executor. (Enacted by Stats. 1990, Ch. 79.)
  5. 8425.

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

    ## 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. ) ## 8425. If the court does not appoint all the persons named in the will as executors, those appointed have the same authority to act in every respect as all would have if appointed. (Enacted by Stats. 1990, Ch. 79.)
  6. 8440.

    ## 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 3. Administrators With the Will Annexed [8440 - 8442] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## 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 3. Administrators With the Will Annexed [8440 - 8442] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8440. An administrator with the will annexed shall be appointed as personal representative if no executor is named in the will or if the sole executor or all the executors named in the will have waived the right to appointment or are for any reason unwilling or unable to act. (Enacted by Stats. 1990, Ch. 79.)
  7. 8441.

    ## 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 3. Administrators With the Will Annexed [8440 - 8442] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## 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 3. Administrators With the Will Annexed [8440 - 8442] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8441. (a) Except as provided in subdivision (b), persons and their nominees are entitled to appointment as administrator with the will annexed in the same order of priority as for appointment of an administrator. (b) A person who takes under the will has priority over a person who does not, but the court in its discretion may give priority to a person who does not take under the will if the person is entitled to a statutory interest that is a substantially greater portion of the estate than the devise to the person who takes under the will and the priority appears appropriate under the circumstances. A person who takes more than 50 percent of the value of the estate under the will or the person’s nominee, or the nominee of several persons who together take more than 50 percent of the value of the estate under the will, has priority over other persons who take under the will. (Enacted by Stats. 1990, Ch. 79.)
  8. 8442.

    ## 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 3. Administrators With the Will Annexed [8440 - 8442] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## 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 3. Administrators With the Will Annexed [8440 - 8442] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8442. (a) Subject to subdivision (b), an administrator with the will annexed has the same authority over the decedent’s estate as an executor named in the will would have. (b) If the will confers a discretionary power or authority on an executor that is not conferred by law and the will does not extend the power or authority to other personal representatives, the power or authority shall not be deemed to be conferred on an administrator with the will annexed, but the court in its discretion may authorize the exercise of the power or authority. (Enacted by Stats. 1990, Ch. 79.)
  9. 8460.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8460. (a) If the decedent dies intestate, the court shall appoint an administrator as personal representative. (b) The court may appoint one or more persons as administrator. (Enacted by Stats. 1990, Ch. 79.)
  10. 8461.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    People in listed family or related categories have priority to be appointed administrator of the decedent’s estate, subject to 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 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8461. Subject to the provisions of this article, a person in the following relation to the decedent is entitled to appointment as administrator in the following order of priority: (a) Surviving spouse or domestic partner as defined in Section 37. (b) Children. (c) Grandchildren. (d) Other issue. (e) Parents. (f) Brothers and sisters. (g) Issue of brothers and sisters. (h) Grandparents. (i) Issue of grandparents. (j) Children of a predeceased spouse or domestic partner. (k) Other issue of a predeceased spouse or domestic partner. (l) Other next of kin. (m) Parents of a predeceased spouse or domestic partner. (n) Issue of parents of a predeceased spouse or domestic partner. (o) Conservator or guardian of the estate acting in that capacity at the time of death who has filed a first account and is not acting as conservator or guardian for any other person. (p) Public administrator. (q) Creditors. (r) Any other person. (Amended by Stats. 2001, Ch. 893, Sec. 53. Effective January 1, 2002.)
  11. 8462.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8462. The surviving spouse or domestic partner of the decedent, a relative of the decedent, or a relative of a predeceased spouse or domestic partner of the decedent, has priority under Section 8461 only if one of the following conditions is satisfied: (a) The surviving spouse, domestic partner, or relative is entitled to succeed to all or part of the estate. (b) The surviving spouse, domestic partner, or relative either takes under the will of, or is entitled to succeed to all or part of the estate of, another deceased person who is entitled to succeed to all or part of the estate of the decedent. (Amended by Stats. 2001, Ch. 893, Sec. 54. Effective January 1, 2002.)
  12. 8463.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8463. If the surviving spouse is a party to an action for separate maintenance, annulment, or dissolution of the marriage of the decedent and the surviving spouse, and was living apart from the decedent on the date of the decedent’s death, the surviving spouse has priority next after brothers and sisters and not the priority prescribed in Section 8461. (Enacted by Stats. 1990, Ch. 79.)
  13. 8464.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8464. If a person otherwise entitled to appointment as administrator is a person under the age of majority or a person for whom a guardian or conservator of the estate has been appointed, the court in its discretion may appoint the guardian or conservator or another person entitled to appointment. (Enacted by Stats. 1990, Ch. 79.)
  14. 8465.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    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).

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8465. (a) The court may appoint as administrator a person nominated by any of the following persons: (1) A person otherwise entitled to appointment. (2) A person who would otherwise be entitled for appointment but who is ineligible for appointment under paragraph (4) of subdivision (a) of Section 8402 because he or she is not a resident of the United States. (3) The guardian or conservator of the estate of a person otherwise entitled to appointment. The nomination shall be made in writing and filed with the court. (b) If a person making a nomination for appointment of an administrator is the surviving spouse or domestic partner, child, grandchild, other issue, parent, brother or sister, or grandparent of the decedent, the nominee has priority next after those in the class of the person making the nomination. (c) If a person making a nomination for appointment of an administrator is other than a person described in subdivision (b), the court in its discretion may appoint either the nominee or a person of a class lower in priority to that of the person making the nomination, but other persons of the class of the person making the nomination have priority over the nominee. (d) If a person making a nomination for appointment of an administrator is a person described in paragraph (2) of subdivision (a), the court shall not appoint a nominee who is not a California resident to act as administrator. For California residents nominated under paragraph (2) of subdivision (a), the court shall consider whether the nominee is capable of faithfully executing the duties of the office. The court may in its discretion deny the appointment and appoint another person. In determining whether to appoint the nominee, the factors the court may consider include, but are not limited to, the following: (1) Whether the nominee has a conflict of interest with the heirs or any other interested party. (2) Whether the nominee had a business or personal relationship with the decedent or decedent’s family before the decedent’s death. (3) Whether the nominee is engaged in or acting on behalf of an individual, a business, or other entity that solicits heirs to obtain the person’s nomination for appointment as administrator. (4) Whether the nominee has been appointed as a personal representative in any other estate. (e) If the court decides to appoint a nominee under the circumstances described in subdivision (d), the court shall require the nominee to obtain bond, unless the court orders otherwise for good cause. Any order for good cause must be supported by specific findings of fact, and shall consider the need for the protection of creditors, heirs, and any other interested parties. Before waiving a bond, the court shall consider all other alternatives, including, but not limited to, the deposit of property in the estate pursuant to Chapter 3 (commencing with Section 9700) of Part 5 on the condition that the property, including any earnings thereon, will not be withdrawn except on authorization of the court. The waiver of all of the heirs of the requirement of a bond shall not constitute good cause. (f) If the appointed nominee ceases to be a California resident following his or her appointment, he or she shall be deemed to have resigned as administrator for the purposes of Article 7 (commencing with Section 8520). The court shall not lose jurisdiction of the proceeding by any resignation under this subdivision. (g) By accepting appointment as personal representative, the nominee shall submit personally to the jurisdiction of the court. (Amended (as amended by Stats. 2012, Ch. 635, Sec. 1) by Stats. 2015, Ch. 54, Sec. 1. (AB 548) Effective January 1, 2016.)
  15. 8466.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8466. If a person whose only priority is that of a creditor claims appointment as administrator, the court in its discretion may deny the appointment and appoint another person. (Enacted by Stats. 1990, Ch. 79.)
  16. 8467.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8467. If several persons have equal priority for appointment as administrator, the court may appoint one or more of them, or if such persons are unable to agree, the court may appoint the public administrator or a disinterested person in the same or the next lower class of priority as the persons who are unable to agree. (Enacted by Stats. 1990, Ch. 79.)
  17. 8468.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If people with priority do not seek appointment as administrator, the court may appoint any person who 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 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8468. If persons having priority fail to claim appointment as administrator, the court may appoint any person who claims appointment. (Enacted by Stats. 1990, Ch. 79.)
  18. 8469.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 4. Administrators [8460 - 8469] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8469. (a) For good cause, the court may allow the priority given by Section 8461 to a conservator or guardian of the estate of the decedent serving in that capacity at the time of death that has not filed a first account, or that is acting as guardian or conservator for another person, or both. (b) If the petition for appointment as administrator requests the court to allow the priority permitted by subdivision (a), the petitioner shall, in addition to the notice otherwise required by statute, deliver notice of the hearing pursuant to Section 1215 to the public administrator. (Amended by Stats. 2017, Ch. 319, Sec. 68. (AB 976) Effective January 1, 2018.)
  19. 8480.

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 8480. (a) Except as otherwise provided by statute, every person appointed as personal representative shall, before letters are issued, give a bond approved by the court. If two or more persons are appointed, the court may require either a separate bond from each or a joint and several bond. If a joint bond is furnished, the liability on the bond is joint and several. (b) The bond shall be for the benefit of interested persons and shall be conditioned on the personal representative’s faithful execution of the duties of the office according to law. (c) If the person appointed as personal representative fails to give the required bond, letters shall not be issued. If the person appointed as personal representative fails to give a new, additional, or supplemental bond, or to substitute a sufficient surety, under court order, the person may be removed from office. (Amended by Stats. 1998, Ch. 77, Sec. 3. Effective January 1, 1999.)
  20. 8481.

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 8481. (a) A bond is not required in either of the following cases: (1) The will waives the requirement of a bond. (2) All beneficiaries waive in writing the requirement of a bond and the written waivers are attached to the petition for appointment of a personal representative. This paragraph does not apply if the will requires a bond. (b) Notwithstanding the waiver of a bond by a will or by all the beneficiaries, on petition of any interested person or on its own motion, the court may for good cause require that a bond be given, either before or after issuance of letters. (Enacted by Stats. 1990, Ch. 79.)
  21. 8482.

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 8482. (a) The court in its discretion may fix the amount of the bond, but the amount of the bond shall be not more than the sum of: (1) The estimated value of the personal property. (2) The probable annual gross income of the estate. (3) If independent administration is granted as to real property, the estimated value of the decedent’s interest in the real property. (b) Notwithstanding subdivision (a), if the bond is given by an admitted surety insurer, the court may establish a fixed minimum amount for the bond, based on the minimum premium required by the admitted surety insurer. (c) If the bond is given by personal sureties, the amount of the bond shall be twice the amount fixed by the court under subdivision (a). (d) Before confirming a sale of real property the court shall require such additional bond as may be proper, not exceeding the maximum requirements of this section, treating the expected proceeds of the sale as personal property. (Enacted by Stats. 1990, Ch. 79.)
  22. 8483.

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 8483. (a) This section applies where property in the estate has been deposited pursuant to Chapter 3 (commencing with Section 9700) of Part 5 on condition that the property, including any earnings thereon, will not be withdrawn except on authorization of the court. (b) In a proceeding to determine the amount of the bond of the personal representative (whether at the time of appointment or subsequently), on production of a receipt showing the deposit of property of the estate in the manner described in subdivision (a), the court may order that the property shall not be withdrawn except on authorization of the court and may, in its discretion, do either of the following: (1) Exclude the property in determining the amount of the required bond or reduce the amount of the bond to an amount the court determines is reasonable. (2) If a bond has already been given or the amount fixed, reduce the amount to an amount the court determines is reasonable. (Enacted by Stats. 1990, Ch. 79.)
  23. 8484.

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 8484. If a personal representative petitions to have the amount of the bond reduced, the petition shall include an affidavit setting forth the condition of the estate and notice of hearing shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  24. 8485.

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 8485. A personal representative who petitions for substitution or release of a surety shall file with the petition an account in the form provided in Section 10900. The court shall not order a substitution or release unless the account is approved. (Enacted by Stats. 1990, Ch. 79.)
  25. 8486.

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 8486. The personal representative shall be allowed the reasonable cost of the bond for every year it remains in force. (Enacted by Stats. 1990, Ch. 79.)
  26. 8487.

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 8487. The provisions of the Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure) apply to a bond given under this division, except to the extent this division is inconsistent. (Enacted by Stats. 1990, Ch. 79.)
  27. 8488.

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 5. Bond [8480 - 8488] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 8488. (a) In case of a breach of a condition of the bond, an action may be brought against the sureties on the bond for the use and benefit of the decedent’s estate or of any person interested in the estate. (b) No action may be maintained against the sureties on the bond of the personal representative unless commenced within four years from the discharge or removal of the personal representative or within four years from the date the order surcharging the personal representative becomes final, whichever is later. (c) In any case, and notwithstanding subdivision (c) of Section 7250, no action may be maintained against the sureties on the bond unless commenced within six years from the date the judgment under Section 7250 or the later of the orders under subdivision (b) of this section becomes final. (Amended by Stats. 1994, Ch. 806, Sec. 27. Effective January 1, 1995.)
  28. 850.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. ) ## 850. (a) The following persons may file a petition requesting that the court make an order under this part: (1) A guardian, conservator, or any claimant, in the following cases: (A) Where the conservatee is bound by a contract in writing to convey real property or to transfer personal property, executed by the conservatee while competent or executed by the conservatee’s predecessor in interest, and the contract is one that can be specifically enforced. (B) Where the minor has succeeded to the interest of a person bound by a contract in writing to convey real property or to transfer personal property, and the contract is one that can be specifically enforced. (C) Where the guardian or conservator or the minor or conservatee is in possession of, or holds title to, real or personal property, and the property or some interest therein is claimed to belong to another. (D) Where the minor or conservatee has a claim to real or personal property title to or possession of which is held by another. (2) The personal representative or any interested person in any of the following cases: (A) Where the decedent while living is bound by a contract in writing to convey real property or to transfer personal property and dies before making the conveyance or transfer and the decedent, if living, could have been compelled to make the conveyance or transfer. (B) Where the decedent while living binds himself or herself or his or her personal representative by a contract in writing to convey real property or to transfer personal property upon or after his or her death and the contract is one which can be specifically enforced. (C)Where the decedent died in possession of, or holding title to, real or personal property, and the property or some interest therein is claimed to belong to another. (D) Where the decedent died having a claim to real or personal property, title to or possession of which is held by another. (3) The trustee or any interested person in any of the following cases: (A) Where the trustee is in possession of, or holds title to, real or personal property, and the property, or some interest, is claimed to belong to another. (B) Where the trustee has a claim to real or personal property, title to or possession of which is held by another. (C) Where the property of the trust is claimed to be subject to a creditor of the settlor of the trust. (b) The petition shall set forth facts upon which the claim is based. (Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
  29. 8500.

    ## 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 6. Removal From Office [8500 - 8505] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 6. Removal From Office [8500 - 8505] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 8500. (a) Any interested person may petition for removal of the personal representative from office. A petition for removal may be combined with a petition for appointment of a successor personal representative under Article 7 (commencing with Section 8520). The petition shall state facts showing cause for removal. (b) On a petition for removal, or if the court otherwise has reason to believe from the court’s own knowledge or from other credible information, whether on the settlement of an account or otherwise, that there are grounds for removal, the court shall issue a citation to the personal representative to appear and show cause why the personal representative should not be removed. The court may suspend the powers of the personal representative and may make such orders as are necessary to deal with the property pending the hearing. (c) Any interested person may appear at the hearing and file a written declaration showing that the personal representative should be removed or retained. The personal representative may demur to or answer the declaration. The court may compel the attendance of the personal representative and may compel the personal representative to answer questions, on oath, concerning the administration of the estate. Failure to attend or answer is cause for removal of the personal representative from office. (d) The issues shall be heard and determined by the court. If the court is satisfied from the evidence that the citation has been duly served and cause for removal exists, the court shall remove the personal representative from office. (Enacted by Stats. 1990, Ch. 79.)
  30. 8501.

    ## 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 6. Removal From Office [8500 - 8505] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## 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 6. Removal From Office [8500 - 8505] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 8501. On removal of a personal representative from office, the court shall revoke any letters issued to the personal representative, and the authority of the personal representative ceases. (Enacted by Stats. 1990, Ch. 79.)
  31. 8502.

    ## 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 6. Removal From Office [8500 - 8505] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## 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 6. Removal From Office [8500 - 8505] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 8502. A personal representative may be removed from office for any of the following causes: (a) The personal representative has wasted, embezzled, mismanaged, or committed a fraud on the estate, or is about to do so. (b) The personal representative is incapable of properly executing the duties of the office or is otherwise not qualified for appointment as personal representative. (c) The personal representative has wrongfully neglected the estate, or has long neglected to perform any act as personal representative. (d) Removal is otherwise necessary for protection of the estate or interested persons. (e) Any other cause provided by statute. (Enacted by Stats. 1990, Ch. 79.)
  32. 8503.

    ## 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 6. Removal From Office [8500 - 8505] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## 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 6. Removal From Office [8500 - 8505] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 8503. (a) Subject to subdivision (b), an administrator may be removed from office on the petition of the surviving spouse or a relative of the decedent entitled to succeed to all or part of the estate, or the nominee of the surviving spouse or relative, if such person is higher in priority than the administrator. (b) The court in its discretion may refuse to grant the petition: (1) Where the petition is by a person or the nominee of a person who had actual notice of the proceeding in which the administrator was appointed and an opportunity to contest the appointment. (2) Where to do so would be contrary to the sound administration of the estate. (Enacted by Stats. 1990, Ch. 79.)
  33. 8504.

    ## 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 6. Removal From Office [8500 - 8505] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative must be removed from office if a will is later admitted to probate after the relevant earlier 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 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Removal From Office [8500 - 8505] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 8504. (a) After appointment of an administrator on the ground of intestacy, the personal representative shall be removed from office on the later admission to probate of a will. (b) After appointment of an executor or administrator with the will annexed, the personal representative shall be removed from office on admission to probate of a later will. (Enacted by Stats. 1990, Ch. 79.)
  34. 8505.

    ## 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 6. Removal From Office [8500 - 8505] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 6. Removal From Office [8500 - 8505] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 8505. (a) A personal representative may be removed from office if the personal representative is found in contempt for disobeying an order of the court. (b) Notwithstanding any other provision of this article, a personal representative may be removed from office under this section by a court order reciting the facts and without further showing or notice. (Enacted by Stats. 1990, Ch. 79.)
  35. 851.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. ) ## 851. (a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on all of the following persons where applicable: (1) The personal representative, conservator, guardian, or trustee as appropriate. (2) Each person claiming an interest in, or having title to or possession of, the property. (b) Except for those persons given notice pursuant to subdivision (a), notice of the hearing, together with a copy of the petition, shall be given as provided in Section 1220 if the matter concerns a decedent estate, as provided in Section 1460 if the matter concerns a conservatorship or guardianship, or as provided in Section 17203 if the matter concerns a trust to all of the following persons: (1) Each person listed in Section 1220 along with any heir or devisee whose interest in the property may be affected by the petition if the matter concerns a decedent estate. (2) Each person listed in Section 1460 if the matter concerns a conservatorship or guardianship. (3) Each person listed in Section 17203 if the matter concerns a trust. (c) A notice of hearing shall contain all of the following: (1) A description of the subject property sufficient to provide adequate notice to any party who may have an interest in the property. For real property, the notice shall state the street address or, if none, a description of the property’s location and assessor’s parcel number. (2) If the petition seeks relief pursuant to Section 859, a description of the relief sought sufficient to provide adequate notice to the party against whom that relief is requested. (3) A statement advising any person interested in the property that he or she may file a response to the petition. (d) The court may not shorten the time for giving the notice of hearing under this section. (Amended by Stats. 2017, Ch. 32, Sec. 1. (AB 308) Effective January 1, 2018.)
  36. 851.1.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. ) ## 851.1. A petitioner in a proceeding under Section 850 may commence discovery upon any person who receives notice of the hearing pursuant to subdivision (a) of Section 851 in accordance with the same time periods set forth in the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure), except that the time periods shall commence to run upon service of the petition and notice of hearing. Nothing in this section shall alter when a respondent in such a proceeding may commence discovery. (Added by Stats. 2017, Ch. 32, Sec. 2. (AB 308) Effective January 1, 2018.)
  37. 852.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. ) ## 852. An interested person may request time for filing a response to the petition for discovery proceedings, or for other preparation for the hearing, and the court shall grant a continuance for a reasonable time for any of these purposes. (Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
  38. 8520.

    ## 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 7. Changes in Administration [8520 - 8525] ( Article 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A vacancy in a personal representative’s office arises if the representative resigns, dies, is removed under Article 6, or otherwise loses 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 7. Changes in Administration [8520 - 8525] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 8520. A vacancy occurs in the office of a personal representative who resigns, dies, or is removed from office under Article 6 (commencing with Section 8500), or whose authority is otherwise terminated. (Enacted by Stats. 1990, Ch. 79.)
  39. 8521.

    ## 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 7. Changes in Administration [8520 - 8525] ( Article 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 7. Changes in Administration [8520 - 8525] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 8521. (a) Unless the will provides otherwise or the court in its discretion orders otherwise, if a vacancy occurs in the office of fewer than all personal representatives, the remaining personal representatives shall complete the administration of the estate. (b) The court, on the filing of a petition alleging that a vacancy has occurred in the office of fewer than all personal representatives, may order the clerk to issue appropriate amended letters to the remaining personal representatives. (Enacted by Stats. 1990, Ch. 79.)
  40. 8522.

    ## 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 7. Changes in Administration [8520 - 8525] ( Article 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a personal representative position becomes vacant and there are no others, the court must appoint a successor 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 7. Changes in Administration [8520 - 8525] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 8522. (a) If a vacancy occurs in the office of a personal representative and there are no other personal representatives, the court shall appoint a successor personal representative. (b) Appointment of a successor personal representative shall be made on petition and notice shall be delivered to interested persons in the manner provided in Article 2 (commencing with Section 8110) of Chapter 2, and shall be subject to the same priority as for an original appointment of a personal representative. The personal representative of a deceased personal representative is not, as such, entitled to appointment as successor personal representative. (Amended by Stats. 2017, Ch. 319, Sec. 69. (AB 976) Effective January 1, 2018.)
  41. 8523.

    ## 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 7. Changes in Administration [8520 - 8525] ( Article 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 7. Changes in Administration [8520 - 8525] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 8523. The court may make orders that are necessary to deal with the estate of the decedent between the time a vacancy occurs in the office of personal representative and appointment of a successor. Those orders may include appointment of a special administrator. (Enacted by Stats. 1990, Ch. 79.)
  42. 8524.

    ## 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 7. Changes in Administration [8520 - 8525] ( Article 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 7. Changes in Administration [8520 - 8525] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 8524. (a) A successor personal representative is entitled to demand, sue for, recover and collect all the estate of the decedent remaining unadministered, and may prosecute to final judgment any suit commenced by the former personal representative before the vacancy. (b) No notice, process, or claim given to or served on the former personal representative need be given to or served on the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. (c) Except as provided in subdivision (b) of Section 8442 (authority of administrator with will annexed) or as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration that the former personal representative would have had. (Enacted by Stats. 1990, Ch. 79.)
  43. 8525.

    ## 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 7. Changes in Administration [8520 - 8525] ( Article 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 7. Changes in Administration [8520 - 8525] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 8525. (a) The acts of the personal representative before a vacancy occurs are valid to the same extent as if no vacancy had later occurred. (b) The liability of a personal representative whose office is vacant, or of the surety on the bond, is not discharged, released, or affected by the vacancy or by appointment of a successor, but continues until settlement of the accounts of the personal representative and delivery of all the estate of the decedent to the successor personal representative or other person appointed by the court to receive it. The personal representative shall render an account of the administration within the time that the court directs. (Enacted by Stats. 1990, Ch. 79.)
  44. 853.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. ) ## 853. A person having or claiming title to or an interest in the property which is the subject of the petition may, at or prior to the hearing, object to the hearing of the petition if the petition is filed in a court which is not the proper court under any other provision of law for the trial of a civil action seeking the same relief and, if the objection is established, the court shall not grant the petition. (Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
  45. 854.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. ) ## 854. If a civil action is pending with respect to the subject matter of a petition filed pursuant to this chapter this part and jurisdiction has been obtained in the court where the civil action is pending prior to the filing of the petition, upon request of any party to the civil action, the court shall abate the petition until the conclusion of the civil action. This section shall not apply if the court finds that the civil action was filed for the purpose of delay. (Amended by Stats. 2023, Ch. 131, Sec. 166. (AB 1754) Effective January 1, 2024.)
  46. 8540.

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 8540. (a) If the circumstances of the estate require the immediate appointment of a personal representative, the court may appoint a special administrator to exercise any powers that may be appropriate under the circumstances for the preservation of the estate. (b) The appointment may be for a specified term, to perform particular acts, or on any other terms specified in the court order. (Enacted by Stats. 1990, Ch. 79.)
  47. 8541.

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 8541. (a) Appointment of a special administrator may be made at any time without notice or on such notice to interested persons as the court deems reasonable. (b) In making the appointment, the court shall ordinarily give preference to the person entitled to appointment as personal representative. The court may appoint the public administrator. (c) In the case of an appointment to perform a particular act, request for approval of the act may be included in the petition for appointment, and approval may be made on the same notice and at the same time as the appointment. (d) The court may act, if necessary, to remedy any errors made in the appointment. (Enacted by Stats. 1990, Ch. 79.)
  48. 8542.

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 8542. (a) The clerk shall issue letters to the special administrator after both of the following conditions are satisfied: (1) The special administrator gives any bond that may be required by the court under Section 8480. (2) The special administrator takes the usual oath attached to or endorsed on the letters. (b) Subdivision (a) does not apply to the public administrator. (c) The letters of a special administrator appointed to perform a particular act shall include a notation of the particular act the special administrator was appointed to perform. (Enacted by Stats. 1990, Ch. 79.)
  49. 8543.

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 8543. Subject to subdivision (b) of Section 8481, the court shall direct that no bond be given in either of the following cases: (a) The will waives the requirement of a bond and the person named as executor in the will is appointed special administrator. (b) All beneficiaries waive in writing the requirement of a bond and the written waivers are attached to the petition for appointment of the special administrator. This paragraph does not apply if the will requires a bond. (Enacted by Stats. 1990, Ch. 79.)
  50. 8544.

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 8544. (a) Except to the extent the order appointing a special administrator prescribes terms, the special administrator has the power to do all of the following without further order of the court: (1) Take possession of all of the real and personal property of the estate of the decedent and preserve it from damage, waste, and injury. (2) Collect all claims, rents, and other income belonging to the estate. (3) Commence and maintain or defend suits and other legal proceedings. (4) Sell perishable property. (b) Except to the extent the order prescribes terms, the special administrator has the power to do all of the following on order of the court: (1) Borrow money, or lease, mortgage, or execute a deed of trust on real property, in the same manner as an administrator. (2) Pay the interest due or all or any part of an obligation secured by a mortgage, lien, or deed of trust on property in the estate, where there is danger that the holder of the security may enforce or foreclose on the obligation and the property exceeds in value the amount of the obligation. This power may be ordered only on petition of the special administrator or any interested person, with any notice that the court deems proper, and shall remain in effect until appointment of a successor personal representative. The order may also direct that interest not yet accrued be paid as it becomes due, and the order shall remain in effect and cover the future interest unless and until for good cause set aside or modified by the court in the same manner as for the original order. (3) Exercise other powers that are conferred by order of the court. (c) Except where the powers, duties, and obligations of a general personal representative are granted under Section 8545, the special administrator is not a proper party to an action on a claim against the decedent. (d) A special administrator appointed to perform a particular act has no duty to take any other action to protect the estate. (Enacted by Stats. 1990, Ch. 79.)
  51. 8545.

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 8545. (a) Notwithstanding Section 8544, the court may grant a special administrator the same powers, duties, and obligations as a general personal representative where to do so appears proper. Notwithstanding Section 8541, if letters have not previously been issued to a general personal representative, the grant shall be on the same notice required under Section 8003 for appointment of a personal representative, unless the appointment is made at a hearing on a petition for appointment of a general personal representative and the notice of that petition required under Section 8003 has been given. (b) Subject to Section 8543, the court may require as a condition of the grant that the special administrator give any additional bond that the court deems proper. From the time of approving and filing any required additional bond, the special administrator shall have the powers, duties, and obligations of a general personal representative. (c) If a grant is made under this section, the letters shall recite that the special administrator has the powers, duties, and obligations of a general personal representative. (Amended by Stats. 1994, Ch. 806, Sec. 28. Effective January 1, 1995.)
  52. 8546.

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 8546. (a) The powers of a special administrator cease on issuance of letters to a general personal representative or as otherwise directed by the court. (b) The special administrator shall promptly deliver to the general personal representative: (1) All property of the estate in the possession of the special administrator. The court may authorize the special administrator to complete a sale or other transaction affecting property in the possession of the special administrator. (2) A list of all creditor claims of which the special administrator has knowledge. The list shall show the name and address of each creditor, the amount of the claim, and what action has been taken with respect to the claim. A copy of the list shall be filed in the court. (c) The special administrator shall account in the same manner as a general personal representative is required to account. If the same person acts as both special administrator and general personal representative, the account of the special administrator may be combined with the first account of the general personal representative. (Enacted by Stats. 1990, Ch. 79.)
  53. 8547.

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## 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 8. Special Administrators [8540 - 8547] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 8547. (a) Subject to the limitations of this section, the court shall fix the compensation of the special administrator and the compensation of the attorney of the special administrator. (b) The compensation of the special administrator shall not be allowed until the close of administration, unless the general personal representative joins in the petition for allowance of the special administrator’s compensation or the court in its discretion so allows. Compensation for extraordinary services of a special administrator may be allowed on settlement of the final account of the special administrator. The total compensation paid to the special administrator and general personal representative shall not, together, exceed the sums provided in Part 7 (commencing with Section 10800) for compensation for the ordinary and extraordinary services of a personal representative. If the same person does not act as both special administrator and general personal representative, the compensation shall be divided in such proportions as the court determines to be just or as may be agreed to by the special administrator and general personal representative. (c) The total compensation paid to the attorneys both of the special administrator and the general personal representative shall not, together, exceed the sums provided in Part 7 (commencing with Section 10800) as compensation for the ordinary and extraordinary services of attorneys for personal representatives. When the same attorney does not act for both the special administrator and general personal representative, the compensation shall be divided between the attorneys in such proportions as the court determines to be just or as agreed to by the attorneys. (d) Compensation of an attorney for extraordinary services to a special administrator may be awarded in the same manner and subject to the same standards as for extraordinary services to a general personal representative, except that the award of compensation to the attorney may be made on settlement of the final account of the special administrator. (Amended by Stats. 1990, Ch. 710, Sec. 22. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  54. 855.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. ) ## 855. An action brought under this part may include claims, causes of action, or matters that are normally raised in a civil action to the extent that the matters are related factually to the subject matter of a petition filed under this part. (Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
  55. 856.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. ) ## 856. Except as provided in Sections 853 and 854, if the court is satisfied that a conveyance, transfer, or other order should be made, the court shall make an order authorizing and directing the personal representative or other fiduciary, or the person having title to or possession of the property, to execute a conveyance or transfer to the person entitled thereto, or granting other appropriate relief. (Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
  56. 856.5.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. ) ## 856.5. The court may not grant a petition under this chapter if the court determines that the matter should be determined by a civil action. (Added by Stats. 2001, Ch. 417, Sec. 3. Effective January 1, 2002.)
  57. 857.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. ) ## 857. (a) The order is prima facie evidence of the correctness of the proceedings and of the authority of the personal representative or other fiduciary or other person to make the conveyance or transfer. (b) After entry of an order that the personal representative, other fiduciary, or other person execute a conveyance or transfer, the person entitled thereunder has the right to the possession of the property, and the right to hold the property, according to the terms of the order as if the property had been conveyed or transferred in accordance with the terms of the order. (Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
  58. 8570.

    ## 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 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “nonresident personal representative” for 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 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 8570. As used in this article, “nonresident personal representative” means a nonresident of this state appointed as personal representative, or a resident of this state appointed as personal representative who later removes from and resides without this state. (Amended by Stats. 1991, Ch. 1055, Sec. 22.)
  59. 8571.

    ## 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 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## 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 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 8571. Notwithstanding any other provision of this chapter and notwithstanding a waiver of a bond, the court in its discretion may require a nonresident personal representative to give a bond in an amount determined by the court. (Enacted by Stats. 1990, Ch. 79.)
  60. 8572.

    ## 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 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A nonresident personal representative’s acceptance of appointment also appoints the Secretary of State as attorney for service for 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 4. Appointment of Personal Representative [8400 - 8577] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 8572. (a) Acceptance of appointment by a nonresident personal representative is equivalent to and constitutes an irrevocable and binding appointment by the nonresident personal representative of the Secretary of State to be the attorney of the personal representative for the purpose of this article. The appointment of the nonresident personal representative also applies to any personal representative of a deceased nonresident personal representative. (b) All lawful processes, and notices of motion under Section 377.41 of the Code of Civil Procedure, in an action or proceeding against the nonresident personal representative with respect to the estate or founded on or arising out of the acts or omissions of the nonresident personal representative in that capacity may be served on the Secretary of State as the attorney for service of the nonresident personal representative. (Amended by Stats. 1993, Ch. 589, Sec. 129. Effective January 1, 1994.)
  61. 8573.

    ## 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 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 8573. A nonresident personal representative shall sign and file with the court a statement of the permanent address of the nonresident personal representative. If the permanent address is changed, the nonresident personal representative shall promptly file in the same manner a statement of the change of address. (Enacted by Stats. 1990, Ch. 79.)
  62. 8574.

    ## 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 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 8574. (a) Service of process or notice of a motion under Section 377.41 of the Code of Civil Procedure in any action or proceeding against the nonresident personal representative shall be made by delivering to and leaving with the Secretary of State two copies of the summons and complaint or notice of motion and either of the following: (1) A copy of the statement by the nonresident personal representative under Section 8573. (2) If the nonresident personal representative has not filed a statement under Section 8573, a copy of the letters issued to the nonresident personal representative together with a written statement signed by the party or attorney of the party seeking service that sets forth an address for use by the Secretary of State. (b) The Secretary of State shall promptly mail by registered mail one copy of the summons and complaint or notice of motion to the nonresident personal representative at the address shown on the statement delivered to the Secretary of State. (c) Personal service of process, or notice of motion, on the nonresident personal representative wherever found shall be the equivalent of service as provided in this section. (Amended by Stats. 1993, Ch. 589, Sec. 130. Effective January 1, 1994.)
  63. 8575.

    ## 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 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 8575. Proof of compliance with Section 8574 shall be made in the following manner: (a) In the event of service by mail, by certificate of the Secretary of State, under official seal, showing the mailing. The certificate shall be filed with the court from which process issued. (b) In the event of personal service outside this state, by the return of any duly constituted public officer qualified to serve like process, or notice of motion, of and in the jurisdiction where the nonresident personal representative is found, showing the service to have been made. The return shall be attached to the original summons, or notice of motion, and filed with the court from which process issued. (Amended by Stats. 1991, Ch. 1055, Sec. 23.)
  64. 8576.

    ## 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 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## 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 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 8576. (a) Except as provided in this section, service made under Section 8574 has the same legal force and validity as if made personally in this state. (b) A nonresident personal representative served under Section 8574 may appear and answer the complaint within 30 days from the date of service. (c) Notice of motion shall be served on a nonresident personal representative under Section 8574 not less than 30 days before the date of the hearing on the motion. (Enacted by Stats. 1990, Ch. 79.)
  65. 8577.

    ## 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 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## 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 9. Nonresident Personal Representative [8570 - 8577] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 8577. (a) Failure of a nonresident personal representative to comply with Section 8573 is cause for removal from office. (b) Nothing in this section limits the liability of, or the availability of any other remedy against, a nonresident personal representative who is removed from office under this section. (Enacted by Stats. 1990, Ch. 79.)
  66. 858.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. ) ## 858. If a proceeding has been brought under this part by a conservator on behalf of a conservatee, or by a guardian on behalf of a minor, and the conservatee or minor dies during the pendency of the proceeding, the personal representative of the conservatee or minor’s estate or other successor in interest may proceed with the matter and the existing proceeding shall not be dismissed on account of the death of the conservatee or minor. (Amended by Stats. 2004, Ch. 183, Sec. 278. Effective January 1, 2005.)
  67. 859.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 19. CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON [850 - 859] ( Part 19 added by Stats. 2001, Ch. 49, Sec. 1. ) ## 859. If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to a conservatee, a minor, an elder, a dependent adult, a trust, or the estate of a decedent, or has taken, concealed, or disposed of the property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action under this part. In addition, except as otherwise required by law, including Section 15657.5 of the Welfare and Institutions Code, the person may, in the court’s discretion, be liable for reasonable attorney’s fees and costs. The remedies provided in this section shall be in addition to any other remedies available in law to a person authorized to bring an action pursuant to this part. (Amended by Stats. 2013, Ch. 99, Sec. 1. (AB 381) Effective January 1, 2014.)
  68. 86.

    ## 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 “undue influence” means the same as in Section 15610.70 of the Welfare and Institutions 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. ) ## 86. “Undue influence” has the same meaning as defined in Section 15610.70 of the Welfare and Institutions Code. It is the intent of the Legislature that this section supplement the common law meaning of undue influence without superseding or interfering with the operation of that law. (Added by Stats. 2013, Ch. 668, Sec. 1. (AB 140) Effective January 1, 2014.)
  69. 870.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 870. This part shall be known, and may be cited, as the Revised Uniform Fiduciary Access to Digital Assets Act. (Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
  70. 871.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 871. As used in this part, the following terms have the following meanings: (a) “Account” means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (b) “Carries” means engages in the transmission of electronic communications. (c) “Catalogue of electronic communications” means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. (d) “Content of an electronic communication” means information concerning the substance or meaning of the communication, which meets all of the following requirements: (1) Has been sent or received by a user. (2) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public. (3) Is not readily accessible to the public. (e) (1) “Court” means the superior court presiding over the judicial proceedings that have been initiated under this code to administer the estate of the deceased user or, if none, the superior court sitting in the exercise of jurisdiction under this code in the county of the user’s domicile. (2) The court, as defined in this section, shall have exclusive jurisdiction over proceedings brought under this part. (f) “Custodian” means a person who carries, maintains, processes, receives, or stores a digital asset of a user. (g) “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user. (h) (1) “Digital asset” means an electronic record in which an individual has a right or interest. (2) The term “digital asset” does not include an underlying asset or liability unless the asset or liability is itself an electronic record. (i) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (j) “Electronic communication” has the same meaning as the definition in Section 2510(12) of Title 18 of the United States Code. (k) “Electronic communication service” means a custodian who provides to a user the ability to send or receive an electronic communication. (l) “Fiduciary” means an original, additional, or successor personal representative, conservator, agent, or trustee. (m) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or other items with like characteristics. (n) “Online tool” means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. (o) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (p) “Personal representative” means an executor, administrator, special administrator, or person who performs substantially the same function under any other law. (q) “Power of attorney” means a record that grants an agent authority to act in the place of the principal. (r) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. (s) “Remote-computing service” means a custodian who provides to a user computer processing services or the storage of digital assets by means of an electronic communications system as defined in Section 2510(14) of Title 18 of the United States Code. (t) “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian. (u) (1) “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. (2) The term “trustee” includes a successor trustee. (v) “User” means a person who has an account with a custodian. (w) “Will” includes a codicil, a testamentary instrument that only appoints an executor, or an instrument that revokes or revises a testamentary instrument. (x) “Agent” means an attorney-in-fact granted authority over financial matters under a durable or nondurable power of attorney. (y) (1) “Conservator” means a person appointed by a court to manage the estate of a living individual. (2) The term “conservator” includes a limited conservator. (z) “Conservatee” means an individual for whom a conservator has been appointed. (aa) “Principal” means an individual who grants authority to an agent in a power of attorney. (Amended by Stats. 2024, Ch. 799, Sec. 1. (SB 1458) Effective January 1, 2025.)
  71. 872.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 872. (a) This part shall apply to all of the following: (1) A fiduciary acting under a will executed before, on, or after January 1, 2017. (2) A personal representative acting for a decedent who died before, on, or after January 1, 2017. (3) A trustee acting under a trust created before, on, or after January 1, 2017. (4) A custodian of digital assets for a user if the user resides in this state or resided in this state at the time of the user’s death. (5) A conservator appointed before, on, or after January 1, 2025. (6) A fiduciary acting under a power of attorney executed before, on, or after January 1, 2025. (b) This part does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business. (Amended by Stats. 2024, Ch. 799, Sec. 2. (SB 1458) Effective January 1, 2025.)
  72. 873.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 873. (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record. (b) If a user has not used an online tool to give direction under subdivision (a) or if a custodian has not provided an online tool, a user may allow or prohibit in a will, trust, power of attorney, or other record the disclosure to a fiduciary of some or all of the user’s digital assets, including the contents of electronic communications sent or received by the user. (c) A user’s direction under subdivision (a) or (b) overrides a contrary provision in a terms-of-service agreement. (Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
  73. 874.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 874. (a) This part does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of a user. (b) This part does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate or trust, the fiduciary or designated recipient acts or represents. (c) A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement when the user has not provided any direction that is recognized in Section 873. (Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
  74. 875.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 875. (a) When disclosing the digital assets of a user under this part, the custodian may, in its sole discretion, do any of the following: (1) Grant the fiduciary or designated recipient full access to the user’s account. (2) Grant the fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged. (3) Provide the fiduciary or designated recipient with a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. (b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this part. (c) A custodian need not disclose under this part a digital asset deleted by a user. (d) If a user directs or a fiduciary or designated recipient requests a custodian to disclose under this part some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian, fiduciary, or designated recipient may petition the court for an order to do any of the following: (1) Disclose a subset limited by date of the user’s digital assets. (2) Disclose all of the user’s digital assets to the fiduciary or designated recipient. (3) Disclose none of the user’s digital assets. (4) Disclose all of the user’s digital assets to the court for review in camera. (Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
  75. 876.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 876. If a deceased user consented to or a court directs disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives to the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) A certified copy of the death certificate of the user. (c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order. (d) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications. (e) If requested by the custodian, any of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. (2) Evidence linking the account to the user. (3) An order of the court finding any of the following: (A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1). (B) That disclosure of the content of the user’s electronic communications would not violate Chapter 121 (commencing with Section 2701) of Part 1 of Title 18 of, and Section 222 of Title 47 of, the United States Code, or other applicable law. (C) Unless the user provided direction using an online tool, that the user consented to disclosure of the content of electronic communications. (D) That disclosure of the content of electronic communications of a user is reasonably necessary for estate administration. (Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
  76. 877.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 877. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives to the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) A certified copy of the death certificate of the user. (c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order. (d) If requested by the custodian, any of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. (2) Evidence linking the account to the user. (3) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for estate administration. (4) An order of the court finding either of the following: (A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1). (B) That disclosure of the user’s digital assets is reasonably necessary for estate administration. (Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
  77. 878.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 878. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives to the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) A certified copy of the death certificate of the settlor. (c) A certified copy of the trust instrument, or a certification of trust under Section 18100.5, evidencing the settlor’s consent to disclosure of the content of electronic communications to the trustee. (d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust. (e) If requested by the custodian, any of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account. (2) Evidence linking the account to the trust. (Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
  78. 879.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 879. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, the catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the settlor of the trust is deceased and the trustee gives the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) A certified copy of the death certificate of the settlor. (c) A certified copy of the trust instrument or a certification of trust under Section 18100.5. (d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust. (e) If requested by the custodian, any of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account. (2) Evidence linking the account to the trust. (Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
  79. 879.1.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 879.1. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal, and unless directed otherwise by the principal or the court, a custodian shall disclose the content of electronic communications to the agent if the agent gives the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal. (c) A certification by the agent, under penalty of perjury, that the power of attorney is in effect. (d) If requested by the custodian, either of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account. (2) Evidence linking the account to the principal. (Added by Stats. 2024, Ch. 799, Sec. 3. (SB 1458) Effective January 1, 2025.)
  80. 879.2.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 879.2. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) An original or copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal. (c) A certification by the agent, under penalty of perjury, that the power of attorney is in effect. (d) If requested by the custodian, either of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account. (2) Evidence linking the account to the principal. (Added by Stats. 2024, Ch. 799, Sec. 4. (SB 1458) Effective January 1, 2025.)
  81. 879.3.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 879.3. (a) After a noticed hearing, the court may grant a conservator access to the digital assets of a conservatee. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a conservatee and digital assets, other than the content of electronic communications, in which the conservatee has a right or interest if the conservator gives the custodian all of the following: (1) A written request for disclosure in physical or electronic form. (2) A certified copy of the court order that gives the conservator authority over the digital assets of the conservatee. (3) If requested by the custodian, either of the following: (A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the conservatee. (B) Evidence linking the account to the conservatee. (c) The provisions of this part are subject to Sections 2351 and 2351.5. (Added by Stats. 2024, Ch. 799, Sec. 5. (SB 1458) Effective January 1, 2025.)
  82. 88.

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

    ## 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. ) ## 88. “Will” includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. (Enacted by Stats. 1990, Ch. 79.)
  83. 880.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 880. (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following: (1) The duty of care. (2) The duty of loyalty. (3) The duty of confidentiality. (b) All of the following shall apply to a fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: (1) Except as otherwise provided in Section 873, a fiduciary’s or designated recipient’s authority is subject to the applicable terms-of-service agreement. (2) A fiduciary’s or designated recipient’s authority is subject to other applicable law, including copyright law. (3) A fiduciary’s authority is limited by the scope of the fiduciary’s duties. (4) A fiduciary’s or designated recipient’s authority may not be used to impersonate the user. (c) (1) A fiduciary with authority over the property of a decedent or settlor has the right of access to any digital asset in which the decedent or settlor had a right or interest that is not held by a custodian or subject to a terms-of-service agreement. (2) This subdivision does not require a custodian to share passwords or decrypt protected devices. (d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, conservatee, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws. (e) The following shall apply to a fiduciary with authority over the tangible, personal property of a decedent, conservatee, principal, or settlor: (1) (A) The fiduciary has the right to access the property and any digital asset stored in it. (B) This subdivision does not require a custodian to share passwords or decrypt protected devices. (2) The fiduciary is an authorized user for purposes of any applicable computer-fraud and unauthorized-computer-access laws. (f) A custodian may disclose information in an account to a fiduciary of the user if the information is required to terminate an account used to access digital assets licensed to the user. (g) A fiduciary of a user, or an affiant acting under Section 13101 with respect to a deceased user, may request a custodian to terminate the user’s account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by all of the following: (1) (A) If the user is deceased, a certified copy of the death certificate of the user. (B) If the user is a conservatee, a court order authorizing the conservator to request termination of the user’s account. (2) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, a court order, a power of attorney, a certified copy of the trust instrument, or a certification of the trust under Section 18100.5 giving the fiduciary authority over the account. (3) If requested by the custodian, any of the following: (A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. (B) Evidence linking the account to the user. (C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A). (Amended by Stats. 2024, Ch. 799, Sec. 6. (SB 1458) Effective January 1, 2025.)
  84. 8800.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [8800 - 8804] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [8800 - 8804] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 8800. (a) The personal representative shall file with the court clerk an inventory of property to be administered in the decedent’s estate together with an appraisal of property in the inventory. An inventory and appraisal shall be combined in a single document. (b) The inventory and appraisal shall be filed within four months after letters are first issued to a general personal representative. The court may allow such further time for filing an inventory and appraisal as is reasonable under the circumstances of the particular case. (c) The personal representative may file partial inventories and appraisals where appropriate under the circumstances of the particular case, but all inventories and appraisals shall be filed before expiration of the time allowed under subdivision (b). (d) Concurrent with the filing of the inventory and appraisal pursuant to this section, the personal representative shall also file a certification that the requirements of Section 480 of the Revenue and Taxation Code either: (1) Are not applicable because the decedent owned no real property in California at the time of death. (2) Have been satisfied by the filing of a change in ownership statement with the county recorder or assessor of each county in California in which the decedent owned property at the time of death. (Amended by Stats. 1992, Ch. 1180, Sec. 1. Effective January 1, 1993.)
  85. 8801.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [8800 - 8804] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [8800 - 8804] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 8801. If the personal representative acquires knowledge of property to be administered in the decedent’s estate that is not included in a prior inventory and appraisal, the personal representative shall file a supplemental inventory and appraisal of the property in the manner prescribed for an original inventory and appraisal. The supplemental inventory and appraisal shall be filed within four months after the personal representative acquires knowledge of the property. The court may allow such further time for filing a supplemental inventory and appraisal as is reasonable under the circumstances of the particular case. (Enacted by Stats. 1990, Ch. 79.)
  86. 8802.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [8800 - 8804] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [8800 - 8804] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 8802. The inventory and appraisal shall separately list each item and shall state the fair market value of the item at the time of the decedent’s death in monetary terms opposite the item. (Enacted by Stats. 1990, Ch. 79.)
  87. 8803.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [8800 - 8804] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [8800 - 8804] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 8803. On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal representative shall, pursuant to Section 1252, deliver a copy to each person who has requested special notice. (Amended by Stats. 2017, Ch. 319, Sec. 70. (AB 976) Effective January 1, 2018.)
  88. 8804.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [8800 - 8804] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [8800 - 8804] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 8804. If the personal representative refuses or negligently fails to file an inventory and appraisal within the time allowed under this chapter, upon petition of an interested person: (a) The court may compel the personal representative to file an inventory and appraisal pursuant to the procedure prescribed in Chapter 4 (commencing with Section 11050) of Part 8. (b) The court may remove the personal representative from office. (c) The court may impose on the personal representative personal liability for injury to the estate or to an interested person that directly results from the refusal or failure. The liability may include attorney’s fees, in the court’s discretion. Damages awarded pursuant to this subdivision are a liability on the bond of the personal representative, if any. (Enacted by Stats. 1990, Ch. 79.)
  89. 881.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 881. (a) Not later than 60 days after receipt of the information required under Sections 876 to 879.3, inclusive, a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with a request, the fiduciary or designated recipient may apply to the court for an order directing compliance. (b) An order under subdivision (a) directing compliance shall contain a finding that compliance is not in violation of Section 2702 of Title 18 of the United States Code. (c) A custodian may notify a user that a request for disclosure of digital assets or to terminate an account was made pursuant to this part. (d) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the date of death of the user. (e) This part does not limit a custodian’s ability to obtain, or to require a fiduciary or designated recipient requesting disclosure or account termination under this part to obtain, a court order that makes all of the following findings: (1) The account belongs to the decedent, principal, conservatee, or trustee. (2) There is sufficient consent from the decedent, principal, conservatee, or settlor to support the requested disclosure. (3) A specific factual finding required by any other applicable law in effect at that time, including, but not limited to, a finding that disclosure is not in violation of Section 2702 of Title 18 of the United States Code. (f) (1) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith and in compliance with this part. (2) The protections specified in paragraph (1) do not apply in a case of gross negligence or willful or wanton misconduct of the custodian or its officers, employees, or agents. (Amended by Stats. 2024, Ch. 799, Sec. 7. (SB 1458) Effective January 1, 2025.)
  90. 882.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

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    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).

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 882. This part modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)). (Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
  91. 883.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 883. Disclosure of the contents of the deceased user’s or settlor’s account to a fiduciary of the deceased user or settlor is subject to the same license, restrictions, terms of service, and legal obligations, including copyright law, that applied to the deceased user or settlor. (Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
  92. 884.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. )

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

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870 - 884] ( Part 20 added by Stats. 2016, Ch. 551, Sec. 1. ) ## 884. If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and, to this end, the provisions of this part are severable. (Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
  93. 8850.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Inventory [8850 - 8873] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8850 - 8852] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Inventory [8850 - 8873] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8850 - 8852] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8850. (a) The inventory, including partial and supplemental inventories, shall include all property to be administered in the decedent’s estate. (b) The inventory shall particularly specify the following property: (1) Money owed to the decedent, including debts, bonds, and notes, with the name of each debtor, the date, the sum originally payable, and the endorsements, if any, with their dates. The inventory shall also specify security for the payment of money to the decedent, including mortgages and deeds of trust. If security for the payment of money is real property, the inventory shall include the recording reference or, if not recorded, a legal description of the real property. (2) A statement of the interest of the decedent in a partnership, appraised as a single item. (3) All money and other cash items, as defined in Section 8901, of the decedent. (c) The inventory shall show, to the extent ascertainable by the personal representative, the portions of the property that are community, quasi-community, and separate property of the decedent. (Enacted by Stats. 1990, Ch. 79.)
  94. 8851.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Inventory [8850 - 8873] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8850 - 8852] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Inventory [8850 - 8873] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8850 - 8852] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8851. The discharge or devise in a will of any debt or demand of the testator against the executor or any other person is not valid against creditors of the testator, but is a specific devise of the debt or demand. The debt or demand shall be included in the inventory. If necessary, the debt or demand shall be applied in the payment of the debts of the testator. If not necessary for that purpose, the debt or demand shall be distributed in the same manner and proportion as other specific devises. (Enacted by Stats. 1990, Ch. 79.)
  95. 8852.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Inventory [8850 - 8873] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8850 - 8852] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Inventory [8850 - 8873] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [8850 - 8852] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8852. (a) The personal representative shall take and subscribe an oath that the inventory contains a true statement of the property to be administered in the decedent’s estate of which the personal representative has knowledge, and particularly of money of the decedent and debts or demands of the decedent against the personal representative. The oath shall be endorsed upon or attached to the inventory. (b) If there is more than one personal representative, each shall take and subscribe the oath. If the personal representatives are unable to agree as to property to be included in the inventory, any personal representative may petition for a court order determining whether the property is to be administered in the decedent’s estate. The determination shall be made pursuant to the procedure provided in Part 19 (commencing with Section 850) of Division 2 or, if there is an issue of property belonging or passing to the surviving spouse, pursuant to Chapter 5 (commencing with Section 13650) of Part 2 of Division 8. (Amended by Stats. 2003, Ch. 32, Sec. 7. Effective January 1, 2004.)
  96. 8870.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Inventory [8850 - 8873] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Discovery of Property of Decedent [8870 - 8873] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Inventory [8850 - 8873] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Discovery of Property of Decedent [8870 - 8873] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8870. (a) On petition by the personal representative or an interested person, the court may order that a citation be issued to a person to answer interrogatories, or to appear before the court and be examined under oath, or both, concerning any of the following allegations: (1) The person has wrongfully taken, concealed, or disposed of property in the estate of the decedent. (2) The person has knowledge or possession of any of the following: (A) A deed, conveyance, bond, contract, or other writing that contains evidence of or tends to disclose the right, title, interest, or claim of the decedent to property. (B) A claim of the decedent. (C) A lost will of the decedent. (b) If the person does not reside in the county in which the estate is being administered, the superior court either of the county in which the person resides or of the county in which the estate is being administered may issue a citation under this section. (c) Disobedience of a citation issued pursuant to this section may be punished as a contempt of the court issuing the citation. (d) Notice to the personal representative of a proceeding under subdivision (a) shall be given for the period and in the manner provided in Section 1220. Other persons requesting notice of the hearing pursuant to Section 1250 shall be notified by the person filing the petition as set forth in Section 1252. (Amended by Stats. 1996, Ch. 563, Sec. 23. Effective January 1, 1997.)
  97. 8871.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Inventory [8850 - 8873] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Discovery of Property of Decedent [8870 - 8873] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Inventory [8850 - 8873] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Discovery of Property of Decedent [8870 - 8873] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8871. Interrogatories may be put to a person cited to answer interrogatories pursuant to Section 8870. The interrogatories and answers shall be in writing. The answers shall be signed under penalty of perjury by the person cited. The interrogatories and answers shall be filed with the court. (Enacted by Stats. 1990, Ch. 79.)
  98. 8872.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Inventory [8850 - 8873] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Discovery of Property of Decedent [8870 - 8873] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Inventory [8850 - 8873] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Discovery of Property of Decedent [8870 - 8873] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8872. (a) At an examination witnesses may be produced and examined on either side. (b) If upon the examination it appears that the allegations of the petition are true, the court may order the person to disclose the person’s knowledge of the facts to the personal representative. (c) If upon the examination it appears that the allegations of the petition are not true, the person’s necessary expenses, including a reasonable attorney’s fee, shall be charged against the petitioner or allowed out of the estate, in the discretion of the court. (Enacted by Stats. 1990, Ch. 79.)
  99. 8873.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Inventory [8850 - 8873] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Discovery of Property of Decedent [8870 - 8873] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Inventory [8850 - 8873] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Discovery of Property of Decedent [8870 - 8873] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8873. (a) On petition by the personal representative, the court may issue a citation to a person who has possession or control of property in the decedent’s estate to appear before the court and make an account under oath of the property and the person’s actions with respect to the property. (b) Disobedience of a citation issued pursuant to this section may be punished as a contempt of the court issuing the citation. (Enacted by Stats. 1990, Ch. 79.)
  100. 890.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 21. Periodic Adjustment of Dollar Amounts [890- 890.] ( Part 21 added by Stats. 2019, Ch. 122, Sec. 1. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 21. Periodic Adjustment of Dollar Amounts [890- 890.] ( Part 21 added by Stats. 2019, Ch. 122, Sec. 1. ) ## 890. (a) On April 1, 2022, and at each three-year interval ending on April 1 thereafter, the dollar amounts specified in Chapter 6 (commencing with Section 6600) of Part 3 of Division 6 and in Division 8 (commencing with Section 13000) in effect immediately before that date shall be adjusted as provided in subdivision (b). (b) The Judicial Council shall determine the amount of the adjustment based on the change in the United States city average of the “Consumer Price Index for All Urban Consumers,” as published by the United States Bureau of Labor Statistics, from the December that is 40 months prior to the adjustment to the December immediately preceding the adjustment, with each adjusted amount rounded to the nearest twenty-five dollars ($25). (c) Beginning April 1, 2022, the Judicial Council shall, after adjusting the amounts as directed in subdivision (b), publish a list of the current dollar amounts for the provisions identified in subdivision (a), together with the date of the next scheduled adjustment. (d) Adjustments made under subdivision (a) do not apply when the decedent’s death preceded the date of adjustment. (Added by Stats. 2019, Ch. 122, Sec. 1. (AB 473) Effective January 1, 2020.)
  101. 8900.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8900. The appraisal of property in the inventory shall be made by the personal representative, probate referee, or independent expert as provided in this chapter. (Enacted by Stats. 1990, Ch. 79.)
  102. 8901.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8901. The personal representative shall appraise the following property, excluding items whose fair market value is, in the opinion of the personal representative, an amount different from the face value of the property: (a) Money and other cash items. As used in this subdivision, a “cash item” is a check, draft, money order, or similar instrument issued on or before the date of the decedent’s death that can be immediately converted to cash. (b) The following checks issued after the date of the decedent’s death: (1) Checks for wages earned before death. (2) Refund checks, including tax and utility refunds, and Medicare, medical insurance, and other health care reimbursements and payments. (c) Accounts (as defined in Section 21) in financial institutions. (d) Cash deposits and money market mutual funds, as defined in subdivision (b) of Section 9730, whether in a financial institution or otherwise, including a brokerage cash account. All other mutual funds, stocks, bonds, and other securities shall be appraised pursuant to Sections 8902 to 8909, inclusive. (e) Proceeds of life and accident insurance policies and retirement plans and annuities payable on death in lump sum amounts. (Amended by Stats. 1994, Ch. 806, Sec. 30. Effective January 1, 1995.)
  103. 8902.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8902. Except as otherwise provided by statute: (a) The personal representative shall deliver the inventory to the probate referee designated by the court, together with necessary supporting data to enable the probate referee to make an appraisal of the property in the inventory to be appraised by the probate referee. (b) The probate referee shall appraise all property other than that appraised by the personal representative. (Enacted by Stats. 1990, Ch. 79.)
  104. 8903.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8903. (a) The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section. (b) The personal representative may apply for a waiver together with the petition for appointment of the personal representative or together with another petition, or may apply for a waiver in a separate petition filed in the administration proceedings, but the application shall not be made later than the time the personal representative delivers the inventory to the probate referee, if a probate referee has been designated. A copy of the proposed inventory and appraisal and a statement that sets forth the good cause that justifies the waiver shall be attached to the petition. (c) The hearing on the waiver shall be not sooner than 15 days after the petition is filed. Notice of the hearing on the petition, together with a copy of the petition and a copy of the proposed inventory and appraisal, shall be given as provided in Sections 1215 and 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 waiver. (3) Each known devisee whose interest in the estate would be affected by the waiver. (4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the waiver. (5) The probate referee, if a probate referee has been designated. (d) A probate referee to whom notice is given under this section may oppose the waiver. If the opposition fails and the court determines the opposition was made without substantial justification, the court shall award litigation expenses, including reasonable attorney’s fees, against the probate referee. If the opposition succeeds, the court may designate a different probate referee to appraise property in the estate. (e) If the petition is granted, the inventory and appraisal attached to the petition shall be filed pursuant to Section 8800. (Amended by Stats. 2017, Ch. 319, Sec. 71. (AB 976) Effective January 1, 2018.)
  105. 8904.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8904. (a) A unique, artistic, unusual, or special item of tangible personal property that would otherwise be appraised by the probate referee may, at the election of the personal representative, be appraised by an independent expert qualified to appraise the item. (b) The personal representative shall make the election provided in subdivision (a) by a notation on the inventory delivered to the probate referee indicating the property to be appraised by an independent expert. The probate referee may, within five days after delivery of the inventory, petition for a court determination whether the property to be appraised by an independent expert is a unique, artistic, unusual, or special item of tangible personal property. If the petition fails and the court determines that the petition was made without substantial justification, the court shall award litigation expenses, including reasonable attorney’s fees, against the probate referee. (Enacted by Stats. 1990, Ch. 79.)
  106. 8905.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8905. A person who appraises property, whether a personal representative, probate referee, or independent expert, shall sign the appraisal as to property appraised by that person, and shall take and subscribe an oath that the person has truly, honestly, and impartially appraised the property to the best of the person’s ability. (Enacted by Stats. 1990, Ch. 79.)
  107. 8906.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8906. (a) At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the court a written objection to the appraisal. (b) The clerk shall fix a time, not less than 15 days after the filing, for a hearing on the objection. (c) The person objecting shall give notice of the hearing, together with a copy of the objection, as provided in Section 1220. If the appraisal was made by a probate referee, the person objecting shall also deliver notice of the hearing and a copy of the objection to the probate referee at least 15 days before the date set for the hearing. (d) The person objecting to the appraisal has the burden of proof. (e) Upon completion of the hearing, the court may make any orders that appear appropriate. If the court determines the objection was filed without reasonable cause or good faith, the court may order that the fees of the personal representative and attorney and any costs incurred for defending the appraisal be made a charge against the person filing the objection. (Amended by Stats. 2017, Ch. 319, Sec. 72. (AB 976) Effective January 1, 2018.)
  108. 8907.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8907. Neither the personal representative nor the attorney for the personal representative is entitled to receive compensation for extraordinary services by reason of appraising any property in the estate. (Amended by Stats. 1991, Ch. 82, Sec. 24. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
  109. 8908.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8908. A probate referee who appraises property in the estate shall, upon demand by the personal representative or by a beneficiary: (a) Provide any appraisal report or backup data in the possession of the probate referee used by the referee to appraise an item of property. The probate referee shall not disclose any information that is required by law to be confidential. The probate referee shall provide the appraisal report or backup data without charge. The cost of providing the appraisal report or backup data shall not be allowed as an expense of appraisal but is included in the commission for services of the probate referee. (b) Justify the appraisal of an item of property if the appraisal is contested, whether by objection pursuant to Section 8906, by tax audit, or otherwise. The probate referee may be entitled to an additional fee for services provided to justify the appraisal, to be agreed upon by the personal representative or beneficiary and referee. If the personal representative or beneficiary and the probate referee are unable to agree, the court shall determine what fee, if any, is appropriate. (Enacted by Stats. 1990, Ch. 79.)
  110. 8909.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Procedure [8900 - 8909] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 8909. A probate referee who appraises property in an estate shall retain possession of all appraisal reports and backup data used by the referee to appraise the property for a period of three years after the appraisal is filed. The probate referee shall, during the three-year period, offer the personal representative the reports and data used by the referee to appraise the property and deliver the reports and data to the personal representative on request. Any reports and data not requested by the personal representative may be destroyed at the end of the three-year period without further notice. (Enacted by Stats. 1990, Ch. 79.)
  111. 8920.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Designation and Removal of Probate Referee [8920 - 8924] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Designation and Removal of Probate Referee [8920 - 8924] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8920. The probate referee, when designated by the court, shall be among the persons appointed by the Controller to act as a probate referee for the county. If there is no person available who is able to act or if, pursuant to authority of Section 8922 or otherwise, the court does not designate a person appointed for the county, the court may designate a probate referee from another county. (Enacted by Stats. 1990, Ch. 79.)
  112. 8921.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Designation and Removal of Probate Referee [8920 - 8924] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Designation and Removal of Probate Referee [8920 - 8924] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8921. The court may designate a person requested by the personal representative as probate referee, on a showing by the personal representative of good cause for the designation. The following circumstances are included within the meaning of good cause, as used in this section: (a) The probate referee has recently appraised the same property that will be appraised in the administration proceeding. (b) The probate referee will be making related appraisals in another proceeding. (c) The probate referee has recently appraised similar property in another proceeding. (Enacted by Stats. 1990, Ch. 79.)
  113. 8922.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Designation and Removal of Probate Referee [8920 - 8924] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Designation and Removal of Probate Referee [8920 - 8924] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8922. The court has authority and discretion not to designate a particular person as probate referee even though appointed by the Controller to act as a probate referee for the county. (Enacted by Stats. 1990, Ch. 79.)
  114. 8923.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Designation and Removal of Probate Referee [8920 - 8924] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court may not appoint certain people as probate referees.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Designation and Removal of Probate Referee [8920 - 8924] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8923. The court may not designate as probate referee any of the following persons: (a) The court clerk. (b) A partner or employee of the judge or commissioner who orders the designation. (c) The spouse of the judge or commissioner who orders the designation. (d) A person, or the spouse of a person, who is related within the third degree either (1) to the judge or commissioner who orders the designation or (2) to the spouse of the judge or commissioner who orders the designation. (Enacted by Stats. 1990, Ch. 79.)
  115. 8924.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Designation and Removal of Probate Referee [8920 - 8924] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Designation and Removal of Probate Referee [8920 - 8924] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 8924. (a) The court shall remove the designated probate referee in any of the following circumstances: (1) The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. The showing shall be made at a hearing on petition of the personal representative. The personal representative shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee at least 15 days before the date set for the hearing. (2) The personal representative has the right to remove the first probate referee who is designated by the court. Cause need not be shown for removal under this paragraph. The personal representative may exercise the right at any time before the personal representative delivers the inventory to the probate referee. The personal representative shall exercise the right by filing an affidavit or declaration under penalty of perjury with the court and delivering a copy to the probate referee pursuant to Section 1215. Thereupon, the court shall remove the probate referee without any further act or proof. (3) Any other cause provided by statute. (b) Upon removal of the probate referee, the court shall designate another probate referee in the manner prescribed in Section 8920. (Amended by Stats. 2017, Ch. 319, Sec. 73. (AB 976) Effective January 1, 2018.)
  116. 8940.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Time for Probate Referee Appraisal [8940 - 8941] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Time for Probate Referee Appraisal [8940 - 8941] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8940. (a) The probate referee shall promptly and with reasonable diligence appraise the property scheduled for appraisal by the probate referee in the inventory that the personal representative delivers to the referee. (b) The probate referee shall, not later than 60 days after delivery of the inventory, do one of the following: (1) Return the completed appraisal to the personal representative. (2) Make a report of the status of the appraisal. The report shall show the reason why the property has not been appraised and an estimate of the time needed to complete the appraisal. The report shall be delivered to the personal representative and filed with the court. (Enacted by Stats. 1990, Ch. 79.)
  117. 8941.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Time for Probate Referee Appraisal [8940 - 8941] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Time for Probate Referee Appraisal [8940 - 8941] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 8941. (a) The court shall, on petition of the personal representative or probate referee, or may, on the court’s own motion, hear the report of the status of the appraisal. The court may issue a citation to compel the personal representative or the probate referee to attend the hearing. (b) If the probate referee does not make the report of the status of the appraisal within the time required by this article or prescribed by the court, the court shall, on petition of the personal representative or may, on its own motion, cite the probate referee to appear before the court and show the reason why the property has not been appraised. (c) Upon the hearing, the court may order any of the following: (1) That the appraisal be completed within a time that appears reasonable. (2) That the probate referee be removed. Upon removal of the probate referee the court shall designate another probate referee in the manner prescribed in Section 8920. (3) That the commission of the probate referee be reduced by an amount the court deems appropriate, regardless of whether the commission otherwise allowable under the provisions of Sections 8960 to 8964 would be reasonable compensation for the services rendered. (4) That the personal representative deliver to the probate referee all information necessary to allow the probate referee to complete the appraisal. Failure to comply with such an order is grounds for removal of the personal representative. (5) Such other orders as may be appropriate. (Enacted by Stats. 1990, Ch. 79.)
  118. 8960.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Commission and Expenses of Probate Referee [8960 - 8964] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Commission and Expenses of Probate Referee [8960 - 8964] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8960. (a) The commission and expenses provided by this article as compensation for the services of the probate referee shall be paid from the estate. (b) The probate referee may not withhold the appraisal until the commission and expenses are paid, but shall deliver the appraisal to the personal representative promptly upon completion. (c) The commission and expenses of the probate referee are an expense of administration, entitled to the priority for payment provided by Section 11420, and shall be paid in the course of administration. (Enacted by Stats. 1990, Ch. 79.)
  119. 8961.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Commission and Expenses of Probate Referee [8960 - 8964] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Commission and Expenses of Probate Referee [8960 - 8964] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8961. As compensation for services the probate referee shall receive all of the following: (a) A commission of one-tenth of one percent of the total value of the property for each estate appraised, subject to Section 8963. The commission shall be computed excluding property appraised by the personal representative pursuant to Section 8901 or by an independent expert pursuant to Section 8904. (b) Actual and necessary expenses for each estate appraised. The referee shall file with, or list on, the inventory and appraisal a verified account of the referee’s expenses. (Enacted by Stats. 1990, Ch. 79.)
  120. 8963.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Commission and Expenses of Probate Referee [8960 - 8964] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Commission and Expenses of Probate Referee [8960 - 8964] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8963. (a) Notwithstanding Section 8961 and subject to subdivision (b), the commission of the probate referee shall in no event be less than seventy-five dollars ($75) nor more than ten thousand dollars ($10,000) for any estate appraised. (b) Upon application of the probate referee, the court may allow a commission in excess of ten thousand dollars ($10,000) if the court determines that the reasonable value of the referee’s services exceeds that amount. Notice of the hearing under this subdivision 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. (4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition. (5) Each person who has requested special notice of petitions filed in the proceeding. (Enacted by Stats. 1990, Ch. 79.)
  121. 8964.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Commission and Expenses of Probate Referee [8960 - 8964] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Commission and Expenses of Probate Referee [8960 - 8964] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 8964. If more than one probate referee appraises or participates in the appraisal of property in the estate, each is entitled to the share of the commission agreed upon by the referees or, absent an agreement, that the court allows. In no case shall the total commission for all referees exceed the maximum commission that would be allowable for a single referee. (Enacted by Stats. 1990, Ch. 79.)
  122. 8980.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Transitional Provision [8980- 8980.] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 3. INVENTORY AND APPRAISAL [8800 - 8980] ( Part 3 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Appraisal [8900 - 8980] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Transitional Provision [8980- 8980.] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 8980. If an inventory is delivered to a probate referee for appraisal before July 1, 1989, all matters relating to the appraisal by the referee, including the property to be included in the appraisal, waiver of the appraisal, and compensation of the referee, are governed by the applicable law in effect before July 1, 1989, and are not governed by this chapter. (Enacted by Stats. 1990, Ch. 79.)
  123. 9.

    ## 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. )

    Verify source ↗

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

    ## 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. ) ## 9. The present tense includes the past and future tenses, and the future, the present. (Enacted by Stats. 1990, Ch. 79.)
  124. 9000.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9000 - 9004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9000 - 9004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 9000. As used in this division: (a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated: (1) Liability of the decedent, whether arising in contract, tort, or otherwise. (2) Liability for taxes incurred before the decedent’s death, whether assessed before or after the decedent’s death, other than property taxes and assessments secured by real property liens. (3) Liability of the estate for funeral expenses of the decedent. (b) “Claim” does not include a dispute regarding title of a decedent to specific property alleged to be included in the decedent’s estate. (c) “Creditor” means a person who may have a claim against estate property. (Amended by Stats. 2007, Ch. 159, Sec. 1. Effective January 1, 2008.)
  125. 9001.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9000 - 9004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9000 - 9004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 9001. (a) The publication of notice under Section 8120 and the giving of notice of administration of the estate of the decedent under Chapter 2 (commencing with Section 9050) constitute notice to creditors of the requirements of this part. (b) Nothing in subdivision (a) affects a notice or request to a public entity required by Chapter 5 (commencing with Section 9200). (Enacted by Stats. 1990, Ch. 79.)
  126. 9002.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9000 - 9004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9000 - 9004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 9002. Except as otherwise provided by statute: (a) All claims shall be filed in the manner and within the time provided in this part. (b) A claim that is not filed as provided in this part is barred. (Enacted by Stats. 1990, Ch. 79.)
  127. 9003.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9000 - 9004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9000 - 9004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 9003. A claim that is established under this part shall be included among the debts to be paid in the course of administration. (Enacted by Stats. 1990, Ch. 79.)
  128. 9004.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9000 - 9004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9000 - 9004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 9004. (a) This part does not apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1988. (b) The applicable law in effect before July 1, 1988, governing the subject matter of this part continues to apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1988, notwithstanding its repeal by Chapter 923 of the Statutes of 1987. (Enacted by Stats. 1990, Ch. 79.)
  129. 9050.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice to Creditors [9050 - 9054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice to Creditors [9050 - 9054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 9050. (a) Subject to Section 9054, the personal representative shall give notice of administration of the estate to the known or reasonably ascertainable creditors of the decedent. The notice shall be given as provided in Section 1215. For the purpose of this subdivision, a personal representative has knowledge of a creditor of the decedent if the personal representative is aware that the creditor has demanded payment from the decedent or the estate. (b) The giving of notice under this chapter is in addition to the publication of the notice under Section 8120. (Amended by Stats. 1996, Ch. 862, Sec. 18. Effective January 1, 1997.)
  130. 9051.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice to Creditors [9050 - 9054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice to Creditors [9050 - 9054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 9051. The notice shall be given within the later of: (a) Four months after the date letters are first issued. (b) Thirty days after the personal representative first has knowledge of the creditor. (Amended by Stats. 1996, Ch. 862, Sec. 19. Effective January 1, 1997.)
  131. 9052.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice to Creditors [9050 - 9054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice to Creditors [9050 - 9054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 9052. The notice shall be in substantially the following form: NOTICE OF ADMINISTRATION OF ESTATE OF _______, DECEDENT Notice to creditors: Administration of the estate of _________ (deceased) has been commenced by _________ (personal representative) in Estate No. _________ in the Superior Court of California, County of _________. You must file your claim with the court and deliver a copy pursuant to Section 1215 of the California Probate Code to the personal representative within the last to occur of four months after _________ (the date letters were first issued to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code), or 60 days after the date this notice was mailed to you or, in the case of personal delivery, 60 days after the date this notice was delivered to you, or you must petition to file a late claim as provided in Section 9103 of the California Probate Code. Failure to file a claim with the court and serve a copy of the claim on the personal representative will, in most instances, invalidate your claim. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. (Date of mailing this notice) (Name and address of personal representative or attorney) (Amended by Stats. 2017, Ch. 319, Sec. 74. (AB 976) Effective January 1, 2018.)
  132. 9053.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice to Creditors [9050 - 9054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice to Creditors [9050 - 9054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 9053. (a) If the personal representative believes that notice to a particular creditor is or may be required by this chapter and gives notice based on that belief, the personal representative is not liable to any person for giving the notice, whether or not required by this chapter. (b) If the personal representative fails to give notice required by this chapter, the personal representative is not liable to any person for the failure, unless a creditor establishes all of the following: (1) The failure was in bad faith. (2) The creditor had no actual knowledge of the administration of the estate before expiration of the time for filing a claim, and payment would have been made on the creditor’s claim in the course of administration if the claim had been properly filed. (3) Within 16 months after letters were first issued to a general personal representative, the creditor did both of the following: (A) Filed a petition requesting that the court in which the estate was administered make an order determining the liability of the personal representative under this subdivision. (B) At least 30 days before the hearing on the petition, caused notice of the hearing and a copy of the petition to be served on the personal representative in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. (c) Nothing in this section affects the liability of the estate, if any, for the claim of a creditor, and the personal representative is not liable for the claim to the extent it is paid out of the estate or could be paid out of the estate pursuant to Section 9103. (d) A personal representative has a duty to make reasonably diligent efforts to identify reasonably ascertainable creditors of the decedent. (Amended by Stats. 1999, Ch. 263, Sec. 4. Effective January 1, 2000.)
  133. 9054.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice to Creditors [9050 - 9054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Notice to Creditors [9050 - 9054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 9054. Notwithstanding Section 9050, the personal representative need not give notice to a creditor even though the personal representative has knowledge of the creditor if any of the following conditions is satisfied: (a) The creditor has filed a claim as provided in this part. (b) The creditor has demanded payment and the personal representative elects to treat the demand as a claim under Section 9154. (Enacted by Stats. 1990, Ch. 79.)
  134. 9100.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Time for Filing Claims [9100 - 9104] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Time for Filing Claims [9100 - 9104] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 9100. (a) A creditor shall file a claim before expiration of the later of the following times: (1) Four months after the date letters are first issued to a general personal representative. (2) Sixty days after the date notice of administration is mailed or personally delivered to the creditor. Nothing in this paragraph extends the time provided in Section 366.2 of the Code of Civil Procedure. (b) A reference in another statute to the time for filing a claim means the time provided in paragraph (1) of subdivision (a). (c) Nothing in this section shall be interpreted to extend or toll any other statute of limitations or to revive a claim that is barred by any statute of limitations. The reference in this subdivision to a “statute of limitations” includes Section 366.2 of the Code of Civil Procedure. (Amended by Stats. 2007, Ch. 159, Sec. 2. Effective January 1, 2008.)
  135. 9101.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Time for Filing Claims [9100 - 9104] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Time for Filing Claims [9100 - 9104] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 9101. A vacancy in the office of the personal representative that occurs before expiration of the time for filing a claim does not extend the time. (Enacted by Stats. 1990, Ch. 79.)
  136. 9102.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Time for Filing Claims [9100 - 9104] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Time for Filing Claims [9100 - 9104] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 9102. A claim that is filed before expiration of the time for filing the claim is timely even if acted on by the personal representative or by the court after expiration of the time for filing claims. (Amended by Stats. 2007, Ch. 159, Sec. 3. Effective January 1, 2008.)
  137. 9103.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Time for Filing Claims [9100 - 9104] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Time for Filing Claims [9100 - 9104] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 9103. (a) Upon petition by a creditor or the personal representative, the court may allow a claim to be filed after expiration of the time for filing a claim provided in Section 9100 if either of the following conditions is satisfied: (1) The personal representative failed to send proper and timely notice of administration of the estate to the creditor, and that petition is filed within 60 days after the creditor has actual knowledge of the administration of the estate. (2) The creditor had no knowledge of the facts reasonably giving rise to the existence of the claim more than 30 days prior to the time for filing a claim as provided in Section 9100, and the petition is filed within 60 days after the creditor has actual knowledge of both of the following: (A) The existence of the facts reasonably giving rise to the existence of the claim. (B) The administration of the estate. (b) Notwithstanding subdivision (a), the court shall not allow a claim to be filed under this section after the court makes an order for final distribution of the estate. (c) The court may condition the claim on terms that are just and equitable, and may require the appointment or reappointment of a personal representative if necessary. The court may deny the creditor’s petition if a payment to general creditors has been made and it appears that the filing or establishment of the claim would cause or tend to cause unequal treatment among creditors. (d) Regardless of whether the claim is later established in whole or in part, payments otherwise properly made before a claim is filed under this section are not subject to the claim. Except to the extent provided in Section 9392 and subject to Section 9053, the personal representative or payee is not liable on account of the prior payment. Nothing in this subdivision limits the liability of a person who receives a preliminary distribution of property to restore to the estate an amount sufficient for payment of the distributee’s proper share of the claim, not exceeding the amount distributed. (e) Notice of hearing on the petition shall be given as provided in Section 1220. (f) Nothing in this section authorizes allowance or approval of a claim barred by, or extends the time provided in, Section 366.2 of the Code of Civil Procedure. (Amended by Stats. 2007, Ch. 159, Sec. 4. Effective January 1, 2008.)
  138. 9104.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Time for Filing Claims [9100 - 9104] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Time for Filing Claims [9100 - 9104] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 9104. (a) Subject to subdivision (b), if a claim is filed within the time provided in this chapter, the creditor may later amend or revise the claim. The amendment or revision shall be filed in the same manner as the claim. (b) An amendment or revision may not be made to increase the amount of the claim after the time for filing a claim has expired. An amendment or revision to specify the amount of a claim that, at the time of filing, was not due, was contingent, or was not yet ascertainable, is not an increase in the amount of the claim within the meaning of this subdivision. (c) An amendment or revision may not be made for any purpose after the earlier of the following times: (1) The time the court makes an order for final distribution of the estate. (2) One year after letters are first issued to a general personal representative. This paragraph does not extend the time provided by Section 366.2 of the Code of Civil Procedure or authorize allowance or approval of a claim barred by that section. (Amended by Stats. 2007, Ch. 159, Sec. 5. Effective January 1, 2008.)
  139. 9150.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Filing of Claims [9150 - 9154] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Filing of Claims [9150 - 9154] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 9150. (a) A claim may be filed by the creditor or a person acting on behalf of the creditor. (b) A claim shall be filed with the court and a copy shall be served on the personal representative, or on a person who is later appointed and qualified as personal representative. (c) Service of the claim on the personal representative shall be made within the later of 30 days of the filing of the claim or four months after letters issue to a personal representative with general powers. Service shall not be required after the claim has been allowed or rejected. (d) If the creditor does not file the claim with the court and serve the claim on the personal representative as provided in this section, the claim shall be invalid. (Amended by Stats. 1996, Ch. 862, Sec. 24. Effective January 1, 1997.)
  140. 9151.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Filing of Claims [9150 - 9154] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Filing of Claims [9150 - 9154] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 9151. (a) A claim shall be supported by the affidavit of the creditor or the person acting on behalf of the creditor stating: (1) The claim is a just claim. (2) If the claim is due, the facts supporting the claim, the amount of the claim, and that all payments on and offsets to the claim have been credited. (3) If the claim is not due or contingent, or the amount is not yet ascertainable, the facts supporting the claim. (4) If the affidavit is made by a person other than the creditor, the reason it is not made by the creditor. (b) The personal representative may require satisfactory vouchers or proof to be produced to support the claim. An original voucher may be withdrawn after a copy is provided. If a copy is provided, the copy shall be attached to the claim. (Enacted by Stats. 1990, Ch. 79.)
  141. 9152.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Filing of Claims [9150 - 9154] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Filing of Claims [9150 - 9154] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 9152. (a) If a claim is based on a written instrument, either the original or a copy of the original with all endorsements shall be attached to the claim. If a copy is attached, the original instrument shall be exhibited to the personal representative or court or judge on demand unless it is lost or destroyed, in which case the fact that it is lost or destroyed shall be stated in the claim. (b) If the claim or a part of the claim is secured by a mortgage, deed of trust, or other lien that is recorded in the office of the recorder of the county in which the property subject to the lien is located, it is sufficient to describe the mortgage, deed of trust, or lien and the recording reference for the instrument that created the mortgage, deed of trust, or other lien. (Enacted by Stats. 1990, Ch. 79.)
  142. 9153.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Filing of Claims [9150 - 9154] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Filing of Claims [9150 - 9154] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 9153. A claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the personal representative. The claim form shall include a proof of delivery of a copy of the claim to the personal representative, which may be completed by the creditor. (Amended by Stats. 2017, Ch. 319, Sec. 75. (AB 976) Effective January 1, 2018.)
  143. 9154.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Filing of Claims [9150 - 9154] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Filing of Claims [9150 - 9154] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 9154. (a) Notwithstanding any other provision of this part, if a creditor makes a written demand for payment within four months after the date letters are first issued to a general personal representative, the personal representative may waive formal defects and elect to treat the demand as a claim that is filed and established under this part by paying the amount demanded before the expiration of 30 days after the four-month period if all of the following conditions are satisfied: (1) The debt was justly due. (2) The debt was paid in good faith. (3) The amount paid was the true amount of the indebtedness over and above all payments and offsets. (4) The estate is solvent. (b) Nothing in this section limits application of (1) the doctrines of waiver, estoppel, laches, or detrimental reliance or (2) any other equitable principle. (Enacted by Stats. 1990, Ch. 79.)
  144. 9200.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Claims by Public Entities [9200 - 9205] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Claims by Public Entities [9200 - 9205] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 9200. (a) Except as provided in this chapter, a claim by a public entity shall be filed within the time otherwise provided in this part. A claim not so filed is barred, including any lien imposed for the claim. (b) As used in this chapter, “public entity” has the meaning provided in Section 811.2 of the Government Code, and includes an officer authorized to act on behalf of the public entity. (Enacted by Stats. 1990, Ch. 79.)
  145. 9201.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Claims by Public Entities [9200 - 9205] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Claims by Public Entities [9200 - 9205] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 9201. (a) Notwithstanding any other statute, if a claim of a public entity arises under a law, act, or code listed in subdivision (b): (1) The public entity may provide a form to be used for the written notice or request to the public entity required by this chapter. Where appropriate, the form may require the decedent’s social security number, if known. (2) The claim is barred only after written notice or request to the public entity and expiration of the period provided in the applicable section. If no written notice or request is made, the claim is enforceable by the remedies, and is barred at the time, otherwise provided in the law, act, or code. (b) Law, Act, or Code Applicable Section Sales and Use Tax Law (com- mencing with Section 6001 of the Revenue and Taxation Code) Section 6487.1 of the Revenue and Taxation Code Bradley-Burns Uniform Local Sales and Use Tax Law (com- mencing with Section 7200 of the Revenue and Taxation Code) Section 6487.1 of the Revenue and Taxation Code Transactions and Use Tax Law (commencing with Section 7251 of the Revenue and Taxation Code) Section 6487.1 of the Revenue and Taxation Code Motor Vehicle Fuel License Tax Law (commencing with Section 7301 of the Revenue and Taxa- tion Code) Section 7675.1 of the Revenue and Taxation Code Use Fuel Tax Law (commencing with Section 8601 of the Reve- nue and Taxation Code) Section 8782.1 of the Revenue and Taxation Code Administration of Franchise and Income Tax Law (commencing with Section 18401 of the Reve- nue and Taxation Code) Section 19517 of the Revenue and Taxation Code Cigarette Tax Law (commenc- ing with Section 30001 of the Revenue and Taxation Code) Section 30207.1 of the Reve- nue and Taxation Code Alcoholic Beverage Tax Law (commencing with Section 32001 of the Revenue and Taxa- tion Code) Section 32272.1 of the Reve- nue and Taxation Code Unemployment Insurance Code Section 1090 of the Unemploy- ment Insurance Code State Hospitals (commencing with Section 7200 of the Welfare and Institutions Code) Section 7277.1 of the Welfare and Institutions Code Medi-Cal Act (commencing with Section 14000 of the Wel- fare and Institutions Code) Section 9202 of the Probate Code Waxman-Duffy Prepaid Health Plan Act (commencing with Sec- tion 14200 of the Welfare and Institutions Code) Section 9202 of the Probate Code (Amended by Stats. 2014, Ch. 144, Sec. 49. (AB 1847) Effective January 1, 2015.)
  146. 9202.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Claims by Public Entities [9200 - 9205] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Claims by Public Entities [9200 - 9205] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 9202. (a) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give the Director of the State Department of Health Care Services notice of the decedent’s death in the manner provided in Section 215, or submitted electronically to the director through the department’s official internet website using the online notice of death form, if the general personal representative knows or has reason to believe that the decedent received health care under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or was the surviving spouse of a person who received that health care. The director has four months after notice is given in which to file a claim. (b) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give the Director of the California Victim Compensation Board notice of the decedent’s death in the manner provided in Section 216 if the general personal representative or estate attorney knows that an heir or beneficiary is or has previously been confined in a prison or facility under the jurisdiction of the Department of Corrections and Rehabilitation or confined in any county or city jail, road camp, industrial farm, or other local correctional facility. The director of the board shall have four months after that notice is received in which to pursue collection of any outstanding restitution fines or orders. (c) (1) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give the Franchise Tax Board notice of the administration of the estate. The notice shall be given as provided in Section 1215. (2) The provisions of this subdivision shall apply to estates for which letters are first issued on or after July 1, 2008. (d) Nothing in this section shall be interpreted as requiring the estate attorney, the beneficiary, the personal representative, or the person in possession of property of the decedent to conduct an additional investigation to determine whether a decedent has an heir or beneficiary who has been confined in a prison or facility under the jurisdiction of the Department of Corrections and Rehabilitation, or its Division of Juvenile Facilities, or confined in any county or city jail, road camp, industrial farm, or other local correctional facility. (e) (1) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give notice of the decedent’s death to the Director of the California Department of Child Support Services, in the manner provided by Section 1215, or submitted electronically to the director through the department’s official internet website in a manner to be determined by the department, if the general personal representative or estate attorney knows or has reason to believe that the decedent had a child support obligation under an order issued by a court of competent jurisdiction. (2) A local child support agency providing services pursuant to Division 17 (commencing with Section 17000) of the Family Code may assert a claim no later than four months after receiving notice under this subdivision. (3) This subdivision applies to estates for which letters are first issued on or after January 1, 2026. (Amended by Stats. 2025, Ch. 200, Sec. 26. (AB 1521) Effective January 1, 2026.)
  147. 9203.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Claims by Public Entities [9200 - 9205] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Claims by Public Entities [9200 - 9205] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 9203. (a) Failure of a person to give the written notice or request required by this chapter does not affect the validity of any proceeding under this code concerning the administration of the decedent’s estate. (b) If property in the estate is distributed before expiration of the time allowed a public entity to file a claim, the public entity has a claim against the distributees to the full extent of the public entity’s claim, or each distributee’s share of the distributed property, whichever is less. The public entity’s claim against distributees includes interest at a rate equal to that specified in Section 19521 of the Revenue and Taxation Code, from the date of distribution or the date of filing the claim by the public entity, whichever is later, plus other accruing costs as in the case of enforcement of a money judgment. (Amended by Stats. 1999, Ch. 987, Sec. 3. Effective October 10, 1999.)
  148. 9204.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Claims by Public Entities [9200 - 9205] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Claims by Public Entities [9200 - 9205] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 9204. Nothing in this chapter shall be construed to affect the order of priority of claims provided for under other provisions of law. (Enacted by Stats. 1990, Ch. 79.)
  149. 9205.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Claims by Public Entities [9200 - 9205] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Claims by Public Entities [9200 - 9205] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 9205. This chapter does not apply to liability for the restitution of amounts illegally acquired through the means of a fraudulent, false, or incorrect representation, or a forged or unauthorized endorsement. (Enacted by Stats. 1990, Ch. 79.)
  150. 9250.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Allowance and Rejection of Claims [9250 - 9256] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Allowance and Rejection of Claims [9250 - 9256] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9250. (a) When a claim is filed, the personal representative shall allow or reject the claim in whole or in part. (b) The allowance or rejection shall be in writing. The personal representative shall file the allowance or rejection with the court clerk and give notice to the creditor as provided in Part 2 (commencing with Section 1200) of Division 3, together with a copy of the allowance or rejection. (c) The allowance or rejection shall contain the following information: (1) The name of the creditor. (2) The total amount of the claim. (3) The date of issuance of letters. (4) The date of the decedent’s death. (5) The estimated value of the decedent’s estate. (6) The amount allowed or rejected by the personal representative. (7) Whether the personal representative is authorized to act under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400)). (8) A statement that the creditor has 90 days in which to act on a rejected claim. (d) The Judicial Council may prescribe an allowance or rejection form, which may be part of the claim form. Use of a form prescribed by the Judicial Council is deemed to satisfy the requirements of this section. (e) This section does not apply to a demand the personal representative elects to treat as a claim under Section 9154. (Amended by Stats. 2007, Ch. 159, Sec. 6. Effective January 1, 2008.)
  151. 9251.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Allowance and Rejection of Claims [9250 - 9256] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Allowance and Rejection of Claims [9250 - 9256] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9251. If the personal representative is not authorized to act under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400)): (a) Immediately on the filing of the allowance of a claim, the clerk shall present the claim and allowance to the court or judge for approval or rejection. (b) On presentation of a claim and allowance, the court or judge may, in its discretion, examine the creditor and others on oath and receive any evidence relevant to the validity of the claim. The court or judge shall endorse on the claim whether the claim is approved or rejected and the date. (Enacted by Stats. 1990, Ch. 79.)
  152. 9252.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Allowance and Rejection of Claims [9250 - 9256] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Allowance and Rejection of Claims [9250 - 9256] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9252. (a) If the personal representative or the attorney for the personal representative is a creditor of the decedent, the clerk shall present the claim to the court or judge for approval or rejection. The court or judge may in its discretion require the creditor to file a petition and give notice of hearing. (b) If the court or judge approves the claim, the claim is established and shall be included with other established claims to be paid in the course of administration. (c) If the court or judge rejects the claim, the personal representative or attorney may bring an action against the estate. Summons shall be served on the judge, who shall appoint an attorney at the expense of the estate to defend the action. (Enacted by Stats. 1990, Ch. 79.)
  153. 9253.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Allowance and Rejection of Claims [9250 - 9256] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Allowance and Rejection of Claims [9250 - 9256] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9253. A claim barred by the statute of limitations may not be allowed by the personal representative or approved by the court or judge. (Enacted by Stats. 1990, Ch. 79.)
  154. 9254.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Allowance and Rejection of Claims [9250 - 9256] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Allowance and Rejection of Claims [9250 - 9256] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9254. (a) The validity of an allowed or approved claim may be contested by any interested person at any time before settlement of the report or account of the personal representative in which it is first reported as an allowed or approved claim. The burden of proof is on the contestant, except where the personal representative has acted under the Independent Administration of Estates Act (Part 6 (commencing Section 10400)), in which case the burden of proof is on the personal representative. (b) Subdivision (a) does not apply to a claim established by a judgment. (Enacted by Stats. 1990, Ch. 79.)
  155. 9255.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Allowance and Rejection of Claims [9250 - 9256] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Allowance and Rejection of Claims [9250 - 9256] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9255. (a) The personal representative may allow a claim, or the court or judge may approve a claim, in part. The allowance or approval shall state the amount for which the claim is allowed or approved. (b) A creditor who refuses to accept the amount allowed or approved in satisfaction of the claim may bring an action on the claim in the manner provided in Chapter 8 (commencing with Section 9350). The creditor may not recover costs in the action unless the creditor recovers an amount greater than that allowed or approved. (Enacted by Stats. 1990, Ch. 79.)
  156. 9256.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Allowance and Rejection of Claims [9250 - 9256] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Allowance and Rejection of Claims [9250 - 9256] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9256. If within 30 days after a claim is filed the personal representative or the court or judge has refused or neglected to act on the claim, the refusal or neglect may, at the option of the creditor, be deemed equivalent to giving a notice of rejection on the 30th day. (Enacted by Stats. 1990, Ch. 79.)
  157. 9300.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Claims Established by Judgment [9300 - 9304] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Claims Established by Judgment [9300 - 9304] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 9300. (a) Except as provided in Section 9303, after the death of the decedent all money judgments against the decedent or against the personal representative on a claim against the decedent or estate are payable in the course of administration and are not enforceable against property in the estate of the decedent under the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure). (b) Subject to Section 9301, a judgment referred to in subdivision (a) shall be filed in the same manner as other claims. (Enacted by Stats. 1990, Ch. 79.)
  158. 9301.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Claims Established by Judgment [9300 - 9304] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Claims Established by Judgment [9300 - 9304] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 9301. When a money judgment against a personal representative in a representative capacity becomes final, it conclusively establishes the validity of the claim for the amount of the judgment. The judgment shall provide that it is payable out of property in the decedent’s estate in the course of administration. An abstract of the judgment shall be filed in the administration proceedings. (Enacted by Stats. 1990, Ch. 79.)
  159. 9302.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Claims Established by Judgment [9300 - 9304] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Claims Established by Judgment [9300 - 9304] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 9302. (a) Notwithstanding the death of the decedent, a judgment for possession of property or a judgment for sale of property may be enforced under the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure). Nothing in this subdivision authorizes enforcement under the Enforcement of Judgments Law against any property in the estate of the decedent other than the property described in the judgment for possession or sale. (b) After the death of the decedent, a demand for money that is not satisfied from the property described in a judgment for sale of property shall be filed as a claim in the same manner as other claims and is payable in the course of administration. (Enacted by Stats. 1990, Ch. 79.)
  160. 9303.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Claims Established by Judgment [9300 - 9304] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Claims Established by Judgment [9300 - 9304] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 9303. If property of the decedent is subject to an execution lien at the time of the decedent’s death, enforcement against the property may proceed under the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure) to satisfy the judgment. The levying officer shall account to the personal representative for any surplus. If the judgment is not satisfied, the balance of the judgment remaining unsatisfied is payable in the course of administration. (Enacted by Stats. 1990, Ch. 79.)
  161. 9304.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Claims Established by Judgment [9300 - 9304] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Claims Established by Judgment [9300 - 9304] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 9304. (a) An attachment lien may be converted into a judgment lien on property in the estate subject to the attachment lien, with the same priority as the attachment lien, in either of the following cases: (1) Where the judgment debtor dies after entry of judgment in an action in which the property was attached. (2) Where a judgment is entered after the death of the defendant in an action in which the property was attached. (b) To convert the attachment lien into a judgment lien, the levying officer shall, after entry of judgment in the action in which the property was attached and before the expiration of the attachment lien, do one of the following: (1) Serve an abstract of the judgment, and a notice that the attachment lien has become a judgment lien, on the person holding property subject to the attachment lien. (2) Record or file, in any office where the writ of attachment and notice of attachment are recorded or filed, an abstract of the judgment and a notice that the attachment lien has become a judgment lien. If the attached property is real property, the plaintiff or the plaintiff’s attorney may record the required abstract and notice with the same effect as if recorded by the levying officer. (c) After the death of the decedent, any members of the decedent’s family who were supported in whole or in part by the decedent may claim an exemption provided in Section 487.020 of the Code of Civil Procedure for property levied on under the writ of attachment if the right to the exemption exists at the time the exemption is claimed. The personal representative may claim the exemption on behalf of members of the decedent’s family. The claim of exemption may be made at any time before the time the abstract and notice are served, recorded, or filed under subdivision (b) with respect to the property claimed to be exempt. The claim of exemption shall be made in the same manner as an exemption is claimed under Section 482.100 of the Code of Civil Procedure. (Enacted by Stats. 1990, Ch. 79.)
  162. 9350.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Claim Where No Pending Action or Proceeding [9350 - 9354] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Claim Where No Pending Action or Proceeding [9350 - 9354] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 9350. This article applies to any claim other than a claim on an action or proceeding pending against the decedent at the time of death. (Enacted by Stats. 1990, Ch. 79.)
  163. 9351.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Claim Where No Pending Action or Proceeding [9350 - 9354] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Claim Where No Pending Action or Proceeding [9350 - 9354] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 9351. An action may not be commenced against a decedent’s personal representative on a cause of action against the decedent unless a claim is first filed as provided in this part and the claim is rejected in whole or in part. (Enacted by Stats. 1990, Ch. 79.)
  164. 9352.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Claim Where No Pending Action or Proceeding [9350 - 9354] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Claim Where No Pending Action or Proceeding [9350 - 9354] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 9352. (a) The filing of a claim or a petition under Section 9103 to file a claim tolls the statute of limitations otherwise applicable to the claim until allowance, approval, or rejection. (b) The allowance or approval of a claim in whole or in part further tolls the statute of limitations during the administration of the estate as to the part allowed or approved. (Amended by Stats. 1991, Ch. 1055, Sec. 26.)
  165. 9353.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Claim Where No Pending Action or Proceeding [9350 - 9354] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Claim Where No Pending Action or Proceeding [9350 - 9354] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 9353. (a) Regardless of whether the statute of limitations otherwise applicable to a claim will expire before or after the following times, a claim rejected in whole or in part is barred as to the part rejected unless, within the following times, the creditor commences an action on the claim or the matter is referred to a referee or to arbitration: (1) If the claim is due at the time the notice of rejection is given, 90 days after the notice is given. (2) If the claim is not due at the time the notice of rejection is given, 90 days after the claim becomes due. (b) The time during which there is a vacancy in the office of the personal representative shall be excluded from the period determined under subdivision (a). (Amended by Stats. 2007, Ch. 159, Sec. 7. Effective January 1, 2008.)
  166. 9354.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Claim Where No Pending Action or Proceeding [9350 - 9354] ( Article 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Claim Where No Pending Action or Proceeding [9350 - 9354] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 9354. (a) In addition to any other county in which an action may be commenced, an action on the claim may be commenced in the county in which the proceeding for administration of the decedent’s estate is pending. (b) The plaintiff shall file a notice of the pendency of the action with the court clerk in the estate proceeding, together with proof of giving a copy of the notice to the personal representative as provided in Section 1215. Personal service of a copy of the summons and complaint on the personal representative is equivalent to the filing and giving of the notice. Any property distributed under court order, or any payment properly made, before the notice is filed and given is not subject to the claim. The personal representative, distributee, or payee is not liable on account of the prior distribution or payment. (c) The prevailing party in the action shall be awarded court costs and, if the court determines that the prosecution or defense of the action against the prevailing party was unreasonable, the prevailing party shall be awarded reasonable litigation expenses, including attorney’s fees. (Enacted by Stats. 1990, Ch. 79.)
  167. 9370.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Claim Where Action or Proceeding Pending [9370- 9370.] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Claim Where Action or Proceeding Pending [9370- 9370.] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 9370. (a) An action or proceeding pending against the decedent at the time of death may not be continued against the decedent’s personal representative unless all of the following conditions are satisfied: (1) A claim is first filed as provided in this part. (2) The claim is rejected in whole or in part. (3) Within three months after the notice of rejection is given, the plaintiff applies to the court in which the action or proceeding is pending for an order to substitute the personal representative in the action or proceeding. This paragraph applies only if the notice of rejection contains a statement that the plaintiff has three months within which to apply for an order for substitution. (b) No recovery shall be allowed in the action against property in the decedent’s estate unless proof is made of compliance with this section. (Enacted by Stats. 1990, Ch. 79.)
  168. 9390.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Litigation Where No Claim Required [9390 - 9392] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Litigation Where No Claim Required [9390 - 9392] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 9390. (a) An action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued under Section 550, and a judgment in the action may be enforced against the insurer, without first filing a claim as provided in this part. (b) Unless a claim is first made as provided in this part, an action to establish the decedent’s liability for damages outside the limits or coverage of the insurance may not be commenced or continued under Section 550. (c) If the insurer seeks reimbursement under the insurance contract for any liability of the decedent, including, but not limited to, deductible amounts in the insurance coverage and costs and attorney’s fees for which the decedent is liable under the contract, an insurer defending an action under Section 550 shall file a claim as provided in this part. Failure to file a claim is a waiver of reimbursement under the insurance contract for any liability of the decedent. (Amended by Stats. 1990, Ch. 710, Sec. 23. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  169. 9391.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Litigation Where No Claim Required [9390 - 9392] ( Article 3 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Litigation Where No Claim Required [9390 - 9392] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 9391. Except as provided in Section 10361, the holder of a mortgage or other lien on property in the decedent’s estate, including, but not limited to, a judgment lien, may commence an action to enforce the lien against the property that is subject to the lien, without first filing a claim as provided in this part, if in the complaint the holder of the lien expressly waives all recourse against other property in the estate. Section 366.2 of the Code of Civil Procedure does not apply to an action under this section. The personal representative shall have the authority to seek to enjoin any action of the lienholder to enforce a lien against property that is subject to the lien. (Amended by Stats. 1996, Ch. 862, Sec. 25. Effective January 1, 1997.)
  170. 9399.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Transitional Provision [9399- 9399.] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 4. CREDITOR CLAIMS [9000 - 9399] ( Part 4 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Claims in Litigation [9350 - 9399] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Transitional Provision [9399- 9399.] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 9399. (a) This chapter does not apply to an action commenced before July 1, 1989. (b) The applicable law in effect before July 1, 1989, continues to apply to an action commenced before July 1, 1989, notwithstanding its repeal by Chapter 1199 of the Statutes of 1988. (Enacted by Stats. 1990, Ch. 79.)
  171. 9610.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Court Supervision [9610 - 9614] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Court Supervision [9610 - 9614] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 9610. Unless this part specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this part may be exercised by the personal representative without court authorization, instruction, approval, or confirmation. Nothing in this section precludes the personal representative from seeking court authorization, instructions, approval, or confirmation. (Enacted by Stats. 1990, Ch. 79.)
  172. 9611.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Court Supervision [9610 - 9614] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Court Supervision [9610 - 9614] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 9611. (a) In all cases where no other procedure is provided by statute, upon petition of the personal representative, the court may authorize and instruct the personal representative, or approve and confirm the acts of the personal representative, in the administration, management, investment, disposition, care, protection, operation, or preservation of the estate, or the incurring or payment of costs, fees, or expenses in connection therewith. Section 9613 does not preclude a petition for instructions under this section. (b) Notice of the hearing on the petition shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  173. 9613.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Court Supervision [9610 - 9614] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Court Supervision [9610 - 9614] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 9613. (a) On petition of any interested person, and upon a showing that if the petition is not granted the estate will suffer great or irreparable injury, the court may direct the personal representative to act or not to act concerning the estate. The order may include terms and conditions the court determines are appropriate under the circumstances. (b) Notice of the hearing on the petition shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  174. 9614.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Court Supervision [9610 - 9614] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Court Supervision [9610 - 9614] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 9614. (a) On petition of an interested person, the court may suspend the powers of the personal representative in whole or in part, for a time, as to specific property or circumstances or as to specific duties of the office, or may make any other order to secure proper performance of the duties of the personal representative, if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the petitioner. Persons with whom the personal representative may transact business may be made parties. (b) The matter shall be set for hearing within 10 days unless the parties agree otherwise. Notice as the court directs shall be given to the personal representative and attorney of record, if any, and to any other parties named in the petition. (c) The court may, in its discretion, if it determines that the petition was brought unreasonably and for the purpose of hindering the personal representative in the performance of the duties of the office, assess attorney’s fees against the petitioner and make the assessment a charge against the interest of the petitioner. (Enacted by Stats. 1990, Ch. 79.)
  175. 9620.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Summary Determination of Disputes [9620 - 9621] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Summary Determination of Disputes [9620 - 9621] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 9620. If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may do either of the following: (a) Enter into an agreement in writing with the third person to refer the dispute to a temporary judge designated in the agreement. The agreement shall be filed with the clerk, who shall thereupon, with the approval of the court, enter an order referring the matter to the designated person. The temporary judge shall proceed promptly to hear and determine the matter in controversy by summary procedure, without pleadings or discovery. The decision of the designated person is subject to Section 632 of the Code of Civil Procedure. Judgment shall be entered on the decision and shall be as valid and effective as if rendered by a judge of the court in an action against the personal representative or the third person commenced by ordinary process. (b) Enter into an agreement in writing with the third person that a judge, pursuant to the agreement and with the written consent of the judge, both filed with the clerk within the time specified in Section 9353 for bringing an independent suit on the matter in dispute, may hear and determine the dispute pursuant to the procedure provided in subdivision (a). (Enacted by Stats. 1990, Ch. 79.)
  176. 9621.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Summary Determination of Disputes [9620 - 9621] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Summary Determination of Disputes [9620 - 9621] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 9621. If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may enter into an agreement in writing with the third person to submit the dispute to arbitration under Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. The agreement is not effective unless it is first approved by the court and a copy of the approved agreement is filed with the court. Notice of the hearing on the petition for approval of the agreement shall be given as provided in Section 1220. The order approving the agreement may be made ex parte. (Enacted by Stats. 1990, Ch. 79.)
  177. 9630.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Joint Personal Representatives [9630 - 9631] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Joint Personal Representatives [9630 - 9631] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 9630. (a) Subject to subdivisions (b), (c), and (d): (1) Where there are two personal representatives, both must concur to exercise a power. (2) Where there are more than two personal representatives, a majority must concur to exercise a power. (b) If one of the joint personal representatives dies or is removed or resigns, the powers and duties continue in the remaining joint personal representatives as if they were the only personal representatives until further appointment is made by the court. (c) Where joint personal representatives have been appointed and one or more are (1) absent from the state and unable to act, or (2) otherwise unable to act, or (3) legally disqualified from serving, the court may, by order made with or without notice, authorize the remaining joint personal representatives to act as to all matters embraced within its order. (d) Where there are two or more personal representatives, any of them may: (1) Oppose a petition made by one or more of the other personal representatives or by any other person. (2) Petition the court for an order requiring the personal representatives to take a specific action for the benefit of the estate or directing the personal representatives not to take a specific action. If a procedure is provided by statute for a petition to authorize the specific action by the personal representatives, the petitioner shall file the petition under the provision relating to that procedure. Otherwise, the petitioner shall file the petition under Section 9611. (Enacted by Stats. 1990, Ch. 79.)
  178. 9631.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Joint Personal Representatives [9630 - 9631] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Joint Personal Representatives [9630 - 9631] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 9631. (a) Except as provided in subdivision (b), where there is more than one personal representative, one personal representative is not liable for a breach of fiduciary duty committed by another of the personal representatives. (b) Where there is more than one personal representative, one personal representative is liable for a breach of fiduciary duty committed by another of the personal representatives under any of the following circumstances: (1) Where the personal representative participates in a breach of fiduciary duty committed by the other personal representative. (2) Where the personal representative improperly delegates the administration of the estate to the other personal representative. (3) Where the personal representative approves, knowingly acquiesces in, or conceals a breach of fiduciary duty committed by the other personal representative. (4) Where the personal representative’s negligence enables the other personal representative to commit a breach of fiduciary duty. (5) Where the personal representative knows or has information from which the personal representative reasonably should have known of the breach of fiduciary duty by the other personal representative and fails to take reasonable steps to compel the other personal representative to redress the breach. (c) The liability of a personal representative for a breach of fiduciary duty committed by another of the personal representatives that occurred before July 1, 1988, is governed by prior law and not by this section. (Enacted by Stats. 1990, Ch. 79.)
  179. 9640.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Independent Administration [9640- 9640.] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Independent Administration [9640- 9640.] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 9640. Nothing in this part limits or restricts any authority granted to a personal representative under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400)) to administer the estate under that part. (Enacted by Stats. 1990, Ch. 79.)
  180. 9645.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Transitional Provision [9645- 9645.] ( Article 6 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [9600 - 9645] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Transitional Provision [9645- 9645.] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 9645. (a) Subject to subdivisions (b) and (c), any petition or other matter filed or commenced before July 1, 1988, shall be continued under this part, so far as applicable, except where the court determines that application of a particular provision of this part would substantially interfere with the rights of the parties or other interested persons, in which case the particular provision of this part does not apply and the applicable law in effect before July 1, 1988, applies. (b) Nothing in this part affects any order, judgment, or decree made, or any action taken, before July 1, 1988. (c) Notwithstanding the enactment of this part: (1) An order, judgment, or decree made before July 1, 1988, shall continue in full force and effect in accordance with its terms or until modified or terminated by the court. (2) The validity of an order, judgment, or decree made before July 1, 1988, is determined by the applicable law in effect before July 1, 1988, and not by this part. (3) 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 part. (Enacted by Stats. 1990, Ch. 79.)
  181. 9650.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 9650. (a) Except as provided by statute and subject to subdivision (c): (1) The personal representative has the right to, and shall take possession or control of, all the property of the decedent to be administered in the decedent’s estate and shall collect all debts due to the decedent or the estate. The personal representative is not accountable for any debts that remain uncollected without his or her fault. (2) The personal representative is entitled to receive the rents, issues, and profits from the real and personal property in the estate until the estate is distributed. (b) The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in his or her possession. (c) Real property or tangible personal property may be left with or surrendered to the person presumptively entitled to it unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The person holding the property shall surrender it to the personal representative on request by the personal representative. (Enacted by Stats. 1990, Ch. 79.)
  182. 9651.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 9651. (a) A personal representative who in good faith takes into possession real or personal property, and reasonably believes that the property is part of the estate of the decedent, is not: (1) Criminally liable for so doing. (2) Civilly liable to any person for so doing. (b) The personal representative shall make reasonable efforts to determine the true nature of, and title to, the property so taken into possession. (c) During his or her possession, the personal representative is entitled to receive all rents, issues, and profits of the property. If the property is later determined not to be part of the estate of the decedent, the personal representative shall deliver the property, or cause it to be delivered, to the person legally entitled to it, together with all rents, issues, and profits of the property received by the personal representative, less any expenses incurred in protecting and maintaining the property and in collecting rents, issues, and profits. The personal representative may request court approval before delivering the property pursuant to this subdivision. (d) The court may allow the personal representative reasonable compensation for services rendered in connection with the duties specified in this section as to property later determined not to be part of the estate of the decedent, if the court makes one of the following findings: (1) The services were of benefit to the estate. If the court makes this finding, the compensation and the expenses and costs of litigation, including attorney’s fees of the attorney hired by the personal representative to handle the matter, are a proper expense of administration. (2) The services were essential to preserve, protect, and maintain the property. If the court makes this finding, the court shall award compensation and the expenses and costs of litigation, including attorney’s fees of the attorney hired by the personal representative to handle the matter, as an expense deductible from the rents, issues, and profits received by the personal representative, or, if these are insufficient, as a lien against the property. (Enacted by Stats. 1990, Ch. 79.)
  183. 9652.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 9652. (a) Except as provided in subdivisions (b) and (c), the personal representative shall keep all cash in his or her possession invested in interest-bearing accounts or other investments authorized by law. (b) The requirement of subdivision (a) does not apply to the amount of cash that is reasonably necessary for orderly administration of the estate. (c) The requirement of subdivision (a) does not apply to the extent that the testator’s will otherwise provides. (Enacted by Stats. 1990, Ch. 79.)
  184. 9653.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 9653. (a) On application of a creditor of the decedent or the estate, the personal representative shall commence and prosecute an action for the recovery of real or personal property of the decedent for the benefit of creditors if the personal representative has insufficient assets to pay creditors and the decedent during lifetime did any of the following with respect to the property: (1) Made a conveyance of the property, or any right or interest in the property, that is voidable as to creditors under 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) Made a gift of the property in view of impending death. (3) Made a direction to transfer a vehicle, undocumented vessel, manufactured home, mobilehome, commercial coach, truck camper, or floating home to a designated beneficiary on the decedent’s death pursuant to Section 18102.2 of the Health and Safety Code, or Section 5910.5 or 9916.5 of the Vehicle Code, and the property has been transferred as directed. (b) A creditor making application under this section shall pay such part of the costs and expenses of the suit and attorney’s fees, or give an undertaking to the personal representative for that purpose, as the personal representative and the creditor agree, or, absent an agreement, as the court or judge orders. (c) The property recovered under this section shall be sold for the payment of debts in the same manner as if the decedent had died seized or possessed of the property. The proceeds of the sale shall be applied first to payment of the costs and expenses of suit, including attorney’s fees, and then to payment of the debts of the decedent in the same manner as other property in possession of the personal representative. After all the debts of the decedent have been paid, the remainder of the proceeds shall be paid to the person from whom the property was recovered. The property may be sold in its entirety or in such portion as necessary to pay the debts. (Amended by Stats. 2015, Ch. 44, Sec. 27. (SB 161) Effective January 1, 2016.)
  185. 9654.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 9654. The heirs or devisees may themselves, or jointly with the personal representative, maintain an action for possession of property or to quiet title to property against any person except the personal representative. (Enacted by Stats. 1990, Ch. 79.)
  186. 9655.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 9655. With respect to a share of stock of a domestic or foreign corporation held in the estate, a membership in a nonprofit corporation held in the estate, or other property held in the estate, a personal representative may do any one or more of the following: (a) Vote in person, and give proxies to exercise, any voting rights with respect to the share, membership, or other property. (b) Waive notice of a meeting or give consent to the holding of a meeting. (c) Authorize, ratify, approve, or confirm any action which could be taken by shareholders, members, or property owners. (Enacted by Stats. 1990, Ch. 79.)
  187. 9656.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 9656. The personal representative may insure the property of the estate against damage or loss and may insure himself or herself against liability to third persons. (Enacted by Stats. 1990, Ch. 79.)
  188. 9657.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Estate Management Generally [9650 - 9657] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 9657. The personal representative shall not make profit by the increase, nor suffer loss by the decrease or destruction without his or her fault, of any part of the estate. (Enacted by Stats. 1990, Ch. 79.)
  189. 9700.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Deposit of Money and Personal Property With Financial Institutions [9700 - 9705] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Deposit of Money and Personal Property With Financial Institutions [9700 - 9705] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 9700. The personal representative may deposit money of the estate in an insured account in a financial institution in this state. Unless otherwise provided by court order, the money may be withdrawn without order of the court. (Enacted by Stats. 1990, Ch. 79.)
  190. 9701.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Deposit of Money and Personal Property With Financial Institutions [9700 - 9705] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Deposit of Money and Personal Property With Financial Institutions [9700 - 9705] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 9701. The personal representative may deposit personal property of the estate with a trust company for safekeeping. Unless otherwise provided by court order, the personal property may be withdrawn without order of the court. (Enacted by Stats. 1990, Ch. 79.)
  191. 9702.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Deposit of Money and Personal Property With Financial Institutions [9700 - 9705] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Deposit of Money and Personal Property With Financial Institutions [9700 - 9705] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 9702. (a) A trust company serving as personal representative may deposit securities that constitute all or part of the estate in a securities depository, as provided in Section 1612 of the Financial Code. (b) If securities have been deposited with a trust company by a personal representative pursuant to Section 9701, the trust company may deposit the securities in a securities depository, as provided in Section 1612 of the Financial Code. (c) The securities depository may hold securities deposited with it in the manner authorized by Section 1612 of the Financial Code. (Amended by Stats. 2014, Ch. 71, Sec. 139. (SB 1304) Effective January 1, 2015.)
  192. 9703.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Deposit of Money and Personal Property With Financial Institutions [9700 - 9705] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Deposit of Money and Personal Property With Financial Institutions [9700 - 9705] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 9703. (a) Upon application of the personal representative, the court may, with or without notice, order that money or other personal property be deposited pursuant to Section 9700 or 9701 and be subject to withdrawal only upon authorization of the court. (b) The personal representative shall deliver a copy of the court order to the financial institution or trust company at the time the deposit is made. (c) No financial institution or trust company accepting a deposit pursuant to Section 9700 or 9701 shall be on notice of the existence of an order that the money or other property is subject to withdrawal only upon authorization of the court unless it has actual notice of the order. (Enacted by Stats. 1990, Ch. 79.)
  193. 9704.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Deposit of Money and Personal Property With Financial Institutions [9700 - 9705] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Deposit of Money and Personal Property With Financial Institutions [9700 - 9705] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 9704. When an order for distribution of money or personal property deposited pursuant to this chapter is made, the financial institution, trust company, or securities depository may deliver the property directly to the distributees and shall file receipts therefor with the clerk. (Enacted by Stats. 1990, Ch. 79.)
  194. 9705.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Deposit of Money and Personal Property With Financial Institutions [9700 - 9705] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Deposit of Money and Personal Property With Financial Institutions [9700 - 9705] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 9705. (a) Subject to subdivision (b), where a trust company is a personal representative and in the exercise of reasonable judgment deposits money of the estate in an account in any department of the corporation or association of which it is a part, it is chargeable with interest thereon at the rate of interest prevailing among banks of the locality on such deposits. (b) Where it is to the advantage of the estate, the amount of cash that is reasonably necessary for orderly administration of the estate may be deposited in a checking account that does not earn interest which is maintained in a department of the corporation or association of which the trust company is a part. (Enacted by Stats. 1990, Ch. 79.)
  195. 9730.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 9730. Pending distribution of the estate, the personal representative may invest money of the estate in possession of the personal representative in any one or more of the following: (a) Direct obligations of the United States, or of the State of California, maturing not later than one year from the date of making the investment. (b) An interest in a money market mutual fund registered under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.) or an investment vehicle authorized for the collective investment of trust funds pursuant to Section 9.18 of Part 9 of Title 12 of the Code of Federal Regulations, the portfolios of which are limited to United States government obligations maturing not later than five years from the date of investment and to repurchase agreements fully collateralized by United States government obligations. (c) Units of a common trust fund described in Section 1585 of the Financial Code. The common trust fund shall have as its objective investment primarily in short term fixed income obligations and shall be permitted to value investments at cost pursuant to regulations of the appropriate regulatory authority. (Amended by Stats. 2014, Ch. 71, Sec. 140. (SB 1304) Effective January 1, 2015.)
  196. 9731.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 9731. (a) Pending distribution of the estate, upon a showing that it is to the advantage of the estate, the court may order that money of the estate in possession of the personal representative be invested in securities of the United States or of this state. (b) To obtain an order under this section, the personal representative or any interested person shall file a petition stating the types of securities that are proposed to be purchased and the advantage to the estate of the purchase. (c) Notice of the hearing on the petition shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  197. 9732.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 9732. (a) The court may order that money of the estate in possession of the personal representative be invested in any manner provided by the will if all of the following conditions are satisfied: (1) The time for filing claims has expired. (2) All debts, as defined in Section 11401, have been paid or are sufficiently secured by mortgage or otherwise, or there is sufficient cash in the estate aside from the money to be invested to pay all the debts, or the court is otherwise satisfied that all the debts will be paid. (3) The estate is not in a condition to be finally distributed. (b) To obtain an order under this section, the personal representative or any interested person shall file a petition showing the general condition of the estate and the types of investments that are proposed to be made. (c) Notice of the hearing on the petition shall be delivered as provided in Section 1220. In addition, the petitioner shall cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to all known devisees of property which is proposed to be invested. Where the property proposed to be invested is devised to a trust or trustee, notice of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the trustee or, if the trustee has not yet accepted the trust, to the person named in the will as trustee. Delivery pursuant to this subdivision shall be to the person’s last known address as provided in Section 1220. (d) If no objection has been filed by an interested person, the court may make an order authorizing or directing the personal representative to invest such portion of the money of the estate as the court deems advisable in the types of investments proposed in the petition and authorized by the will. If there is no objection by an interested person and no substantial reason why some or all of the investment powers given by the will should not be exercised, the court shall make the order. The order may be for a limited period or until the administration of the estate is completed. Upon petition of the personal representative or any interested person, the order may be renewed, modified, or terminated at any time. (Amended by Stats. 2017, Ch. 319, Sec. 76. (AB 976) Effective January 1, 2018.)
  198. 9733.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 9733. (a) Pending distribution of the estate or at the time the court makes an order for final distribution of the estate, on petition of the personal representative or any interested person, the court may, upon good cause shown, order that the personal representative purchase an annuity from an insurer admitted to do business in this state to satisfy a devise of an annuity or other direction in the will for periodic payments to a devisee. (b) Notice of the hearing on the petition shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  199. 9734.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 9734. (a) If an asset of the estate consists of an option right, the personal representative may exercise the option after authorization by order of court upon a showing that the exercise would be to the advantage of the estate and would be in the best interest of the interested persons. The personal representative may use any funds or property in the estate to acquire the property covered by the option. (b) A petition under this section may be filed by the personal representative or any interested person. (c) Notice of the hearing on the petition shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  200. 9735.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 9735. (a) After authorization by order of court, the personal representative may purchase securities or commodities required to perform an incomplete contract of sale where the decedent died having sold but not delivered securities or commodities not owned by the decedent. The court’s order shall fix the terms and conditions of purchase. (b) A petition under this section may be filed by the personal representative or by any party to the contract. Notice of the hearing on the petition shall be given as provided in Section 1220. (c) No notice of hearing need be given where the maximum purchase price is fixed or where the securities or commodities are to be purchased on an established stock, bond, or commodity exchange. (Enacted by Stats. 1990, Ch. 79.)

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