Probate Code

Part 2 of 14 · provisions 201–400

This section says the code is called the Probate Code.

Jurisdiction: United States — California
Instrument: Code
Citation: PROB
Version: Undated source snapshot
Language: en
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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

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11001.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Settlement of Account [11000 - 11005] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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All matters relating to an account may be contested for cause shown.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Settlement of Account [11000 - 11005] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11001. All matters relating to an account may be contested for cause shown, including, but not limited to: (a) The validity of an allowed or approved claim not reported in a previous account and not established by judgment. (b) The value of property for purposes of distribution. (c) Actions taken by the personal representative not previously authorized or approved by the court, subject to Section 10590 (Independent Administration of Estates Act). (Enacted by Stats. 1990, Ch. 79.)
11002.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Settlement of Account [11000 - 11005] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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The court may hold hearings, require the personal representative to appear, appoint referees to review the account, pay referees from the estate, and issue orders needed to settle the account.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Settlement of Account [11000 - 11005] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11002. (a) The court may conduct any hearing that may be necessary to settle the account, and may cite the personal representative to appear before the court for examination. (b) The court may appoint one or more referees to examine the account and make a report on the account, subject to confirmation by the court. The court may allow a reasonable compensation to the referee to be paid out of the estate. (c) The court may make any orders that the court deems necessary to effectuate the provisions of this section. (Enacted by Stats. 1990, Ch. 79.)
11003.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Settlement of Account [11000 - 11005] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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If a court finds a contest or opposition was without reasonable cause and in bad faith, it may order one side to pay the other side’s litigation costs and attorney’s fees.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Settlement of Account [11000 - 11005] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11003. (a) If the court determines that the contest was without reasonable cause and in bad faith, the court may award against the contestant the compensation and costs of the personal representative and other expenses and costs of litigation, including attorney’s fees, incurred to defend the account. The amount awarded is a charge against any interest of the contestant in the estate and the contestant is personally liable for any amount that remains unsatisfied. (b) If the court determines that the opposition to the contest was without reasonable cause and in bad faith, the court may award the contestant the costs of the contestant and other expenses and costs of litigation, including attorney’s fees, incurred to contest the account. The amount awarded is a charge against the compensation or other interest of the personal representative in the estate and the personal representative is liable personally and on the bond, if any, for any amount that remains unsatisfied. (Enacted by Stats. 1990, Ch. 79.)
11004.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Settlement of Account [11000 - 11005] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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The personal representative is allowed necessary expenses for administering the estate.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Settlement of Account [11000 - 11005] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11004. The personal representative shall be allowed all necessary expenses in the administration of the estate, including, but not limited to, necessary expenses in the care, management, preservation, and settlement of the estate. (Enacted by Stats. 1990, Ch. 79.)
11005.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Settlement of Account [11000 - 11005] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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If a debt was paid on time, but no claim was filed and established as required, the court must allow the payment only if specified conditions are proven.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Settlement of Account [11000 - 11005] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11005. If a debt has been paid within the time prescribed in Section 9154 but without a claim having been filed and established in the manner prescribed by statute, in settling the account the court shall allow the amount paid if all of the following are proven: (a) The debt was justly due. (b) The debt was paid in good faith. (c) The amount paid did not exceed the amount reasonably necessary to satisfy the indebtedness. (d) The estate is solvent. (Enacted by Stats. 1990, Ch. 79.)
11050.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Compelling Account [11050 - 11052] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )
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If a personal representative fails to file a required account, the court must compel the account by contempt punishment.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Compelling Account [11050 - 11052] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 11050. Subject to the provisions of this chapter, if the personal representative does not file a required account, the court shall compel the account by punishment for contempt. (Enacted by Stats. 1990, Ch. 79.)
11051.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Compelling Account [11050 - 11052] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )
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A personal representative who fails to file a required account must appear and explain why they should not be held in contempt; if they purposely evade personal service of the citation, they must 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 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Compelling Account [11050 - 11052] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 11051. (a) A citation shall be issued, served, and returned, requiring a personal representative who does not file a required account to appear and show cause why the personal representative should not be punished for contempt. (b) If the personal representative purposefully evades personal service of the citation, the personal representative shall be removed from office. (Enacted by Stats. 1990, Ch. 79.)
11052.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Compelling Account [11050 - 11052] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )
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If a personal representative, after being duly cited, does not appear and file a required account, the court may punish the person for contempt, remove the person from office, or do both.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Compelling Account [11050 - 11052] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 11052. If the personal representative does not appear and file a required account, after having been duly cited, the personal representative may be punished for contempt or removed from office, or both, in the discretion of the court. (Enacted by Stats. 1990, Ch. 79.)
11400.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and Preliminary Provisions [11400 - 11405] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [11400 - 11402] ( Article 1 enacted by Stats. 1990, Ch. 79. )
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The definitions in this article control how this part is interpreted, unless the provision or context requires otherwise.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and Preliminary Provisions [11400 - 11405] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [11400 - 11402] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 11400. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part. (Enacted by Stats. 1990, Ch. 79.)
11401.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and Preliminary Provisions [11400 - 11405] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [11400 - 11402] ( Article 1 enacted by Stats. 1990, Ch. 79. )
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This section defines “Debt” for estate administration.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and Preliminary Provisions [11400 - 11405] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [11400 - 11402] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 11401. “Debt” means: (a) A claim that is established under Part 4 (commencing with Section 9000) or that is otherwise payable in the course of administration. (b) An expense of administration. (c) A charge against the estate including, but not limited to, taxes, expenses of last illness, and family allowance. (Enacted by Stats. 1990, Ch. 79.)
11402.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and Preliminary Provisions [11400 - 11405] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [11400 - 11402] ( Article 1 enacted by Stats. 1990, Ch. 79. )
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This section defines “wage claim” as a decedent’s employee claim for wages up to $2,000 for work or personal services performed within 90 days before death.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and Preliminary Provisions [11400 - 11405] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Definitions [11400 - 11402] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 11402. “Wage claim” means a claim for wages, not exceeding two thousand dollars ($2,000), of each employee of the decedent for work done or personal services rendered within 90 days before the death of the decedent. (Enacted by Stats. 1990, Ch. 79.)
11405.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and Preliminary Provisions [11400 - 11405] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proceedings Commenced Before July 1, 1988 [11405- 11405.] ( Article 2 enacted by Stats. 1990, Ch. 79. )
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This section says Part 9 does not apply to estate administration proceedings 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 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions and Preliminary Provisions [11400 - 11405] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Proceedings Commenced Before July 1, 1988 [11405- 11405.] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 11405. (a) This part does not apply in any proceeding for the 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.)
11420.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [11420 - 11429] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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This section sets the order in which estate debts must be paid.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [11420 - 11429] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 11420. (a) Debts shall be paid in the following order of priority among classes of debts, except that debts owed to the United States or to this state that have preference under the laws of the United States or of this state shall be given the preference required by such laws: (1) Expenses of administration. With respect to obligations secured by mortgage, deed of trust, or other lien, including, but not limited to, a judgment lien, only those expenses of administration incurred that are reasonably related to the administration of that property by which obligations are secured shall be given priority over these obligations. (2) Obligations secured by a mortgage, deed of trust, or other lien, including, but not limited to, a judgment lien, in the order of their priority, so far as they may be paid out of the proceeds of the property subject to the lien. If the proceeds are insufficient, the part of the obligation remaining unsatisfied shall be classed with general debts. (3) Funeral expenses. (4) Expenses of last illness. (5) Family allowance. (6) Wage claims. (7) General debts, including judgments not secured by a lien and all other debts not included in a prior class. (b) Except as otherwise provided by statute, the debts of each class are without preference or priority one over another. No debt of any class may be paid until all those of prior classes are paid in full. If property in the estate is insufficient to pay all debts of any class in full, each debt in that class shall be paid a proportionate share. (Amended by Stats. 1996, Ch. 862, Sec. 33. Effective January 1, 1997.)
11421.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [11420 - 11429] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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The personal representative must pay funeral expenses, last illness expenses, family allowance, and wage claims once there are enough funds, after setting aside money for administration expenses.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [11420 - 11429] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 11421. Subject to Section 11420, as soon as the personal representative has sufficient funds, after retaining sufficient funds to pay expenses of administration, the personal representative shall pay the following: (a) Funeral expenses. (b) Expenses of last illness. (c) Family allowance. (d) Wage claims. (Enacted by Stats. 1990, Ch. 79.)
11422.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [11420 - 11429] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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A personal representative generally does not have to pay a debt until the court orders payment, subject to Section 11421.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [11420 - 11429] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 11422. (a) Except as provided in Section 11421, the personal representative is not required to pay a debt until payment has been ordered by the court. (b) On the settlement of any account of the personal representative after the expiration of four months after the date letters are first issued to a general personal representative, the court shall order payment of debts, as the circumstances of the estate permit. If property in the estate is insufficient to pay all of the debts, the order shall specify the amount to be paid to each creditor. (c) If the estate will be exhausted by the payment ordered, the account of the personal representative constitutes a final account, and notice of hearing shall be the notice given for the hearing of a final account. The personal representative is entitled to a discharge when the personal representative has complied with the terms of the order. (d) Nothing in this section precludes settlement of an account of a personal representative for payment of a debt made without prior court authorization. (Enacted by Stats. 1990, Ch. 79.)
11423.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [11420 - 11429] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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Interest on a debt starts when the court orders payment and runs until the debt is paid, but written contracts and certain tax or statutory debts use their own interest terms.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [11420 - 11429] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 11423. (a) Interest accrues on a debt from the date the court orders payment of the debt until the date the debt is paid. Interest accrues at the legal rate on judgments. (b) Notwithstanding subdivision (a), in the case of a debt based on a written contract, interest accrues at the rate and in accordance with the terms of the contract. The personal representative may, by order of the court, pay all or part of the interest accumulated and unpaid at any time when there are sufficient funds, whether the debt is then due or not. (c) Notwithstanding subdivision (a), in the case of a debt for unpaid taxes or any other debt for which interest is expressly provided by statute, interest accrues at the rate and in accordance with the terms of the statute. (Enacted by Stats. 1990, Ch. 79.)
11424.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [11420 - 11429] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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A personal representative must pay debts only to the extent allowed by the order for payment of the debt.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [11420 - 11429] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 11424. The personal representative shall pay a debt to the extent of the order for payment of the debt, and is liable personally and on the bond, if any, for failure to make the payment. (Enacted by Stats. 1990, Ch. 79.)
11428.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [11420 - 11429] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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If an estate is ready to close but a creditor cannot be found, the court may order the personal representative to deposit the debt payment with the county treasurer.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [11420 - 11429] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 11428. (a) If an estate is in all other respects ready to be closed, and it appears to the satisfaction of the court, on affidavit or evidence taken in open court, that a debt has not been and cannot be paid because the creditor cannot be found, the court or judge shall make an order fixing the amount of the payment and directing the personal representative to deposit the payment with the county treasurer of the county in which the proceeding is pending. (b) The county treasurer shall give a receipt for the deposit, for which the county treasurer is liable on the official bond. The receipt shall be treated by the court or judge in favor of the personal representative with the same force and effect as if executed by the creditor. (c) A deposit with the county treasurer under the provisions of this section shall be received, accounted for, and disposed of as provided by Section 1444 of the Code of Civil Procedure. A deposit in the State Treasury under the provisions of this section shall be deemed to be made under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil Procedure. (Enacted by Stats. 1990, Ch. 79.)
11429.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [11420 - 11429] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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An unpaid creditor generally cannot demand contribution from paid creditors or distributees after the estate accounts are settled and a payment/distribution order is made, except as allowed by Section 9392.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [11420 - 11429] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 11429. (a) Where the accounts of the personal representative have been settled and an order made for the payment of debts and distribution of the estate, a creditor who is not paid, whether or not included in the order for payment, has no right to require contribution from creditors who are paid or from distributees, except to the extent provided in Section 9392. (b) Nothing in this section precludes recovery against the personal representative personally or on the bond, if any, by a creditor who is not paid, subject to Section 9053. (Amended by Stats. 1990, Ch. 140, Sec. 14.1. Operative July 1, 1991, by Sec. 30 of Ch. 140.)
11440.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse [11440 - 11446] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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The personal representative, surviving spouse, or a beneficiary may petition for an order to allocate a debt in certain estate-debt situations, before final distribution.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse [11440 - 11446] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11440. If it appears that a debt of the decedent has been paid or is payable in whole or in part by the surviving spouse, or that a debt of the surviving spouse has been paid or is payable in whole or in part from property in the decedent’s estate, the personal representative, the surviving spouse, or a beneficiary may, at any time before an order for final distribution is made, petition for an order to allocate the debt. (Enacted by Stats. 1990, Ch. 79.)
11441.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse [11440 - 11446] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The petitioner must include specific debt-allocation information in the petition.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse [11440 - 11446] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11441. The petition shall include a statement of all of the following: (a) All debts of the decedent and surviving spouse known to the petitioner that are alleged to be subject to allocation and whether paid in whole or part or unpaid. (b) The reason why the debts should be allocated. (c) The proposed allocation and the basis for allocation alleged by the petitioner. (Enacted by Stats. 1990, Ch. 79.)
11442.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse [11440 - 11446] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If the petition shows debt allocation would be affected by certain property values and the surviving spouse has not provided an inventory and appraisal, the court must issue an order to show cause.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse [11440 - 11446] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11442. If it appears from the petition that allocation would be affected by the value of the separate property of the surviving spouse and any community property and quasi-community property not administered in the estate and if an inventory and appraisal of the property has not been provided by the surviving spouse, the court shall make an order to show cause why the information should not be provided. (Enacted by Stats. 1990, Ch. 79.)
11443.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse [11440 - 11446] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The petitioner must give notice of the hearing under Section 1220 and include a copy of the petition and any order to show cause.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse [11440 - 11446] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11443. The petitioner shall give notice of the hearing as provided in Section 1220, together with a copy of the petition and the order to show cause, if any. (Enacted by Stats. 1990, Ch. 79.)
11444.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse [11440 - 11446] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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This section lets the personal representative and surviving spouse agree on how debts are allocated, but the court must approve the agreement if it substantially protects interested persons. If there is no agreement, the court must classify each debt and allocate it under the section’s rules, though the court may make a different equitable allocation.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse [11440 - 11446] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11444. (a) The personal representative and the surviving spouse may provide for allocation by agreement and, on a determination by the court that the agreement substantially protects the rights of interested persons, the allocation provided in the agreement shall be ordered by the court. (b) In the absence of an agreement, each debt subject to allocation shall first be characterized by the court as separate or community, in accordance with the laws of the state applicable to marital dissolution proceedings. Following that characterization, the debt or debts shall be allocated as follows: (1) Separate debts of either spouse shall be allocated to that spouse’s separate property assets, and community debts shall be allocated to the spouses’ community property assets. (2) If a separate property asset of either spouse is subject to a secured debt that is characterized as that spouse’s separate debt, and the net equity in that asset available to satisfy that secured debt is less than that secured debt, the unsatisfied portion of that secured debt shall be treated as an unsecured separate debt of that spouse and allocated to the net value of that spouse’s other separate property assets. (3) If the net value of either spouse’s separate property assets is less than that spouse’s unsecured separate debt or debts, the unsatisfied portion of the debt or debts shall be allocated to the net value of that spouse’s one-half share of the community property assets. If the net value of that spouse’s one-half share of the community property assets is less than that spouse’s unsatisfied unsecured separate debt or debts, the remaining unsatisfied portion of the debt or debts shall be allocated to the net value of the other spouse’s one-half share of the community property assets. (4) If a community property asset is subject to a secured debt that is characterized as a community debt, and the net equity in that asset available to satisfy that secured debt is less than that secured debt, the unsatisfied portion of that secured debt shall be treated as an unsecured community debt and allocated to the net value of the other community property assets. (5) If the net value of the community property assets is less than the unsecured community debt or debts, the unsatisfied portion of the debt or debts shall be allocated equally between the separate property assets of the decedent and the surviving spouse. If the net value of either spouse’s separate property assets is less than that spouse’s share of the unsatisfied portion of the unsecured community debt or debts, the remaining unsatisfied portion of the debt or debts shall be allocated to the net value of the other spouse’s separate property assets. (c) For purposes of this section: (1) The net value of either spouse’s separate property asset shall refer to its fair market value as of the date of the decedent’s death, minus the date-of-death balance of any liens and encumbrances on that asset that have been characterized as that spouse’s separate debts. (2) The net value of a community property asset shall refer to its fair market value as of the date of the decedent’s death, minus the date-of-death balance of any liens and encumbrances on that asset that have been characterized as community debts. (3) In the case of a nonrecourse debt, the amount of that debt shall be limited to the net equity in the collateral, based on the fair market value of the collateral as of the date of the decedent’s death, that is available to satisfy that debt. For the purposes of this paragraph, “nonrecourse debt” means a debt for which the debtor’s obligation to repay is limited to the collateral securing the debt, and for which a deficiency judgment against the debtor is not permitted by law. (d) Notwithstanding the foregoing provisions of this section, the court may order a different allocation of debts between the decedent’s estate and the surviving spouse if the court finds a different allocation to be equitable under the circumstances. (e) Nothing contained in this section is intended to impair or affect the rights of third parties. If a personal representative or the surviving spouse incurs any damages or expense, including attorney’s fees, on account of the nonpayment of a debt that was allocated to the other party pursuant to subdivision (b), or as the result of a debt being misallocated due to fraud or intentional misrepresentation by the other party, the party incurring damages shall be entitled to recover from the other party for damages or expense deemed reasonable by the court that made the allocation. (Amended by Stats. 2001, Ch. 72, Sec. 1. Effective January 1, 2002.)
11445.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse [11440 - 11446] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

When the court makes a determination under this chapter, it must issue an order directing how the allocated amounts are paid or charged.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse [11440 - 11446] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11445. On making a determination as provided in this chapter, the court shall make an order that: (a) Directs the personal representative to make payment of the amounts allocated to the estate by payment to the surviving spouse or creditors. (b) Directs the personal representative to charge amounts allocated to the surviving spouse against any property or interests of the surviving spouse that are in the possession or control of the personal representative. To the extent that property or interests of the surviving spouse in the possession or control of the personal representative are insufficient to satisfy the allocation, the court order shall summarily direct the surviving spouse to pay the allocation to the personal representative. (Enacted by Stats. 1990, Ch. 79.)
11446.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse [11440 - 11446] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Funeral expenses and expenses of last illness must be charged to the decedent’s estate, not to the surviving spouse’s community share.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse [11440 - 11446] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11446. Notwithstanding any other statute, funeral expenses and expenses of last illness shall be charged against the estate of the decedent and shall not be allocated to, or charged against the community share of, the surviving spouse, whether or not the surviving spouse is financially able to pay the expenses and whether or not the surviving spouse or any other person is also liable for the expenses. (Enacted by Stats. 1990, Ch. 79.)
11460.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. )
Verify source ↗

This section defines when a debt is contingent, disputed, or not due.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. ) ## 11460. As used in this chapter: (a) A debt is “contingent” if it is established under Part 4 (commencing with Section 9000) in either a fixed or an uncertain amount and will become absolute on occurrence of a stated event other than the passage of time. The term includes a secured obligation for which there may be recourse against property in the estate, other than the property that is the security, if the security is insufficient. (b) A debt is “disputed” if it is a claim rejected in whole or in part under Part 4 (commencing with Section 9000) and is not barred under Section 9353 as to the part rejected. (c) A debt is “not due” if it is established under Part 4 (commencing with Section 9000) and will become due on the passage of time. The term includes a debt payable in installments. (Added by Stats. 1991, Ch. 1055, Sec. 31.)
11461.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. )
Verify source ↗

If the estate is ready to close and all other debts are paid, an interested person may petition the court, and the court may make or change orders to address a contingent, disputed, or not-yet-due debt if it later becomes due.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. ) ## 11461. When all other debts have been paid and the estate is otherwise in a condition to be closed, on petition by an interested person, the court may make or modify an order or a combination of orders under this chapter that the court in its discretion determines is appropriate to provide adequately for a debt that is contingent, disputed, or not due, if the debt becomes absolute, established, or due. Notice of the hearing on the petition shall be given as provided in Section 1220 to the creditor whose debt is contingent, disputed, or not due, as well as to the persons provided in Section 11601. (Added by Stats. 1991, Ch. 1055, Sec. 31.)
11462.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. )
Verify source ↗

If all interested persons agree and the agreement is protective and reasonable, the court must approve it.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. ) ## 11462. Notwithstanding any other provision of this chapter, if the court determines that all interested persons agree to the manner of providing for a debt that is contingent, disputed, or not due and that the agreement reasonably protects all interested persons and will not extend administration of the estate unreasonably, the court shall approve the agreement. (Added by Stats. 1991, Ch. 1055, Sec. 31.)
11463.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. )
Verify source ↗

The court may order money deposited in a financial institution for a contingent, disputed, or not-yet-due debt, and the deposit can be withdrawn only with court authorization.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. ) ## 11463. The court may order an amount deposited in a financial institution, as provided in Chapter 3 (commencing with Section 9700) of Part 5, that would be payable if a debt that is contingent, disputed, or not due, were absolute, established, or due. The order shall provide that the amount deposited is subject to withdrawal only upon authorization of the court, to be paid to the creditor when the debt becomes absolute, established, or due, or to be distributed in the manner provided in Section 11642 if the debt does not become absolute or established. (Added by Stats. 1991, Ch. 1055, Sec. 31.)
11464.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. )
Verify source ↗

The court may distribute estate property to a person who files an assumption of liability for a contingent or disputed debt, and the distributee must sign an agreement accepting limited personal liability and California jurisdiction.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. ) ## 11464. (a) The court may order property in the estate distributed to a person entitled to it under the final order for distribution, if the person files with the court an assumption of liability for a contingent or disputed debt as provided in subdivision (b). The court may impose any other conditions the court in its discretion determines are just, including that the distributee give a security interest in all or part of the property distributed or that the distributee give a bond in an amount determined by the court. (b) As a condition for an order under subdivision (a), each distributee shall file with the court a signed and acknowledged agreement assuming personal liability for the contingent or disputed debt and consenting to jurisdiction within this state for the enforcement of the debt if it becomes absolute or established. The personal liability of each distributee shall not exceed the fair market value on the date of distribution of the property received by the distributee, less the amount of liens and encumbrances. If there is more than one distributee, the personal liability of the distributees is joint and several. (c) If the debt becomes absolute or established, it may be enforced against each distributee in the same manner as it could have been enforced against the decedent if the decedent had not died. In an action based on the debt, the distributee may assert any defense, cross-complaint, or setoff that would have been available to the decedent if the decedent had not died. (d) The statute of limitations applicable to a contingent debt is tolled from the time the creditor’s claim is filed until 30 days after the order for distribution becomes final. The signing of an agreement under subdivision (b) neither extends nor revives any limitation period. (Added by Stats. 1991, Ch. 1055, Sec. 31.)
11465.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. )
Verify source ↗

A court may appoint a trustee to receive payment for a contingent, disputed, or not-yet-due debt, and the trustee must invest and later pay out the debt as ordered.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. ) ## 11465. (a) The court may order that a trustee be appointed to receive payment for a debt that is contingent, disputed, or not due. The court in determining the amount paid to the trustee shall compute the present value of the debt, giving consideration to a reasonable return on the amount to be invested. The trustee shall invest the payment in investments that would be proper for a personal representative or as authorized in the order. (b) The trustee shall pay the debt as provided in the order. On completion of payment, any excess in possession of the trustee shall be distributed in the manner provided in Section 11642. (Added by Stats. 1991, Ch. 1055, Sec. 31.)
11466.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. )
Verify source ↗

A court may order estate property distributed to a person entitled to it if that person gives a bond covering a contingent or disputed debt that later becomes absolute or established.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. ) ## 11466. The court may order property in the estate distributed to a person entitled to it under the final order for distribution, if the person gives a bond conditioned on payment by the person of the amount of a contingent or disputed debt that becomes absolute or established. The amount of the bond shall be determined by the court, not to exceed the fair market value on the date of distribution of the property received by the distributee, less the amount of liens and encumbrances. In the case of a disputed debt or in the case of a contingent debt where litigation is required to establish the contingency, the cost of the bond is recoverable from the unsuccessful party as a cost of litigation. (Added by Stats. 1991, Ch. 1055, Sec. 31.)
11467.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. )
Verify source ↗

The court may order the estate administration to continue until a contingent, disputed, or not-yet-due debt is resolved.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 9. PAYMENT OF DEBTS [11400 - 11467] ( Part 9 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Debts That are Contingent, Disputed, or Not Due [11460 - 11467] ( Chapter 4 added by Stats. 1991, Ch. 1055, Sec. 31. ) ## 11467. The court may order that the administration of the estate continue until the contingency, dispute, or passage of time of a debt that is contingent, disputed, or not due is resolved. (Added by Stats. 1991, Ch. 1055, Sec. 31.)
11600.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [11600 - 11605] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A personal representative or interested person may ask the court for a preliminary or final distribution order for 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 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [11600 - 11605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 11600. The personal representative or an interested person may petition the court under this chapter for an order for preliminary or final distribution of the decedent’s estate to the persons entitled thereto. (Enacted by Stats. 1990, Ch. 79.)
11601.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [11600 - 11605] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Notice of the hearing on the petition must be given to the listed persons, including known heirs and devisees affected by the petition, and in some cases the Attorney General or the Controller.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [11600 - 11605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 11601. Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) Each person listed in Section 1220. (b) Each known heir whose interest in the estate would be affected by the petition. (c) Each known devisee whose interest in the estate would be affected by the petition. (d) 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. (e) The Controller, if property is to be distributed to the state because there is no known beneficiary or if property is to be distributed to a beneficiary whose whereabouts is unknown. A copy of the latest account filed with the court shall be delivered to the Controller with the notice. (Amended by Stats. 2017, Ch. 319, Sec. 83. (AB 976) Effective January 1, 2018.)
11602.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [11600 - 11605] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The personal representative or any interested person may oppose the petition.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [11600 - 11605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 11602. The personal representative or any interested person may oppose the petition. (Enacted by Stats. 1990, Ch. 79.)
11603.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [11600 - 11605] ( Article 1 enacted by Stats. 1990, Ch. 79. )
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If the court finds distribution requirements are met, it must order estate distribution and identify distributees and shares; it must also handle limited/conditional property and unknown distributees.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [11600 - 11605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 11603. (a) If the court determines that the requirements for distribution are satisfied, the court shall order distribution of the decedent’s estate, or such portion as the court directs, to the persons entitled thereto. (b) The order shall: (1) Name the distributees and the share to which each is entitled. (2) Provide that property distributed subject to a limitation or condition, including, but not limited to, an option granted under Chapter 16 (commencing with Section 9960) of Part 5, is distributed to the distributees subject to the terms of the limitation or condition. (c) If the whereabouts of a distributee named in the order is unknown, the order shall provide for alternate distributees and the share to which each is entitled. The alternate distributees shall be the persons, to the extent known or reasonably ascertainable, who would be entitled under the decedent’s will or under the laws of intestate succession if the distributee named in the order had predeceased the decedent, or in the case of a devise for a charitable purpose, under the doctrine of cy pres. If the distributee named in the order does not claim the share to which the distributee is entitled within five years after the date of the order, the distributee is deemed to have predeceased the decedent for the purpose of this section and the alternate distributees are entitled to the share as provided in the order. (Amended by Stats. 2000, Ch. 17, Sec. 4.6. Effective January 1, 2001.)
11604.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [11600 - 11605] ( Article 1 enacted by Stats. 1990, Ch. 79. )
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This section lets the court review certain transfers linked to estate distributions and, if the court finds the fees or transfer process improper, refuse distribution or impose fair terms.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [11600 - 11605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 11604. (a) This section applies where distribution is to be made to any of the following persons: (1) The transferee of a beneficiary. (2) Any person other than a beneficiary under an agreement, request, or instructions of a beneficiary or the attorney in fact of a beneficiary. (b) The court on its own motion, or on motion of the personal representative or other interested person or of the public administrator, may inquire into the circumstances surrounding the execution of, and the consideration for, the transfer, agreement, request, or instructions, and the amount of any fees, charges, or consideration paid or agreed to be paid by the beneficiary. (c) The court may refuse to order distribution, or may order distribution on any terms that the court deems just and equitable, if the court finds either of the following: (1) The fees, charges, or consideration paid or agreed to be paid by a beneficiary are grossly unreasonable. (2) The transfer, agreement, request, or instructions were obtained by duress, fraud, or undue influence. (d) Notice of the hearing on the motion shall be served on the beneficiary and on the persons described in subdivision (a) at least 15 days before the hearing in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure. (Enacted by Stats. 1990, Ch. 79.)
11604.5.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [11600 - 11605] ( Article 1 enacted by Stats. 1990, Ch. 79. )
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This section regulates certain purchases of estate distribution interests and requires filing, notice, redaction, and a supporting affidavit for the written agreement to be effective.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [11600 - 11605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 11604.5. (a) This section applies when distribution from a decedent’s estate is made to a transferee for value who acquires any interest of a beneficiary in exchange for cash or other consideration. (b) For purposes of this section, a transferee for value is a person who satisfies both of the following criteria: (1) The person purchases the interest from a beneficiary for consideration pursuant to a written agreement. (2) The person, directly or indirectly, regularly engages in the purchase of beneficial interests in estates for consideration. (c) This section does not apply to any of the following: (1) A transferee who is a beneficiary of the estate or a person who has a claim to distribution from the estate under another instrument or by intestate succession. (2) A transferee who is either the registered domestic partner of the beneficiary, or is related by blood, marriage, or adoption to the beneficiary or the decedent. (3) A transaction made in conformity with the California Financing Law (Division 9 (commencing with Section 22000) of the Financial Code) and subject to regulation by the Department of Financial Protection and Innovation. (4) A transferee who is engaged in the business of locating missing or unknown heirs and who acquires an interest from a beneficiary solely in exchange for providing information or services associated with locating the heir or beneficiary. (d) A written agreement is effective only if all of the following conditions are met: (1) The executed written agreement is filed with the court not later than 30 days following the date of its execution or, if administration of the decedent’s estate has not commenced, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days prior to the hearing on the petition for final distribution. Prior to filing or serving that written agreement, the transferee for value shall redact any personally identifying information about the beneficiary, other than the name and address of the beneficiary, and any financial information provided by the beneficiary to the transferee for value on the application for cash or other consideration, from the agreement. (2) If the negotiation or discussion between the beneficiary and the transferee for value leading to the execution of the written agreement by the beneficiary was conducted in a language other than English, the beneficiary shall receive the written agreement in English, together with a copy of the agreement translated into the language in which it was negotiated or discussed. The written agreement and the translated copy, if any, shall be provided to the beneficiary. (3) The documents signed by, or provided to, the beneficiary are printed in at least 10-point type. (4) The transferee for value executes a declaration or affidavit attesting that the requirements of this section have been satisfied, and the declaration or affidavit is filed with the court within 30 days of execution of the written agreement or, if administration of the decedent’s estate has not commenced, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days prior to the hearing on the petition for final distribution. (5) Notice of the assignment is served on the personal representative or the attorney of record for the personal representative within 30 days of execution of the written agreement or, if general or special letters of administration or letters testamentary have not been issued, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days before the hearing on the petition for final distribution. (e) The written agreement shall include the following terms, in addition to any other terms: (1) The amount of consideration paid to the beneficiary. (2) A description of the transferred interest. (3) If the written agreement so provides, the amount by which the transferee for value would have its distribution reduced if the beneficial interest assigned is distributed prior to a specified date. (4) A statement of the total of all costs or fees charged to the beneficiary resulting from the transfer for value, including, but not limited to, transaction or processing fees, credit report costs, title search costs, due diligence fees, filing fees, bank or electronic transfer costs, or any other fees or costs. If all the costs and fees are paid by the transferee for value and are included in the amount of the transferred interest, then the statement of costs need not itemize any costs or fees. This subdivision shall not apply to costs, fees, or damages arising out of a material breach of the agreement or fraud by or on the part of the beneficiary. (f) A written agreement shall not contain any of the following provisions and, if any such provision is included, that provision shall be null and void: (1) A provision holding harmless the transferee for value, other than for liability arising out of fraud by the beneficiary. (2) A provision granting to the transferee for value agency powers to represent the beneficiary’s interest in the decedent’s estate beyond the interest transferred. (3) A provision requiring payment by the beneficiary to the transferee for value for services not related to the written agreement or services other than the transfer of interest under the written agreement. (4) A provision permitting the transferee for value to have recourse against the beneficiary if the distribution from the estate in satisfaction of the beneficial interest is less than the beneficial interest assigned to the transferee for value, other than recourse for any expense or damage arising out of the material breach of the agreement or fraud by the beneficiary. (g) The court on its own motion, or on the motion of the personal representative or other interested person, may inquire into the circumstances surrounding the execution of, and the consideration for, the written agreement to determine that the requirements of this section have been satisfied. (h) The court may refuse to order distribution under the written agreement, or may order distribution on any terms that the court considers equitable, if the court finds that the transferee for value did not substantially comply with the requirements of this section, or if the court finds that any of the following conditions existed at the time of transfer: (1) The fees, charges, or consideration paid or agreed to be paid by the beneficiary were grossly unreasonable. (2) The transfer of the beneficial interest was obtained by duress, fraud, or undue influence. (i) In addition to any remedy specified in this section, for any willful violation of the requirements of this section found to be committed in bad faith, the court may require the transferee for value to pay to the beneficiary up to twice the value paid for the assignment. (j) Notice of the hearing on any motion brought under this section shall be served on the beneficiary and on the transferee for value at least 15 days before the hearing in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure. (k) If the decedent’s estate is not subject to a pending court proceeding under the Probate Code in California, but is the subject of a probate proceeding in another state, the transferee for value shall not be required to submit to the court a copy of the written agreement as required under paragraph (1) of subdivision (d). If the written agreement is entered into in California or if the beneficiary is domiciled in California, that written agreement shall otherwise conform to the provisions of subdivisions (d), (e), and (f) in order to be effective. (Amended by Stats. 2022, Ch. 452, Sec. 208. (SB 1498) Effective January 1, 2023.)
11605.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [11600 - 11605] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

When a court order made under this chapter becomes final, it binds and conclusively determines the rights of all interested persons.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [11600 - 11605] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 11605. When a court order made under this chapter becomes final, the order binds and is conclusive as to the rights of all interested persons. (Enacted by Stats. 1990, Ch. 79.)
11620.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Preliminary Distribution [11620 - 11624] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A petition for preliminary distribution may not be filed until at least two months after letters are first issued to a general personal representative.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Preliminary Distribution [11620 - 11624] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 11620. A petition for an order for preliminary distribution of all, or a portion of, the share of a decedent’s estate to which a beneficiary is entitled may not be filed unless at least two months have elapsed after letters are first issued to a general personal representative. (Enacted by Stats. 1990, Ch. 79.)
11621.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Preliminary Distribution [11620 - 11624] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The court must order distribution under this article if it appears at the hearing that the distribution can be made without loss to creditors or injury to the estate or any interested person.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Preliminary Distribution [11620 - 11624] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 11621. (a) The court shall order distribution under this article if at the hearing it appears that the distribution may be made without loss to creditors or injury to the estate or any interested person. (b) The order for distribution shall be stayed until any bond required by the court is filed. (Enacted by Stats. 1990, Ch. 79.)
11622.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Preliminary Distribution [11620 - 11624] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The court must require a bond for early estate distributions, may require one after four months, and any required bond must be filed by the distributee with the court.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Preliminary Distribution [11620 - 11624] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 11622. (a) If the court orders distribution before four months have elapsed after letters are first issued to a general personal representative, the court shall require a bond. The bond shall be in the amount of the distribution. (b) If the court orders distribution after four months have elapsed after letters are first issued to a general personal representative, the court may require a bond. The bond shall be in the amount the court orders. (c) Any bond required by the court shall be given by the distributee and filed with the court. The bond shall be conditioned on payment of the distributee’s proper share of the debts of the estate, not exceeding the amount distributed. (Enacted by Stats. 1990, Ch. 79.)
11623.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Preliminary Distribution [11620 - 11624] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A personal representative may ask the court for preliminary distribution, but only with notice as required, and the court cannot skip notice unless creditor-claim time has expired.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Preliminary Distribution [11620 - 11624] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 11623. (a) Notwithstanding Section 11601, if authority is granted to administer the estate without court supervision under the Independent Administration of Estates Act, Part 6 (commencing with Section 10400): (1) The personal representative may petition the court for an order for preliminary distribution on notice as provided in Section 1220. Notwithstanding subdivision (c) of Section 1220, the court may not dispense with notice unless the time for filing creditor claims has expired. (2) The aggregate of all property distributed under this section shall not exceed 50 percent of the net value of the estate. For the purpose of this subdivision, “net value of the estate” means the excess of the value of the property in the estate, as determined by all inventories and appraisals on file with the court, over the total amount of all creditor claims and of all liens and encumbrances recorded or known to the personal representative not included in a creditor claim, excluding any estate tax lien occasioned by the decedent’s death. (b) Nothing in this section limits the authority of the personal representative to make preliminary distribution under other provisions of this chapter, whether or not authority is granted to administer the estate under the Independent Administration of Estates Act, Part 6 (commencing with Section 10400). (Amended (as amended by Stats. 1990, Ch. 710) by Stats. 1991, Ch. 82, Sec. 30.5. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
11624.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Preliminary Distribution [11620 - 11624] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The court decides how the costs of a proceeding under this article are paid, and the distributee or the estate must pay those costs in the proportions the court sets.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Preliminary Distribution [11620 - 11624] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 11624. The costs of a proceeding under this article shall be paid by the distributee or the estate in proportions determined by the court. (Enacted by Stats. 1990, Ch. 79.)
11640.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Final Distribution [11640 - 11642] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

When an estate is ready to be closed, the personal representative must petition for final distribution and the court must issue the order.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Final Distribution [11640 - 11642] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 11640. (a) When all debts have been paid or adequately provided for, or if the estate is insolvent, and the estate is in a condition to be closed, the personal representative shall file a petition for, and the court shall make, an order for final distribution of the estate. (b) The court shall hear and determine and resolve in the order all questions arising under Section 21135 (ademption by satisfaction) or Section 6409 (advancements). (c) If debts remain unpaid or not adequately provided for or if, for other reasons, the estate is not in a condition to be closed, the administration may continue for a reasonable time, subject to Chapter 1 (commencing with Section 12200) of Part 11 (time for closing estate). (Amended by Stats. 2002, Ch. 138, Sec. 9. Effective January 1, 2003.)
11641.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Final Distribution [11640 - 11642] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

After a final account and final distribution order is entered, the personal representative may immediately distribute estate property to the persons entitled to it, without further notice or proceedings.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Final Distribution [11640 - 11642] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 11641. When an order settling a final account and for final distribution is entered, the personal representative may immediately distribute the property in the estate to the persons entitled to distribution, without further notice or proceedings. (Enacted by Stats. 1990, Ch. 79.)
11642.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Final Distribution [11640 - 11642] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Property found after a final distribution order must be distributed according to the order, or by the court’s later instructions if the order does not cover it.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Order for Distribution [11600 - 11642] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Final Distribution [11640 - 11642] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 11642. Any property acquired or discovered after the court order for final distribution is made shall be distributed in the following manner: (a) If the order disposes of the property, distribution shall be made in the manner provided in the order. The court may, in an appropriate case, require a supplemental account and make further instructions relating to the property. (b) If the order does not dispose of the property, distribution shall be made either (1) in the manner ordered by the court on a petition for instructions or (2) under Section 12252 (administration after discharge) if the personal representative has been discharged. (Enacted by Stats. 1990, Ch. 79.)
11700.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Determination of Persons Entitled to Distribution [11700 - 11705] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The personal representative or a claimed beneficiary may ask the court to determine who is entitled to distribute the estate, and the petition must state the basis for the claim.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Determination of Persons Entitled to Distribution [11700 - 11705] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 11700. At any time after letters are first issued to a general personal representative and before an order for final distribution is made, the personal representative, or any person claiming to be a beneficiary or otherwise entitled to distribution of a share of the estate, may file a petition for a court determination of the persons entitled to distribution of the decedent’s estate. The petition shall include a statement of the basis for the petitioner’s claim. (Enacted by Stats. 1990, Ch. 79.)
11701.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Determination of Persons Entitled to Distribution [11700 - 11705] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Notice of the hearing on the petition must be given, following Section 1220, to listed persons.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Determination of Persons Entitled to Distribution [11700 - 11705] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 11701. Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) Each person listed in Section 1220. (b) Each known heir whose interest in the estate would be affected by the petition. (c) Each known devisee whose interest in the estate would be affected by the petition. (d) 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. (Enacted by Stats. 1990, Ch. 79.)
11702.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Determination of Persons Entitled to Distribution [11700 - 11705] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Interested persons may appear and file a written statement about their interest in the estate at or before the hearing.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Determination of Persons Entitled to Distribution [11700 - 11705] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 11702. (a) Any interested person may appear and, at or before the time of the hearing, file a written statement of the person’s interest in the estate. The written statement may be in support of, or in opposition to, the petition. No other pleadings are necessary and the written statement of each claimant shall be deemed denied by each of the other claimants to the extent the written statements conflict. (b) If a person fails timely to file a writen statement: (1) The case is at issue notwithstanding the failure and the case may proceed on the petition and written statements filed by the time of the hearing, and no further pleadings by other persons are necessary. (2) The person may not participate further in the proceeding for determination of persons entitled to distribution, but the person’s interest in the estate is not otherwise affected. (3) The person is bound by the decision in the proceeding. (Enacted by Stats. 1990, Ch. 79.)
11703.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Determination of Persons Entitled to Distribution [11700 - 11705] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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The Attorney General is treated as a person entitled to distribution of an estate when the estate involves certain charitable or escheat-related situations.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Determination of Persons Entitled to Distribution [11700 - 11705] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 11703. The Attorney General shall be deemed to be a person entitled to distribution of the estate for purposes of this chapter if the estate involves or may involve any of the following: (a) A charitable trust, other than a charitable trust with a designated trustee that may lawfully accept the trust. (b) A devise for a charitable purpose without an identified beneficiary. (c) An escheat to the State of California. (Enacted by Stats. 1990, Ch. 79.)
11704.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Determination of Persons Entitled to Distribution [11700 - 11705] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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The court must treat certain filings as evidence, reject late petitions, and may let the personal representative մասնակցate if good cause is shown.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Determination of Persons Entitled to Distribution [11700 - 11705] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 11704. (a) The court shall consider as evidence in the proceeding any statement made in a petition filed under Section 11700 and any statement of interest filed under Section 11702. The court shall not hear or consider a petition filed after the time prescribed in Section 11700. (b) (1) The personal representative may petition the court for authorization to participate, as necessary to assist the court, in the proceeding. Notice of the hearing on the petition shall be given to the persons identified in Section 11701 in the manner provided in Section 1220. (2) The court may grant or deny this petition, in whole or in part, on the pleadings, without an evidentiary hearing or further discovery. A petition filed pursuant to this subdivision may be granted only upon a showing of good cause. The court shall determine the manner and capacity in which the personal representative may provide assistance in the proceeding. The court may direct the personal representative to file papers as a party to the proceeding, or to take other specified action, if deemed by the court to be necessary to assist the court. (Amended by Stats. 2013, Ch. 84, Sec. 1. (AB 1160) Effective January 1, 2014.)
11705.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Determination of Persons Entitled to Distribution [11700 - 11705] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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The court must issue an order determining who is entitled to receive the decedent’s estate and what shares they get.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Determination of Persons Entitled to Distribution [11700 - 11705] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 11705. (a) The court shall make an order that determines the persons entitled to distribution of the decedent’s estate and specifies their shares. (b) When the court order becomes final it binds and is conclusive as to the rights of all interested persons. (Enacted by Stats. 1990, Ch. 79.)
11750.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Distribution of Property in Estate [11750 - 11754] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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The personal representative must distribute estate property according to the court’s distribution order. A distributee may demand, sue for, and recover property they are entitled to receive.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Distribution of Property in Estate [11750 - 11754] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11750. (a) The personal representative is responsible for distribution of the property in the estate in compliance with the terms of the court order for distribution. (b) A distributee may demand, sue for, and recover from the personal representative or any person in possession, property to which the distributee is entitled. (c) A distribution of property made in compliance with the terms of the court order for distribution is valid as to a person acting in good faith and for a valuable consideration. (Enacted by Stats. 1990, Ch. 79.)
11751.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Distribution of Property in Estate [11750 - 11754] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A personal representative must get the distributee’s receipt for distributed estate property, and for real property must record the court order or deed in the county where the property is located.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Distribution of Property in Estate [11750 - 11754] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11751. The personal representative shall obtain the receipt of the distributee for property in the estate distributed by the personal representative. In the case of real property, the personal representative shall record the court order for distribution or the personal representative’s deed or both in the county in which the real property is located. Recordation of the order or deed is deemed to be a receipt of the distributee for the property. (Enacted by Stats. 1990, Ch. 79.)
11752.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Distribution of Property in Estate [11750 - 11754] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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If a distributee holds personal property for life only, the personal representative must demand an inventory, file it with the court, and give a copy to any remainder distributee.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Distribution of Property in Estate [11750 - 11754] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11752. If personal property in the possession of a distributee is subject to possession by the distributee for life only, the personal representative shall demand an inventory of the property from the distributee. On receipt, the personal representative shall file the inventory with the court and deliver a copy to any distributee of the remainder. (Enacted by Stats. 1990, Ch. 79.)
11753.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Distribution of Property in Estate [11750 - 11754] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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If the personal representative distributes property in compliance with the court order, they are entitled to a full discharge for the property covered by the order. The personal representative must also file receipts for estate property, and for real property must file recording details for the distribution order or deed. The court may excuse a missing receipt if the representative made reasonable efforts to get one and the property was delivered to or is held by the distributee.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Distribution of Property in Estate [11750 - 11754] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11753. (a) Distribution in compliance with the court order entitles the personal representative to a full discharge with respect to property included in the order. (b) The personal representative shall, before or at the time of the petition for discharge, file receipts for all property in the estate. In the case of real property, the personal representative shall file a statement that identifies the date and place of the recording and other appropriate recording information for the court order for distribution or the personal representative’s deed. (c) The court may excuse the filing of a receipt on a showing that the personal representative is unable, after reasonable effort, to obtain a receipt and that the property has been delivered to or is in the possession of the distributee. (Enacted by Stats. 1990, Ch. 79.)
11754.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Distribution of Property in Estate [11750 - 11754] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Estate administration expenses include reasonable storage, delivery, and shipping costs for distributing tangible personal property to a distributee.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Distribution of Property in Estate [11750 - 11754] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11754. Expenses of administration of the estate shall include reasonable storage, delivery, and shipping costs for distribution of tangible personal property to a distributee. (Added by Stats. 1994, Ch. 806, Sec. 34. Effective January 1, 1995.)
11801.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Deceased Distributee [11801 - 11802] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A beneficiary’s share is distributed as if the beneficiary were alive, unless the will says the beneficiary only takes if alive at distribution and the beneficiary does not survive that time.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Deceased Distributee [11801 - 11802] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 11801. (a) Except as provided in subdivision (b), the share in a decedent’s estate of a beneficiary who survives the decedent but who dies before distribution shall be distributed under this chapter with the same effect as though the distribution were made to the beneficiary while living. (b) Subject to Section 21525, distribution may not be made under this chapter if the decedent’s will provides that the beneficiary is entitled to take under the will only if the beneficiary survives the date of distribution or other period stated in the will and the beneficiary fails to survive the date of distribution or other period. (Enacted by Stats. 1990, Ch. 79.)
11802.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Deceased Distributee [11801 - 11802] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If a beneficiary meets Section 11801, the beneficiary’s share must be distributed under this section’s rules.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Deceased Distributee [11801 - 11802] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 11802. If a beneficiary satisfies the requirement of Section 11801, the beneficiary’s share in the decedent’s estate shall be distributed as follows: (a) Except as otherwise provided in this section, distribution shall be made to the personal representative of the estate of the beneficiary for the purpose of administration in the estate of the beneficiary. (b) If the beneficiary was issue of the decedent and died intestate while under the age of majority and not having been emancipated, distribution shall be made directly to the heirs of the beneficiary without administration in the estate of the beneficiary. (c) If a person entitled to the beneficiary’s share proceeds under Division 8 (commencing with Section 13000) (disposition of estate without administration), distribution shall be made under Division 8. (Enacted by Stats. 1990, Ch. 79.)
11850.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Deposit with County Treasurer [11850 - 11854] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A personal representative may deposit distributable property with the county treasurer in certain cases, but a deposit under this subdivision cannot be made except on court order.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Deposit with County Treasurer [11850 - 11854] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 11850. Subject to Section 11851, the personal representative may deposit property to be distributed with the county treasurer of the county in which the proceedings are pending in the name of the distributee in any of the following cases: (a) The property remains in the possession of the personal representative unclaimed or the whereabouts of the distributee is unknown. (b) The distributee refuses to give a receipt for the property. (c) The distributee is a minor or incompetent person who has no guardian, conservator, or other fiduciary to receive the property or person authorized to give a receipt for the property. (d) For any other reason the property cannot be distributed, and the personal representative desires discharge. Notwithstanding Section 11851, deposit may not be made under this subdivision except on court order. (Enacted by Stats. 1990, Ch. 79.)
11851.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Deposit with County Treasurer [11850 - 11854] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A personal representative may deposit money with the county treasurer, but may not deposit other personal property except by court order.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Deposit with County Treasurer [11850 - 11854] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 11851. (a) If property authorized by Section 11850 to be deposited with the county treasurer consists of money, the personal representative may deposit the money. (b) If property authorized by Section 11850 to be deposited with the county treasurer consists of personal property other than money, the personal representative may not deposit the personal property except on court order. If it appears to the court that sale is for the benefit of interested persons, the court shall order the personal property sold, and the proceeds of sale, less expenses of sale allowed by the court, shall be deposited in the county treasury. If it appears to the court that sale is not for the benefit of interested persons, the court shall order the personal property deposited with the Controller, to be held subject to the provisions of Chapter 6 (commencing with Section 11900). (Enacted by Stats. 1990, Ch. 79.)
11852.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Deposit with County Treasurer [11850 - 11854] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
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The county treasurer must give a receipt for deposits made under this chapter and is liable on the county treasurer’s official bond for the deposited money.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Deposit with County Treasurer [11850 - 11854] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 11852. The county treasurer shall give a receipt for a deposit made under this chapter and is liable on the official bond of the county treasurer for the money deposited. The receipt has the same effect as if executed by the distributee. (Enacted by Stats. 1990, Ch. 79.)
11853.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Deposit with County Treasurer [11850 - 11854] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
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If money is deposited with the county treasurer, the personal representative must deliver a certified copy of the order for distribution to the county treasurer.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Deposit with County Treasurer [11850 - 11854] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 11853. If money is deposited or is already on deposit with the county treasurer, the personal representative shall deliver to the county treasurer a certified copy of the order for distribution. (Enacted by Stats. 1990, Ch. 79.)
11854.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Deposit with County Treasurer [11850 - 11854] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A person may claim money held in the county treasury by filing a petition with the court that issued the distribution order.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Deposit with County Treasurer [11850 - 11854] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 11854. (a) A person may claim money on deposit in the county treasury by filing a petition with the court that made the order for distribution. The petition shall show the person’s claim or right to the property. Unless the petition is filed by the person named in the decree for distribution of a decedent’s estate, or the legal representative of the person or the person’s estate, the petition shall state the facts required to be stated in a petition for escheated property filed under Section 1355 of the Code of Civil Procedure. On the filing of the petition, the same proceedings shall be had as are required by that section, except that the hearing shall be ex parte unless the court orders otherwise. (b) If so ordered by the court, a copy of the petition shall be served on the Attorney General. The Attorney General may answer the petition, at the Attorney General’s discretion. (c) If the court is satisfied that the claimant has a right to the property claimed, the court shall make an order establishing the right. On presentation of a certified copy of the order, the county auditor shall draw a warrant on the county treasurer for the amount of money covered by the order. (d) A claim for money distributed in the estate of a deceased person made after the deposit of the property in the State Treasury is governed by the provisions of Chapter 3 (commencing with Section 1335) of Title 10 of Part 3 of the Code of Civil Procedure. (Amended by Stats. 1994, Ch. 806, Sec. 35. Effective January 1, 1995.)
11900.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Distribution to State [11900 - 11904] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
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The court must send property not distributed to known beneficiaries to the state, and should convert real or tangible personal property into money before that distribution when practicable.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Distribution to State [11900 - 11904] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 11900. (a) The court shall order property that is not ordered distributed to known beneficiaries to be distributed to the state. (b) Insofar as practicable, any real property or tangible personal property shall be converted to money before distribution to the state. (Enacted by Stats. 1990, Ch. 79.)
11901.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Distribution to State [11900 - 11904] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If a court orders estate property distributed to the state, and the order uses trust language for unknown or unidentified persons as a class, the property vests in the state with both legal and equitable title.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Distribution to State [11900 - 11904] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 11901. If the court orders distribution of property in the decedent’s estate to the state, and the order includes words that otherwise create a trust in favor of unknown or unidentified persons as a class, the distribution shall vest in the state both legal and equitable title to the property. (Enacted by Stats. 1990, Ch. 79.)
11902.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Distribution to State [11900 - 11904] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

If a court orders distribution to the state, the personal representative must promptly deliver money to the State Treasurer, deliver other personal property to the Controller, record the order in each county where real property is located, and give the Controller a certified copy plus recording details.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Distribution to State [11900 - 11904] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 11902. (a) If the court orders distribution to the state, the personal representative shall promptly: (1) Deliver any money to the State Treasurer. (2) Deliver any personal property other than money to the Controller for deposit in the State Treasury. (3) Cause a certified copy of the order to be recorded in the office of the county recorder of each county in which any real property is located. (b) At the time of making a delivery of property or recordation under this section, the personal representative shall deliver to the Controller a certified copy of the order for distribution together with a statement of the date and place of each recording and other appropriate recording information. (Enacted by Stats. 1990, Ch. 79.)
11903.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Distribution to State [11900 - 11904] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The Treasurer must hold property distributed to the state for five years, and anyone may claim it during that period.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Distribution to State [11900 - 11904] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 11903. (a) Property distributed to the state shall be held by the Treasurer for a period of five years from the date of the order for distribution, within which time any person may claim the property in the manner provided by Title 10 (commencing with Section 1300) of Part 3 of the Code of Civil Procedure. (b) A person who does not claim the property within the time prescribed in this section is forever barred, and the property vests absolutely in the state, subject to the provisions of Title 10 (commencing with Section 1300) of Part 3 of the Code of Civil Procedure. (Enacted by Stats. 1990, Ch. 79.)
11904.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Distribution to State [11900 - 11904] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A personal representative must not place certain estate property in the county treasury if other estate property is being or has been distributed to the state; instead, that property must be sent promptly to the State Treasurer or Controller.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Distribution to State [11900 - 11904] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 11904. No deposit of property in an estate shall be made in the county treasury by a personal representative if any other property in the estate is to be or has been distributed to the state under this chapter, but the property that would otherwise be deposited in the county treasury shall be transmitted promptly to the State Treasurer or Controller as provided in this chapter. (Enacted by Stats. 1990, Ch. 79.)
11950.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Partition or Allotment of Property [11950 - 11956] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )
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If two or more beneficiaries share undivided interests in property and have not agreed on a division, any beneficiary or the personal representative may ask the court to divide the property fairly and avoid undivided interests.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Partition or Allotment of Property [11950 - 11956] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 11950. (a) If two or more beneficiaries are entitled to the distribution of undivided interests in property and have not agreed among themselves to a partition, allotment, or other division of the property, any of them, or the personal representative at the request of any of them, may petition the court to make a partition, allotment, or other division of the property that will be equitable and will avoid the distribution of undivided interests. (b) A proceeding under this chapter is limited to interests in the property that are subject to administration and does not include other interests except to the extent the owners of other interests in the property consent to be bound by the partition, allotment, or other division. (Enacted by Stats. 1990, Ch. 79.)
11951.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Partition or Allotment of Property [11950 - 11956] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )
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A petition to partition or allot property may be filed before the distribution order becomes final, and it must describe the property and the undivided interests and name the persons claiming them.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Partition or Allotment of Property [11950 - 11956] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 11951. (a) A petition under this chapter may be filed at any time before an order for distribution of the affected property becomes final. (b) The petition shall: (1) Describe the property. (2) State the names of the persons having or claiming undivided interests. (3) Describe the undivided interests, so far as known to the petitioner. (Enacted by Stats. 1990, Ch. 79.)
11952.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Partition or Allotment of Property [11950 - 11956] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )
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The hearing notice must be given to the personal representative and persons entitled to distribution of the undivided interests, and those persons are treated as parties at the hearing.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Partition or Allotment of Property [11950 - 11956] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 11952. (a) Notice of the hearing on the petition shall be given as provided in Section 1220 to the personal representative and to the persons entitled to distribution of the undivided interests. (b) At the hearing the persons entitled to distribution of the undivided interests shall be considered the parties to the proceeding whether or not they have appeared or filed a responsive pleading. No one shall be considered as a plaintiff or as a defendant. (c) Any objection to the jurisdiction of the court shall be made and resolved in the manner prescribed in Part 19 (commencing with Section 850) of Division 2. (Amended by Stats. 2003, Ch. 32, Sec. 12. Effective January 1, 2004.)
11953.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Partition or Allotment of Property [11950 - 11956] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )
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The court must divide estate property so each party gets a share matching their interest; it may order a sale instead if that is more equitable and the property cannot be conveniently allotted, and parties may agree to take undivided interests.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Partition or Allotment of Property [11950 - 11956] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 11953. (a) The court shall partition, allot, or otherwise divide the property so that each party receives property with a value proportionate to the value of the party’s interest in the whole. (b) The court may direct the personal representative to sell property where, under the circumstances, sale would be more equitable than partition and where the property cannot conveniently be allotted to any one party. The sale shall be conducted in the same manner as other sales made during administration of an estate. (c) Any two or more parties may agree to accept undivided interests. (Enacted by Stats. 1990, Ch. 79.)
11954.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Partition or Allotment of Property [11950 - 11956] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )
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A court may appoint one or three referees to partition property if a party requests it, and the referees and court have powers and duties tied to partition actions under Title 10.5.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Partition or Allotment of Property [11950 - 11956] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 11954. (a) The court, in its discretion, may appoint one or three referees to partition property capable of being partitioned, if requested to do so by a party. The number of referees appointed must conform to the request of at least one of the parties. (b) The referees shall have the powers and perform the duties of referees in, and the court shall have the same powers with respect to their report as in, partition actions under Title 10.5 (commencing with Section 872.010) of Part 2 of the Code of Civil Procedure. (Enacted by Stats. 1990, Ch. 79.)
11955.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Partition or Allotment of Property [11950 - 11956] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )
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The court must equitably apportion partition expenses among the parties, and each party must pay their own attorney’s fees.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Partition or Allotment of Property [11950 - 11956] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 11955. The expenses of partition shall be equitably apportioned by the court among the parties, but each party must pay the party’s own attorney’s fees. The amount charged to each party shall be included and specified in the order and, to the extent unpaid, constitutes a lien on the property allotted to the party. (Enacted by Stats. 1990, Ch. 79.)
11956.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Partition or Allotment of Property [11950 - 11956] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A court’s partition, allotment, or other division controls the distribution proceeding unless it is modified for good cause on reasonable notice.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Partition or Allotment of Property [11950 - 11956] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 11956. (a) The partition, allotment, or other division made by the court shall control in proceedings for distribution, unless modified for good cause on reasonable notice. (b) The proceedings leading to the partition, allotment, or other division may be reviewed on appeal from the order for distribution. (Enacted by Stats. 1990, Ch. 79.)
12.
## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. )
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This provision says “shall” means mandatory and “may” means permissive.

## 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. ) ## 12. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1990, Ch. 79.)
120.
## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 2. SURVIVING SPOUSE'S RIGHT IN CALIFORNIA REAL PROPERTY OF NONDOMICILIARY DECEDENT [120- 120.] ( Part 2 enacted by Stats. 1990, Ch. 79. )
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A surviving spouse may elect to take a portion of California real property, or an interest in it, against the decedent’s will if the decedent died not domiciled in California and the property is not community property.

## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 2. SURVIVING SPOUSE'S RIGHT IN CALIFORNIA REAL PROPERTY OF NONDOMICILIARY DECEDENT [120- 120.] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 120. If a married person dies not domiciled in this state and leaves a valid will disposing of real property in this state which is not the community property of the decedent and the surviving spouse, the surviving spouse has the same right to elect to take a portion of or interest in such property against the will of the decedent as though the property were located in the decedent’s domicile at death. (Enacted by Stats. 1990, Ch. 79.)
1200.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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This section says Part 2 governs notices under the code, except where a specific provision conflicts with it or where the notice was given before July 1, 1991.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1200. (a) Except as otherwise provided in this code, this part governs notice required or permitted under this code. (b) This part does not apply to notice under a particular provision to the extent that the particular provision is inconsistent with this part. (c) This part does not apply to the giving of a particular notice where the notice was delivered, mailed, posted, or first published before July 1, 1991. The applicable law in effect before July 1, 1991, continues to apply to the giving of that notice, notwithstanding its repeal. (Enacted by Stats. 1990, Ch. 79.)
12000.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )
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This chapter applies unless the testator’s intention is otherwise stated in the will.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 12000. The provisions of this chapter apply where the intention of the testator is not otherwise indicated by the will. (Enacted by Stats. 1990, Ch. 79.)
12001.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )
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If interest is payable under this chapter, the interest rate is set at three percentage points below the legal judgment rate one year after the testator’s death, and it is not recomputed later if that rate changes.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 12001. If interest is payable under this chapter, the rate of interest is three percentage points less than the legal rate on judgments in effect one year after the date of the testator’s death and shall not be recomputed in the event of a change in the applicable rate thereafter. (Amended by Stats. 1992, Ch. 871, Sec. 14. Effective January 1, 1993.)
12002.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )
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A specific devise usually does not earn interest, but the devisee can receive income and, in some cases, interest on sale proceeds under the section’s rules.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 12002. (a) Except as provided in this section, a specific devise does not bear interest. (b) A specific devise carries with it income on the devised property from the date of death, less expenses attributable to the devised property during administration of the estate. For purposes of this section, expenses attributable to property are expenses that result directly from the use or ownership of the property, including property tax and tax on the income from the property, but excluding estate and generation-skipping transfer taxes. (c) If income of specifically devised property is not sufficient to pay expenses attributable to the property, the deficiency shall be paid out of the estate until the property is distributed to the devisee or the devisee takes possession of or occupies the property, whichever occurs first. To the extent a deficiency paid out of the estate is attributable to the period that commences one year after the testator’s death, whether paid during or after expiration of the one year period following the date of death, the amount paid is a charge against the share of the devisee, and the personal representative has an equitable lien on the specifically devised property as against the devisee in the amount paid. (d) If specifically devised property is sold during administration of the estate, the devisee is entitled to the net income from the property until the date of sale, and to interest on the net sale proceeds thereafter, but no interest accrues during the first year after the testator’s death. (Enacted by Stats. 1990, Ch. 79.)
12003.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )
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If a general pecuniary devise is not distributed within one year after the testator’s death, it bears interest after that time.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 12003. If a general pecuniary devise, including a general pecuniary devise in trust, is not distributed within one year after the testator’s death, the devise bears interest thereafter. (Enacted by Stats. 1990, Ch. 79.)
12004.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )
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An annuity starts when the testator dies and is paid at the end of the stated period.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 12004. (a) An annuity commences at the testator’s death and shall be paid at the end of the annual, monthly, or other specified period. (b) If an annuity is not paid at the end of the specified period, it bears interest thereafter, but no interest accrues during the first year after the testator’s death. (Enacted by Stats. 1990, Ch. 79.)
12005.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )
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A devisee for maintenance is entitled to interest on unpaid accumulated payments held by the personal representative, calculated from each anniversary of the testator’s death.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 12005. A devisee of a devise for maintenance is entitled to interest on the amount of any unpaid accumulations of the payments held by the personal representative on each anniversary of the testator’s death, computed from the date of the anniversary. (Enacted by Stats. 1990, Ch. 79.)
12006.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )
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Net income received during estate administration must be distributed pro rata as income to qualifying distributees, and a life tenant or term-of-years tenant receives that share.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 12006. Net income received during administration not paid under other provisions of this chapter and not otherwise devised shall be distributed pro rata as income among all distributees who receive either residuary or intestate property. If a distributee takes for life or for a term of years, the pro rata share of income belongs to the tenant for life or for the term of years. (Enacted by Stats. 1990, Ch. 79.)
12007.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )
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This chapter does not apply if the decedent died before July 1, 1989.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 10. DISTRIBUTION OF ESTATE [11600 - 12007] ( Part 10 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Interest and Income Accruing During Administration [12000 - 12007] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 12007. This chapter does not apply in cases where the decedent died before July 1, 1989. In cases where the decedent died before July 1, 1989, the applicable law in effect before July 1, 1989, continues to apply. (Enacted by Stats. 1990, Ch. 79.)
1201.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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A person who must give notice does not have to give that notice to themselves or to anyone who joins the petition.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1201. If a person is required to give notice, the person required to give the notice need not give the notice to himself or herself or to any other person who joins in the petition. (Enacted by Stats. 1990, Ch. 79.)
1202.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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If the court finds the required notice is insufficient, it may order additional notice or a longer notice period.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1202. Where the court determines that the notice otherwise required is insufficient in the particular circumstances, the court may require that further or additional notice, including a longer period of notice, be given. (Enacted by Stats. 1990, Ch. 79.)
1203.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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The court may shorten the time for giving notice of hearing for good cause, but it may not shorten the time for publication of notice of hearing unless the governing provision allows it.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1203. (a) Subject to subdivision (b), unless the particular provision governing the notice of hearing provides that the time for giving notice may not be shortened, the court may, for good cause, shorten the time for giving a notice of hearing. (b) Unless the particular provision governing the publication of notice of hearing otherwise provides, the court may not shorten the time for publication of notice of hearing. (Amended by Stats. 1991, Ch. 82, Sec. 2.5. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
1204.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A person may waive notice by filing a signed writing in the proceeding.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1204. A person, including a guardian ad litem, guardian, conservator, trustee, or other fiduciary, may waive notice by a writing signed by the person or the person’s attorney and filed in the proceeding. (Enacted by Stats. 1990, Ch. 79.)
1205.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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If a hearing is continued or postponed, no further notice is required unless the court orders it.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1205. If a hearing is continued or postponed, no further notice of the continued or postponed hearing is required unless ordered by the court. (Enacted by Stats. 1990, Ch. 79.)
1206.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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If notice must be given to known heirs or devisees, it must be given to the listed persons, unless the person’s interest has already been satisfied by court order or written receipt.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1206. (a) Subject to subdivision (b), where notice is required to be given to known heirs or known devisees, notice shall be given to the following persons: (1) If the estate is an intestate estate, to the heirs named in the petition for letters of administration and to any additional heirs who become known to the person giving the notice prior to the giving of the notice. (2) If the estate is a testate estate, to the devisees named in the petition for probate of the will and to any additional devisees who become known to the person giving the notice prior to the giving of the notice. (b) Notice need not be given to a person under subdivision (a) if the person’s interest has been satisfied pursuant to court order or as evidenced by the person’s written receipt. (Enacted by Stats. 1990, Ch. 79.)
1207.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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A person who must give notice to a decedent’s beneficiaries, devisees, or heirs does not have to give notice to certain stepchildren or foster children who may qualify as heirs or devisees, unless the notice giver actually knows facts triggering the parent-child relationship rule in Section 6454.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1207. (a) Subject to subdivision (b), where notice is required to be given to a decedent’s beneficiaries, devisees, or heirs, notice need not be given to a person who, because of a possible parent-child relationship between a stepchild and a stepparent or between a foster child and a foster parent, may be (1) an heir of the decedent or (2) a member of a class to which a devise is made. (b) Subdivision (a) does not apply where the person required to give the notice has actual knowledge of facts that a person would reasonably believe give rise under Section 6454 to the parent-child relationship between the stepchild and the stepparent or between the foster child and the foster parent. (Amended by Stats. 1993, Ch. 529, Sec. 1. Effective January 1, 1994.)
1208.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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In some trust-notice situations, notice to trust beneficiaries is not required; instead, notice must go to specified persons when the personal representative and trustee are the same person, or when no trustee has been appointed.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1208. (a) Except as provided in subdivision (b), if notice is required to be given to a trust or trustee, notice to trust beneficiaries is not required. (b) Subject to subdivision (c), where the personal representative and the trustee are the same person, or where no trustee has been appointed, notice shall be given to (1) each person to whom income or principal would be required or authorized in the trustee’s discretion to be currently distributed if the trust were in effect, or (2) if there are no such persons, to each person who, under the terms of the trust, would be entitled to any distribution if the trust were terminated at the time the notice is required to be given. (c) Notice to trust beneficiaries is not required under subdivision (b) where the trust has more than one trustee and notice is given to a cotrustee who is not a personal representative. (Amended by Stats. 1995, Ch. 730, Sec. 2. Effective January 1, 1996.)
1209.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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If notice must be given to the State of California or the Attorney General, this section directs that notice to the Attorney General and requires delivery under Section 1215 at the Attorney General’s Sacramento office. It also says the Attorney General does not lose the right to object to a proposed settlement affecting a charitable gift by missing certain dispute-resolution proceedings.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1209. (a) If notice is required to be given to the State of California, the notice shall be given to the Attorney General. (b) If notice is required to be given to the Attorney General, the notice shall be delivered pursuant to Section 1215 to the Attorney General at the office of the Attorney General in Sacramento, California. (c) The Attorney General does not waive the right to object to a proposed settlement that adversely impacts a charitable gift by failing to appear at a mediation, a mandatory settlement conference, or other court-ordered alternative dispute resolution proceeding related to the settlement. (Amended by Stats. 2024, Ch. 853, Sec. 29. (AB 3281) Effective January 1, 2025.)
1210.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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If an interested person has an in-state guardian or conservator of the estate, serving that guardian or conservator with notice or process about the decedent’s estate counts as service on the ward or conservatee; the guardian or conservator must protect the person’s interests and may appear and waive certain items.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1210. If an interested person has a guardian or conservator of the estate who resides in this state, personal service on the guardian or conservator of any process, notice, or court order concerning a decedent’s estate is equivalent to service on the ward or conservatee, and it is the duty of the guardian or conservator to attend to the interests of the ward or conservatee in the matter. The guardian or conservator may appear for the ward or conservatee and waive any process, notice, or order to show cause that a person not under legal disability might waive. (Enacted by Stats. 1990, Ch. 79.)
1211.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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If a notice is required and no other notice form is prescribed, it must be in substantially the form set out here.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1211. If a notice is required by this code and no other type of notice is prescribed by law, by the Judicial Council, or by the court or judge, the notice shall be in substantially the following form: SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE (CITY AND) COUNTY OF _______ Estate of __________________ No. _______ NOTICE OF HEARING (If to be published, describe purport or character of the notice to be given.) Notice is hereby given that (name of petitioner and representative capacity, if any) has filed herein a (nature of petition, application, report, or account), reference to which is made for further particulars, and that the time and place of hearing the same has been set for ______ (date) _____, at ______.m., in the courtroom (of Department No. _____, if any) of said court, at (the courthouse, or state other location of the court), in the City of ______, California. Dated , Clerk By , Deputy Clerk (Enacted by Stats. 1990, Ch. 79.)
1212.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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If the address is unknown, notice must be given in the manner the court requires under Section 413.30, unless the court dispenses with notice.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1212. Unless the court dispenses with the notice, if the address of the person to whom a notice or other paper is required to be delivered pursuant to Section 1215 is not known, notice shall be given as the court may require in the manner provided in Section 413.30 of the Code of Civil Procedure. (Amended by Stats. 2017, Ch. 319, Sec. 15. (AB 976) Effective January 1, 2018.)
1213.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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Certain people must give notice to a surety about specified probate filings and orders.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1213. (a) The following persons shall deliver pursuant to Section 1215 a notice, as described in Section 1211, to a surety who has filed a court bond in a proceeding: (1) A person who files a petition to surcharge. (2) A person who files an objection to an account. (3) A person who files a petition to suspend or remove a guardian, conservator, or personal representative. (4) An attorney who files a motion to withdraw from representation of a guardian, conservator, or personal representative. (b) Within five days after entry of an order to suspend or remove a guardian, conservator, or personal representative, the person who filed a petition to suspend or remove a guardian or, if the order to suspend or remove a guardian, conservator, or personal representative was issued upon a motion by the court, the court, shall notify pursuant to Section 1215 the surety who has filed a court bond of the order. (c) The notice required by this section shall be delivered pursuant to Section 1215 to the addressee listed on the surety bond. (d) Notwithstanding subdivisions (a) and (b), notice is not required to a surety pursuant to this section if the surety bond is for a guardian, conservator, or personal representative who is not the subject of the petition, motion, or order described in this section. (Amended by Stats. 2017, Ch. 319, Sec. 16. (AB 976) Effective January 1, 2018.)
1214.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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If a notice or other paper must or may be served or delivered under Section 1215 to a person with an attorney of record, it must also be delivered to that attorney unless a request for special notice says otherwise.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Notice Provisions [1200 - 1214] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1214. If a notice or other paper is required or permitted to be served or delivered pursuant to Section 1215 to a person who is represented by an attorney of record, the notice or other paper shall also be delivered pursuant to Section 1215 to this attorney, unless otherwise specified in a request for special notice. (Amended by Stats. 2017, Ch. 319, Sec. 17. (AB 976) Effective January 1, 2018.)
1215.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Mailing in General [1215 - 1217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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This section says a required or permitted notice or other paper may be delivered by mail, personal delivery, or electronic delivery only if the electronic-delivery conditions are met.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Mailing in General [1215 - 1217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1215. Unless otherwise expressly provided, a notice or other paper that is required or permitted to be delivered to a person shall be delivered pursuant to one of the following methods: (a) Delivery by mail. (1) A notice or other paper shall be delivered by mail as follows: (A) By first-class mail if the person’s address is within the United States. First-class mail includes certified, registered, and express mail. (B) By international mail if the person’s address is not within the United States. International mail includes first-class mail international, priority mail international, priority mail express international, and global express guaranteed. (2) The notice or other paper shall be deposited for collection in the United States mail, in a sealed envelope, with postage paid, addressed to the person to whom it is mailed. (3) Subject to Section 1212, the notice or other paper shall be addressed to the person at the person’s place of business or place of residence. (4) Delivery by mail is complete when the notice or other paper is deposited in the mail. The period of notice is not extended. (b) Personal delivery. (1) A notice or other paper may be delivered personally to that person. (2) Personal delivery is complete when the notice or other paper is delivered personally to the person who is to receive it. (c) Electronic delivery. (1) A notice or other paper shall not be delivered by electronic means unless the person to receive notice has expressly consented on the appropriate Judicial Council form to receive electronic delivery in the proceeding before the court and has provided an electronic address for that express purpose. (2) Electronic delivery is complete when the notice or other paper is sent. The period of notice is not extended. (3) Electronic delivery is not permitted for a notice or other paper that requires delivery by certified or registered mail. (Amended by Stats. 2017, Ch. 319, Sec. 18. (AB 976) Effective January 1, 2018.)
1217.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Mailing in General [1215 - 1217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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If a notice or other paper must be served or otherwise given and no other method is specified, it must be delivered under Section 1215.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Mailing in General [1215 - 1217] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1217. If a notice or other paper is required to be served or otherwise given and no other manner of giving the notice or other paper is specified by statute, the notice or other paper shall be delivered pursuant to Section 1215. (Amended by Stats. 2017, Ch. 319, Sec. 20. (AB 976) Effective January 1, 2018.)
1220.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Mailing Notice of Hearing [1220 - 1221] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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Notice of hearing must be delivered at least 15 days before the hearing, and it must go to the persons required by the section.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Mailing Notice of Hearing [1220 - 1221] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1220. (a) If notice of hearing is required to be given as provided in this section: (1) At least 15 days before the time set for the hearing, the petitioner or the person filing the report, account, or other paper shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to the persons required to be given notice. (2) Unless the statute requiring notice specifies the persons to be given notice, notice shall be delivered pursuant to Section 1215 to all of the following: (A) The personal representative. (B) All persons who have requested special notice in the estate proceeding pursuant to Section 1250. (3) Subject to Section 1212, the notice shall be delivered pursuant to Section 1215 to the person required to be given notice at the person’s place of business, place of residence, or electronic address. (b) Subject to subdivision (c), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 6 (commencing with Section 1250). (c) The court for good cause may dispense with the notice otherwise required to be given to a person as provided in this section. (Amended by Stats. 2017, Ch. 319, Sec. 21. (AB 976) Effective January 1, 2018.)
12200.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Time for Closing Estate [12200 - 12206] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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A personal representative must petition for final distribution of the estate or file a status report by the required deadline.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Time for Closing Estate [12200 - 12206] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12200. The personal representative shall either petition for an order for final distribution of the estate or make a report of status of administration not later than the following times: (a) In an estate for which a federal estate tax return is not required, within one year after the date of issuance of letters. (b) In an estate for which a federal estate tax return is required, within 18 months after the date of issuance of letters. (Enacted by Stats. 1990, Ch. 79.)
12201.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Time for Closing Estate [12200 - 12206] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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If a status report is filed for an estate, it must describe the estate, explain why it cannot yet be closed, estimate the time needed to close it, and be filed with the court. Hearing notice must go to interested persons and include a notice about the right to petition for an account. The court may let administration continue on reasonable terms or require the personal representative to seek final distribution.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Time for Closing Estate [12200 - 12206] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12201. If a report of status of administration is made under Section 12200: (a) The report shall show the condition of the estate, the reasons why the estate cannot be distributed and closed, and an estimate of the time needed to close administration of the estate. (b) The report shall be filed with the court. Notice of hearing of the report shall be given as provided in Section 1220 to persons then interested in the estate, and shall include a statement in not less than 10-point boldface type or a reasonable equivalent thereof if printed, or in all capital letters if not printed, in substantially the following words: “YOU HAVE THE RIGHT TO PETITION FOR AN ACCOUNT UNDER SECTION 10950 OF THE CALIFORNIA PROBATE CODE.” (c) On the hearing of the report, the court may order either of the following: (1) That the administration of the estate continue for the time and on the terms and conditions that appear reasonable, including an account under Section 10950, if the court determines that continuation of administration is in the best interests of the estate or of interested persons. (2) That the personal representative shall petition for final distribution. (Enacted by Stats. 1990, Ch. 79.)
12202.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Time for Closing Estate [12200 - 12206] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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The court may cite the personal representative to explain why an estate cannot be distributed and closed, and may then order the estate administration to continue or require a petition for final distribution.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Time for Closing Estate [12200 - 12206] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12202. (a) The court may, on petition of any interested person or on its own motion, for good cause shown on the record, cite the personal representative to appear before the court and show the condition of the estate and the reasons why the estate cannot be distributed and closed. (b) On the hearing of the citation, the court may either order the administration of the estate to continue or order the personal representative to petition for final distribution, as provided in Section 12201. (Amended by Stats. 1996, Ch. 563, Sec. 28. Effective January 1, 1997.)
12203.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Time for Closing Estate [12200 - 12206] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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The court may continue estate administration to pay a family allowance only if the recipient needs it for necessities of life and the recipient’s needs outweigh the affected beneficiaries’ needs.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Time for Closing Estate [12200 - 12206] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12203. (a) For purposes of this chapter, continuation of the administration of the estate in order to pay a family allowance is not in the best interests of the estate or interested persons unless the court determines both of the following: (1) The family allowance is needed by the recipient to pay for necessaries of life, including education so long as pursued to advantage. (2) The needs of the recipient for continued family allowance outweigh the needs of the decedent’s beneficiaries whose interests would be adversely affected by continuing the administration of the estate for this purpose. (b) Nothing in this section shall be construed to authorize continuation of a family allowance beyond the time prescribed in Section 6543. (c) Nothing in this section limits the power of the court to order a preliminary distribution of the estate. (Enacted by Stats. 1990, Ch. 79.)
12204.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Time for Closing Estate [12200 - 12206] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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A personal representative can be removed from office for failing to comply with an order made under this chapter.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Time for Closing Estate [12200 - 12206] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12204. Failure of the personal representative to comply with an order made under this chapter is grounds for removal from office. (Enacted by Stats. 1990, Ch. 79.)
12205.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Time for Closing Estate [12200 - 12206] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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The court may reduce a personal representative’s or the representative’s attorney’s compensation if specified delay findings are made.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Time for Closing Estate [12200 - 12206] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12205. (a) The court may reduce the compensation of the personal representative or the attorney for the personal representative by an amount the court determines to be appropriate if the court makes all of the following determinations: (1) The time taken for administration of the estate exceeds the time required by this chapter or prescribed by the court. (2) The time taken was within the control of the personal representative or attorney whose compensation is being reduced. (3) The delay was not in the best interest of the estate or interested persons. (b) An order under this section reducing compensation may be made regardless of whether the compensation otherwise allowable under Part 7 (commencing with Section 10800) would be reasonable compensation for the services rendered by the personal representative or attorney. (c) An order under this section may be made at any of the following hearings: (1) The hearing for final distribution. (2) The hearing for an allowance on the compensation of the personal representative or attorney. (d) In making a determination under this section, the court shall take into account any action taken under Section 12202 as a result of a previous delay. (Amended by Stats. 1990, Ch. 710, Sec. 42. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
12206.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Time for Closing Estate [12200 - 12206] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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A will’s time limit for estate administration is only advisory and does not stop the personal representative or the court from continuing administration if needed.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Time for Closing Estate [12200 - 12206] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12206. A limitation in a will of the time for administration of an estate is directory only and does not limit the power of the personal representative or the court to continue administration of the estate beyond the time limitation in the will if the continuation is necessary. (Enacted by Stats. 1990, Ch. 79.)
1221.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Mailing Notice of Hearing [1220 - 1221] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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If no other notice period or method is set by statute, hearing notice must be given under Section 1220 unless the court or judge orders otherwise.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Mailing Notice of Hearing [1220 - 1221] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1221. Where notice of hearing is required but no other period or manner is prescribed by statute, unless the period or manner of giving the notice is ordered by the court or judge, the notice of hearing shall be given for the period and in the manner provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
12250.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Discharge of Personal Representative [12250 - 12252] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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The court must discharge a personal representative from later liability once final-distribution terms are met and the required receipts are filed or excused.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Discharge of Personal Representative [12250 - 12252] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 12250. (a) When the personal representative has complied with the terms of the order for final distribution and has filed the appropriate receipts or the court has excused the filing of a receipt as provided in Section 11753, the court shall, on ex parte petition, make an order discharging the personal representative from all liability incurred thereafter. (b) Nothing in this section precludes discharge of the personal representative for distribution made without prior court order, so long as the terms of the order for final distribution are satisfied. (Enacted by Stats. 1990, Ch. 79.)
12251.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Discharge of Personal Representative [12250 - 12252] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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A personal representative may ask the court to end further estate proceedings and discharge them if there is no estate property left to administer.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Discharge of Personal Representative [12250 - 12252] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 12251. (a) At any time after appointment of a personal representative and whether or not letters have been issued, if it appears there is no property of any kind belonging to the estate and subject to administration, the personal representative may petition for the termination of further proceedings and for discharge of the personal representative. The petition shall state the facts required by this subdivision. (b) Notice of the hearing on the petition shall be given as provided in Section 1220 to all interested persons. (c) If it appears to the satisfaction of the court on the hearing that the facts stated in the petition are true, the court shall make an order terminating the proceeding and discharging the personal representative. (Enacted by Stats. 1990, Ch. 79.)
12252.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Discharge of Personal Representative [12250 - 12252] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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If later estate administration is needed after discharge of a personal representative, the court must appoint the new personal representative under the usual order of appointment, giving priority to the person who previously served. Notice of the hearing must be given to that person and other interested persons, and the Controller must be given a copy if property was distributed to the State.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 11. CLOSING ESTATE ADMINISTRATION [12200 - 12252] ( Part 11 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Discharge of Personal Representative [12250 - 12252] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 12252. If subsequent administration of an estate is necessary after the personal representative has been discharged because other property is discovered or because it becomes necessary or proper for any other cause, both of the following shall apply: (a) The court shall appoint as personal representative the person entitled to appointment in the same order as is directed in relation to an original appointment, except that the person who served as personal representative at the time of the order of discharge has priority. (b) Notice of hearing of the appointment shall be given as provided in Section 1220 to the person who served as personal representative at the time of the order of discharge and to other interested persons. If property has been distributed to the State of California, a copy of any petition for subsequent appointment of a personal representative and the notice of hearing shall be given as provided in Section 1220 to the Controller. (Amended by Stats. 2009, Ch. 8, Sec. 3. (AB 1163) Effective January 1, 2010.)
1230.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Posting Notice of Hearing [1230- 1230.] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )
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The court clerk must post notice of the hearing at the county courthouse at least 15 days before the hearing.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Posting Notice of Hearing [1230- 1230.] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 1230. Where notice of hearing is required to be posted as provided in this section: (a) At least 15 days before the time set for the hearing, the court clerk shall cause a notice of the time and place of the hearing to be posted at the courthouse of the county where the proceedings are pending. If court is held at a place other than the county seat, the notice may be posted either at the courthouse of the county where the proceedings are pending or at the building where the court is held. (b) The posted notice of hearing shall state all of the following: (1) The name of the estate. (2) The name of the petitioner. (3) The nature of the petition, referring to the petition for further particulars. (4) The time and place of the hearing of the petition. (Enacted by Stats. 1990, Ch. 79.)
1240.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Citations [1240 - 1242] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
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The court clerk may issue a citation on any party’s application, without a court order, unless the law expressly requires one.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Citations [1240 - 1242] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 1240. Where use of a citation is authorized or required by statute, a citation may be issued by the court clerk on the application of any party, without a court order, except in cases where an order is expressly required by law. (Enacted by Stats. 1990, Ch. 79.)
12400.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. )
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This section defines “missing person” for this part as a person presumed dead under Section 12401, unless the provision or context requires otherwise.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## 12400. Unless the provision or context otherwise requires, as used in this part, “missing person” means a person who is presumed to be dead under Section 12401. (Enacted by Stats. 1990, Ch. 79.)
12401.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. )
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A missing person may be presumed dead after five continuous years of not being seen or heard from, if the absence is not satisfactorily explained after diligent search or inquiry.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## 12401. In proceedings under this part, a person who has not been seen or heard from for a continuous period of five years by those who are likely to have seen or heard from that person, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The person’s death is presumed to have occurred at the end of the period unless there is sufficient evidence to establish that death occurred earlier. (Enacted by Stats. 1990, Ch. 79.)
12402.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. )
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A missing person’s estate may be administered like a deceased person’s estate, subject to this part.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## 12402. Subject to the provisions of this part, the estate of a missing person may be administered in the manner provided generally for the administration of estates of deceased persons. (Enacted by Stats. 1990, Ch. 79.)
12403.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. )
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This section says which superior court has jurisdiction in missing-person presumed-dead matters, depending on whether the person was a resident or nonresident when last seen or heard from.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## 12403. (a) If the missing person was a resident of this state when last seen or heard from, the superior court of the county of the person’s last known place of residence has jurisdiction for the purposes of this part. (b) If the missing person was a nonresident of this state when last seen or heard from, the superior court of a county where real property of the missing person is located, or of a county where personal property is located if the missing person has no real property in this state, has jurisdiction for the purposes of this part. (Enacted by Stats. 1990, Ch. 79.)
12404.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. )
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A petition to administer the estate of a missing person may be filed in the court with jurisdiction under Section 12403 by an eligible personal representative, except a person described in Section 8461(r).

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## 12404. (a) A petition may be filed in the court having jurisdiction under Section 12403 for the administration of the estate of a missing person. (b) The petition may be filed by any person who may be appointed as a personal representative, other than a person described in subdivision (r) of Section 8461. (c) In addition to the matters otherwise required in a petition for administration of the estate, the petition shall state all of the following: (1) The last known place of residence and the last known address of the missing person. (2) The time and circumstances when the missing person was last seen or heard from. (3) That the missing person has not been seen or heard from for a continuous period of five years by the persons likely to have seen or heard from the missing person (naming them and their relationship to the missing person) and that the whereabouts of the missing person is unknown to those persons and to the petitioner. (4) A description of the search or the inquiry made concerning the whereabouts of the missing person. (Enacted by Stats. 1990, Ch. 79.)
12405.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. )
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Notice of hearing must be served and published, with proof made, as in decedent estate proceedings; notice of hearing on the petition must also be sent by registered mail to the missing person at the last known address.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## 12405. Notice of hearing shall be served and published, and proof made, in the same manner as in proceedings for administration of the estate of a decedent, except that notice of hearing on the petition shall also be sent by registered mail to the missing person at his or her last known address. (Enacted by Stats. 1990, Ch. 79.)
12406.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. )
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The court must decide whether the missing person is presumed dead, and it may require a diligent search, accept evidence, and order how the search is carried out.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## 12406. (a) At the hearing, the court shall determine whether the alleged missing person is a person who is presumed to be dead under Section 12401. The court may receive evidence and consider the affidavits and depositions of persons likely to have seen or heard from or know the whereabouts of the alleged missing person. (b) If the court is not satisfied that a diligent search or inquiry has been made for the missing person, the court may order the petitioner to conduct a diligent search or inquiry and to report the results. The court may order the search or inquiry to be made in any manner that the court determines to be advisable, including any or all of the following methods: (1) Inserting in one or more suitable newspapers or other periodicals a notice requesting information from any person having knowledge of the whereabouts of the missing person. (2) Notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the missing person. (3) Engaging the services of an investigator. (c) The costs of a search ordered by the court pursuant to subdivision (b) shall be paid by the estate of the missing person, but if there is no administration, the court in its discretion may order the petitioner to pay the costs. (Enacted by Stats. 1990, Ch. 79.)
12407.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. )
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If the court finds the missing person is presumed dead under Section 12401, it must appoint a personal representative and determine the date of death. The personal representative must then administer the estate like a deceased person’s estate, unless this part says otherwise.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## 12407. (a) If the court finds that the alleged missing person is a person presumed to be dead under Section 12401, the court shall do both of the following: (1) Appoint a personal representative for the estate of the missing person in the manner provided for the estates of deceased persons. (2) Determine the date of the missing person’s death. (b) The personal representative shall administer the estate of the missing person in the same general manner and method of procedure, and with the same force and effect, as provided for the administration of the estates of deceased persons, except as otherwise provided in this part. (Enacted by Stats. 1990, Ch. 79.)
12408.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. )
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If a missing person reappears, they may recover estate property in limited ways, subject to fees, equitable limits, a five-year bar for one remedy, and exceptions for fraud or intentional wrongdoing.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD [12400 - 12408] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## 12408. (a) If the missing person reappears: (1) The missing person may recover property of the missing person’s estate in the possession of the personal representative, less fees, costs, and expenses thus far incurred. (2) The missing person may recover from distributees any property of the missing person’s estate that is in their possession, or the value of distributions received by them, to the extent that recovery from distributees is equitable in view of all the circumstances, but an action under this paragraph is forever barred five years after the time the distribution was made. (b) The remedies available to the missing person under subdivision (a) are exclusive, except for any remedy the missing person may have by reason of fraud or intentional wrongdoing. (c) Except as provided in subdivisions (a) and (b), the order for final distribution, when it becomes final, is conclusive as to the rights of the missing person, the rights of the beneficiaries of the missing person, and the rights of all other persons interested in the estate. (d) If a dispute arises as to the identity of a person claiming to be a reappearing missing person, the person making the claim or any other interested person may file a petition under Section 11700, notwithstanding the limitations of time prescribed in Section 11700, for the determination of the identity of the person claiming to be the reappearing missing person. (Enacted by Stats. 1990, Ch. 79.)
1241.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Citations [1240 - 1242] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
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A citation must be directed to the person named, signed by the court clerk, and issued under the court’s seal.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Citations [1240 - 1242] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 1241. The citation shall be directed to the person to be cited, signed by the court clerk, and issued under the seal of the court. The citation shall contain the title of the proceeding, a brief statement of the nature of the proceeding, and a direction that the person cited appear at a time and place specified. (Enacted by Stats. 1990, Ch. 79.)
1242.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Citations [1240 - 1242] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )
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A citation must be served on the cited person in the manner provided by the Code of Civil Procedure, and normally at least five days before the return day.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 5. Citations [1240 - 1242] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 1242. The citation shall be served on the person cited in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. Except as otherwise provided by statute, the citation shall be served at least five days before its return day. (Enacted by Stats. 1990, Ch. 79.)
1250.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Request for Special Notice [1250 - 1252] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
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After letters are issued in a decedent’s estate administration, an interested person may file a written request for special notice with the court clerk.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Request for Special Notice [1250 - 1252] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1250. (a) At any time after the issuance of letters in a proceeding under this code for the administration of a decedent’s estate, any person interested in the estate, whether as devisee, heir, creditor, beneficiary under a trust, or as otherwise interested, may, in person or by attorney, file with the court clerk a written request for special notice. (b) The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215. (c) Special notice may be requested of one or more of the following matters: (1) Petitions filed in the administration proceeding. (2) Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals. (3) Objections to an appraisal. (4) Accounts of a personal representative. (5) Reports of status of administration. (d) Special notice may be requested of any matter in subdivision (c) by describing it, or of all the matters in subdivision (c) by referring generally to “the matters described in subdivision (c) of Section 1250 of the Probate Code” or by using words of similar meaning. (e) A copy of the request shall be delivered pursuant to Section 1215 to the personal representative or to the attorney for the personal representative. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received. (f) If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service. (Amended by Stats. 2017, Ch. 319, Sec. 22. (AB 976) Effective January 1, 2018.)
12500.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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The chapter’s definitions control how this part is interpreted unless the provision or context requires otherwise.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12500. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. (Enacted by Stats. 1990, Ch. 79.)
12501.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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“Ancillary administration” means proceedings in this state to administer the estate of a nondomiciliary decedent.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12501. “Ancillary administration” means proceedings in this state for administration of the estate of a nondomiciliary decedent. (Enacted by Stats. 1990, Ch. 79.)
12502.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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This section defines “foreign nation” as any jurisdiction other than a U.S. state.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12502. “Foreign nation” means a jurisdiction other than a state of the United States. (Enacted by Stats. 1990, Ch. 79.)
12503.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section defines “foreign nation personal representative” as a personal representative appointed outside a U.S. state.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12503. “Foreign nation personal representative” means a personal representative appointed in a jurisdiction other than a state of the United States. (Enacted by Stats. 1990, Ch. 79.)
12504.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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This section defines “local personal representative” as a nondomiciliary decedent’s personal representative appointed in this state.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12504. “Local personal representative” means a nondomiciliary decedent’s personal representative appointed in this state. (Enacted by Stats. 1990, Ch. 79.)
12505.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section defines “nondomiciliary decedent” as a person who dies domiciled in a sister state or foreign nation.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12505. “Nondomiciliary decedent” means a person who dies domiciled in a sister state or foreign nation. (Enacted by Stats. 1990, Ch. 79.)
12506.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section defines “sister state” as any state other than this state.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12506. “Sister state” means a state other than this state. (Enacted by Stats. 1990, Ch. 79.)
12507.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

This section defines “sister state personal representative” as a personal representative appointed in a sister state.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [12500 - 12507] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 12507. “Sister state personal representative” means a personal representative appointed in a sister state. (Enacted by Stats. 1990, Ch. 79.)
1251.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Request for Special Notice [1250 - 1252] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
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A request for special notice may be modified or withdrawn in the same way as the initial request was made.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Request for Special Notice [1250 - 1252] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1251. A request for special notice under this chapter may be modified or withdrawn in the same manner as provided for the making of the initial request. (Enacted by Stats. 1990, Ch. 79.)
12510.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Opening Ancillary Administration [12510 - 12513] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

An interested person or a sister-state or foreign-nation personal representative may start an ancillary administration case by petitioning the court.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Opening Ancillary Administration [12510 - 12513] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 12510. Any interested person, or a sister state or foreign nation personal representative, may commence an ancillary administration proceeding by a petition to the court for either or both of the following: (a) Probate of the nondomiciliary decedent’s will. (b) Appointment of a local personal representative. (Enacted by Stats. 1990, Ch. 79.)
12511.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Opening Ancillary Administration [12510 - 12513] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

For an ancillary administration proceeding under this chapter, the proper county is the county determined under Section 7052.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Opening Ancillary Administration [12510 - 12513] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 12511. The proper county for an ancillary administration proceeding under this chapter is the county determined pursuant to Section 7052. (Enacted by Stats. 1990, Ch. 79.)
12512.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Opening Ancillary Administration [12510 - 12513] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Notice of an ancillary administration proceeding must be given, and the proceeding generally follows the same process as a probate petition or appointment of a personal representative, except as provided in Article 2.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Opening Ancillary Administration [12510 - 12513] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 12512. Notice of an ancillary administration proceeding shall be given and, except as provided in Article 2 (commencing with Section 12520), the same proceedings had as in the case of a petition for probate of a will or appointment of a personal representative of a person who dies domiciled in this state. (Enacted by Stats. 1990, Ch. 79.)
12513.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Opening Ancillary Administration [12510 - 12513] ( Article 1 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A sister-state personal representative has priority over other persons, unless the decedent’s will names someone else in this state.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Opening Ancillary Administration [12510 - 12513] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 12513. If the decedent dies while domiciled in a sister state, a personal representative appointed by a court of the decedent’s domicile has priority over all other persons except where the decedent’s will nominates a different person to be the personal representative in this state. The sister state personal representative may nominate another person as personal representative and the nominee has the same priority as the sister state personal representative. (Enacted by Stats. 1990, Ch. 79.)
1252.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Request for Special Notice [1250 - 1252] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )
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If a special notice request has been made, the filer must give written notice and copies to the named person, usually at least 15 days before the hearing; for papers that do not require a hearing, delivery is due within 15 days after filing, unless the court orders notice dispensed with.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Request for Special Notice [1250 - 1252] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 1252. (a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant to Section 1250 for special notice of a hearing, the person filing the petition, report, account, or other paper shall give written notice of the filing, together with a copy of the petition, report, account, or other paper, and the time and place set for the hearing, by delivering the documents pursuant to Section 1215 to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing. (b) If a request has been made pursuant to Section 1250 for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court. (Amended by Stats. 2017, Ch. 319, Sec. 23. (AB 976) Effective January 1, 2018.)
12520.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Probate of Nondomiciliary Decedent’s Will Admitted to Probate in Sister State or Foreign Nation [12520 - 12524] ( Article 2 enacted by Stats. 1990, Ch. 79. )
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A nondomiciliary decedent’s will is governed by this article in ancillary administration if it was admitted to probate in a sister state or foreign nation and meets this article’s requirements.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Probate of Nondomiciliary Decedent’s Will Admitted to Probate in Sister State or Foreign Nation [12520 - 12524] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 12520. (a) If a nondomiciliary decedent’s will has been admitted to probate in a sister state or foreign nation and satisfies the requirements of this article, probate of the will in an ancillary administration proceeding is governed by this article. (b) If a nondomiciliary decedent’s will has been admitted to probate in a sister state or foreign nation, but does not satisfy the requirements of this article, the will may be probated in an ancillary administration proceeding pursuant to Part 2 (commencing with Section 8000). (Enacted by Stats. 1990, Ch. 79.)
12521.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Probate of Nondomiciliary Decedent’s Will Admitted to Probate in Sister State or Foreign Nation [12520 - 12524] ( Article 2 enacted by Stats. 1990, Ch. 79. )
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A probate petition for a nondomiciliary decedent’s will must include the will (or an authenticated copy) and an authenticated copy of the foreign or sister-state probate order, or other proof of the will under that jurisdiction’s law.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Probate of Nondomiciliary Decedent’s Will Admitted to Probate in Sister State or Foreign Nation [12520 - 12524] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 12521. (a) A petition for probate of a nondomiciliary decedent’s will under this article shall include both of the following: (1) The will or an authenticated copy of the will. (2) An authenticated copy of the order admitting the will to probate in the sister state or foreign nation or other evidence of the establishment or proof of the will in accordance with the law of the sister state or foreign nation. (b) As used in this section, “authenticated copy” means a copy that satisfies the requirements of Article 2 (commencing with Section 1530) of Chapter 2 of Division 11 of the Evidence Code. (Enacted by Stats. 1990, Ch. 79.)
12522.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Probate of Nondomiciliary Decedent’s Will Admitted to Probate in Sister State or Foreign Nation [12520 - 12524] ( Article 2 enacted by Stats. 1990, Ch. 79. )
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If a nondomiciliary decedent’s will was already admitted or proved in a sister state, the court must admit it to probate here and cannot allow a contest or revocation unless one of the listed exceptions is shown.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Probate of Nondomiciliary Decedent’s Will Admitted to Probate in Sister State or Foreign Nation [12520 - 12524] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 12522. If a will of a nondomiciliary decedent was admitted to probate, or established or proved, in accordance with the laws of a sister state, the court shall admit the will to probate in this state, and may not permit a contest or revocation of probate, unless one or more of the following are shown: (a) The determination in the sister state is not based on a finding that at the time of death the decedent was domiciled in the sister state. (b) One or more interested parties were not given notice and an opportunity for contest in the proceedings in the sister state. (c) The determination in the sister state is not final. (Enacted by Stats. 1990, Ch. 79.)
12523.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Probate of Nondomiciliary Decedent’s Will Admitted to Probate in Sister State or Foreign Nation [12520 - 12524] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

The court must admit a qualifying foreign-probated nondomiciliary decedent’s will to probate in this state and may not allow a contest or revocation, except in a due-process-related exception.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Probate of Nondomiciliary Decedent’s Will Admitted to Probate in Sister State or Foreign Nation [12520 - 12524] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 12523. (a) Except as provided in subdivision (b), if a will of a nondomiciliary decedent was admitted to probate, or established or proved, in accordance with the laws of a foreign nation, the court shall admit the will to probate in this state, and may not permit a contest or revocation of probate, if it appears from the order admitting the will to probate in the foreign nation, or otherwise appears, that all of the following conditions are satisfied: (1) The determination in the foreign nation is based on a finding that at the time of death the decedent was domiciled in the foreign nation. (2) All interested parties were given notice and an opportunity for contest in the proceedings in the foreign nation. (3) The determination in the foreign nation is final. (b) The court may refuse to admit the will, even though it is shown to satisfy the conditions provided in subdivision (a), where the order admitting the will was made under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law. (Enacted by Stats. 1990, Ch. 79.)
12524.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Probate of Nondomiciliary Decedent’s Will Admitted to Probate in Sister State or Foreign Nation [12520 - 12524] ( Article 2 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

A nondomiciliary decedent’s will admitted to probate under this article has the same force and effect as a will admitted to probate in this state for a person domiciled here.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Probate of Nondomiciliary Decedent’s Will Admitted to Probate in Sister State or Foreign Nation [12520 - 12524] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 12524. A nondomiciliary decedent’s will admitted to probate under this article has the same force and effect as the will of a person who dies while domiciled in this state that is admitted to probate in this state. (Enacted by Stats. 1990, Ch. 79.)
12530.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Application of General Provisions [12530- 12530.] ( Article 3 enacted by Stats. 1990, Ch. 79. )
Verify source ↗

Ancillary estate administration is generally governed by the code’s other estate-administration provisions unless this chapter says otherwise.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Application of General Provisions [12530- 12530.] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 12530. Except to the extent otherwise provided in this chapter, ancillary administration of a decedent’s estate is subject to all other provisions of this code concerning the administration of the decedent’s estate, including, but not limited to, opening estate administration, inventory and appraisal, creditor claims, estate management, independent administration, compensation, accounts, payment of debts, distribution, and closing estate administration. (Enacted by Stats. 1990, Ch. 79.)
12540.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Distribution of Property to Sister State Personal Representative [12540 - 12542] ( Article 4 enacted by Stats. 1990, Ch. 79. )
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In an ancillary administration proceeding, the court may order distribution of a decedent’s personal property in California to a sister state personal representative if the decedent died domiciled in a sister state and the distribution is in the estate’s best interest.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Distribution of Property to Sister State Personal Representative [12540 - 12542] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 12540. (a) If a person dies while domiciled in a sister state, the court in an ancillary administration proceeding may make an order for preliminary or final distribution of all or part of the decedent’s personal property in this state to the sister state personal representative if distribution is in the best interest of the estate or interested persons. (b) The court order shall be made in the manner and pursuant to the procedure provided in, and is subject to the provisions of, Chapter 1 (commencing with Section 11600) of Part 10. (Enacted by Stats. 1990, Ch. 79.)
12541.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Distribution of Property to Sister State Personal Representative [12540 - 12542] ( Article 4 enacted by Stats. 1990, Ch. 79. )
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If needed to carry out this article, the court may order a decedent’s real property in a nondomiciliary estate sold and the proceeds distributed to the sister state personal representative.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Distribution of Property to Sister State Personal Representative [12540 - 12542] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 12541. If necessary to make distribution pursuant to this article, real property in the nondomiciliary decedent’s estate may be sold and the court may order the proceeds to be distributed to the sister state personal representative. The sale shall be made in the same manner as other sales of real property of a decedent. (Enacted by Stats. 1990, Ch. 79.)
12542.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Distribution of Property to Sister State Personal Representative [12540 - 12542] ( Article 4 enacted by Stats. 1990, Ch. 79. )
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If the sister-state estate is insolvent, distribution may be made only to the sister state personal representative, not to the beneficiaries.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Ancillary Administration [12510 - 12542] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Distribution of Property to Sister State Personal Representative [12540 - 12542] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 12542. If the nondomiciliary decedent’s estate in the sister state where the decedent was domiciled is insolvent, distribution may be made only to the sister state personal representative and not to the beneficiaries. (Enacted by Stats. 1990, Ch. 79.)
12570.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Collection of Personal Property of Small Estate by Sister State Personal Representative Without Ancillary Administration [12570 - 12573] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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A sister state personal representative may use the affidavit procedure to collect a decedent’s personal property if the property meets Section 13100 requirements, and does not need to petition for ancillary administration.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Collection of Personal Property of Small Estate by Sister State Personal Representative Without Ancillary Administration [12570 - 12573] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 12570. If a nondomiciliary decedent’s property in this state satisfies the requirements of Section 13100, a sister state personal representative may, without petitioning for ancillary administration, use the affidavit procedure provided by Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 to collect personal property of the decedent. (Enacted by Stats. 1990, Ch. 79.)
12571.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Collection of Personal Property of Small Estate by Sister State Personal Representative Without Ancillary Administration [12570 - 12573] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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The consequences of paying, delivering, or transferring personal property to a sister state personal representative, and of not doing so, are governed by another chapter.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Collection of Personal Property of Small Estate by Sister State Personal Representative Without Ancillary Administration [12570 - 12573] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 12571. The effect of payment, delivery, or transfer of personal property to the sister state personal representative pursuant to this chapter, and the effect of failure to do so, are governed by Chapter 3 (commencing with Section 13100) of Part 1 of Division 8. (Enacted by Stats. 1990, Ch. 79.)
12572.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Collection of Personal Property of Small Estate by Sister State Personal Representative Without Ancillary Administration [12570 - 12573] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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A sister state personal representative may sue a holder of the decedent’s property and may receive attorney’s fees if Section 13105(b) allows it.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Collection of Personal Property of Small Estate by Sister State Personal Representative Without Ancillary Administration [12570 - 12573] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 12572. The sister state personal representative may bring an action against a holder of the decedent’s property, and may be awarded attorney’s fees, as provided in subdivision (b) of Section 13105. (Enacted by Stats. 1990, Ch. 79.)
12573.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Collection of Personal Property of Small Estate by Sister State Personal Representative Without Ancillary Administration [12570 - 12573] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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A sister state personal representative who takes property by affidavit under this chapter is not liable under Sections 13109 or 13110 if the property is restored to the decedent’s estate in the sister state in compliance with Section 13111.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Collection of Personal Property of Small Estate by Sister State Personal Representative Without Ancillary Administration [12570 - 12573] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 12573. A sister state personal representative who takes property by affidavit under this chapter is not liable as a person to whom payment, delivery, or transfer of the decedent’s property is made under Section 13109 or 13110 to the extent that the sister state personal representative restores the property to the nondomiciliary decedent’s estate in the sister state in compliance with Section 13111. (Enacted by Stats. 1990, Ch. 79.)
12590.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Jurisdiction Over Foreign Personal Representative [12590 - 12591] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )
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Foreign or sister-state personal representatives submit to this state’s court jurisdiction in estate proceedings if they file for ancillary administration, receive certain property, or do an act in the state that would confer individual jurisdiction.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Jurisdiction Over Foreign Personal Representative [12590 - 12591] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 12590. A sister state personal representative or foreign nation personal representative submits personally in a representative capacity to the jurisdiction of the courts of this state in any proceeding relating to the estate by any of the following actions: (a) Filing a petition for ancillary administration. (b) Receiving money or other personal property pursuant to Chapter 3 (commencing with Section 12570). Jurisdiction under this subdivision is limited to the amount of money and the value of personal property received. (c) Doing any act in this state as a personal representative that would have given this state jurisdiction over the personal representative as an individual. (Enacted by Stats. 1990, Ch. 79.)
12591.
## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Jurisdiction Over Foreign Personal Representative [12590 - 12591] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )
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A sister state or foreign nation personal representative is subject to the courts of this state in a representative capacity, to the same extent as the nondomiciliary decedent was at death.

## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 13. NONDOMICILIARY DECEDENTS [12500 - 12591] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Jurisdiction Over Foreign Personal Representative [12590 - 12591] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 12591. A sister state personal representative or foreign nation personal representative is subject to the jurisdiction of the courts of this state in a representative capacity to the same extent that the nondomiciliary decedent was subject to jurisdiction at the time of death. (Enacted by Stats. 1990, Ch. 79.)
1260.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Proof of Giving Notice [1260 - 1266] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )
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If notice of a hearing is required, proof of notice must be made to the court by the hearing time. If the court is satisfied that notice was properly given or waived, it must say so in its order.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Proof of Giving Notice [1260 - 1266] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 1260. (a) If notice of a hearing is required, proof of giving notice of the hearing shall be made to the satisfaction of the court at or before the hearing. (b) If it appears to the satisfaction of the court that notice has been regularly given or that the party entitled to notice has waived it, the court shall so find in its order. (c) The finding described in subdivision (b), when the order becomes final, is conclusive on all persons. (Enacted by Stats. 1990, Ch. 79.)
1261.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Proof of Giving Notice [1260 - 1266] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )
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Proof of mailing may be made in the manner set out in Section 1013a of the Code of Civil Procedure.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Proof of Giving Notice [1260 - 1266] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 1261. Proof of mailing may be made in the manner prescribed in Section 1013a of the Code of Civil Procedure. (Enacted by Stats. 1990, Ch. 79.)
1262.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Proof of Giving Notice [1260 - 1266] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )
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Proof of publication may be established by affidavit from specified publishing staff, if the affidavit shows the time and place of publication.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Proof of Giving Notice [1260 - 1266] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 1262. Proof of publication may be made by the affidavit of the publisher or printer, or the foreman or principal clerk of the publisher or printer, showing the time and place of publication. (Enacted by Stats. 1990, Ch. 79.)
1263.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Proof of Giving Notice [1260 - 1266] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )
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Proof of posting may be shown by an affidavit from the person who posted the notice.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Proof of Giving Notice [1260 - 1266] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 1263. Proof of posting may be made by the affidavit of the person who posted the notice. (Enacted by Stats. 1990, Ch. 79.)
1264.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Proof of Giving Notice [1260 - 1266] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )
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Proof of notice by personal delivery may be shown by an affidavit from the person who made the delivery.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Proof of Giving Notice [1260 - 1266] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 1264. Proof of notice by personal delivery may be made by the affidavit of the person making the delivery showing the time and place of delivery and the name of the person to whom delivery was made. (Enacted by Stats. 1990, Ch. 79.)
1265.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Proof of Giving Notice [1260 - 1266] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )
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Proof of electronic delivery may be shown using the method set out in Code of Civil Procedure Section 1013b.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Proof of Giving Notice [1260 - 1266] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 1265. Proof of electronic delivery may be made in the manner prescribed in Section 1013b of the Code of Civil Procedure. (Added by Stats. 2017, Ch. 319, Sec. 25. (AB 976) Effective January 1, 2018.)
1266.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Proof of Giving Notice [1260 - 1266] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )
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Proof of notice may be shown by evidence presented at the hearing.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 2. NOTICES AND CITATIONS [1200 - 1266] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Proof of Giving Notice [1260 - 1266] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 1266. Proof of notice, however given, may be made by evidence presented at the hearing. (Added by renumbering Section 1265 by Stats. 2017, Ch. 319, Sec. 24. (AB 976) Effective January 1, 2018.)
13.
## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. )
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This section defines how to calculate degrees of kinship or consanguinity by counting generations.

## 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. ) ## 13. (a) The degree of kinship or consanguinity between two persons is determined by counting the number of generations separating those persons, pursuant to subdivision (b) or (c). Each generation is called a degree. (b) Lineal kinship or consanguinity is the relationship between two persons, one of whom is a direct descendant of the other. The degree of kinship between those persons is determined by counting the generations separating the first person from the second person. In counting the generations, the first person is excluded and the second person is included. For example, parent and child are related in the first degree of lineal kinship or consanguinity, grandchild and grandparent are related in the second degree, and great-grandchild and great-grandparent are related in the third degree. (c) Collateral kinship or consanguinity is the relationship between two people who spring from a common ancestor, but neither person is the direct descendent of the other. The degree of kinship is determined by counting the generations from the first person up to the common ancestor and from the common ancestor down to the second person. In counting the generations, the first person is excluded, the second person is included, and the common ancestor is counted only once. For example, siblings are related in the second degree of collateral kinship or consanguinity, an aunt or uncle and a niece or nephew are related in the third degree, and first cousins are related in the fourth degree. (Added by Stats. 2009, Ch. 348, Sec. 4. (SB 308) Effective January 1, 2010.)
1300.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 1. General [1300 - 1304] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 11. )
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In probate proceedings governed by this code, an appeal may be taken from the making or refusal to make certain listed orders.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 1. General [1300 - 1304] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 11. ) ## 1300. In all proceedings governed by this code, an appeal may be taken from the making of, or the refusal to make, any of the following orders: (a) Directing, authorizing, approving, or confirming the sale, lease, encumbrance, grant of an option, purchase, conveyance, or exchange of property. (b) Settling an account of a fiduciary. (c) Authorizing, instructing, or directing a fiduciary, or approving or confirming the acts of a fiduciary. (d) Directing or allowing payment of a debt, claim, or cost. (e) Fixing, authorizing, allowing, or directing payment of compensation or expenses of an attorney. (f) Fixing, directing, authorizing, or allowing payment of the compensation or expenses of a fiduciary. (g) Surcharging, removing, or discharging a fiduciary. (h) Transferring the property of the estate to a fiduciary in another jurisdiction. (i) Allowing or denying a petition of the fiduciary to resign. (j) Discharging a surety on the bond of a fiduciary. (k) Adjudicating the merits of a claim made under Part 19 (commencing with Section 850) of Division 2. (Amended by Stats. 2001, Ch. 417, Sec. 4. Effective January 1, 2002.)
13000.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [13000 - 13007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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The chapter’s definitions apply to this part unless the text or context says otherwise.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [13000 - 13007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 13000. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. (Enacted by Stats. 1990, Ch. 79.)
13002.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [13000 - 13007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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This section defines who counts as a “holder” of a decedent’s property.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [13000 - 13007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 13002. “Holder of the decedent’s property” or “holder” means, with respect to any particular item of property of the decedent, the person owing money to the decedent, having custody of tangible personal property of the decedent, or acting as registrar or transfer agent of the evidences of a debt, obligation, interest, right, security, or chose in action belonging to the decedent. (Enacted by Stats. 1990, Ch. 79.)
13004.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [13000 - 13007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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This section defines “particular item of property” for small-estate procedures.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [13000 - 13007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 13004. (a) “Particular item of property” means: (1) Particular personal property of the decedent which is sought to be collected, received, or transferred by the successor of the decedent under Chapter 3 (commencing with Section 13100). (2) Particular real property of the decedent, or particular real and personal property of the decedent, for which the successor of the decedent seeks a court order determining succession under Chapter 4 (commencing with Section 13150). (3) Particular real property of the decedent with respect to which the successor of the decedent files an affidavit of succession under Chapter 5 (commencing with Section 13200). (b) Subject to subdivision (a), “particular item of property” includes all interests specified in Section 62. (Amended by Stats. 1991, Ch. 1055, Sec. 32.)
13005.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [13000 - 13007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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This section defines certain estate-related phrases to include property that becomes part of the decedent’s estate at death.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [13000 - 13007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 13005. “Property of the decedent,” “decedent’s property,” “money due the decedent,” and similar phrases, include property that becomes part of the decedent’s estate on the decedent’s death, whether by designation of the estate as beneficiary under an insurance policy on the decedent’s life or under the decedent’s retirement plan, or otherwise. (Added by Stats. 1991, Ch. 1055, Sec. 33.)
13006.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [13000 - 13007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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This section defines “successor of the decedent.”

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [13000 - 13007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 13006. “Successor of the decedent” means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the decedent’s will. For the purposes of this part, a trust is a beneficiary under the decedent’s will if the trust succeeds to the particular item of property under the decedent’s will. (b) If the decedent died without a will, the sole person or all of the persons who succeeded to the particular item of property of the decedent under Sections 6401 and 6402 or, if the law of a sister state or foreign nation governs succession to the particular item of property, under the law of the sister state or foreign nation. (Amended by Stats. 1991, Ch. 1055, Sec. 34.)
13007.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [13000 - 13007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
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This section defines “Proceeding” for this part of the Probate Code.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Definitions [13000 - 13007] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 13007. “Proceeding” means either that a petition is currently pending in this state for administration of a decedent’s estate under Division 7 (commencing with Section 7000), a special administrator for the decedent’s estate has been appointed in this state and is now serving, or a personal representative for the decedent’s estate has been appointed in this state with general powers. “Proceeding” does not include a petition for administration which was dismissed without the appointment of a personal representative, any proceeding under Division 8 (commencing with Section 13000), or any action or proceeding in another state. (Added by Stats. 1992, Ch. 871, Sec. 15. Effective January 1, 1993.)
1301.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 1. General [1300 - 1304] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 11. )
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In guardianship, conservatorship, and other protective proceedings, the grant or refusal of certain listed orders may be appealed.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 1. General [1300 - 1304] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 11. ) ## 1301. With respect to guardianships, conservatorships, and other protective proceedings, the grant or refusal to grant the following orders is appealable: (a) Granting or revoking of letters of guardianship or conservatorship, except letters of temporary guardianship or temporary conservatorship. (b) Granting permission to the guardian or conservator to fix the residence of the ward or conservatee at a place not within this state. (c) Directing, authorizing, approving, or modifying payments, whether for support, maintenance, or education of the ward or conservatee or for a person legally entitled to support, maintenance, or education from the ward or conservatee. (d) Granting or denying a petition under Section 2423 or under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 of Division 4. (e) Affecting the legal capacity of the conservatee pursuant to Chapter 4 (commencing with Section 1870) of Part 3 of Division 4. (f) Adjudicating the merits of a claim under Article 5 (commencing with Section 2500) of Chapter 6 of Part 4 of Division 4. (g) Granting or denying a petition under Chapter 3 (commencing with Section 3100) of Part 6 of Division 4. (Amended by Stats. 2001, Ch. 417, Sec. 5. Effective January 1, 2002.)
1301.5.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 1. General [1300 - 1304] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 11. )
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This section lists when appeals are allowed in certain conservatorship matters and bars some appeals until a final transfer order is entered.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 1. General [1300 - 1304] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 11. ) ## 1301.5. The following rules apply with respect to the California Conservatorship Jurisdiction Act (Chapter 8 (commencing with Section 1980) of Part 3 of Division 4): (a) (1) An appeal may be taken from an order assessing expenses against a party under Section 1997 if the amount exceeds five thousand dollars ($5,000). (2) An order under Section 1997 assessing expenses of five thousand dollars ($5,000) or less against a party may be reviewed on an appeal by that party after entry of a final judgment or an appealable order in the conservatorship proceeding. At the discretion of the court of appeal, that type of order may also be reviewed upon petition for an extraordinary writ. (b) An appeal may be taken from an order under Section 2001 denying a petition to transfer a conservatorship to another state. (c) An appeal may be taken from a final order under Section 2002 accepting a transfer and appointing a conservator in this state. (d) Notwithstanding any other law, an appeal may not be taken from either of the following until the court enters a final order under Section 2002 accepting the proposed transfer and appointing a conservator in this state: (1) An order under Section 2002 determining whether or how to conform a conservatorship to the law of this state. (2) An order that is made pursuant to a court review under Sections 1851.1 and 2002. (Added by Stats. 2014, Ch. 553, Sec. 3. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
1302.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 1. General [1300 - 1304] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 11. )
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For a power of attorney governed by the Power of Attorney Law, an appeal may be taken from certain final or dismissal-related orders.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 1. General [1300 - 1304] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 11. ) ## 1302. With respect to a power of attorney governed by the Power of Attorney Law (Division 4.5 (commencing with Section 4000)), an appeal may be taken from any of the following: (a) Any final order under Section 4541, except an order pursuant to subdivision (c) of Section 4541. (b) An order dismissing the petition or denying a motion to dismiss under Section 4543. (Amended by Stats. 1999, Ch. 658, Sec. 9. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
1302.5.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 1. General [1300 - 1304] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 11. )
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An appeal may be taken in certain advance health care directive cases.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 1. General [1300 - 1304] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 11. ) ## 1302.5. With respect to an advance health care directive governed by the Health Care Decisions Law (Division 4.7 (commencing with Section 4600)), an appeal may be taken from any of the following: (a) Any final order under Section 4766. (b) An order dismissing the petition or denying a motion to dismiss under Section 4768. (Added by Stats. 1999, Ch. 658, Sec. 10. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
1303.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 1. General [1300 - 1304] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 11. )
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This section says certain orders in a decedent’s estate are appealable.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 1. General [1300 - 1304] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 11. ) ## 1303. With respect to a decedent’s estate, the grant or refusal to grant the following orders is appealable: (a) Granting or revoking letters to a personal representative, except letters of special administration or letters of special administration with general powers. (b) Admitting a will to probate or revoking the probate of a will. (c) Setting aside a small estate under Section 6609. (d) Setting apart a probate homestead or property claimed to be exempt from enforcement of a money judgment. (e) Granting, modifying, or terminating a family allowance. (f) Determining heirship, succession, entitlement, or the persons to whom distribution should be made. (g) Directing distribution of property. (h) Determining that property passes to, or confirming that property belongs to, the surviving spouse under Section 13656. (i) Authorizing a personal representative to invest or reinvest surplus money under Section 9732. (j) Determining whether an action constitutes a contest under former Chapter 2 (commencing with Section 21320) of Part 3 of Division 11, as that chapter read prior to its repeal by Chapter 174 of the Statutes of 2008. (k) Determining the priority of debts under Chapter 3 (commencing with Section 11440) of Part 9 of Division 7. (l) Any final order under Chapter 1 (commencing with Section 20100) or Chapter 2 (commencing with Section 20200) of Division 10. (Amended by Stats. 2009, Ch. 348, Sec. 5. (SB 308) Effective January 1, 2010.)
1304.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 1. General [1300 - 1304] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 11. )
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In trust matters, certain final court orders are appealable, subject to listed exceptions.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 1. General [1300 - 1304] ( Chapter 1 added by Stats. 1997, Ch. 724, Sec. 11. ) ## 1304. With respect to a trust, the grant or denial of the following orders is appealable: (a) Any final order under Chapter 3 (commencing with Section 17200) of Part 5 of Division 9, except the following: (1) Compelling the trustee or trust director to submit an account or report acts as trustee or trust director, respectively. (2) Accepting the resignation of the trustee or trust director. (b) Any final order under Chapter 2 (commencing with Section 19020) of Part 8 of Division 9. (c) Any final order under Chapter 1 (commencing with Section 20100) and Chapter 2 (commencing with Section 20200) of Division 10. (d) Determining whether an action constitutes a contest under former Chapter 2 (commencing with Section 21320) of Part 3 of Division 11, as that chapter read prior to its repeal by Chapter 174 of the Statutes of 2008. (Amended by Stats. 2023, Ch. 721, Sec. 2. (SB 801) Effective January 1, 2024.)
13050.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [13050 - 13054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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This section says certain property and amounts are excluded when figuring the decedent’s estate value for this part.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [13050 - 13054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 13050. (a) For the purposes of this part: (1) Any property or interest or lien thereon that, at the time of the decedent’s death, was held by the decedent as a joint tenant, or in which the decedent had a life or other interest terminable upon the decedent’s death, or that was held by the decedent and passed to the decedent’s surviving spouse pursuant to Section 13500, shall be excluded in determining the property or estate of the decedent or its value. This excluded property shall include, but not be limited to, property in a trust revocable by the decedent during the decedent’s lifetime. (2) A multiple-party account to which the decedent was a party at the time of the decedent’s death shall be excluded in determining the property or estate of the decedent or its value, whether or not all or a portion of the sums on deposit are community property, to the extent that the sums on deposit belong after the death of the decedent to a surviving party, P.O.D. payee, or beneficiary. For the purposes of this paragraph, the terms “multiple-party account,” “party,” “P.O.D. payee,” and “beneficiary” are defined in Article 2 (commencing with Section 5120) of Chapter 1 of Part 2 of Division 5. (b) For the purposes of this part, all of the following property shall be excluded in determining the property or estate of the decedent or its value: (1) Any vehicle registered under Division 3 (commencing with Section 4000) of the Vehicle Code or titled under Division 16.5 (commencing with Section 38000) of the Vehicle Code. (2) Any vessel numbered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. (3) Any manufactured home, mobilehome, commercial coach, truck camper, or floating home registered under Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code. (c) For the purposes of this part, the value of the following property shall be excluded in determining the value of the decedent’s property in this state: (1) Any amounts due to the decedent for services in the Armed Forces of the United States. (2) The amount, not exceeding sixteen thousand six hundred twenty-five dollars ($16,625), as adjusted periodically in accordance with Section 890, of salary or other compensation, including compensation for unused vacation, owing to the decedent for personal services from any employment. (Amended by Stats. 2019, Ch. 122, Sec. 4. (AB 473) Effective January 1, 2020.)
13051.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [13050 - 13054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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Several named representatives may act on behalf of a person, trust, beneficiary, or beneficiaries in small-estate proceedings.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [13050 - 13054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 13051. For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent’s property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. (b) The trustee of a trust may act on behalf of the trust. In the case of a trust that is subject to continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the trustee may act on behalf of the trust without the need to obtain approval of the court. (c) If the decedent’s will authorizes a custodian under the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of any state to receive a devise to a beneficiary, the custodian may act on behalf of the beneficiary until such time as the custodianship terminates. (d) A sister state personal representative may act on behalf of the beneficiaries as provided in Chapter 3 (commencing with Section 12570) of Part 13 of Division 7. (e) The attorney in fact authorized under a durable power of attorney may act on behalf of the beneficiary giving the power of attorney. (Amended by Stats. 1991, Ch. 1055, Sec. 35.)
13052.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [13050 - 13054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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When appraising property under this part, the probate referee must use the decedent’s death date as the valuation date.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [13050 - 13054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 13052. In making an appraisal for the purposes of this part, the probate referee shall use the date of the decedent’s death as the date of valuation of the property. (Enacted by Stats. 1990, Ch. 79.)
13053.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [13050 - 13054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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This section says the part applies regardless of whether the decedent died before, on, or after July 1, 1987, except for certain transfers made before that date under former Probate Code Sections 630 to 632.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [13050 - 13054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 13053. (a) Except as provided in subdivision (b), this part applies whether the decedent died before, on, or after July 1, 1987. (b) This part does not apply and the law in effect at the time of payment, delivery, or transfer shall apply if the payment, delivery, or transfer was made prior to July 1, 1987, pursuant to former Probate Code Sections 630 to 632, inclusive, repealed by Chapter 783 of the Statutes of 1986. (Enacted by Stats. 1990, Ch. 79.)
13054.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [13050 - 13054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
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References to former Sections 630 to 632 in statutes or written instruments are treated as references to the comparable provisions in Chapter 3 starting with Section 13100.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [13050 - 13054] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 13054. A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 630 to 632, inclusive, repealed by Chapter 783, Statutes of 1986, shall be deemed to be a reference to the comparable provisions of Chapter 3 (commencing with Section 13100). (Enacted by Stats. 1990, Ch. 79.)
1310.
## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 2. Effect of an Appeal [1310 - 1312] ( Chapter 2 added by Stats. 1997, Ch. 724, Sec. 11. )
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An appeal usually stays the judgment or order, but there are exceptions for court directions, guardianship proceedings, undertakings, and certain money judgments.

## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 3. APPEALS [1300 - 1312] ( Part 3 added by Stats. 1997, Ch. 724, Sec. 11. ) ## CHAPTER 2. Effect of an Appeal [1310 - 1312] ( Chapter 2 added by Stats. 1997, Ch. 724, Sec. 11. ) ## 1310. (a) Except as provided in subdivisions (b), (c), (d), and (e), an appeal pursuant to Chapter 1 (commencing with Section 1300) stays the operation and effect of the judgment or order. (b) Notwithstanding that an appeal is taken from the judgment or order, for the purpose of preventing injury or loss to a person or property, the trial court may direct the exercise of the powers of the fiduciary, or may appoint a temporary guardian or conservator of the person or estate, or both, or a special administrator or temporary trustee, to exercise the powers, from time to time, as if no appeal were pending. All acts of the fiduciary pursuant to the directions of the court made under this subdivision are valid, irrespective of the result of the appeal. An appeal of the directions made by the court under this subdivision shall not stay these directions. (c) In proceedings for guardianship of the person, Section 917.7 of the Code of Civil Procedure shall apply. (d) An appeal shall not stay the operation and effect of the judgment or order if the court requires an undertaking, as provided in Section 917.9 of the Code of Civil Procedure, and the undertaking is not given. (e) An appeal shall not stay the operation and effect of a judgment for money or an order directing payment of money, unless one of the following applies: (1) A bond is posted as provided in Section 917.1 of the Code of Civil Procedure. (2) The payment is to be made from a decedent’s estate being administered under Division 7 (commencing with Section 7000) or from the estate of a person who is subject to a guardianship or conservatorship of the estate under Division 4 (commencing with Section 1400). However, a court may require a bond as provided in subdivision (d). (Amended by Stats. 2010, Ch. 94, Sec. 1. (AB 2271) Effective January 1, 2011.)
13100.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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A decedent’s successor may use this section to collect or transfer certain property without letters of administration or waiting for probate, if the listed value and timing conditions are met.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13100. Excluding the property described in Section 13050 and any property included in a petition filed under Section 13151, if the gross value of the decedent’s real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890, and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will, do any of the following with respect to one or more particular items of property: (a) Collect any particular item of property that is money due the decedent. (b) Receive any particular item of property that is tangible personal property of the decedent. (c) Have any particular item of property that is evidence of a debt, obligation, interest, right, security, or chose in action belonging to the decedent transferred, whether or not secured by a lien on real property. (Amended by Stats. 2024, Ch. 331, Sec. 1. (AB 2016) Effective January 1, 2025.)
13100.5.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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This section defines key terms used in the chapter.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13100.5. The following definitions apply for the purposes of this chapter: (a) “Transferee” means a person to whom payment, delivery, or transfer of property is made under this chapter. (b) “Transferred property” means property that is paid, delivered, or transferred pursuant to an affidavit or declaration executed under Section 13101. (c) “Unsecured debts” includes, but is not limited to, a decedent’s funeral expenses, expenses of a decedent’s last illness, and wage claims. (Added by Stats. 2022, Ch. 29, Sec. 2. (AB 1716) Effective January 1, 2023.)
13101.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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To use this small-estate affidavit procedure, the affiant or declarant must give the holder of the decedent’s property a sworn affidavit or declaration with specified statements and attachments.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13101. (a) To collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred under this chapter, an affidavit or a declaration under penalty of perjury under the laws of this state shall be furnished to the holder of the decedent’s property stating all of the following: (1) The decedent’s name. (2) The date and place of the decedent’s death. (3) “At least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the decedent’s death certificate attached to this affidavit or declaration.” (4) Either of the following, as appropriate: (A) “No proceeding is now being or has been conducted in California for administration of the decedent’s estate.” (B) “The decedent’s personal representative has consented in writing to the payment, transfer, or delivery to the affiant or declarant of the property described in the affidavit or declaration.” (5) “The current gross fair market value of the decedent’s real and personal property in California, excluding the property described in Section 13050 of the California Probate Code and any property included in a petition filed under Section 13151 of the California Probate Code, does not exceed [Insert dollar amount specified in subdivision (g) of Section 13101 of the California Probate Code].” (6) A description of the property of the decedent that is to be paid, transferred, or delivered to the affiant or declarant. (7) The name of the successor of the decedent, as defined in Section 13006, to the described property. (8) Either of the following, as appropriate: (A) “The affiant or declarant is the successor of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent’s interest in the described property.” (B) “The affiant or declarant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decedent (as defined in Section 13006 of the California Probate Code) with respect to the decedent’s interest in the described property.” (9) “No other person has a superior right to the interest of the decedent in the described property.” (10) “The affiant or declarant requests that the described property be paid, delivered, or transferred to the affiant or declarant.” (11) “The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” (b) Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact. (c) If the particular item of property to be transferred under this chapter is a debt or other obligation secured by a lien on real property and the instrument creating the lien has been recorded in the office of the county recorder of the county where the real property is located, the affidavit or declaration shall satisfy the requirements both of this section and of Section 13106.5. (d) A certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration. (e) If the decedent’s personal representative has consented to the payment, transfer, or delivery of the described property to the affiant or declarant, a copy of the consent and of the personal representative’s letters shall be attached to the affidavit or declaration. (f) If the decedent dies on or after April 1, 2022, the list of adjusted dollar amounts, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death, shall be attached to the affidavit or declaration. (g) (1) If the decedent dies prior to April 1, 2022, the dollar amount for paragraph (5) of subdivision (a) is one hundred sixty-six thousand two hundred fifty dollars ($166,250). (2) If the decedent dies on or after April 1, 2022, the dollar amount for paragraph (5) of subdivision (a) is the adjusted dollar amount, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death. (Amended by Stats. 2024, Ch. 331, Sec. 2. (AB 2016) Effective January 1, 2025.)
13102.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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If available, evidence of ownership must be presented with the affidavit or declaration to the property holder. If that evidence is not presented, the holder may require a reasonable bond or undertaking before paying, delivering, or transferring the property.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13102. (a) If the decedent had evidence of ownership of the property described in the affidavit or declaration and the holder of the property would have had the right to require presentation of the evidence of ownership before the duty of the holder to pay, deliver, or transfer the property to the decedent would have arisen, the evidence of ownership, if available, shall be presented with the affidavit or declaration to the holder of the decedent’s property. (b) If the evidence of ownership is not presented to the holder pursuant to subdivision (a), the holder may require, as a condition for the payment, delivery, or transfer of the property, that the person presenting the affidavit or declaration provide the holder with a bond or undertaking in a reasonable amount determined by the holder to be sufficient to indemnify the holder against all liability, claims, demands, loss, damages, costs, and expenses that the holder may incur or suffer by reason of the payment, delivery, or transfer of the property. Nothing in this subdivision precludes the holder and the person presenting the affidavit or declaration from dispensing with the requirement that a bond or undertaking be provided and instead entering into an agreement satisfactory to the holder concerning the duty of the person presenting the affidavit or declaration to indemnify the holder. (Enacted by Stats. 1990, Ch. 79.)
13103.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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If the decedent’s estate includes real property in California, the affidavit or declaration must include an inventory and appraisal of that real property.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13103. If the estate of the decedent includes any real property in this state, the affidavit or declaration shall be accompanied by an inventory and appraisal of the real property. The inventory and appraisal of the real property shall be made as provided in Part 3 (commencing with Section 8800) of Division 7. The appraisal shall be made by a probate referee selected by the affiant or declarant from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located. (Enacted by Stats. 1990, Ch. 79.)
13104.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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This section requires the holder of the decedent’s property to receive reasonable proof of identity for each person signing the affidavit or declaration, and it requires the holder to make a note on the document unless there is a notary acknowledgment.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13104. (a) Reasonable proof of the identity of each person executing the affidavit or declaration shall be provided to the holder of the decedent’s property. (b) Reasonable proof of identity is provided for the purposes of this section if both of the following requirements are satisfied: (1) The person executing the affidavit or declaration is personally known to the holder. (2) The person executes the affidavit or declaration in the presence of the holder. (c) If the affidavit or declaration is executed in the presence of the holder, a written statement under penalty of perjury by a person personally known to the holder affirming the identity of the person executing the affidavit or declaration is reasonable proof of identity for the purposes of this section. (d) If the affidavit or declaration is executed in the presence of the holder, the holder may reasonably rely on any of the following as reasonable proof of identity for the purposes of this section: (1) An identification card or driver’s license issued by the Department of Motor Vehicles of this state that is current or was issued during the preceding five years. (2) A passport issued by the Department of State of the United States that is current or was issued during the preceding five years. (3) Any of the following documents if the document is current or was issued during the preceding five years and contains a photograph and description of the person named on it, is signed by the person, and bears a serial or other identifying number: (A) A passport issued by a foreign government that has been stamped by the United States Immigration and Naturalization Service. (B) A driver’s license issued by a state other than California. (C) An identification card issued by a state other than California. (D) An identification card issued by any branch of the armed forces of the United States. (e) For the purposes of this section, a notary public’s certificate of acknowledgment identifying the person executing the affidavit or declaration is reasonable proof of identity of the person executing the affidavit or declaration. (f) Unless the affidavit or declaration contains a notary public’s certificate of acknowledgment of the identity of the person, the holder shall note on the affidavit or declaration either that the person executing the affidavit or declaration is personally known or a description of the identification provided by the person executing the affidavit or declaration. (Enacted by Stats. 1990, Ch. 79.)
13105.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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If the statutory requirements are met, the successor may receive the property, and a transfer agent must update registered ownership for certain securities.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13105. (a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied: (1) The person or persons executing the affidavit or declaration as successor of the decedent are entitled to have the property described in the affidavit or declaration paid, delivered, or transferred to them. (2) A transfer agent of a security described in the affidavit or declaration shall change the registered ownership on the books of the corporation from the decedent to the person or persons executing the affidavit or declaration as successor of the decedent. (b) If the holder of the decedent’s property refuses to pay, deliver, or transfer any personal property or evidence thereof to the successor of the decedent within a reasonable time, the successor may recover the property or compel its payment, delivery, or transfer in an action brought for that purpose against the holder of the property. If an action is brought against the holder under this section, the court shall award reasonable attorney’s fees to the person or persons bringing the action if the court finds that the holder of the decedent’s property acted unreasonably in refusing to pay, deliver, or transfer the property to them as required by subdivision (a). (Enacted by Stats. 1990, Ch. 79.)
13106.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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If certain affidavit requirements are met, the property holder may rely on the affidavit or declaration, has no duty to investigate it, and is protected from liability tied to paying money, delivering property, changing registered ownership, or related state taxes.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13106. (a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied, receipt by the holder of the decedent’s property of the affidavit or declaration constitutes sufficient acquittance for the payment of money, delivery of property, or changing registered ownership of property pursuant to this chapter and discharges the holder from any further liability with respect to the money or property. The holder may rely in good faith on the statements in the affidavit or declaration and has no duty to inquire into the truth of any statement in the affidavit or declaration. (b) If the requirements of Sections 13100 to 13104, inclusive, are satisfied, the holder of the decedent’s property is not liable for any taxes due to this state by reason of paying money, delivering property, or changing registered ownership of property pursuant to this chapter. (Enacted by Stats. 1990, Ch. 79.)
13106.5.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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If certain real-property-secured debts or obligations are transferred under this chapter, the affidavit or declaration must be recorded in the county recorder’s office and include specific lien and acknowledgment details.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13106.5. (a) If the particular item of property transferred under this chapter is a debt or other obligation secured by a lien on real property and the instrument creating the lien has been recorded in the office of the county recorder of the county where the real property is located, the affidavit or declaration described in Section 13101 shall be recorded in the office of the county recorder of that county and, in addition to the contents required by Section 13101, shall include both of the following: (1) The recording reference of the instrument creating the lien. (2) A notary public’s certificate of acknowledgment identifying each person executing the affidavit or declaration. (b) The transfer under this chapter of the debt or obligation secured by a lien on real property has the same effect as would be given to an assignment of the right to collect the debt or enforce the obligation. The recording of the affidavit or declaration under subdivision (a) shall be given the same effect as is given under Sections 2934 and 2935 of the Civil Code to recording an assignment of a mortgage and an assignment of the beneficial interest under a deed of trust. (c) If a deed of trust upon the real property was given to secure the debt and the requirements of subdivision (a) and of Sections 13100 to 13103, inclusive, are satisfied: (1) The trustee under the deed of trust may rely in good faith on the statements made in the affidavit or declaration and has no duty to inquire into the truth of any statement in the affidavit or declaration. (2) A person acting in good faith and for a valuable consideration may rely upon a recorded reconveyance of the trustee under the deed of trust. (d) If a mortgage upon the real property was given to secure the debt and the requirements of subdivision (a) and of Sections 13100 to 13103, inclusive, are satisfied, a person acting in good faith and for a valuable consideration may rely upon a recorded discharge of the mortgage executed by the person or persons executing the affidavit or declaration as successor of the decedent or by their successors in interest. (Enacted by Stats. 1990, Ch. 79.)
13107.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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If the claimed property belongs to a deceased heir or devisee whose estate is being administered in the state, the personal representative must file the affidavit or declaration with the court, and the court must order payment or delivery to the successor identified in it if the distribution order confirms entitlement.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13107. Where the money or property claimed in an affidavit or declaration presented under this chapter is that of a deceased heir or devisee of a deceased person whose estate is being administered in this state, the personal representative of the person whose estate is being administered shall present the affidavit or declaration to the court in which the estate is being administered. The court shall direct the personal representative to pay the money or deliver the property to the person or persons identified by the affidavit or declaration as the successor of the decedent to the extent that the order for distribution determines that the deceased heir or devisee was entitled to the money or property under the will or the laws of succession. (Enacted by Stats. 1990, Ch. 79.)
13107.5.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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A decedent’s successor must seek substitution in a pending case by motion, and must file the affidavit or declaration with the court when making that motion.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13107.5. Where the money or property claimed in an affidavit or declaration executed under this chapter is the subject of a pending action or proceeding in which the decedent was a party, the successor of the decedent shall, without procuring letters of administration or awaiting probate of the will, be substituted as a party in place of the decedent by making a motion under Article 3 (commencing with Section 377.30) of Chapter 4 of Title 2 of Part 2 of the Code of Civil Procedure. The successor of the decedent shall file the affidavit or declaration with the court when the motion is made. For the purpose of Article 3 (commencing with Section 377.30) of Chapter 4 of Title 2 of Part 2 of the Code of Civil Procedure, a successor of the decedent who complies with this chapter shall be considered as a successor in interest of the decedent. (Amended by Stats. 1992, Ch. 178, Sec. 39. Effective January 1, 1993.)
13108.
## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )
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This chapter’s procedure may be used only if no estate administration proceeding is pending or has occurred in California, or if the decedent’s personal representative gives written consent.

## Probate Code - PROB ## DIVISION 8. DISPOSITION OF ESTATE WITHOUT ADMINISTRATION [13000 - 13660] ( Division 8 enacted by Stats. 1990, Ch. 79. ) ## PART 1. COLLECTION OR TRANSFER OF SMALL ESTATE WITHOUT ADMINISTRATION [13000 - 13211] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Affidavit Procedure for Collection or Transfer of Personal Property [13100 - 13117] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 13108. (a) The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (1) No proceeding for the administration of the decedent’s estate is pending or has been conducted in this state. (2) The decedent’s personal representative consents in writing to the payment, transfer, or delivery of the property described in the affidavit or declaration pursuant to this chapter. (b) Payment, delivery, or transfer of a decedent’s property pursuant to this chapter does not preclude later proceedings for administration of the decedent’s estate. (Amended by Stats. 1991, Ch. 1055, Sec. 38.)

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