California

Probate Code

2,711 sections, each with the official text and a plain-English explanation of what it means for you.

• § 6341 — If a testator’s will provides that devised property shall be paid or delivered or transferred to a custodian subject to the California Uniform Gifts to Minors Act or the California Uniform Transfers t
• § 6345 — The will may provide for successor or substitute custodians and may specify the standard of compensation of the custodian.
• § 6347 — (a) Except as otherwise provided in the will or ordered by a court, each custodian designated in the will and the person for whom the property is to be held shall be deemed a devisee for the purpose o
• § 6348 — Until distribution of the property pursuant to an order for distribution is completed, the court in which administration of the estate of the testator is pending has exclusive jurisdiction over all pr
• § 6349 — (a) This chapter shall not be construed as providing an exclusive method for making devises to or for the benefit of minors.
• § 635 — Nothing in this chapter affects the power of a court of competent jurisdiction to remedy a defective exercise of an imperative power of appointment.
• § 6380 — In this chapter: (a) “International will” means a will executed in conformity with Sections 6381 to 6384, inclusive.
• § 6381 — (a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile, or residence of the testator, if it is mad
• § 6382 — (a) The will shall be made in writing.
• § 6383 — (a) The signatures shall be placed at the end of the will.
• § 6384 — The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this chapter for valid execution of an international will have
• § 6385 — In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this chapter.
• § 6386 — The international will is subject to the ordinary rules of revocation of wills.
• § 6387 — Sections 6380 to 6386, inclusive, derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will.
• § 6388 — Individuals who have been admitted to practice law before the courts of this state and who are in good standing as active law practitioners of this state are authorized persons in relation to internat
• § 6389 — The Secretary of State shall establish a registry system by which authorized persons may register in a central information center information regarding the execution of international wills, keeping th
• § 6390 — After December 31, 1984, a reference in a written instrument, including a will, to the former law (repealed by Chapter 892 of the Statutes of 1984) shall be deemed to be a reference to the correspondi
• § 640 — (a) The exercise of a power of appointment requires a manifestation of the powerholder’s intent to exercise the power.
• § 6400 — Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in this part.
• § 6401 — (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100.
• § 6402 — Except as provided in Section 6402.
• § 6402.5 — (a) For purposes of distributing real property under this section if the decedent had a predeceased spouse who died not more than 15 years before the decedent and there is no surviving spouse or issue
• § 6403 — (a) A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of intestate succession, and the heirs are determined accordingly.
• § 6404 — Part 4 (commencing with Section 6800) (escheat) applies if there is no taker of the intestate estate under the provisions of this part.
• § 6406 — Except as provided in Section 6451, relatives of the halfblood inherit the same share they would inherit if they were of the whole blood.
• § 6407 — Relatives of the decedent conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent.
• § 6409 — (a) If a person dies intestate as to all or part of his or her estate, property the decedent gave during lifetime to an heir is treated as an advancement against that heir’s share of the intestate est
• § 641 — (a) A general residuary clause in a will, or a will making general disposition of all the testator’s property, does not exercise a power of appointment held by the testator unless specific reference i
• § 6410 — (a) A debt owed to the decedent is not charged against the intestate share of any person except the debtor.
• § 6411 — No person is disqualified to take as an heir because that person or a person through whom the person claims is or has been a person who is not a citizen or national of the United States.
• § 6412 — Except to the extent provided in Section 120, the estates of dower and curtesy are not recognized.
• § 6413 — A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share.
• § 6414 — (a) Except as provided in subdivision (b), this part does not apply where the decedent died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where the decede
• § 642 — If a power of appointment existing at the powerholder’s death, but created after the execution of the powerholder’s will, is exercised by the will, the appointment is effective except in either of the
• § 6450 — Subject to the provisions of this chapter, a relationship of parent and child exists for the purpose of determining intestate succession by, through, or from a person in the following circumstances: (
• § 6451 — (a) An adoption severs the relationship of parent and child between an adopted person and a natural parent of the adopted person unless both of the following requirements are satisfied: (1) The natura
• § 6452 — (a) A parent does not inherit from or through a child on the basis of the parent and child relationship if any of the following apply: (1) The parent’s parental rights were terminated and the parent-c
• § 6453 — For the purpose of determining whether a person is a “natural parent” as that term is used in this chapter: (a) A natural parent and child relationship is established where that relationship is presum
• § 6454 — For the purpose of determining intestate succession by a person or the person’s issue from or through a foster parent or stepparent, the relationship of parent and child exists between that person and
• § 6455 — Nothing in this chapter affects or limits application of the judicial doctrine of equitable adoption for the benefit of the child or the child’s issue.
• § 650 — (a) The powerholder of a general power of appointment may make an appointment: (1) Of all of the appointive property at one time, or several partial appointments at different times, where the power is
• § 6500 — Until the inventory is filed and for a period of 60 days thereafter, or for such other period as may be ordered by the court for good cause on petition therefor, the decedent’s surviving spouse and mi
• § 6501 — A petition for an order under Section 6500 may be filed by any interested person.
• § 651 — Subject to the limitations imposed by the creating instrument, the powerholder of a special power may make any of the types of appointment permissible for the powerholder of a general power under Sect
• § 6510 — Upon the filing of the inventory or at any subsequent time during the administration of the estate, the court in its discretion may on petition therefor set apart all or any part of the property of th
• § 6511 — A petition for an order under Section 6510 may be filed by any interested person.
• § 652 — (a) Except as provided in subdivision (b), the powerholder of a special power of appointment may appoint the whole or any part of the appointive property to any one or more of the permissible appointe
• § 6520 — Upon the filing of the inventory or at any subsequent time during the administration of the estate, the court in its discretion may on petition therefor select and set apart one probate homestead in t
• § 6521 — The probate homestead shall be set apart for the use of one or more of the following persons: (a) The surviving spouse.
• § 6522 — (a) The probate homestead shall be selected out of the following property, giving first preference to the community and quasi-community property of, or property owned in common by, the decedent and th
• § 6523 — (a) In selecting and setting apart the probate homestead, the court shall consider the needs of the surviving spouse and minor children, the liens and encumbrances on the property, the claims of credi
• § 6524 — The property set apart as a probate homestead shall be set apart only for a limited period, to be designated in the order, and in no case beyond the lifetime of the surviving spouse, or, as to a child
• § 6525 — (a) A petition to select and set apart a probate homestead may be filed by any interested person.
• § 6526 — (a) Property of the decedent set apart as a probate homestead is liable for claims against the estate of the decedent, subject to the probate homestead right.
• § 6527 — (a) The court may by order modify the term or conditions of the probate homestead right or terminate the probate homestead right at any time prior to entry of an order for final distribution of the de
• § 6528 — Nothing in this chapter terminates or otherwise affects a declaration of homestead by, or for the benefit of, a surviving spouse or minor child of the decedent with respect to the community, quasi-com
• § 6540 — (a) The following are entitled to such reasonable family allowance out of the estate as is necessary for their maintenance according to their circumstances during administration of the estate: (1) The
• § 6541 — (a) The court may grant or modify a family allowance on petition of any interested person.
• § 6542 — A family allowance commences on the date of the court’s order or such other time as may be provided in the court’s order, whether before or after the date of the order, as the court in its discretion
• § 6543 — (a) A family allowance shall terminate no later than the entry of the order for final distribution of the estate or, if the estate is insolvent, no later than one year after the granting of letters.
• § 6544 — The costs of proceedings under this chapter shall be paid by the estate as expenses of administration.
• § 6545 — Notwithstanding Chapter 2 (commencing with Section 916) of Title 13 of Part 2 of the Code of Civil Procedure, the perfecting of an appeal from an order made under this chapter does not stay proceeding
• § 66 — “Quasi-community property” means the following property, other than community property as defined in Section 28: (a) All personal property wherever situated, and all real property situated in this sta
• § 660 — (a) The powerholder of a power of appointment that is presently exercisable, whether general or special, can contract to make an appointment to the same extent that the powerholder could make an effec
• § 6600 — (a) Subject to subdivision (b), for the purposes of this chapter, “decedent’s estate” means all the decedent’s personal property, wherever located, and all the decedent’s real property located in this
• § 6601 — As used in this chapter, “minor child” means a child of the decedent who was under the age of 18 at the time of the decedent’s death and who survived the decedent.
• § 6602 — A petition may be filed under this chapter requesting an order setting aside the decedent’s estate to the decedent’s surviving spouse and minor children, or one or more of them, as provided in this ch
• § 6603 — The petition shall be filed in the superior court of a county in which the estate of the decedent may be administered.
• § 6604 — (a) The petition shall allege that this chapter applies and request that an order be made setting aside the estate of the decedent as provided in this chapter.
• § 6605 — (a) If proceedings for the administration of the estate of the decedent are pending, a petition under this chapter shall be filed in those proceedings without the payment of an additional fee.
• § 6606 — (a) A petition may be filed under this chapter by any of the following: (1) The person named in the will of the decedent as executor.
• § 6607 — (a) Where proceedings for the administration of the estate of the decedent are not pending when the petition is filed under this chapter and the petition under this chapter is not joined with a petiti
• § 6608 — If a petition is filed under this chapter, the personal representative, or the petitioner if no personal representative has been appointed, shall file with the clerk of the court, prior to the hearing
• § 6609 — (a) If the court determines that the net value of the decedent’s estate, over and above all liens and encumbrances at the date of death of the decedent and over and above the value of any probate home
• § 661 — (a) Unless the creating instrument otherwise provides, a general or special power of appointment that is a discretionary power, whether testamentary or otherwise, may be released, either with or witho
• § 6610 — Upon becoming final, an order under Section 6609 shall be conclusive on all persons, whether or not they are then in being.
• § 6611 — (a) Subject to the limitations and conditions specified in this section, the person or persons in whom title vested pursuant to Section 6609 are personally liable for the unsecured debts of the decede
• § 6612 — If a petition filed under this chapter is filed with a petition for the probate of the decedent’s will or for administration of the estate of the decedent and the court determines not to make an order
• § 6613 — The attorney’s fees for services performed in connection with the filing of a petition and the obtaining of a court order under this chapter shall be determined by private agreement between the attorn
• § 6614 — Sections 6600 to 6613, inclusive, do not apply if the decedent died before July 1, 1987.
• § 6615 — A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 640 to 647.
• § 662 — (a) A release on behalf of a minor powerholder shall be made by the guardian of the estate of the minor pursuant to an order of court obtained under this section.
• § 670 — An exercise of a power of appointment is not void solely because it is more extensive than authorized by the power, but is valid to the extent that the exercise was permissible under the terms of the
• § 671 — (a) Unless the creating instrument or the powerholder, in writing, manifests a contrary intent, where the powerholder dies without having exercised an imperative power of appointment either in whole o
• § 672 — (a) Except as provided in subdivision (b), if the powerholder of a discretionary power of appointment fails to appoint the property, releases the entire power, or makes an ineffective appointment, in
• § 673 — (a) Except as provided in subdivision (b), if an appointment by will or by instrument effective only at the death of the powerholder is ineffective because of the death of an appointee before the appo
• § 674 — (a) Unless the creating instrument expressly provides otherwise, if a permissible appointee dies before the exercise of a special power of appointment, the powerholder has the power to appoint to the
• § 675 — If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property shall be allocated in the permiss
• § 676 — Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment,
• § 68 — “Real property” includes a leasehold interest in real property.
• § 680 — The donor of a power of appointment cannot nullify or alter the rights given creditors of the powerholder by Sections 682, 683, and 684 by any language in the instrument creating the power.
• § 6800 — (a) If a decedent, whether or not the decedent was domiciled in this state, leaves no one to take the decedent’s estate or any portion thereof by testate succession, and no one other than a government
• § 6801 — Real property in this state escheats to this state in accordance with Section 6800.
• § 6802 — All tangible personal property owned by the decedent, wherever located at the decedent’s death, that was customarily kept in this state prior to the decedent’s death, escheats to this state in accorda
• § 6803 — (a) Subject to subdivision (b), all tangible personal property owned by the decedent that is subject to the control of a superior court of this state for purposes of administration under this code esc
• § 6804 — All intangible property owned by the decedent escheats to this state in accordance with Section 6800 if the decedent was domiciled in this state at the time of the decedent’s death.
• § 6805 — (a) Subject to subdivision (b), all intangible property owned by the decedent that is subject to the control of a superior court of this state for purposes of administration under this code escheats t
• § 6806 — Notwithstanding any other provision of law, a benefit consisting of money or other property distributable from a trust established under a plan providing health and welfare, pension, vacation, severan
• § 681 — (a) Except as provided in subdivision (b), property covered by a special power of appointment is not subject to the claims of creditors of the powerholder or of the powerholder’s estate or to the expe
• § 682 — (a) To the extent that the property owned by the powerholder is inadequate to satisfy the claims of the powerholder’s creditors, property subject to a general power of appointment that is presently ex
• § 683 — Property subject to a general power of appointment created by the donor in the donor’s favor, whether or not presently exercisable, is subject to the claims of the donor’s creditors or the donor’s est
• § 684 — For the purposes of Sections 682 and 683, a person to whom the powerholder owes an obligation of support shall be considered a creditor of the powerholder to the extent that a legal obligation exists
• § 69 — “Revocable transfer on death deed” or “revocable TOD deed” means a revocable transfer on death deed as described in Section 5614.
• § 690 — The statutory rule against perpetuities provided by Part 2 (commencing with Section 21200) of Division 11 applies to powers of appointment governed by this part.
• § 695 — (a) Unless the power to revoke is in the creating instrument or exists pursuant to Section 15400, the creation of a power of appointment is irrevocable.
• § 7 — Whenever a reference is made to any portion of this code or to any other law, the reference applies to all amendments and additions heretofore or hereafter made.
• § 70 — “Security” includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of
• § 700 — Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
• § 7000 — Subject to Section 7001, title to a decedent’s property passes on the decedent’s death to the person to whom it is devised in the decedent’s last will or, in the absence of such a devise, to the deced
• § 7001 — The decedent’s property is subject to administration under this code, except as otherwise provided by law, and is subject to the rights of beneficiaries, creditors, and other persons as provided by la
• § 701 — “Attorney” means an individual licensed to practice law in this state.
• § 702 — “Deposit” means delivery of a document by a depositor to an attorney for safekeeping or authorization by a depositor for an attorney to retain a document for safekeeping.
• § 703 — “Depositor” means a natural person who deposits the person’s document with an attorney.
• § 704 — “Document” means any of the following: (a) A signed original will, declaration of trust, trust amendment, or other document modifying a will or trust.
• § 7050 — The superior court has jurisdiction of proceedings under this code concerning the administration of the decedent’s estate.
• § 7051 — If the decedent was domiciled in this state at the time of death, the proper county for proceedings concerning administration of the decedent’s estate is the county in which the decedent was domiciled
• § 7052 — If the decedent was not domiciled in this state at the time of death, the proper county for proceedings under this code concerning the administration of the decedent’s estate is one of the following:
• § 7060 — (a) In addition to any other ground provided by law for disqualification of a judge, a judge is disqualified from acting in proceedings under this code concerning the administration of the decedent’s
• § 7070 — The court or judge shall order a proceeding under this code concerning the administration of the decedent’s estate transferred to another county if there is no judge of the court in which the proceedi
• § 7071 — Transfer of a proceeding under this article shall be to another county in which property of the decedent is located or, if there is no other county in which property of the decedent is located, to an
• § 7072 — Upon petition of the personal representative or other interested person before entry of the order for final distribution of the estate, a proceeding transferred under this article may be retransferred
• § 710 — If a document is deposited with an attorney, the attorney, and a successor attorney that accepts transfer of the document, shall use ordinary care for preservation of the document on and after July 1,
• § 711 — If a document deposited with an attorney is lost or destroyed, the attorney shall give notice of the loss or destruction to the depositor by one of the following methods: (a) By delivering pursuant to
• § 712 — Notwithstanding failure of an attorney to satisfy the standard of care required by Section 710 or 716, the attorney is not liable for loss or destruction of the document if the depositor has actual no
• § 713 — The acceptance by an attorney of a document for deposit imposes no duty on the attorney to do either of the following: (a) Inquire into the content, validity, invalidity, or completeness of the docume
• § 714 — (a) If so provided in a written agreement signed by the depositor, an attorney may charge the depositor for compensation and expenses incurred in safekeeping or delivery of a document deposited with t
• § 715 — An attorney may give written notice to a depositor, and obtain written acknowledgment from the depositor, in the following form: NOTICE AND ACKNOWLEDGMENT To: (Name of depositor) (Address) (City, stat
• § 716 — Notwithstanding Section 710, if an attorney has given written notice to the depositor, and has obtained written acknowledgment from the depositor, in substantially the form provided in Section 715, an
• § 72 — “Spouse” includes domestic partner, as defined in Section 37 of this code, as required by Section 297.
• § 720 — A depositor may terminate a deposit on demand, in which case the attorney shall deliver the document to the depositor.
• § 7220 — In proceedings under this code concerning the administration of the decedent’s estate, a motion for a new trial may be made only in the following cases: (a) Contest of a will or revocation of probate
• § 7250 — (a) When a judgment or order made pursuant to the provisions of this code concerning the administration of the decedent’s estate becomes final, it releases the personal representative and the sureties
• § 7260 — As used in this article, “transaction” means a transaction affecting title to property in the estate, including, but not limited to, the following: (a) In the case of real property, a conveyance (incl
• § 7261 — If a transaction affecting real property in the estate is executed by the personal representative in accordance with the terms of a court order, the instrument shall include a statement that the trans
• § 7262 — A transaction executed by the personal representative in accordance with an order authorizing or directing the transaction has the same effect as if the decedent were living at the time of the transac
• § 7263 — If an order is made setting apart a probate homestead, confirming a sale or making a distribution of real property, or determining any other matter affecting title to real property in the estate, the
• § 7280 — Where compensation, pension, insurance, or other allowance is made or awarded by a department or bureau of the United States government to a decedent’s estate, the department or bureau has the same ri
• § 730 — An attorney with whom a document has been deposited, or to whom a document has been transferred pursuant to this article, may terminate the deposit only as provided in this article.
• § 731 — An attorney may terminate the deposit by one of the following methods: (a) Personal delivery of the document to the depositor.
• § 732 — (a) An attorney may terminate a deposit under this section if the attorney has delivered notice pursuant to Section 1215 to reclaim the document to the depositor’s last known address and the depositor
• § 733 — (a) An attorney transferring one or more documents under Section 732 shall deliver notice pursuant to Section 1215 of the transfer to the State Bar of California.
• § 734 — (a) In cases not governed by subdivision (b) or (c), after the death of the depositor an attorney may terminate a deposit by personal delivery of the document to the depositor’s personal representativ
• § 735 — (a) If the attorney is deceased or lacks legal capacity, a deposit may be terminated as provided in this article by the attorney’s law partner, by a shareholder of the attorney’s law corporation, or b
• § 74 — “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
• § 76 — A “subscribing witness” to a will means a witness who signs the will as provided in Section 6110.
• § 7600 — If a public officer or employee knows of property of a decedent that is subject to loss, injury, waste, or misappropriation and that ought to be in the possession or control of the public administrato
• § 7600.5 — If a person dies in a hospital, convalescent hospital, or board and care facility without known next of kin, the person in charge of the hospital or facility shall give immediate notice of that fact t
• § 7600.6 — A funeral director in control of the decedent’s remains pursuant to subdivision (c) of Section 7100 of the Health and Safety Code shall notify the public administrator if none of the persons described
• § 7601 — (a) If no personal representative has been appointed, the public administrator of a county shall take prompt possession or control of property of a decedent in the county that is deemed by the public
• § 7602 — (a) A public administrator who is authorized to take possession or control of property of a decedent under this article shall make a prompt search for other property, a will, and instructions for disp
• § 7603 — (a) A public administrator who is authorized to take possession or control of property of a decedent pursuant to this article may issue a written certification of that fact.
• § 7604 — If the public administrator takes possession or control of property of a decedent under this article, but another person is subsequently appointed personal representative or subsequently takes control
• § 7605 — On or before January 1, 2010, the public administrator shall comply with the continuing education requirements that are established by the California State Association of Public Administrators, Public
• § 7620 — The public administrator of the county in which the estate of a decedent may be administered shall promptly: (a) Petition for appointment as personal representative of the estate if no person having h
• § 7621 — (a) Except as otherwise provided in this section, appointment of the public administrator as personal representative shall be made, and letters issued, in the same manner and pursuant to the same proc
• § 7622 — Except as otherwise provided in this chapter: (a) The public administrator shall administer the estate in the same manner as a personal representative generally, and the provisions of this code concer
• § 7623 — (a) As used in this section, “additional compensation” means the difference between the reasonable compensation of the public administrator in administering the estate and the compensation awarded the
• § 7624 — (a) If after final distribution of an estate any money remains in the possession of the public administrator that should be paid over to the county treasurer pursuant to Chapter 5 (commencing with Sec
• § 7640 — (a) The public administrator shall, upon receipt, deposit all money of the estate in an insured account in a financial institution or with the county treasurer of the county in which the proceedings a
• § 7641 — Money deposited in a financial institution or with the county treasurer under this article may be withdrawn upon the order of the public administrator when required for the purposes of administration.
• § 7642 — (a) The public administrator shall credit each estate with the highest rate of interest or dividends that the estate would have received if the funds available for deposit had been individually and se
• § 7643 — (a) The county treasurer shall receive and safely keep all money deposited with the county treasurer under this chapter and pay the money out on the order of the public administrator when required for
• § 7644 — (a) If a deposit in a financial institution is made under this article, money remaining unclaimed at the expiration of five years after the date of the deposit, together with the increase and proceeds
• § 7660 — (a) If a public administrator takes possession or control of an estate pursuant to this chapter, the public administrator may, acting as personal representative of the estate, summarily dispose of the
• § 7661 — A public administrator acting under authority of this article may: (a) Withdraw money or take possession of any other property of the decedent that is in the possession or control of a financial insti
• § 7662 — The public administrator acting under authority of this article shall pay out the money of the estate in the order prescribed in Section 11420, for expenses of administration, charges against the esta
• § 7663 — (a) After payment of debts pursuant to Section 7662, but in no case before four months after court authorization of the public administrator to act under this article or after the public administrator
• § 7664 — A person to whom property is distributed under this article is personally liable for the unsecured debts of the decedent.
• § 7665 — (a) The public administrator shall file with the clerk a statement showing the property of the decedent that came into possession of the public administrator and the disposition made of the property,
• § 7666 — (a) Except as provided in Section 7623 and in subdivision (b), the compensation payable to the public administrator and the attorney, if any, for the public administrator for the filing of an applicat
• § 78 — “Surviving spouse” does not include any of the following: (a) A person whose marriage to, or registered domestic partnership with, the decedent has been dissolved or annulled, unless, by virtue of a s
• § 8 — Unless otherwise expressly stated: (a) “Division” means a division of this code.
• § 80 — “Totten trust account” means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agr
• § 800 — The court in proceedings under this code is a court of general jurisdiction and the court, or a judge of the court, has the same power and authority with respect to the proceedings as otherwise provid
• § 8000 — (a) At any time after a decedent’s death, any interested person may commence proceedings for administration of the estate of the decedent by a petition to the court for an order determining the date a
• § 8001 — Unless good cause for delay is shown, if a person named in a will as executor fails to petition the court for administration of the estate within 30 days after the person has knowledge of the death of
• § 8002 — (a) The petition shall contain all of the following information: (1) The date and place of the decedent’s death.
• § 8003 — (a) The hearing on the petition shall be set for a day not less than 15 nor more than 30 days after the petition is filed.
• § 8004 — (a) If appointment of the personal representative is contested, the grounds of opposition may include a challenge to the competency of the personal representative or the right to appointment.
• § 8005 — (a) At the hearing on the petition, the court may examine and compel any person to attend as a witness concerning any of the following matters: (1) The time, place, and manner of the decedent’s death.
• § 8006 — (a) If the court finds that the matters referred to in paragraph (1) of subdivision (b) of Section 8005 are established, the court shall make an order determining the time and place of the decedent’s
• § 8007 — (a) Except as provided in subdivision (b), an order admitting a will to probate or appointing a personal representative, when it becomes final, is a conclusive determination of the jurisdiction of the
• § 801 — The court, on its own motion or on the motion of any interested party, may order that an action or proceeding not specifically provided in this code be determined in a separate civil action.
• § 81 — “Transferor” means the testator, settlor, grantor, owner, or other person who executes an instrument.
• § 81.5 — “Transferee” means the beneficiary, donee, or other recipient of an interest transferred by an instrument.
• § 810 — The Legislature finds and declares the following: (a) For purposes of this part, there shall exist a rebuttable presumption affecting the burden of proof that all persons have the capacity to make dec
• § 8100 — The notice of hearing of a petition for administration of a decedent’s estate, whether delivered under Article 2 (commencing with Section 8110) or published under Article 3 (commencing with Section 81
• § 811 — (a) A determination that a person is of unsound mind or lacks the capacity to make a decision or do a certain act, including, but not limited to, the incapacity to contract, to make a conveyance, to m
• § 8110 — At least 15 days before the hearing of a petition for administration of a decedent’s estate, the petitioner shall deliver notice of the hearing pursuant to Section 1215 on all of the following persons
• § 8111 — If the decedent’s will involves or may involve a testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee resident in this state, or involves or m
• § 8112 — A general personal representative shall give notice of administration of the estate of the decedent to creditors under Chapter 2 (commencing with Section 9050), and to public entities under Chapter 5
• § 8113 — If a citizen of a foreign country dies without leaving a will or leaves a will without naming an executor, or if it appears that property will pass to a citizen of a foreign country, notice shall be g
• § 812 — Except where otherwise provided by law, including, but not limited to, Section 813 and the statutory and decisional law of testamentary capacity, a person lacks the capacity to make a decision unless
• § 8120 — In addition to service of the notice of hearing as provided in Article 2 (commencing with Section 8110), notice of hearing of a petition for administration of a decedent’s estate shall also be publish
• § 8121 — (a) The first publication date of the notice shall be at least 15 days before the hearing.
• § 8122 — The Legislature finds and declares that, to be most effective, notice of hearing should be published in compliance with Section 8121.
• § 8123 — The caption of a notice under this article shall be in 8-point type or larger and the text shall be in 7-point type or larger.
• § 8124 — A petition for administration of a decedent’s estate shall not be heard by the court unless an affidavit showing due publication of the notice of hearing has been filed with the court.
• § 8125 — Notwithstanding Section 8100, after the notice of hearing is published and an affidavit filed, any subsequent publication of the notice ordered by the court may omit the information for creditors and
• § 813 — (a) For purposes of a judicial determination, a person has the capacity to give informed consent to a proposed medical treatment if the person is able to do all of the following: (1) Respond knowingly