California

Probate Code

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

• § 82 — (a) “Trust” includes the following: (1) An express trust, private or charitable, with additions thereto, wherever and however created.
• § 8200 — (a) Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following: (1) Deliver
• § 8201 — If, on petition to the superior court of the county in which the estate of the decedent is being or may be administered alleging that a person has possession of a decedent’s will, the court is satisfi
• § 8202 — If the will of a person who was domiciled in this state at the time of death is detained in a court of any other state or country and cannot be produced for probate in this state, a certified photogra
• § 8203 — If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the testator’s estate, that court may order the will transferred to the cler
• § 8220 — Unless there is a contest of a will: (a) The will may be proved on the evidence of one of the subscribing witnesses only, if the evidence shows that the will was executed in all particulars as prescri
• § 8221 — If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may, if the will on its face conforms to all requirements of law, permit proof of
• § 8222 — A holographic will may be proved in the same manner as other writings.
• § 8223 — The petition for probate of a lost or destroyed will shall include a written statement of the testamentary words or their substance.
• § 8224 — The testimony of each witness in a proceeding concerning the execution or provisions of a will, the testamentary capacity of the decedent, and other issues of fact, may be reduced to writing, signed b
• § 8225 — When the court admits a will to probate, that fact shall be recorded in the minutes by the clerk and the will shall be filed.
• § 8226 — (a) If no person contests the validity of a will or petitions for revocation of probate of the will within the time provided in this chapter, admission of the will to probate is conclusive, subject to
• § 825 — Except as otherwise expressly provided in this code, there is no right to a jury trial in proceedings under this code.
• § 8250 — (a) When a will is contested under Section 8004, the contestant shall file with the court an objection to probate of the will.
• § 8251 — (a) The petitioner and any other interested person may jointly or separately answer the objection or demur to the objection within the time prescribed in the summons.
• § 8252 — (a) At the trial, the proponents of the will have the burden of proof of due execution.
• § 8253 — At the trial, each subscribing witness shall be produced and examined.
• § 8254 — The court may make appropriate orders, including orders sustaining or denying objections, and shall render judgment either admitting the will to probate or rejecting it, in whole or in part, and appoi
• § 8270 — (a) Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than a person who had actual notice of a will contest in time to have joi
• § 8271 — (a) On the filing of the petition, a summons shall be directed to the personal representative and to the heirs and devisees of the decedent, so far as known to the petitioner.
• § 8272 — (a) If it appears on satisfactory proof that the will should be denied probate, the court shall revoke the probate of the will.
• § 83 — “Trust company” means an entity that has qualified to engage in and conduct a trust business in this state.
• § 84 — “Trustee” includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.
• § 8400 — (a) A person has no power to administer the estate until the person is appointed personal representative and the appointment becomes effective.
• § 8401 — (a) Notwithstanding Section 8400, a petitioner for appointment as personal representative may deliver property in the petitioner’s possession to a trust company or financial institution for deposit, o
• § 8402 — (a) Notwithstanding any other provision of this chapter, a person is not competent to act as personal representative in any of the following circumstances: (1) The person is under the age of majority.
• § 8403 — (a) Before letters are issued, the personal representative shall take and subscribe an oath to perform, according to law, the duties of the office.
• § 8404 — (a) Before letters are issued, the personal representative (other than a trust company or a public administrator) shall file an acknowledgment of receipt of a statement of duties and liabilities of th
• § 8405 — Letters shall be signed by the clerk under the seal of the court and shall include: (a) The county from which the letters are issued.
• § 8420 — The person named as executor in the decedent’s will has the right to appointment as personal representative.
• § 8421 — If a person is not named as executor in a will but it appears by the terms of the will that the testator intended to commit the execution of the will and the administration of the estate to the person
• § 8422 — (a) The testator may by will confer on a person the power to designate an executor or coexecutor, or successor executor or coexecutor.
• § 8423 — If the executor named in the will is a trust company that has sold its business and assets to, has consolidated or merged with, or is in any manner provided by law succeeded by, another trust company,
• § 8424 — (a) If a person named as executor is under the age of majority and there is another person named as executor, the other person may be appointed and may administer the estate until the majority of the
• § 8425 — If the court does not appoint all the persons named in the will as executors, those appointed have the same authority to act in every respect as all would have if appointed.
• § 8440 — An administrator with the will annexed shall be appointed as personal representative if no executor is named in the will or if the sole executor or all the executors named in the will have waived the
• § 8441 — (a) Except as provided in subdivision (b), persons and their nominees are entitled to appointment as administrator with the will annexed in the same order of priority as for appointment of an administ
• § 8442 — (a) Subject to subdivision (b), an administrator with the will annexed has the same authority over the decedent’s estate as an executor named in the will would have.
• § 8460 — (a) If the decedent dies intestate, the court shall appoint an administrator as personal representative.
• § 8461 — Subject to the provisions of this article, a person in the following relation to the decedent is entitled to appointment as administrator in the following order of priority: (a) Surviving spouse or do
• § 8462 — The surviving spouse or domestic partner of the decedent, a relative of the decedent, or a relative of a predeceased spouse or domestic partner of the decedent, has priority under Section 8461 only if
• § 8463 — If the surviving spouse is a party to an action for separate maintenance, annulment, or dissolution of the marriage of the decedent and the surviving spouse, and was living apart from the decedent on
• § 8464 — If a person otherwise entitled to appointment as administrator is a person under the age of majority or a person for whom a guardian or conservator of the estate has been appointed, the court in its d
• § 8465 — (a) The court may appoint as administrator a person nominated by any of the following persons: (1) A person otherwise entitled to appointment.
• § 8466 — If a person whose only priority is that of a creditor claims appointment as administrator, the court in its discretion may deny the appointment and appoint another person.
• § 8467 — If several persons have equal priority for appointment as administrator, the court may appoint one or more of them, or if such persons are unable to agree, the court may appoint the public administrat
• § 8468 — If persons having priority fail to claim appointment as administrator, the court may appoint any person who claims appointment.
• § 8469 — (a) For good cause, the court may allow the priority given by Section 8461 to a conservator or guardian of the estate of the decedent serving in that capacity at the time of death that has not filed a
• § 8480 — (a) Except as otherwise provided by statute, every person appointed as personal representative shall, before letters are issued, give a bond approved by the court.
• § 8481 — (a) A bond is not required in either of the following cases: (1) The will waives the requirement of a bond.
• § 8482 — (a) The court in its discretion may fix the amount of the bond, but the amount of the bond shall be not more than the sum of: (1) The estimated value of the personal property.
• § 8483 — (a) This section applies where property in the estate has been deposited pursuant to Chapter 3 (commencing with Section 9700) of Part 5 on condition that the property, including any earnings thereon,
• § 8484 — If a personal representative petitions to have the amount of the bond reduced, the petition shall include an affidavit setting forth the condition of the estate and notice of hearing shall be given as
• § 8485 — A personal representative who petitions for substitution or release of a surety shall file with the petition an account in the form provided in Section 10900.
• § 8486 — The personal representative shall be allowed the reasonable cost of the bond for every year it remains in force.
• § 8487 — The provisions of the Bond and Undertaking Law (Chapter 2 (commencing with Section 995.
• § 8488 — (a) In case of a breach of a condition of the bond, an action may be brought against the sureties on the bond for the use and benefit of the decedent’s estate or of any person interested in the estate
• § 850 — (a) The following persons may file a petition requesting that the court make an order under this part: (1) A guardian, conservator, or any claimant, in the following cases: (A) Where the conservatee i
• § 8500 — (a) Any interested person may petition for removal of the personal representative from office.
• § 8501 — On removal of a personal representative from office, the court shall revoke any letters issued to the personal representative, and the authority of the personal representative ceases.
• § 8502 — A personal representative may be removed from office for any of the following causes: (a) The personal representative has wasted, embezzled, mismanaged, or committed a fraud on the estate, or is about
• § 8503 — (a) Subject to subdivision (b), an administrator may be removed from office on the petition of the surviving spouse or a relative of the decedent entitled to succeed to all or part of the estate, or t
• § 8504 — (a) After appointment of an administrator on the ground of intestacy, the personal representative shall be removed from office on the later admission to probate of a will.
• § 8505 — (a) A personal representative may be removed from office if the personal representative is found in contempt for disobeying an order of the court.
• § 851 — (a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Sect
• § 851.1 — A petitioner in a proceeding under Section 850 may commence discovery upon any person who receives notice of the hearing pursuant to subdivision (a) of Section 851 in accordance with the same time per
• § 852 — An interested person may request time for filing a response to the petition for discovery proceedings, or for other preparation for the hearing, and the court shall grant a continuance for a reasonabl
• § 8520 — A vacancy occurs in the office of a personal representative who resigns, dies, or is removed from office under Article 6 (commencing with Section 8500), or whose authority is otherwise terminated.
• § 8521 — (a) Unless the will provides otherwise or the court in its discretion orders otherwise, if a vacancy occurs in the office of fewer than all personal representatives, the remaining personal representat
• § 8522 — (a) If a vacancy occurs in the office of a personal representative and there are no other personal representatives, the court shall appoint a successor personal representative.
• § 8523 — The court may make orders that are necessary to deal with the estate of the decedent between the time a vacancy occurs in the office of personal representative and appointment of a successor.
• § 8524 — (a) A successor personal representative is entitled to demand, sue for, recover and collect all the estate of the decedent remaining unadministered, and may prosecute to final judgment any suit commen
• § 8525 — (a) The acts of the personal representative before a vacancy occurs are valid to the same extent as if no vacancy had later occurred.
• § 853 — A person having or claiming title to or an interest in the property which is the subject of the petition may, at or prior to the hearing, object to the hearing of the petition if the petition is filed
• § 854 — If a civil action is pending with respect to the subject matter of a petition filed pursuant to this chapter this part and jurisdiction has been obtained in the court where the civil action is pending
• § 8540 — (a) If the circumstances of the estate require the immediate appointment of a personal representative, the court may appoint a special administrator to exercise any powers that may be appropriate unde
• § 8541 — (a) Appointment of a special administrator may be made at any time without notice or on such notice to interested persons as the court deems reasonable.
• § 8542 — (a) The clerk shall issue letters to the special administrator after both of the following conditions are satisfied: (1) The special administrator gives any bond that may be required by the court unde
• § 8543 — Subject to subdivision (b) of Section 8481, the court shall direct that no bond be given in either of the following cases: (a) The will waives the requirement of a bond and the person named as executo
• § 8544 — (a) Except to the extent the order appointing a special administrator prescribes terms, the special administrator has the power to do all of the following without further order of the court: (1) Take
• § 8545 — (a) Notwithstanding Section 8544, the court may grant a special administrator the same powers, duties, and obligations as a general personal representative where to do so appears proper.
• § 8546 — (a) The powers of a special administrator cease on issuance of letters to a general personal representative or as otherwise directed by the court.
• § 8547 — (a) Subject to the limitations of this section, the court shall fix the compensation of the special administrator and the compensation of the attorney of the special administrator.
• § 855 — An action brought under this part may include claims, causes of action, or matters that are normally raised in a civil action to the extent that the matters are related factually to the subject matter
• § 856 — Except as provided in Sections 853 and 854, if the court is satisfied that a conveyance, transfer, or other order should be made, the court shall make an order authorizing and directing the personal r
• § 856.5 — The court may not grant a petition under this chapter if the court determines that the matter should be determined by a civil action.
• § 857 — (a) The order is prima facie evidence of the correctness of the proceedings and of the authority of the personal representative or other fiduciary or other person to make the conveyance or transfer.
• § 8570 — As used in this article, “nonresident personal representative” means a nonresident of this state appointed as personal representative, or a resident of this state appointed as personal representative
• § 8571 — Notwithstanding any other provision of this chapter and notwithstanding a waiver of a bond, the court in its discretion may require a nonresident personal representative to give a bond in an amount de
• § 8572 — (a) Acceptance of appointment by a nonresident personal representative is equivalent to and constitutes an irrevocable and binding appointment by the nonresident personal representative of the Secreta
• § 8573 — A nonresident personal representative shall sign and file with the court a statement of the permanent address of the nonresident personal representative.
• § 8574 — (a) Service of process or notice of a motion under Section 377.
• § 8575 — Proof of compliance with Section 8574 shall be made in the following manner: (a) In the event of service by mail, by certificate of the Secretary of State, under official seal, showing the mailing.
• § 8576 — (a) Except as provided in this section, service made under Section 8574 has the same legal force and validity as if made personally in this state.
• § 8577 — (a) Failure of a nonresident personal representative to comply with Section 8573 is cause for removal from office.
• § 858 — If a proceeding has been brought under this part by a conservator on behalf of a conservatee, or by a guardian on behalf of a minor, and the conservatee or minor dies during the pendency of the procee
• § 859 — If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to a conservatee, a minor, an elder, a dependent adult, a trust, or the estate of a deced
• § 86 — “Undue influence” has the same meaning as defined in Section 15610.
• § 870 — This part shall be known, and may be cited, as the Revised Uniform Fiduciary Access to Digital Assets Act.
• § 871 — As used in this part, the following terms have the following meanings: (a) “Account” means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, recei
• § 872 — (a) This part shall apply to all of the following: (1) A fiduciary acting under a will executed before, on, or after January 1, 2017.
• § 873 — (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets, including the content of electronic communicat
• § 874 — (a) This part does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of a user.
• § 875 — (a) When disclosing the digital assets of a user under this part, the custodian may, in its sole discretion, do any of the following: (1) Grant the fiduciary or designated recipient full access to the
• § 876 — If a deceased user consented to or a court directs disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the
• § 877 — Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electr
• § 878 — Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic com
• § 879 — Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, the catalogue of electronic co
• § 879.1 — To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal, and unless directed otherwise by the principal or
• § 879.2 — Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general auth
• § 879.3 — (a) After a noticed hearing, the court may grant a conservator access to the digital assets of a conservatee.
• § 88 — “Will” includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will.
• § 880 — (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following: (1) The duty of care.
• § 8800 — (a) The personal representative shall file with the court clerk an inventory of property to be administered in the decedent’s estate together with an appraisal of property in the inventory.
• § 8801 — If the personal representative acquires knowledge of property to be administered in the decedent’s estate that is not included in a prior inventory and appraisal, the personal representative shall fil
• § 8802 — The inventory and appraisal shall separately list each item and shall state the fair market value of the item at the time of the decedent’s death in monetary terms opposite the item.
• § 8803 — On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal representative shall, pursuant to Section 1252, deliver a copy to each person who has requested spec
• § 8804 — If the personal representative refuses or negligently fails to file an inventory and appraisal within the time allowed under this chapter, upon petition of an interested person: (a) The court may comp
• § 881 — (a) Not later than 60 days after receipt of the information required under Sections 876 to 879.
• § 882 — This part modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.
• § 883 — Disclosure of the contents of the deceased user’s or settlor’s account to a fiduciary of the deceased user or settlor is subject to the same license, restrictions, terms of service, and legal obligati
• § 884 — If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part that can be given effect wi
• § 8850 — (a) The inventory, including partial and supplemental inventories, shall include all property to be administered in the decedent’s estate.
• § 8851 — The discharge or devise in a will of any debt or demand of the testator against the executor or any other person is not valid against creditors of the testator, but is a specific devise of the debt or
• § 8852 — (a) The personal representative shall take and subscribe an oath that the inventory contains a true statement of the property to be administered in the decedent’s estate of which the personal represen
• § 8870 — (a) On petition by the personal representative or an interested person, the court may order that a citation be issued to a person to answer interrogatories, or to appear before the court and be examin
• § 8871 — Interrogatories may be put to a person cited to answer interrogatories pursuant to Section 8870.
• § 8872 — (a) At an examination witnesses may be produced and examined on either side.
• § 8873 — (a) On petition by the personal representative, the court may issue a citation to a person who has possession or control of property in the decedent’s estate to appear before the court and make an acc
• § 890 — (a) On April 1, 2022, and at each three-year interval ending on April 1 thereafter, the dollar amounts specified in Chapter 6 (commencing with Section 6600) of Part 3 of Division 6 and in Division 8 (
• § 8900 — The appraisal of property in the inventory shall be made by the personal representative, probate referee, or independent expert as provided in this chapter.
• § 8901 — The personal representative shall appraise the following property, excluding items whose fair market value is, in the opinion of the personal representative, an amount different from the face value of
• § 8902 — Except as otherwise provided by statute: (a) The personal representative shall deliver the inventory to the probate referee designated by the court, together with necessary supporting data to enable t
• § 8903 — (a) The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section.
• § 8904 — (a) A unique, artistic, unusual, or special item of tangible personal property that would otherwise be appraised by the probate referee may, at the election of the personal representative, be appraise
• § 8905 — A person who appraises property, whether a personal representative, probate referee, or independent expert, shall sign the appraisal as to property appraised by that person, and shall take and subscri
• § 8906 — (a) At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the court a written objection to the appraisa
• § 8907 — Neither the personal representative nor the attorney for the personal representative is entitled to receive compensation for extraordinary services by reason of appraising any property in the estate.
• § 8908 — A probate referee who appraises property in the estate shall, upon demand by the personal representative or by a beneficiary: (a) Provide any appraisal report or backup data in the possession of the p
• § 8909 — A probate referee who appraises property in an estate shall retain possession of all appraisal reports and backup data used by the referee to appraise the property for a period of three years after th
• § 8920 — The probate referee, when designated by the court, shall be among the persons appointed by the Controller to act as a probate referee for the county.
• § 8921 — The court may designate a person requested by the personal representative as probate referee, on a showing by the personal representative of good cause for the designation.
• § 8922 — The court has authority and discretion not to designate a particular person as probate referee even though appointed by the Controller to act as a probate referee for the county.
• § 8923 — The court may not designate as probate referee any of the following persons: (a) The court clerk.
• § 8924 — (a) The court shall remove the designated probate referee in any of the following circumstances: (1) The personal representative shows cause, including incompetence or undue delay in making the apprai
• § 8940 — (a) The probate referee shall promptly and with reasonable diligence appraise the property scheduled for appraisal by the probate referee in the inventory that the personal representative delivers to
• § 8941 — (a) The court shall, on petition of the personal representative or probate referee, or may, on the court’s own motion, hear the report of the status of the appraisal.
• § 8960 — (a) The commission and expenses provided by this article as compensation for the services of the probate referee shall be paid from the estate.
• § 8961 — As compensation for services the probate referee shall receive all of the following: (a) A commission of one-tenth of one percent of the total value of the property for each estate appraised, subject
• § 8963 — (a) Notwithstanding Section 8961 and subject to subdivision (b), the commission of the probate referee shall in no event be less than seventy-five dollars ($75) nor more than ten thousand dollars ($10
• § 8964 — If more than one probate referee appraises or participates in the appraisal of property in the estate, each is entitled to the share of the commission agreed upon by the referees or, absent an agreeme
• § 8980 — If an inventory is delivered to a probate referee for appraisal before July 1, 1989, all matters relating to the appraisal by the referee, including the property to be included in the appraisal, waive
• § 9 — The present tense includes the past and future tenses, and the future, the present.
• § 9000 — As used in this division: (a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated: (1) Liab
• § 9001 — (a) The publication of notice under Section 8120 and the giving of notice of administration of the estate of the decedent under Chapter 2 (commencing with Section 9050) constitute notice to creditors
• § 9002 — Except as otherwise provided by statute: (a) All claims shall be filed in the manner and within the time provided in this part.
• § 9003 — A claim that is established under this part shall be included among the debts to be paid in the course of administration.
• § 9004 — (a) This part does not apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1988.
• § 9050 — (a) Subject to Section 9054, the personal representative shall give notice of administration of the estate to the known or reasonably ascertainable creditors of the decedent.
• § 9051 — The notice shall be given within the later of: (a) Four months after the date letters are first issued.
• § 9052 — The notice shall be in substantially the following form: NOTICE OF ADMINISTRATION OF ESTATE OF _______, DECEDENT Notice to creditors: Administration of the estate of _________ (deceased) has been comm
• § 9053 — (a) If the personal representative believes that notice to a particular creditor is or may be required by this chapter and gives notice based on that belief, the personal representative is not liable
• § 9054 — Notwithstanding Section 9050, the personal representative need not give notice to a creditor even though the personal representative has knowledge of the creditor if any of the following conditions is
• § 9100 — (a) A creditor shall file a claim before expiration of the later of the following times: (1) Four months after the date letters are first issued to a general personal representative.
• § 9101 — A vacancy in the office of the personal representative that occurs before expiration of the time for filing a claim does not extend the time.
• § 9102 — A claim that is filed before expiration of the time for filing the claim is timely even if acted on by the personal representative or by the court after expiration of the time for filing claims.
• § 9103 — (a) Upon petition by a creditor or the personal representative, the court may allow a claim to be filed after expiration of the time for filing a claim provided in Section 9100 if either of the follow
• § 9104 — (a) Subject to subdivision (b), if a claim is filed within the time provided in this chapter, the creditor may later amend or revise the claim.
• § 9150 — (a) A claim may be filed by the creditor or a person acting on behalf of the creditor.
• § 9151 — (a) A claim shall be supported by the affidavit of the creditor or the person acting on behalf of the creditor stating: (1) The claim is a just claim.
• § 9152 — (a) If a claim is based on a written instrument, either the original or a copy of the original with all endorsements shall be attached to the claim.
• § 9153 — A claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the personal representative.
• § 9154 — (a) Notwithstanding any other provision of this part, if a creditor makes a written demand for payment within four months after the date letters are first issued to a general personal representative,
• § 9200 — (a) Except as provided in this chapter, a claim by a public entity shall be filed within the time otherwise provided in this part.
• § 9201 — (a) Notwithstanding any other statute, if a claim of a public entity arises under a law, act, or code listed in subdivision (b): (1) The public entity may provide a form to be used for the written not
• § 9202 — (a) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give the Director of the State Dep
• § 9203 — (a) Failure of a person to give the written notice or request required by this chapter does not affect the validity of any proceeding under this code concerning the administration of the decedent’s es
• § 9204 — Nothing in this chapter shall be construed to affect the order of priority of claims provided for under other provisions of law.
• § 9205 — This chapter does not apply to liability for the restitution of amounts illegally acquired through the means of a fraudulent, false, or incorrect representation, or a forged or unauthorized endorsemen
• § 9250 — (a) When a claim is filed, the personal representative shall allow or reject the claim in whole or in part.
• § 9251 — If the personal representative is not authorized to act under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400)): (a) Immediately on the filing of the allowance of
• § 9252 — (a) If the personal representative or the attorney for the personal representative is a creditor of the decedent, the clerk shall present the claim to the court or judge for approval or rejection.
• § 9253 — A claim barred by the statute of limitations may not be allowed by the personal representative or approved by the court or judge.
• § 9254 — (a) The validity of an allowed or approved claim may be contested by any interested person at any time before settlement of the report or account of the personal representative in which it is first re
• § 9255 — (a) The personal representative may allow a claim, or the court or judge may approve a claim, in part.
• § 9256 — If within 30 days after a claim is filed the personal representative or the court or judge has refused or neglected to act on the claim, the refusal or neglect may, at the option of the creditor, be d
• § 9300 — (a) Except as provided in Section 9303, after the death of the decedent all money judgments against the decedent or against the personal representative on a claim against the decedent or estate are pa
• § 9301 — When a money judgment against a personal representative in a representative capacity becomes final, it conclusively establishes the validity of the claim for the amount of the judgment.
• § 9302 — (a) Notwithstanding the death of the decedent, a judgment for possession of property or a judgment for sale of property may be enforced under the Enforcement of Judgments Law (Title 9 (commencing with
• § 9303 — If property of the decedent is subject to an execution lien at the time of the decedent’s death, enforcement against the property may proceed under the Enforcement of Judgments Law (Title 9 (commencin
• § 9304 — (a) An attachment lien may be converted into a judgment lien on property in the estate subject to the attachment lien, with the same priority as the attachment lien, in either of the following cases:
• § 9350 — This article applies to any claim other than a claim on an action or proceeding pending against the decedent at the time of death.
• § 9351 — An action may not be commenced against a decedent’s personal representative on a cause of action against the decedent unless a claim is first filed as provided in this part and the claim is rejected i
• § 9352 — (a) The filing of a claim or a petition under Section 9103 to file a claim tolls the statute of limitations otherwise applicable to the claim until allowance, approval, or rejection.
• § 9353 — (a) Regardless of whether the statute of limitations otherwise applicable to a claim will expire before or after the following times, a claim rejected in whole or in part is barred as to the part reje
• § 9354 — (a) In addition to any other county in which an action may be commenced, an action on the claim may be commenced in the county in which the proceeding for administration of the decedent’s estate is pe
• § 9370 — (a) An action or proceeding pending against the decedent at the time of death may not be continued against the decedent’s personal representative unless all of the following conditions are satisfied:
• § 9390 — (a) An action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued under Section 550, and a judgment in the action may be enforced agai
• § 9391 — Except as provided in Section 10361, the holder of a mortgage or other lien on property in the decedent’s estate, including, but not limited to, a judgment lien, may commence an action to enforce the
• § 9392 — (a) Subject to subdivision (b), a person to whom property is distributed is personally liable for the claim of a creditor, without a claim first having been filed, if all of the following conditions a