California

Probate Code

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

• § 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
• § 9399 — (a) This chapter does not apply to an action commenced before July 1, 1989.
• § 9600 — (a) The personal representative has the management and control of the estate and, in managing and controlling the estate, shall use ordinary care and diligence.
• § 9601 — (a) If a personal representative breaches a fiduciary duty, the personal representative is chargeable with any of the following that is appropriate under the circumstances: (1) Any loss or depreciatio
• § 9602 — (a) If the personal representative is liable for interest pursuant to Section 9601, the personal representative is liable for the greater of the following amounts: (1) The amount of interest that accr
• § 9603 — The provisions of Sections 9601 and 9602 for liability of a personal representative for breach of a fiduciary duty do not prevent resort to any other remedy available against the personal representati
• § 9604 — No personal representative is chargeable upon a special promise to answer in damages for a liability of the decedent or to pay a debt of the decedent out of the personal representative’s own estate un
• § 9605 — Appointment of a person as personal representative does not discharge any claim the decedent has against the person.
• § 9606 — Unless otherwise provided in the instrument or in this division, a personal representative is not personally liable on an instrument, including but not limited to a note, mortgage, deed of trust, or o
• § 9610 — Unless this part specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this part may be exercised by the personal represe
• § 9611 — (a) In all cases where no other procedure is provided by statute, upon petition of the personal representative, the court may authorize and instruct the personal representative, or approve and confirm
• § 9613 — (a) On petition of any interested person, and upon a showing that if the petition is not granted the estate will suffer great or irreparable injury, the court may direct the personal representative to
• § 9614 — (a) On petition of an interested person, the court may suspend the powers of the personal representative in whole or in part, for a time, as to specific property or circumstances or as to specific dut
• § 9620 — If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may do either of the following: (a) Enter into an agreement in writing
• § 9621 — If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may enter into an agreement in writing with the third person to submit
• § 9630 — (a) Subject to subdivisions (b), (c), and (d): (1) Where there are two personal representatives, both must concur to exercise a power.
• § 9631 — (a) Except as provided in subdivision (b), where there is more than one personal representative, one personal representative is not liable for a breach of fiduciary duty committed by another of the pe
• § 9640 — Nothing in this part limits or restricts any authority granted to a personal representative under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400)) to administer t
• § 9645 — (a) Subject to subdivisions (b) and (c), any petition or other matter filed or commenced before July 1, 1988, shall be continued under this part, so far as applicable, except where the court determine
• § 9650 — (a) Except as provided by statute and subject to subdivision (c): (1) The personal representative has the right to, and shall take possession or control of, all the property of the decedent to be admi
• § 9651 — (a) A personal representative who in good faith takes into possession real or personal property, and reasonably believes that the property is part of the estate of the decedent, is not: (1) Criminally
• § 9652 — (a) Except as provided in subdivisions (b) and (c), the personal representative shall keep all cash in his or her possession invested in interest-bearing accounts or other investments authorized by la
• § 9653 — (a) On application of a creditor of the decedent or the estate, the personal representative shall commence and prosecute an action for the recovery of real or personal property of the decedent for the
• § 9654 — The heirs or devisees may themselves, or jointly with the personal representative, maintain an action for possession of property or to quiet title to property against any person except the personal re
• § 9655 — With respect to a share of stock of a domestic or foreign corporation held in the estate, a membership in a nonprofit corporation held in the estate, or other property held in the estate, a personal r
• § 9656 — The personal representative may insure the property of the estate against damage or loss and may insure himself or herself against liability to third persons.
• § 9657 — The personal representative shall not make profit by the increase, nor suffer loss by the decrease or destruction without his or her fault, of any part of the estate.
• § 9700 — The personal representative may deposit money of the estate in an insured account in a financial institution in this state.
• § 9701 — The personal representative may deposit personal property of the estate with a trust company for safekeeping.
• § 9702 — (a) A trust company serving as personal representative may deposit securities that constitute all or part of the estate in a securities depository, as provided in Section 1612 of the Financial Code.
• § 9703 — (a) Upon application of the personal representative, the court may, with or without notice, order that money or other personal property be deposited pursuant to Section 9700 or 9701 and be subject to
• § 9704 — When an order for distribution of money or personal property deposited pursuant to this chapter is made, the financial institution, trust company, or securities depository may deliver the property dir
• § 9705 — (a) Subject to subdivision (b), where a trust company is a personal representative and in the exercise of reasonable judgment deposits money of the estate in an account in any department of the corpor
• § 9730 — Pending distribution of the estate, the personal representative may invest money of the estate in possession of the personal representative in any one or more of the following: (a) Direct obligations
• § 9731 — (a) Pending distribution of the estate, upon a showing that it is to the advantage of the estate, the court may order that money of the estate in possession of the personal representative be invested
• § 9732 — (a) The court may order that money of the estate in possession of the personal representative be invested in any manner provided by the will if all of the following conditions are satisfied: (1) The t
• § 9733 — (a) Pending distribution of the estate or at the time the court makes an order for final distribution of the estate, on petition of the personal representative or any interested person, the court may,
• § 9734 — (a) If an asset of the estate consists of an option right, the personal representative may exercise the option after authorization by order of court upon a showing that the exercise would be to the ad
• § 9735 — (a) After authorization by order of court, the personal representative may purchase securities or commodities required to perform an incomplete contract of sale where the decedent died having sold but
• § 9736 — The personal representative may hold a security in the name of a nominee or in any other form without disclosure of the estate so that title to the security may pass by delivery.
• § 9737 — (a) If an estate by reason of owning securities also owns or receives subscription rights for the purchase of additional securities, the personal representative may exercise the subscription rights af
• § 9760 — (a) As used in this section, “decedent’s business” means an unincorporated business or venture in which the decedent was engaged or which was wholly or partly owned by the decedent at the time of the
• § 9761 — If a partnership existed between the decedent and another person at the time of the decedent’s death, on application of the personal representative, the court may order any surviving partner to render
• § 9762 — (a) After authorization by order of court upon a showing that it would be to the advantage of the estate and in the best interest of the interested persons, the personal representative may continue as
• § 9763 — (a) If the decedent was a general partner, the personal representative may commence and maintain any action against the surviving partner that the decedent could have commenced and maintained.
• § 9764 — (a) The personal representative of the estate of a deceased attorney who was engaged in a practice of law at the time of his or her death or other person interested in the estate may bring a petition
• § 9765 — (a) Commencing January 1, 2024, when a professional fiduciary is deceased and a vacancy exists, the deceased fiduciary’s personal representative, trustee, or interested person may petition for the app
• § 9780 — Unless the property is specifically devised, subject to the requirements of this chapter, the personal representative may dispose of or abandon tangible personal property where the cost of collecting,
• § 9781 — Unless otherwise provided in the will, subject to the requirements of this chapter, the personal representative may exercise the power provided in Section 9780 without court authorization or approval.
• § 9782 — (a) Except as provided in Section 9785, before disposing of or abandoning property under Section 9780, the personal representative shall give notice of the proposed disposition or abandonment as provi
• § 9783 — A person described in Section 9782 may personally deliver or mail a written objection to the disposition or abandonment to the personal representative on or before the date specified in the notice as
• § 9784 — (a) A person described in Section 9782 who objects to the disposition or abandonment of property by the personal representative under Section 9780 may apply to the court in which proceedings for admin
• § 9785 — Notice of the proposed disposition or abandonment need not be given to any of the following: (a) A person who consents in writing to the proposed disposition or abandonment.
• § 9786 — A person who objects to the disposition or abandonment as provided in Section 9783, or who serves a restraining order issued under Section 9784 in the manner provided in that section, shall be given n
• § 9787 — (a) Except as provided in subdivision (b), a person described in Section 9782 who receives notice of the proposed disposition or abandonment as provided in Section 9782, waives the right to have the c
• § 9788 — (a) Notwithstanding Sections 9783 and 9784, the personal representative may abandon or dispose of the property without court authorization if the person who made the objection or obtained the restrain
• § 9800 — (a) Subject to subdivision (c), after authorization by order of court obtained under this chapter upon a showing that it would be to the advantage of the estate, the personal representative may borrow
• § 9801 — If property of the estate consists of an undivided interest in real or personal property, or any other interest therein less than the entire ownership, upon a showing that it would be to the advantage
• § 9802 — (a) The personal representative or any interested person may file a petition for an order under this chapter.
• § 9803 — Notice of the hearing on the petition shall be given as provided in Section 1220.
• § 9804 — (a) Subject to subdivision (c), if the court is satisfied that it will be to the advantage of the estate, the court shall make an order that authorizes or requires that the personal representative do
• § 9805 — (a) The personal representative shall execute and deliver the mortgage or deed of trust, or execute and deliver the instrument creating the security interest, setting forth therein that it is made by
• § 9806 — (a) Every mortgage, deed of trust, or security interest made pursuant to a court order obtained under this chapter is effectual to mortgage, or to subject to the deed of trust or security interest, al
• § 9807 — (a) Except as provided in subdivision (b), no judgment or claim for any deficiency shall be had or allowed against the personal representative or the estate if (1) there is a foreclosure or sale under
• § 9820 — The personal representative may: (a) Commence and maintain actions and proceedings for the benefit of the estate.
• § 9822 — The personal representative may bring an action on the bond of any former personal representative of the same estate, for the use and benefit of all interested persons.
• § 9823 — (a) If the decedent leaves an undivided interest in any property, an action for partition of the property may be brought against the personal representative.
• § 9830 — (a) Unless this chapter or some other applicable statute requires court authorization or approval, if it is to the advantage of the estate, the personal representative may do any of the following with
• § 9831 — Unless the time for filing creditor claims has expired, authorization by order of court is required for a compromise or settlement of a claim, action, or proceeding by or for the benefit of, or agains
• § 9832 — (a) Except as provided in subdivision (b), authorization by order of court is required for a compromise, settlement, extension, renewal, or modification which affects any of the following: (1) Title t
• § 9833 — Authorization by order of court is required for a compromise or settlement of a matter when the transaction requires the transfer or encumbrance of property of the estate, or the creation of an unsecu
• § 9834 — Authorization by order of court is required for any of the following: (a) A compromise or settlement of a claim by the estate against the personal representative or the personal representative’s attor
• § 9835 — Authorization by order of court is required for the compromise or settlement of a claim or right of action given to the personal representative by any law for the wrongful death or injury of the deced
• § 9836 — The court authorization required by this chapter shall be obtained from the court in which the estate is being administered.
• § 9837 — (a) A petition for an order authorizing a compromise, settlement, extension, renewal, or modification under this chapter may be filed by any of the following: (1) The personal representative.
• § 9838 — (a) If an order made under Section 9837 authorizes a compromise or settlement that requires the transfer of real property of the estate, the personal representative shall execute a conveyance of the r
• § 9839 — If the personal representative pays a claim for less than its full amount, the personal representative’s accounts may be credited only for the amount actually paid.
• § 9850 — (a) If it is to the advantage of the estate to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage or sale under the deed of trust, the per
• § 9851 — (a) Except as provided in subdivision (c), if it is to the advantage of the estate for the personal representative to give a partial satisfaction of a mortgage or to cause a partial reconveyance to be
• § 9880 — Except as provided in this chapter, neither the personal representative nor the personal representative’s attorney may do any of the following: (a) Purchase any property of the estate or any claim aga
• § 9881 — Upon a petition filed under Section 9883, the court may make an order under this section authorizing the personal representative or the personal representative’s attorney to purchase property of the e
• § 9882 — Upon a petition filed under Section 9883, the court may make an order under this section authorizing the personal representative or the personal representative’s attorney to purchase property of the e
• § 9883 — (a) The personal representative may file a petition requesting that the court make an order under Section 9881 or 9882.
• § 9884 — This chapter does not prohibit the purchase of property of the estate by the personal representative or the personal representative’s attorney pursuant to a contract in writing made during the lifetim
• § 9885 — This chapter does not prevent the exercise by the personal representative or the personal representative’s attorney of an option to purchase property of the estate given in the will of the decedent if
• § 9900 — If it is to the advantage of the estate and in the best interest of the interested persons, the personal representative, after authorization by order of the court obtained under this chapter and upon
• § 9901 — (a) The personal representative or any interested person may file a petition for an order under this chapter.
• § 9920 — If it is to the advantage of the estate to exchange property of the estate for other property, the personal representative may, after authorization by order of court obtained under this chapter and up
• § 9921 — To obtain an order under this chapter, the personal representative or any interested person shall file a petition containing all of the following: (a) A description of the property.
• § 9922 — (a) Except as provided in subdivision (b), notice of the hearing on the petition shall be given as provided in Section 1220.
• § 9923 — No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the exchange made pursuant to an order made under this chapter.
• § 9940 — For the purpose of this chapter: (a) “Lease” includes, without limitation, a lease that includes an option to purchase real propery of the estate.
• § 9941 — If it is to the advantage of the estate, the personal representative may lease, as lessor, real property of the estate without authorization of the court in either of the following cases: (a) Where th
• § 9942 — (a) The personal representative may lease, as lessor, real property of the estate after authorization by order of court obtained under this chapter upon a showing that the proposed lease is to the adv
• § 9943 — (a) To obtain an order under this chapter, the personal representative or any interested person shall file a petition containing all of the following: (1) A general description of the real property pr
• § 9944 — (a) Notice of the hearing on the petition shall be given as provided in Section 1220 and posted as provided in Section 1230.
• § 9945 — (a) At the hearing, the court shall entertain and consider any other offer made in good faith at the hearing to lease the same property on more favorable terms.
• § 9946 — (a) Subject to Section 9947, an order authorizing the execution of a lease shall set forth the minimum rental or royalty or both and the period of the lease.
• § 9947 — (a) Except as provided in this section, the term of the lease shall be for such period as the court may authorize.
• § 9948 — (a) The personal representative shall execute, acknowledge, and deliver the lease as directed, setting forth therein that it is made by authority of the order, giving the date of the order.
• § 9960 — After authorization by order of court obtained under this chapter, the personal representative may grant an option to purchase real property of the estate for a period within or beyond the period of a
• § 9961 — To obtain an order under this chapter, the personal representative shall file a petition containing all of the following: (a) A description of the real property.
• § 9962 — The purchase price of the real property subject to the option shall be at least 90 percent of the appraised value of the real property.
• § 9963 — Notice of the hearing on the petition shall be posted as provided in Section 1230 and given as provided in Section 1220 to all of the following persons: (a) Each person listed in Section 1220.
• § 9964 — (a) The court shall make an order authorizing the personal representative to grant the option upon the terms and conditions stated in the order if the court is satisfied as to all of the following: (1
• § 9965 — An option granted pursuant to an order made under this chapter, whether within or beyond the administration of the estate, is subject to Chapter 4 (commencing with Section 884.
• § 9966 — No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the granting of an option pursuant to an order made under this chapter.
• § 9980 — (a) Where an option to purchase real or personal property is given in a will, the person given the option has the right to exercise the option at any time within the time limits provided by the will.
• § 9981 — (a) Where an option to purchase real or personal property is given in a will admitted to probate, the court may make an order under this chapter directing the personal representative to transfer or co
• § 9982 — The court shall not make an order under this chapter unless one of the following requirements is satisfied: (a) The court determines that the rights of creditors will not be impaired by the making of
• § 9983 — No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the transfer or conveyance made pursuant to an order made under this chapter.