California

Probate Code

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

• § 11001 — All matters relating to an account may be contested for cause shown, including, but not limited to: (a) The validity of an allowed or approved claim not reported in a previous account and not establis
• § 11002 — (a) The court may conduct any hearing that may be necessary to settle the account, and may cite the personal representative to appear before the court for examination.
• § 11003 — (a) If the court determines that the contest was without reasonable cause and in bad faith, the court may award against the contestant the compensation and costs of the personal representative and oth
• § 11004 — The personal representative shall be allowed all necessary expenses in the administration of the estate, including, but not limited to, necessary expenses in the care, management, preservation, and se
• § 11005 — If a debt has been paid within the time prescribed in Section 9154 but without a claim having been filed and established in the manner prescribed by statute, in settling the account the court shall al
• § 11050 — Subject to the provisions of this chapter, if the personal representative does not file a required account, the court shall compel the account by punishment for contempt.
• § 11051 — (a) A citation shall be issued, served, and returned, requiring a personal representative who does not file a required account to appear and show cause why the personal representative should not be pu
• § 11052 — If the personal representative does not appear and file a required account, after having been duly cited, the personal representative may be punished for contempt or removed from office, or both, in t
• § 11400 — Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
• § 11401 — “Debt” means: (a) A claim that is established under Part 4 (commencing with Section 9000) or that is otherwise payable in the course of administration.
• § 11402 — “Wage claim” means a claim for wages, not exceeding two thousand dollars ($2,000), of each employee of the decedent for work done or personal services rendered within 90 days before the death of the d
• § 11405 — (a) This part does not apply in any proceeding for the administration of a decedent’s estate commenced before July 1, 1988.
• § 11420 — (a) Debts shall be paid in the following order of priority among classes of debts, except that debts owed to the United States or to this state that have preference under the laws of the United States
• § 11421 — Subject to Section 11420, as soon as the personal representative has sufficient funds, after retaining sufficient funds to pay expenses of administration, the personal representative shall pay the fol
• § 11422 — (a) Except as provided in Section 11421, the personal representative is not required to pay a debt until payment has been ordered by the court.
• § 11423 — (a) Interest accrues on a debt from the date the court orders payment of the debt until the date the debt is paid.
• § 11424 — The personal representative shall pay a debt to the extent of the order for payment of the debt, and is liable personally and on the bond, if any, for failure to make the payment.
• § 11428 — (a) If an estate is in all other respects ready to be closed, and it appears to the satisfaction of the court, on affidavit or evidence taken in open court, that a debt has not been and cannot be paid
• § 11429 — (a) Where the accounts of the personal representative have been settled and an order made for the payment of debts and distribution of the estate, a creditor who is not paid, whether or not included i
• § 11440 — If it appears that a debt of the decedent has been paid or is payable in whole or in part by the surviving spouse, or that a debt of the surviving spouse has been paid or is payable in whole or in par
• § 11441 — The petition shall include a statement of all of the following: (a) All debts of the decedent and surviving spouse known to the petitioner that are alleged to be subject to allocation and whether paid
• § 11442 — If it appears from the petition that allocation would be affected by the value of the separate property of the surviving spouse and any community property and quasi-community property not administered
• § 11443 — The petitioner shall give notice of the hearing as provided in Section 1220, together with a copy of the petition and the order to show cause, if any.
• § 11444 — (a) The personal representative and the surviving spouse may provide for allocation by agreement and, on a determination by the court that the agreement substantially protects the rights of interested
• § 11445 — On making a determination as provided in this chapter, the court shall make an order that: (a) Directs the personal representative to make payment of the amounts allocated to the estate by payment to
• § 11446 — Notwithstanding any other statute, funeral expenses and expenses of last illness shall be charged against the estate of the decedent and shall not be allocated to, or charged against the community sha
• § 11460 — As used in this chapter: (a) A debt is “contingent” if it is established under Part 4 (commencing with Section 9000) in either a fixed or an uncertain amount and will become absolute on occurrence of
• § 11461 — When all other debts have been paid and the estate is otherwise in a condition to be closed, on petition by an interested person, the court may make or modify an order or a combination of orders under
• § 11462 — Notwithstanding any other provision of this chapter, if the court determines that all interested persons agree to the manner of providing for a debt that is contingent, disputed, or not due and that t
• § 11463 — The court may order an amount deposited in a financial institution, as provided in Chapter 3 (commencing with Section 9700) of Part 5, that would be payable if a debt that is contingent, disputed, or
• § 11464 — (a) The court may order property in the estate distributed to a person entitled to it under the final order for distribution, if the person files with the court an assumption of liability for a contin
• § 11465 — (a) The court may order that a trustee be appointed to receive payment for a debt that is contingent, disputed, or not due.
• § 11466 — The court may order property in the estate distributed to a person entitled to it under the final order for distribution, if the person gives a bond conditioned on payment by the person of the amount
• § 11467 — The court may order that the administration of the estate continue until the contingency, dispute, or passage of time of a debt that is contingent, disputed, or not due is resolved.
• § 11600 — The personal representative or an interested person may petition the court under this chapter for an order for preliminary or final distribution of the decedent’s estate to the persons entitled theret
• § 11601 — Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) Each person listed in Section 1220.
• § 11602 — The personal representative or any interested person may oppose the petition.
• § 11603 — (a) If the court determines that the requirements for distribution are satisfied, the court shall order distribution of the decedent’s estate, or such portion as the court directs, to the persons enti
• § 11604 — (a) This section applies where distribution is to be made to any of the following persons: (1) The transferee of a beneficiary.
• § 11604.5 — (a) This section applies when distribution from a decedent’s estate is made to a transferee for value who acquires any interest of a beneficiary in exchange for cash or other consideration.
• § 11605 — When a court order made under this chapter becomes final, the order binds and is conclusive as to the rights of all interested persons.
• § 11620 — A petition for an order for preliminary distribution of all, or a portion of, the share of a decedent’s estate to which a beneficiary is entitled may not be filed unless at least two months have elaps
• § 11621 — (a) The court shall order distribution under this article if at the hearing it appears that the distribution may be made without loss to creditors or injury to the estate or any interested person.
• § 11622 — (a) If the court orders distribution before four months have elapsed after letters are first issued to a general personal representative, the court shall require a bond.
• § 11623 — (a) Notwithstanding Section 11601, if authority is granted to administer the estate without court supervision under the Independent Administration of Estates Act, Part 6 (commencing with Section 10400
• § 11624 — The costs of a proceeding under this article shall be paid by the distributee or the estate in proportions determined by the court.
• § 11640 — (a) When all debts have been paid or adequately provided for, or if the estate is insolvent, and the estate is in a condition to be closed, the personal representative shall file a petition for, and t
• § 11641 — When an order settling a final account and for final distribution is entered, the personal representative may immediately distribute the property in the estate to the persons entitled to distribution,
• § 11642 — Any property acquired or discovered after the court order for final distribution is made shall be distributed in the following manner: (a) If the order disposes of the property, distribution shall be
• § 11700 — At any time after letters are first issued to a general personal representative and before an order for final distribution is made, the personal representative, or any person claiming to be a benefici
• § 11701 — Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) Each person listed in Section 1220.
• § 11702 — (a) Any interested person may appear and, at or before the time of the hearing, file a written statement of the person’s interest in the estate.
• § 11703 — The Attorney General shall be deemed to be a person entitled to distribution of the estate for purposes of this chapter if the estate involves or may involve any of the following: (a) A charitable tru
• § 11704 — (a) The court shall consider as evidence in the proceeding any statement made in a petition filed under Section 11700 and any statement of interest filed under Section 11702.
• § 11705 — (a) The court shall make an order that determines the persons entitled to distribution of the decedent’s estate and specifies their shares.
• § 11750 — (a) The personal representative is responsible for distribution of the property in the estate in compliance with the terms of the court order for distribution.
• § 11751 — The personal representative shall obtain the receipt of the distributee for property in the estate distributed by the personal representative.
• § 11752 — If personal property in the possession of a distributee is subject to possession by the distributee for life only, the personal representative shall demand an inventory of the property from the distri
• § 11753 — (a) Distribution in compliance with the court order entitles the personal representative to a full discharge with respect to property included in the order.
• § 11754 — Expenses of administration of the estate shall include reasonable storage, delivery, and shipping costs for distribution of tangible personal property to a distributee.
• § 11801 — (a) Except as provided in subdivision (b), the share in a decedent’s estate of a beneficiary who survives the decedent but who dies before distribution shall be distributed under this chapter with the
• § 11802 — If a beneficiary satisfies the requirement of Section 11801, the beneficiary’s share in the decedent’s estate shall be distributed as follows: (a) Except as otherwise provided in this section, distrib
• § 11850 — Subject to Section 11851, the personal representative may deposit property to be distributed with the county treasurer of the county in which the proceedings are pending in the name of the distributee
• § 11851 — (a) If property authorized by Section 11850 to be deposited with the county treasurer consists of money, the personal representative may deposit the money.
• § 11852 — The county treasurer shall give a receipt for a deposit made under this chapter and is liable on the official bond of the county treasurer for the money deposited.
• § 11853 — If money is deposited or is already on deposit with the county treasurer, the personal representative shall deliver to the county treasurer a certified copy of the order for distribution.
• § 11854 — (a) A person may claim money on deposit in the county treasury by filing a petition with the court that made the order for distribution.
• § 11900 — (a) The court shall order property that is not ordered distributed to known beneficiaries to be distributed to the state.
• § 11901 — If the court orders distribution of property in the decedent’s estate to the state, and the order includes words that otherwise create a trust in favor of unknown or unidentified persons as a class, t
• § 11902 — (a) If the court orders distribution to the state, the personal representative shall promptly: (1) Deliver any money to the State Treasurer.
• § 11903 — (a) Property distributed to the state shall be held by the Treasurer for a period of five years from the date of the order for distribution, within which time any person may claim the property in the
• § 11904 — No deposit of property in an estate shall be made in the county treasury by a personal representative if any other property in the estate is to be or has been distributed to the state under this chapt
• § 11950 — (a) If two or more beneficiaries are entitled to the distribution of undivided interests in property and have not agreed among themselves to a partition, allotment, or other division of the property,
• § 11951 — (a) A petition under this chapter may be filed at any time before an order for distribution of the affected property becomes final.
• § 11952 — (a) Notice of the hearing on the petition shall be given as provided in Section 1220 to the personal representative and to the persons entitled to distribution of the undivided interests.
• § 11953 — (a) The court shall partition, allot, or otherwise divide the property so that each party receives property with a value proportionate to the value of the party’s interest in the whole.
• § 11954 — (a) The court, in its discretion, may appoint one or three referees to partition property capable of being partitioned, if requested to do so by a party.
• § 11955 — The expenses of partition shall be equitably apportioned by the court among the parties, but each party must pay the party’s own attorney’s fees.
• § 11956 — (a) The partition, allotment, or other division made by the court shall control in proceedings for distribution, unless modified for good cause on reasonable notice.
• § 12 — “Shall” is mandatory and “may” is permissive.
• § 120 — If a married person dies not domiciled in this state and leaves a valid will disposing of real property in this state which is not the community property of the decedent and the surviving spouse, the
• § 1200 — (a) Except as otherwise provided in this code, this part governs notice required or permitted under this code.
• § 12000 — The provisions of this chapter apply where the intention of the testator is not otherwise indicated by the will.
• § 12001 — If interest is payable under this chapter, the rate of interest is three percentage points less than the legal rate on judgments in effect one year after the date of the testator’s death and shall not
• § 12002 — (a) Except as provided in this section, a specific devise does not bear interest.
• § 12003 — If a general pecuniary devise, including a general pecuniary devise in trust, is not distributed within one year after the testator’s death, the devise bears interest thereafter.
• § 12004 — (a) An annuity commences at the testator’s death and shall be paid at the end of the annual, monthly, or other specified period.
• § 12005 — A devisee of a devise for maintenance is entitled to interest on the amount of any unpaid accumulations of the payments held by the personal representative on each anniversary of the testator’s death,
• § 12006 — Net income received during administration not paid under other provisions of this chapter and not otherwise devised shall be distributed pro rata as income among all distributees who receive either re
• § 12007 — This chapter does not apply in cases where the decedent died before July 1, 1989.
• § 1201 — If a person is required to give notice, the person required to give the notice need not give the notice to himself or herself or to any other person who joins in the petition.
• § 1202 — Where the court determines that the notice otherwise required is insufficient in the particular circumstances, the court may require that further or additional notice, including a longer period of not
• § 1203 — (a) Subject to subdivision (b), unless the particular provision governing the notice of hearing provides that the time for giving notice may not be shortened, the court may, for good cause, shorten th
• § 1204 — A person, including a guardian ad litem, guardian, conservator, trustee, or other fiduciary, may waive notice by a writing signed by the person or the person’s attorney and filed in the proceeding.
• § 1205 — If a hearing is continued or postponed, no further notice of the continued or postponed hearing is required unless ordered by the court.
• § 1206 — (a) Subject to subdivision (b), where notice is required to be given to known heirs or known devisees, notice shall be given to the following persons: (1) If the estate is an intestate estate, to the
• § 1207 — (a) Subject to subdivision (b), where notice is required to be given to a decedent’s beneficiaries, devisees, or heirs, notice need not be given to a person who, because of a possible parent-child rel
• § 1208 — (a) Except as provided in subdivision (b), if notice is required to be given to a trust or trustee, notice to trust beneficiaries is not required.
• § 1209 — (a) If notice is required to be given to the State of California, the notice shall be given to the Attorney General.
• § 1210 — If an interested person has a guardian or conservator of the estate who resides in this state, personal service on the guardian or conservator of any process, notice, or court order concerning a deced
• § 1211 — If a notice is required by this code and no other type of notice is prescribed by law, by the Judicial Council, or by the court or judge, the notice shall be in substantially the following form: SUPER
• § 1212 — Unless the court dispenses with the notice, if the address of the person to whom a notice or other paper is required to be delivered pursuant to Section 1215 is not known, notice shall be given as the
• § 1213 — (a) The following persons shall deliver pursuant to Section 1215 a notice, as described in Section 1211, to a surety who has filed a court bond in a proceeding: (1) A person who files a petition to su
• § 1214 — If a notice or other paper is required or permitted to be served or delivered pursuant to Section 1215 to a person who is represented by an attorney of record, the notice or other paper shall also be
• § 1215 — Unless otherwise expressly provided, a notice or other paper that is required or permitted to be delivered to a person shall be delivered pursuant to one of the following methods: (a) Delivery by mail
• § 1217 — If a notice or other paper is required to be served or otherwise given and no other manner of giving the notice or other paper is specified by statute, the notice or other paper shall be delivered pur
• § 1220 — (a) If notice of hearing is required to be given as provided in this section: (1) At least 15 days before the time set for the hearing, the petitioner or the person filing the report, account, or othe
• § 12200 — The personal representative shall either petition for an order for final distribution of the estate or make a report of status of administration not later than the following times: (a) In an estate fo
• § 12201 — If a report of status of administration is made under Section 12200: (a) The report shall show the condition of the estate, the reasons why the estate cannot be distributed and closed, and an estimate
• § 12202 — (a) The court may, on petition of any interested person or on its own motion, for good cause shown on the record, cite the personal representative to appear before the court and show the condition of
• § 12203 — (a) For purposes of this chapter, continuation of the administration of the estate in order to pay a family allowance is not in the best interests of the estate or interested persons unless the court
• § 12204 — Failure of the personal representative to comply with an order made under this chapter is grounds for removal from office.
• § 12205 — (a) The court may reduce the compensation of the personal representative or the attorney for the personal representative by an amount the court determines to be appropriate if the court makes all of t
• § 12206 — A limitation in a will of the time for administration of an estate is directory only and does not limit the power of the personal representative or the court to continue administration of the estate b
• § 1221 — Where notice of hearing is required but no other period or manner is prescribed by statute, unless the period or manner of giving the notice is ordered by the court or judge, the notice of hearing sha
• § 12250 — (a) When the personal representative has complied with the terms of the order for final distribution and has filed the appropriate receipts or the court has excused the filing of a receipt as provided
• § 12251 — (a) At any time after appointment of a personal representative and whether or not letters have been issued, if it appears there is no property of any kind belonging to the estate and subject to admini
• § 12252 — If subsequent administration of an estate is necessary after the personal representative has been discharged because other property is discovered or because it becomes necessary or proper for any othe
• § 1230 — Where notice of hearing is required to be posted as provided in this section: (a) At least 15 days before the time set for the hearing, the court clerk shall cause a notice of the time and place of th
• § 1240 — Where use of a citation is authorized or required by statute, a citation may be issued by the court clerk on the application of any party, without a court order, except in cases where an order is expr
• § 12400 — Unless the provision or context otherwise requires, as used in this part, “missing person” means a person who is presumed to be dead under Section 12401.
• § 12401 — In proceedings under this part, a person who has not been seen or heard from for a continuous period of five years by those who are likely to have seen or heard from that person, and whose absence is
• § 12402 — Subject to the provisions of this part, the estate of a missing person may be administered in the manner provided generally for the administration of estates of deceased persons.
• § 12403 — (a) If the missing person was a resident of this state when last seen or heard from, the superior court of the county of the person’s last known place of residence has jurisdiction for the purposes of
• § 12404 — (a) A petition may be filed in the court having jurisdiction under Section 12403 for the administration of the estate of a missing person.
• § 12405 — Notice of hearing shall be served and published, and proof made, in the same manner as in proceedings for administration of the estate of a decedent, except that notice of hearing on the petition shal
• § 12406 — (a) At the hearing, the court shall determine whether the alleged missing person is a person who is presumed to be dead under Section 12401.
• § 12407 — (a) If the court finds that the alleged missing person is a person presumed to be dead under Section 12401, the court shall do both of the following: (1) Appoint a personal representative for the esta
• § 12408 — (a) If the missing person reappears: (1) The missing person may recover property of the missing person’s estate in the possession of the personal representative, less fees, costs, and expenses thus fa
• § 1241 — The citation shall be directed to the person to be cited, signed by the court clerk, and issued under the seal of the court.
• § 1242 — The citation shall be served on the person cited in the manner provided in Chapter 4 (commencing with Section 413.
• § 1250 — (a) At any time after the issuance of letters in a proceeding under this code for the administration of a decedent’s estate, any person interested in the estate, whether as devisee, heir, creditor, be
• § 12500 — Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
• § 12501 — “Ancillary administration” means proceedings in this state for administration of the estate of a nondomiciliary decedent.
• § 12502 — “Foreign nation” means a jurisdiction other than a state of the United States.
• § 12503 — “Foreign nation personal representative” means a personal representative appointed in a jurisdiction other than a state of the United States.
• § 12504 — “Local personal representative” means a nondomiciliary decedent’s personal representative appointed in this state.
• § 12505 — “Nondomiciliary decedent” means a person who dies domiciled in a sister state or foreign nation.
• § 12506 — “Sister state” means a state other than this state.
• § 12507 — “Sister state personal representative” means a personal representative appointed in a sister state.
• § 1251 — A request for special notice under this chapter may be modified or withdrawn in the same manner as provided for the making of the initial request.
• § 12510 — Any interested person, or a sister state or foreign nation personal representative, may commence an ancillary administration proceeding by a petition to the court for either or both of the following:
• § 12511 — The proper county for an ancillary administration proceeding under this chapter is the county determined pursuant to Section 7052.
• § 12512 — Notice of an ancillary administration proceeding shall be given and, except as provided in Article 2 (commencing with Section 12520), the same proceedings had as in the case of a petition for probate
• § 12513 — If the decedent dies while domiciled in a sister state, a personal representative appointed by a court of the decedent’s domicile has priority over all other persons except where the decedent’s will n
• § 1252 — (a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant to Section 1250 for special notice of a hearing, the person filing the petition, report, account, or
• § 12520 — (a) If a nondomiciliary decedent’s will has been admitted to probate in a sister state or foreign nation and satisfies the requirements of this article, probate of the will in an ancillary administrat
• § 12521 — (a) A petition for probate of a nondomiciliary decedent’s will under this article shall include both of the following: (1) The will or an authenticated copy of the will.
• § 12522 — If a will of a nondomiciliary decedent was admitted to probate, or established or proved, in accordance with the laws of a sister state, the court shall admit the will to probate in this state, and ma
• § 12523 — (a) Except as provided in subdivision (b), if a will of a nondomiciliary decedent was admitted to probate, or established or proved, in accordance with the laws of a foreign nation, the court shall ad
• § 12524 — A nondomiciliary decedent’s will admitted to probate under this article has the same force and effect as the will of a person who dies while domiciled in this state that is admitted to probate in this
• § 12530 — Except to the extent otherwise provided in this chapter, ancillary administration of a decedent’s estate is subject to all other provisions of this code concerning the administration of the decedent’s
• § 12540 — (a) If a person dies while domiciled in a sister state, the court in an ancillary administration proceeding may make an order for preliminary or final distribution of all or part of the decedent’s per
• § 12541 — If necessary to make distribution pursuant to this article, real property in the nondomiciliary decedent’s estate may be sold and the court may order the proceeds to be distributed to the sister state
• § 12542 — If the nondomiciliary decedent’s estate in the sister state where the decedent was domiciled is insolvent, distribution may be made only to the sister state personal representative and not to the bene
• § 12570 — If a nondomiciliary decedent’s property in this state satisfies the requirements of Section 13100, a sister state personal representative may, without petitioning for ancillary administration, use the
• § 12571 — The effect of payment, delivery, or transfer of personal property to the sister state personal representative pursuant to this chapter, and the effect of failure to do so, are governed by Chapter 3 (c
• § 12572 — The sister state personal representative may bring an action against a holder of the decedent’s property, and may be awarded attorney’s fees, as provided in subdivision (b) of Section 13105.
• § 12573 — A sister state personal representative who takes property by affidavit under this chapter is not liable as a person to whom payment, delivery, or transfer of the decedent’s property is made under Sect
• § 12590 — A sister state personal representative or foreign nation personal representative submits personally in a representative capacity to the jurisdiction of the courts of this state in any proceeding relat
• § 12591 — A sister state personal representative or foreign nation personal representative is subject to the jurisdiction of the courts of this state in a representative capacity to the same extent that the non
• § 1260 — (a) If notice of a hearing is required, proof of giving notice of the hearing shall be made to the satisfaction of the court at or before the hearing.
• § 1261 — Proof of mailing may be made in the manner prescribed in Section 1013a of the Code of Civil Procedure.
• § 1262 — Proof of publication may be made by the affidavit of the publisher or printer, or the foreman or principal clerk of the publisher or printer, showing the time and place of publication.
• § 1263 — Proof of posting may be made by the affidavit of the person who posted the notice.
• § 1264 — Proof of notice by personal delivery may be made by the affidavit of the person making the delivery showing the time and place of delivery and the name of the person to whom delivery was made.
• § 1265 — Proof of electronic delivery may be made in the manner prescribed in Section 1013b of the Code of Civil Procedure.
• § 1266 — Proof of notice, however given, may be made by evidence presented at the hearing.
• § 13 — (a) The degree of kinship or consanguinity between two persons is determined by counting the number of generations separating those persons, pursuant to subdivision (b) or (c).
• § 1300 — In all proceedings governed by this code, an appeal may be taken from the making of, or the refusal to make, any of the following orders: (a) Directing, authorizing, approving, or confirming the sale,
• § 13000 — Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
• § 13002 — “Holder of the decedent’s property” or “holder” means, with respect to any particular item of property of the decedent, the person owing money to the decedent, having custody of tangible personal prop
• § 13004 — (a) “Particular item of property” means: (1) Particular personal property of the decedent which is sought to be collected, received, or transferred by the successor of the decedent under Chapter 3 (co
• § 13005 — “Property of the decedent,” “decedent’s property,” “money due the decedent,” and similar phrases, include property that becomes part of the decedent’s estate on the decedent’s death, whether by design
• § 13006 — “Successor of the decedent” means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeeded to a particular item of property of the decedent under the de
• § 13007 — “Proceeding” means either that a petition is currently pending in this state for administration of a decedent’s estate under Division 7 (commencing with Section 7000), a special administrator for the
• § 1301 — With respect to guardianships, conservatorships, and other protective proceedings, the grant or refusal to grant the following orders is appealable: (a) Granting or revoking of letters of guardianship
• § 1301.5 — The following rules apply with respect to the California Conservatorship Jurisdiction Act (Chapter 8 (commencing with Section 1980) of Part 3 of Division 4): (a) (1) An appeal may be taken from an ord
• § 1302 — With respect to a power of attorney governed by the Power of Attorney Law (Division 4.
• § 1302.5 — With respect to an advance health care directive governed by the Health Care Decisions Law (Division 4.
• § 1303 — With respect to a decedent’s estate, the grant or refusal to grant the following orders is appealable: (a) Granting or revoking letters to a personal representative, except letters of special administ
• § 1304 — With respect to a trust, the grant or denial of the following orders is appealable: (a) Any final order under Chapter 3 (commencing with Section 17200) of Part 5 of Division 9, except the following: (
• § 13050 — (a) For the purposes of this part: (1) Any property or interest or lien thereon that, at the time of the decedent’s death, was held by the decedent as a joint tenant, or in which the decedent had a li
• § 13051 — For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent’s property may act on behalf of the person without authorization or approval of
• § 13052 — In making an appraisal for the purposes of this part, the probate referee shall use the date of the decedent’s death as the date of valuation of the property.
• § 13053 — (a) Except as provided in subdivision (b), this part applies whether the decedent died before, on, or after July 1, 1987.
• § 13054 — A reference in any statute of this state or in a written instrument, including a will or trust, to a provision of former Sections 630 to 632, inclusive, repealed by Chapter 783, Statutes of 1986, shal
• § 1310 — (a) Except as provided in subdivisions (b), (c), (d), and (e), an appeal pursuant to Chapter 1 (commencing with Section 1300) stays the operation and effect of the judgment or order.
• § 13100 — Excluding the property described in Section 13050 and any property included in a petition filed under Section 13151, if the gross value of the decedent’s real and personal property in this state does
• § 13100.5 — The following definitions apply for the purposes of this chapter: (a) “Transferee” means a person to whom payment, delivery, or transfer of property is made under this chapter.
• § 13101 — (a) To collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred under this chapter, an affidavit or a decla
• § 13102 — (a) If the decedent had evidence of ownership of the property described in the affidavit or declaration and the holder of the property would have had the right to require presentation of the evidence
• § 13103 — If the estate of the decedent includes any real property in this state, the affidavit or declaration shall be accompanied by an inventory and appraisal of the real property.
• § 13104 — (a) Reasonable proof of the identity of each person executing the affidavit or declaration shall be provided to the holder of the decedent’s property.
• § 13105 — (a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied: (1) The person or persons executing the affidavit or declaration as successor of the decedent are entitled to have the pro
• § 13106 — (a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied, receipt by the holder of the decedent’s property of the affidavit or declaration constitutes sufficient acquittance for th
• § 13106.5 — (a) If the particular item of property transferred under this chapter is a debt or other obligation secured by a lien on real property and the instrument creating the lien has been recorded in the off
• § 13107 — Where the money or property claimed in an affidavit or declaration presented under this chapter is that of a deceased heir or devisee of a deceased person whose estate is being administered in this st
• § 13107.5 — Where the money or property claimed in an affidavit or declaration executed under this chapter is the subject of a pending action or proceeding in which the decedent was a party, the successor of the
• § 13108 — (a) The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (1) No proceeding for the administration of the decedent’s estate is pending or has been