PART 1. GENERAL PROVISIONS [7000. - 7666.]

Part 1 enacted by Stats. 1990, Ch. 79.

§§ 7000–7666 · 41 sections

CHAPTER 1. Passage of Decedent’s Property §§ 7000–7001 · 2 sections
- § 7000 Subject to Section 7001, title to a decedent’s property passes on the decedent’s death to the person to whom it is devised in the decedent’s last will or, in…
- § 7001 The decedent’s property is subject to administration under this code, except as otherwise provided by law, and is subject to the rights of beneficiaries,…
CHAPTER 2. Jurisdiction and Courts §§ 7050–7072 · 7 sections
1. ARTICLE 1. Jurisdiction and Venue §§ 7050–7052 · 3 sections
  - § 7050 The superior court has jurisdiction of proceedings under this code concerning the administration of the decedent’s estate.
  - § 7051 If the decedent was domiciled in this state at the time of death, the proper county for proceedings concerning administration of the decedent’s estate is the…
  - § 7052 If the decedent was not domiciled in this state at the time of death, the proper county for proceedings under this code concerning the administration of the…
2. ARTICLE 2. Disqualification of Judge § 7060 · 1 section
  - § 7060 (a) In addition to any other ground provided by law for disqualification of a judge, a judge is disqualified from acting in proceedings under this code…
3. ARTICLE 3. Transfer of Proceedings §§ 7070–7072 · 3 sections
  - § 7070 The court or judge shall order a proceeding under this code concerning the administration of the decedent’s estate transferred to another county if there is no…
  - § 7071 Transfer of a proceeding under this article shall be to another county in which property of the decedent is located or, if there is no other county in which…
  - § 7072 Upon petition of the personal representative or other interested person before entry of the order for final distribution of the estate, a proceeding…
CHAPTER 3. Rules of Procedure §§ 7220–7280 · 7 sections
1. ARTICLE 2. New Trials § 7220 · 1 section
  - § 7220 In proceedings under this code concerning the administration of the decedent’s estate, a motion for a new trial may be made only in the following cases: (a)…
2. ARTICLE 3.5. Judgments and Orders § 7250 · 1 section
  - § 7250 (a) When a judgment or order made pursuant to the provisions of this code concerning the administration of the decedent’s estate becomes final, it releases the…
3. ARTICLE 4. Orders and Transactions Affecting Property §§ 7260–7263 · 4 sections
  - § 7260 As used in this article, “transaction” means a transaction affecting title to property in the estate, including, but not limited to, the following: (a) In the…
  - § 7261 If a transaction affecting real property in the estate is executed by the personal representative in accordance with the terms of a court order, the instrument…
  - § 7262 A transaction executed by the personal representative in accordance with an order authorizing or directing the transaction has the same effect as if the…
  - § 7263 If an order is made setting apart a probate homestead, confirming a sale or making a distribution of real property, or determining any other matter affecting…
4. ARTICLE 5. United States as Interested Person § 7280 · 1 section
  - § 7280 Where compensation, pension, insurance, or other allowance is made or awarded by a department or bureau of the United States government to a decedent’s estate,…
CHAPTER 4. Public Administrators §§ 7600–7666 · 25 sections
1. ARTICLE 1. Taking Temporary Possession or Control of Property §§ 7600–7605 · 8 sections
  - § 7600 If a public officer or employee knows of property of a decedent that is subject to loss, injury, waste, or misappropriation and that ought to be in the…
  - § 7600.5 If a person dies in a hospital, convalescent hospital, or board and care facility without known next of kin, the person in charge of the hospital or facility…
  - § 7600.6 A funeral director in control of the decedent’s remains pursuant to subdivision (c) of Section 7100 of the Health and Safety Code shall notify the public…
  - § 7601 (a) If no personal representative has been appointed, the public administrator of a county shall take prompt possession or control of property of a decedent in…
  - § 7602 (a) A public administrator who is authorized to take possession or control of property of a decedent under this article shall make a prompt search for other…
  - § 7603 (a) A public administrator who is authorized to take possession or control of property of a decedent pursuant to this article may issue a written certification…
  - § 7604 If the public administrator takes possession or control of property of a decedent under this article, but another person is subsequently appointed personal…
  - § 7605 On or before January 1, 2010, the public administrator shall comply with the continuing education requirements that are established by the California State…
2. ARTICLE 2. Appointment as Personal Representative §§ 7620–7624 · 5 sections
  - § 7620 The public administrator of the county in which the estate of a decedent may be administered shall promptly: (a) Petition for appointment as personal…
  - § 7621 (a) Except as otherwise provided in this section, appointment of the public administrator as personal representative shall be made, and letters issued, in the…
  - § 7622 Except as otherwise provided in this chapter: (a) The public administrator shall administer the estate in the same manner as a personal representative…
  - § 7623 (a) As used in this section, “additional compensation” means the difference between the reasonable compensation of the public administrator in administering…
  - § 7624 (a) If after final distribution of an estate any money remains in the possession of the public administrator that should be paid over to the county treasurer…
3. ARTICLE 3. Deposit of Money of Estate §§ 7640–7644 · 5 sections
  - § 7640 (a) The public administrator shall, upon receipt, deposit all money of the estate in an insured account in a financial institution or with the county treasurer…
  - § 7641 Money deposited in a financial institution or with the county treasurer under this article may be withdrawn upon the order of the public administrator when…
  - § 7642 (a) The public administrator shall credit each estate with the highest rate of interest or dividends that the estate would have received if the funds available…
  - § 7643 (a) The county treasurer shall receive and safely keep all money deposited with the county treasurer under this chapter and pay the money out on the order of…
  - § 7644 (a) If a deposit in a financial institution is made under this article, money remaining unclaimed at the expiration of five years after the date of the…
4. ARTICLE 4. Summary Disposition of Small Estates §§ 7660–7666 · 7 sections
  - § 7660 (a) If a public administrator takes possession or control of an estate pursuant to this chapter, the public administrator may, acting as personal…
  - § 7661 A public administrator acting under authority of this article may: (a) Withdraw money or take possession of any other property of the decedent that is in the…
  - § 7662 The public administrator acting under authority of this article shall pay out the money of the estate in the order prescribed in Section 11420, for expenses of…
  - § 7663 (a) After payment of debts pursuant to Section 7662, but in no case before four months after court authorization of the public administrator to act under this…
  - § 7664 A person to whom property is distributed under this article is personally liable for the unsecured debts of the decedent. Such a debt may be enforced against…
  - § 7665 (a) The public administrator shall file with the clerk a statement showing the property of the decedent that came into possession of the public administrator…
  - § 7666 (a) Except as provided in Section 7623 and in subdivision (b), the compensation payable to the public administrator and the attorney, if any, for the public…