BlackletterCalifornia law

PART 13. NONDOMICILIARY DECEDENTS [12500. - 12591.]

Part 13 enacted by Stats. 1990, Ch. 79.

§§ 12500–12591 · 27 sections

  1. CHAPTER 1. Definitions §§ 12500–12507 · 8 sections
    • § 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.
  2. CHAPTER 2. Ancillary Administration §§ 12510–12542 · 13 sections
    1. ARTICLE 1. Opening Ancillary Administration §§ 12510–12513 · 4 sections
      • § 12510 Any interested person, or a sister state or foreign nation personal representative, may commence an ancillary administration proceeding by a petition to the…
      • § 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…
      • § 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…
    2. ARTICLE 2. Probate of Nondomiciliary Decedent’s Will Admitted to Probate in Sister State or Foreign Nation §§ 12520–12524 · 5 sections
      • § 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,…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
    3. ARTICLE 3. Application of General Provisions § 12530 · 1 section
      • § 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…
    4. ARTICLE 4. Distribution of Property to Sister State Personal Representative §§ 12540–12542 · 3 sections
      • § 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…
      • § 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…
      • § 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…
  3. CHAPTER 3. Collection of Personal Property of Small Estate by Sister State Personal Representative Without Ancillary Administration §§ 12570–12573 · 4 sections
    • § 12570 If a nondomiciliary decedent’s property in this state satisfies the requirements of Section 13100, a sister state personal representative may, without…
    • § 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…
    • § 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…
    • § 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…
  4. CHAPTER 4. Jurisdiction Over Foreign Personal Representative §§ 12590–12591 · 2 sections
    • § 12590 A sister state personal representative or foreign nation personal representative submits personally in a representative capacity to the jurisdiction of the…
    • § 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…