PART 2. OPENING ESTATE ADMINISTRATION [8000. - 8577.]
Part 2 enacted by Stats. 1990, Ch. 79.
§§ 8000–8577 · 100 sections
CHAPTER 1. Commencement of Proceedings §§ 8000–8007 · 8 sections
- § 8000 (a) At any time after a decedent’s death, any interested person may commence proceedings for administration of the estate of the decedent by a petition to the…
- § 8001 Unless good cause for delay is shown, if a person named in a will as executor fails to petition the court for administration of the estate within 30 days after…
- § 8002 (a) The petition shall contain all of the following information: (1) The date and place of the decedent’s death. (2) The street number, street, and city, or…
- § 8003 (a) The hearing on the petition shall be set for a day not less than 15 nor more than 30 days after the petition is filed. At the request of the petitioner…
- § 8004 (a) If appointment of the personal representative is contested, the grounds of opposition may include a challenge to the competency of the personal…
- § 8005 (a) At the hearing on the petition, the court may examine and compel any person to attend as a witness concerning any of the following matters: (1) The time,…
- § 8006 (a) If the court finds that the matters referred to in paragraph (1) of subdivision (b) of Section 8005 are established, the court shall make an order…
- § 8007 (a) Except as provided in subdivision (b), an order admitting a will to probate or appointing a personal representative, when it becomes final, is a conclusive…
CHAPTER 2. Notice of Hearing §§ 8100–8125 · 11 sections
ARTICLE 1. Contents § 8100 · 1 section
- § 8100 The notice of hearing of a petition for administration of a decedent’s estate, whether delivered under Article 2 (commencing with Section 8110) or published…
ARTICLE 2. Service of Notice of Hearing §§ 8110–8113 · 4 sections
- § 8110 At least 15 days before the hearing of a petition for administration of a decedent’s estate, the petitioner shall deliver notice of the hearing pursuant to…
- § 8111 If the decedent’s will involves or may involve a testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee…
- § 8112 A general personal representative shall give notice of administration of the estate of the decedent to creditors under Chapter 2 (commencing with Section…
- § 8113 If a citizen of a foreign country dies without leaving a will or leaves a will without naming an executor, or if it appears that property will pass to a…
ARTICLE 3. Publication §§ 8120–8125 · 6 sections
- § 8120 In addition to service of the notice of hearing as provided in Article 2 (commencing with Section 8110), notice of hearing of a petition for administration of…
- § 8121 (a) The first publication date of the notice shall be at least 15 days before the hearing. Three publications in a newspaper published once a week or more…
- § 8122 The Legislature finds and declares that, to be most effective, notice of hearing should be published in compliance with Section 8121. However, the Legislature…
- § 8123 The caption of a notice under this article shall be in 8-point type or larger and the text shall be in 7-point type or larger.
- § 8124 A petition for administration of a decedent’s estate shall not be heard by the court unless an affidavit showing due publication of the notice of hearing has…
- § 8125 Notwithstanding Section 8100, after the notice of hearing is published and an affidavit filed, any subsequent publication of the notice ordered by the court…
CHAPTER 3. Probate of Will §§ 8200–8272 · 19 sections
ARTICLE 1. Production of Will §§ 8200–8203 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 2. Proof of Will §§ 8220–8226 · 7 sections
- § 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…
- § 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…
- § 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. If the will is proved, the…
- § 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…
- § 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…
ARTICLE 3. Contest of Will §§ 8250–8254 · 5 sections
- § 8250 (a) When a will is contested under Section 8004, the contestant shall file with the court an objection to probate of the will. Thereafter, a summons shall be…
- § 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…
- § 8252 (a) At the trial, the proponents of the will have the burden of proof of due execution. The contestants of the will have the burden of proof of lack of…
- § 8253 At the trial, each subscribing witness shall be produced and examined. If no subscribing witness is available as a witness within the meaning of Section 240 of…
- § 8254 The court may make appropriate orders, including orders sustaining or denying objections, and shall render judgment either admitting the will to probate or…
ARTICLE 4. Revocation of Probate §§ 8270–8272 · 3 sections
- § 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…
- § 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…
- § 8272 (a) If it appears on satisfactory proof that the will should be denied probate, the court shall revoke the probate of the will. (b) Revocation of probate of a…
CHAPTER 4. Appointment of Personal Representative §§ 8400–8577 · 62 sections
ARTICLE 1. General Provisions §§ 8400–8405 · 6 sections
- § 8400 (a) A person has no power to administer the estate until the person is appointed personal representative and the appointment becomes effective. Appointment of…
- § 8401 (a) Notwithstanding Section 8400, a petitioner for appointment as personal representative may deliver property in the petitioner’s possession to a trust…
- § 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)…
- § 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. The oath…
- § 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…
- § 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. (b) The name of the…
ARTICLE 2. Executors §§ 8420–8425 · 6 sections
- § 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…
- § 8422 (a) The testator may by will confer on a person the power to designate an executor or coexecutor, or successor executor or coexecutor. The will may provide…
- § 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…
- § 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…
- § 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…
ARTICLE 3. Administrators With the Will Annexed §§ 8440–8442 · 3 sections
- § 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…
- § 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…
- § 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…
ARTICLE 4. Administrators §§ 8460–8469 · 10 sections
- § 8460 (a) If the decedent dies intestate, the court shall appoint an administrator as personal representative. (b) The court may appoint one or more persons as…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 8465 (a) The court may appoint as administrator a person nominated by any of the following persons: (1) A person otherwise entitled to appointment. (2) A person who…
- § 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…
- § 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…
- § 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…
ARTICLE 5. Bond §§ 8480–8488 · 9 sections
- § 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…
- § 8481 (a) A bond is not required in either of the following cases: (1) The will waives the requirement of a bond. (2) All beneficiaries waive in writing the…
- § 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…
- § 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…
- § 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…
- § 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 995.010) of Title 14 of Part 2 of the Code of Civil Procedure) apply to a…
- § 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…
ARTICLE 6. Removal From Office §§ 8500–8505 · 6 sections
- § 8500 (a) Any interested person may petition for removal of the personal representative from office. A petition for removal may be combined with a petition for…
- § 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…
- § 8502 A personal representative may be removed from office for any of the following causes: (a) The personal representative has wasted, embezzled, mismanaged, or…
- § 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…
- § 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…
- § 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. (b)…
ARTICLE 7. Changes in Administration §§ 8520–8525 · 6 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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. (b) The liability of a…
ARTICLE 8. Special Administrators §§ 8540–8547 · 8 sections
- § 8540 (a) If the circumstances of the estate require the immediate appointment of a personal representative, the court may appoint a special administrator to…
- § 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. (b) In…
- § 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…
- § 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…
- § 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…
- § 8545 (a) Notwithstanding Section 8544, the court may grant a special administrator the same powers, duties, and obligations as a general personal representative…
- § 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. (b) The…
- § 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…
ARTICLE 9. Nonresident Personal Representative §§ 8570–8577 · 8 sections
- § 8570 As used in this article, “nonresident personal representative” means a nonresident of this state appointed as personal representative, or a resident of this…
- § 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…
- § 8572 (a) Acceptance of appointment by a nonresident personal representative is equivalent to and constitutes an irrevocable and binding appointment by the…
- § 8573 A nonresident personal representative shall sign and file with the court a statement of the permanent address of the nonresident personal representative. If…
- § 8574 (a) Service of process or notice of a motion under Section 377.41 of the Code of Civil Procedure in any action or proceeding against the nonresident personal…
- § 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,…
- § 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. (b) A…
- § 8577 (a) Failure of a nonresident personal representative to comply with Section 8573 is cause for removal from office. (b) Nothing in this section limits the…