BlackletterCalifornia law

PART 3. INVENTORY AND APPRAISAL [8800. - 8980.]

Part 3 enacted by Stats. 1990, Ch. 79.

§§ 8800–8980 · 34 sections

  1. CHAPTER 1. General Provisions §§ 8800–8804 · 5 sections
    • § 8800 (a) The personal representative shall file with the court clerk an inventory of property to be administered in the decedent’s estate together with an appraisal…
    • § 8801 If the personal representative acquires knowledge of property to be administered in the decedent’s estate that is not included in a prior inventory and…
    • § 8802 The inventory and appraisal shall separately list each item and shall state the fair market value of the item at the time of the decedent’s death in monetary…
    • § 8803 On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal representative shall, pursuant to Section 1252, deliver a…
    • § 8804 If the personal representative refuses or negligently fails to file an inventory and appraisal within the time allowed under this chapter, upon petition of an…
  2. CHAPTER 2. Inventory §§ 8850–8873 · 7 sections
    1. ARTICLE 1. General Provisions §§ 8850–8852 · 3 sections
      • § 8850 (a) The inventory, including partial and supplemental inventories, shall include all property to be administered in the decedent’s estate. (b) The inventory…
      • § 8851 The discharge or devise in a will of any debt or demand of the testator against the executor or any other person is not valid against creditors of the…
      • § 8852 (a) The personal representative shall take and subscribe an oath that the inventory contains a true statement of the property to be administered in the…
    2. ARTICLE 2. Discovery of Property of Decedent §§ 8870–8873 · 4 sections
      • § 8870 (a) On petition by the personal representative or an interested person, the court may order that a citation be issued to a person to answer interrogatories, or…
      • § 8871 Interrogatories may be put to a person cited to answer interrogatories pursuant to Section 8870. The interrogatories and answers shall be in writing. The…
      • § 8872 (a) At an examination witnesses may be produced and examined on either side. (b) If upon the examination it appears that the allegations of the petition are…
      • § 8873 (a) On petition by the personal representative, the court may issue a citation to a person who has possession or control of property in the decedent’s estate…
  3. CHAPTER 3. Appraisal §§ 8900–8980 · 22 sections
    1. ARTICLE 1. Procedure §§ 8900–8909 · 10 sections
      • § 8900 The appraisal of property in the inventory shall be made by the personal representative, probate referee, or independent expert as provided in this chapter.
      • § 8901 The personal representative shall appraise the following property, excluding items whose fair market value is, in the opinion of the personal representative,…
      • § 8902 Except as otherwise provided by statute: (a) The personal representative shall deliver the inventory to the probate referee designated by the court, together…
      • § 8903 (a) The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section. (b) The personal representative may apply for a…
      • § 8904 (a) A unique, artistic, unusual, or special item of tangible personal property that would otherwise be appraised by the probate referee may, at the election of…
      • § 8905 A person who appraises property, whether a personal representative, probate referee, or independent expert, shall sign the appraisal as to property appraised…
      • § 8906 (a) At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the…
      • § 8907 Neither the personal representative nor the attorney for the personal representative is entitled to receive compensation for extraordinary services by reason…
      • § 8908 A probate referee who appraises property in the estate shall, upon demand by the personal representative or by a beneficiary: (a) Provide any appraisal report…
      • § 8909 A probate referee who appraises property in an estate shall retain possession of all appraisal reports and backup data used by the referee to appraise the…
    2. ARTICLE 2. Designation and Removal of Probate Referee §§ 8920–8924 · 5 sections
      • § 8920 The probate referee, when designated by the court, shall be among the persons appointed by the Controller to act as a probate referee for the county. If there…
      • § 8921 The court may designate a person requested by the personal representative as probate referee, on a showing by the personal representative of good cause for the…
      • § 8922 The court has authority and discretion not to designate a particular person as probate referee even though appointed by the Controller to act as a probate…
      • § 8923 The court may not designate as probate referee any of the following persons: (a) The court clerk. (b) A partner or employee of the judge or commissioner who…
      • § 8924 (a) The court shall remove the designated probate referee in any of the following circumstances: (1) The personal representative shows cause, including…
    3. ARTICLE 3. Time for Probate Referee Appraisal §§ 8940–8941 · 2 sections
      • § 8940 (a) The probate referee shall promptly and with reasonable diligence appraise the property scheduled for appraisal by the probate referee in the inventory that…
      • § 8941 (a) The court shall, on petition of the personal representative or probate referee, or may, on the court’s own motion, hear the report of the status of the…
    4. ARTICLE 4. Commission and Expenses of Probate Referee §§ 8960–8964 · 4 sections
      • § 8960 (a) The commission and expenses provided by this article as compensation for the services of the probate referee shall be paid from the estate. (b) The probate…
      • § 8961 As compensation for services the probate referee shall receive all of the following: (a) A commission of one-tenth of one percent of the total value of the…
      • § 8963 (a) Notwithstanding Section 8961 and subject to subdivision (b), the commission of the probate referee shall in no event be less than seventy-five dollars…
      • § 8964 If more than one probate referee appraises or participates in the appraisal of property in the estate, each is entitled to the share of the commission agreed…
    5. ARTICLE 5. Transitional Provision § 8980 · 1 section
      • § 8980 If an inventory is delivered to a probate referee for appraisal before July 1, 1989, all matters relating to the appraisal by the referee, including the…