PART 10. DISTRIBUTION OF ESTATE [11600. - 12007.]
Part 10 enacted by Stats. 1990, Ch. 79.
§§ 11600–12007 · 53 sections
CHAPTER 1. Order for Distribution §§ 11600–11642 · 15 sections
ARTICLE 1. General Provisions §§ 11600–11605 · 7 sections
- § 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…
- § 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. (b)…
- § 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…
- § 11604 (a) This section applies where distribution is to be made to any of the following persons: (1) The transferee of a beneficiary. (2) Any person other than a…
- § 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…
- § 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.
ARTICLE 2. Preliminary Distribution §§ 11620–11624 · 5 sections
- § 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…
- § 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…
- § 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…
- § 11623 (a) Notwithstanding Section 11601, if authority is granted to administer the estate without court supervision under the Independent Administration of Estates…
- § 11624 The costs of a proceeding under this article shall be paid by the distributee or the estate in proportions determined by the court.
ARTICLE 3. Final Distribution §§ 11640–11642 · 3 sections
- § 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…
- § 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…
- § 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…
CHAPTER 2. Determination of Persons Entitled to Distribution §§ 11700–11705 · 6 sections
- § 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…
- § 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. (b)…
- § 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. The written…
- § 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…
- § 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…
- § 11705 (a) The court shall make an order that determines the persons entitled to distribution of the decedent’s estate and specifies their shares. (b) When the court…
CHAPTER 3. Distribution of Property in Estate §§ 11750–11754 · 5 sections
- § 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. In the case of…
- § 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…
- § 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…
CHAPTER 4. Deceased Distributee §§ 11801–11802 · 2 sections
- § 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…
- § 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…
CHAPTER 5. Deposit with County Treasurer §§ 11850–11854 · 5 sections
- § 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…
- § 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. (b)…
- § 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…
- § 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…
- § 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. The petition shall…
CHAPTER 6. Distribution to State §§ 11900–11904 · 5 sections
- § 11900 (a) The court shall order property that is not ordered distributed to known beneficiaries to be distributed to the state. (b) Insofar as practicable, any real…
- § 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…
- § 11902 (a) If the court orders distribution to the state, the personal representative shall promptly: (1) Deliver any money to the State Treasurer. (2) Deliver any…
- § 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…
- § 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…
CHAPTER 7. Partition or Allotment of Property §§ 11950–11956 · 7 sections
- § 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,…
- § 11951 (a) A petition under this chapter may be filed at any time before an order for distribution of the affected property becomes final. (b) The petition shall: (1)…
- § 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…
- § 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…
- § 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. The…
- § 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. The amount…
- § 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…
CHAPTER 8. Interest and Income Accruing During Administration §§ 12000–12007 · 8 sections
- § 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…
- § 12002 (a) Except as provided in this section, a specific devise does not bear interest. (b) A specific devise carries with it income on the devised property from the…
- § 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…
- § 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. (b) If an annuity is not paid…
- § 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…
- § 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…
- § 12007 This chapter does not apply in cases where the decedent died before July 1, 1989. In cases where the decedent died before July 1, 1989, the applicable law in…