reglab/housing_qa huggingface dataset:
CA Prob Code § 8463 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 4 - Administrators|Section 8463.

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, and was living apart from the decedent on the date of the decedent’s death, the surviving spouse has priority next after brothers and sisters and not the priority prescribed in Section 8461.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8464 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 4 - Administrators|Section 8464.

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 estate has been appointed, the court in its discretion may appoint the guardian or conservator or another person entitled to appointment.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8466 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 4 - Administrators|Section 8466.

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 another person.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8467 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 4 - Administrators|Section 8467.

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 court may appoint the public administrator or a disinterested person in the same or the next lower class of priority as the persons who are unable to agree.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8468 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 4 - Administrators|Section 8468.

8468.  If persons having priority fail to claim appointment as administrator, the court may appoint any person who claims appointment.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8469 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 4 - Administrators|Section 8469.

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 at the time of death that has not filed a first account, or that is acting as guardian or conservator for another person, or both.(b) If the petition for appointment as administrator requests the court to allow the priority permitted by subdivision (a), the petitioner shall, in addition to the notice otherwise required by statute, deliver notice of the hearing pursuant to Section 1215 to the public administrator.(Amended by Stats. 2017, Ch. 319, Sec. 68. (AB 976) Effective January 1, 2018.)
CA Prob Code § 8480 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 5 - Bond|Section 8480.

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 court. If two or more persons are appointed, the court may require either a separate bond from each or a joint and several bond. If a joint bond is furnished, the liability on the bond is joint and several.(b) The bond shall be for the benefit of interested persons and shall be conditioned on the personal representative’s faithful execution of the duties of the office according to law.(c) If the person appointed as personal representative fails to give the required bond, letters shall not be issued. If the person appointed as personal representative fails to give a new, additional, or supplemental bond, or to substitute a sufficient surety, under court order, the person may be removed from office.(Amended by Stats. 1998, Ch. 77, Sec. 3. Effective January 1, 1999.)
CA Prob Code § 8481 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 5 - Bond|Section 8481.

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 requirement of a bond and the written waivers are attached to the petition for appointment of a personal representative. This paragraph does not apply if the will requires a bond.(b) Notwithstanding the waiver of a bond by a will or by all the beneficiaries, on petition of any interested person or on its own motion, the court may for good cause require that a bond be given, either before or after issuance of letters.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8482 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 5 - Bond|Section 8482.

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 personal property.(2) The probable annual gross income of the estate.(3) If independent administration is granted as to real property, the estimated value of the decedent’s interest in the real property.(b) Notwithstanding subdivision (a), if the bond is given by an admitted surety insurer, the court may establish a fixed minimum amount for the bond, based on the minimum premium required by the admitted surety insurer.(c) If the bond is given by personal sureties, the amount of the bond shall be twice the amount fixed by the court under subdivision (a).(d) Before confirming a sale of real property the court shall require such additional bond as may be proper, not exceeding the maximum requirements of this section, treating the expected proceeds of the sale as personal property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8483 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 5 - Bond|Section 8483.

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 property, including any earnings thereon, will not be withdrawn except on authorization of the court.(b) In a proceeding to determine the amount of the bond of the personal representative (whether at the time of appointment or subsequently), on production of a receipt showing the deposit of property of the estate in the manner described in subdivision (a), the court may order that the property shall not be withdrawn except on authorization of the court and may, in its discretion, do either of the following:(1) Exclude the property in determining the amount of the required bond or reduce the amount of the bond to an amount the court determines is reasonable.(2) If a bond has already been given or the amount fixed, reduce the amount to an amount the court determines is reasonable.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8484 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 5 - Bond|Section 8484.

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 estate and notice of hearing shall be given as provided in Section 1220.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8485 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 5 - Bond|Section 8485.

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. The court shall not order a substitution or release unless the account is approved.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8486 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 5 - Bond|Section 8486.

8486.  The personal representative shall be allowed the reasonable cost of the bond for every year it remains in force.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8487 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 5 - Bond|Section 8487.

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 bond given under this division, except to the extent this division is inconsistent.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8488 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 5 - Bond|Section 8488.

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 or of any person interested in the estate.(b) No action may be maintained against the sureties on the bond of the personal representative unless commenced within four years from the discharge or removal of the personal representative or within four years from the date the order surcharging the personal representative becomes final, whichever is later.(c) In any case, and notwithstanding subdivision (c) of Section 7250, no action may be maintained against the sureties on the bond unless commenced within six years from the date the judgment under Section 7250 or the later of the orders under subdivision (b) of this section becomes final.(Amended by Stats. 1994, Ch. 806, Sec. 27. Effective January 1, 1995.)
CA Prob Code § 8500 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 6 - Removal From Office|Section 8500.

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 appointment of a successor personal representative under Article 7 (commencing with Section 8520). The petition shall state facts showing cause for removal.(b) On a petition for removal, or if the court otherwise has reason to believe from the court’s own knowledge or from other credible information, whether on the settlement of an account or otherwise, that there are grounds for removal, the court shall issue a citation to the personal representative to appear and show cause why the personal representative should not be removed. The court may suspend the powers of the personal representative and may make such orders as are necessary to deal with the property pending the hearing.(c) Any interested person may appear at the hearing and file a written declaration showing that the personal representative should be removed or retained. The personal representative may demur to or answer the declaration. The court may compel the attendance of the personal representative and may compel the personal representative to answer questions, on oath, concerning the administration of the estate. Failure to attend or answer is cause for removal of the personal representative from office.(d) The issues shall be heard and determined by the court. If the court is satisfied from the evidence that the citation has been duly served and cause for removal exists, the court shall remove the personal representative from office.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8501 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 6 - Removal From Office|Section 8501.

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 personal representative ceases.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8502 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 6 - Removal From Office|Section 8502.

8502.  A personal representative may be removed from office for any of the following causes:(a) The personal representative has wasted, embezzled, mismanaged, or committed a fraud on the estate, or is about to do so.(b) The personal representative is incapable of properly executing the duties of the office or is otherwise not qualified for appointment as personal representative.(c) The personal representative has wrongfully neglected the estate, or has long neglected to perform any act as personal representative.(d) Removal is otherwise necessary for protection of the estate or interested persons.(e) Any other cause provided by statute.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8503 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 6 - Removal From Office|Section 8503.

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 succeed to all or part of the estate, or the nominee of the surviving spouse or relative, if such person is higher in priority than the administrator. (b) The court in its discretion may refuse to grant the petition:(1) Where the petition is by a person or the nominee of a person who had actual notice of the proceeding in which the administrator was appointed and an opportunity to contest the appointment.(2) Where to do so would be contrary to the sound administration of the estate.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8504 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 6 - Removal From Office|Section 8504.

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 probate of a will.(b) After appointment of an executor or administrator with the will annexed, the personal representative shall be removed from office on admission to probate of a later will.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8505 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 6 - Removal From Office|Section 8505.

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) Notwithstanding any other provision of this article, a personal representative may be removed from office under this section by a court order reciting the facts and without further showing or notice.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8520 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 7 - Changes in Administration|Section 8520.

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 whose authority is otherwise terminated.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8521 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 7 - Changes in Administration|Section 8521.

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 representatives, the remaining personal representatives shall complete the administration of the estate.(b) The court, on the filing of a petition alleging that a vacancy has occurred in the office of fewer than all personal representatives, may order the clerk to issue appropriate amended letters to the remaining personal representatives.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8522 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 7 - Changes in Administration|Section 8522.

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 personal representative.(b) Appointment of a successor personal representative shall be made on petition and notice shall be delivered to interested persons in the manner provided in Article 2 (commencing with Section 8110) of Chapter 2, and shall be subject to the same priority as for an original appointment of a personal representative. The personal representative of a deceased personal representative is not, as such, entitled to appointment as successor personal representative.(Amended by Stats. 2017, Ch. 319, Sec. 69. (AB 976) Effective January 1, 2018.)
CA Prob Code § 8523 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 7 - Changes in Administration|Section 8523.

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 and appointment of a successor. Those orders may include appointment of a special administrator.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8524 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 7 - Changes in Administration|Section 8524.

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 prosecute to final judgment any suit commenced by the former personal representative before the vacancy.(b) No notice, process, or claim given to or served on the former personal representative need be given to or served on the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative.(c) Except as provided in subdivision (b) of Section 8442 (authority of administrator with will annexed) or as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration that the former personal representative would have had.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8525 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 7 - Changes in Administration|Section 8525.

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 personal representative whose office is vacant, or of the surety on the bond, is not discharged, released, or affected by the vacancy or by appointment of a successor, but continues until settlement of the accounts of the personal representative and delivery of all the estate of the decedent to the successor personal representative or other person appointed by the court to receive it. The personal representative shall render an account of the administration within the time that the court directs.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8540 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 8 - Special Administrators|Section 8540.

8540.  (a) If the circumstances of the estate require the immediate appointment of a personal representative, the court may appoint a special administrator to exercise any powers that may be appropriate under the circumstances for the preservation of the estate.(b) The appointment may be for a specified term, to perform particular acts, or on any other terms specified in the court order.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8541 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 8 - Special Administrators|Section 8541.

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 making the appointment, the court shall ordinarily give preference to the person entitled to appointment as personal representative. The court may appoint the public administrator.(c) In the case of an appointment to perform a particular act, request for approval of the act may be included in the petition for appointment, and approval may be made on the same notice and at the same time as the appointment.(d) The court may act, if necessary, to remedy any errors made in the appointment.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8542 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 8 - Special Administrators|Section 8542.

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 bond that may be required by the court under Section 8480.(2) The special administrator takes the usual oath attached to or endorsed on the letters.(b) Subdivision (a) does not apply to the public administrator.(c) The letters of a special administrator appointed to perform a particular act shall include a notation of the particular act the special administrator was appointed to perform.(Enacted by Stats. 1990, Ch. 79.)