reglab/housing_qa huggingface dataset:
CA Prob Code § 8226 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 3 - Probate of Will|ARTICLE 2 - Proof of Will|Section 8226.

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 will to probate is conclusive, subject to Section 8007.(b) Subject to subdivision (c), a will may be admitted to probate notwithstanding prior admission to probate of another will or prior distribution of property in the proceeding. The will may not affect property previously distributed, but the court may determine how any provision of the will affects property not yet distributed and how any provision of the will affects provisions of another will. (c) If the proponent of a will has received notice of a petition for probate or a petition for letters of administration for a general personal representative, the proponent of the will may petition for probate of the will only within the later of either of the following time periods:(1) One hundred twenty days after issuance of the order admitting the first will to probate or determining the decedent to be intestate.(2) Sixty days after the proponent of the will first obtains knowledge of the will.(Amended by Stats. 1997, Ch. 724, Sec. 19. Effective January 1, 1998.)
CA Prob Code § 8250 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 3 - Probate of Will|ARTICLE 3 - Contest of Will|Section 8250.

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 issued and served, with a copy of the objection, on the persons required by Section 8110 to be served with notice of hearing of a petition for administration of the decedent’s estate. The summons shall be issued and served as provided in Chapter 3 (commencing with Section 412.10) and Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. The summons shall contain a direction that the persons summoned file with the court a written pleading in response to the contest within 30 days after service of the summons.(b) A person named as executor in the will is under no duty to defend a contest until the person is appointed personal representative.(Amended by Stats. 2011, Ch. 308, Sec. 11. (SB 647) Effective January 1, 2012.)
CA Prob Code § 8251 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 3 - Probate of Will|ARTICLE 3 - Contest of Will|Section 8251.

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 summons.(b) Demurrer may be made on any of the grounds of demurrer available in a civil action. If the demurrer is sustained, the court may allow the contestant a reasonable time, not exceeding 15 days, within which to amend the objection. If the demurrer is overruled, the petitioner and other interested persons may, within 15 days thereafter, answer the objection.(c) If a person fails timely to respond to the summons:(1) The case is at issue notwithstanding the failure and the case may proceed on the petition and other documents filed by the time of the hearing, and no further pleadings by other persons are necessary.(2) The person may not participate further in the contest, but the person’s interest in the estate is not otherwise affected. Nothing in this paragraph precludes further participation by the petitioner.(3) The person is bound by the decision in the proceeding.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8252 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 3 - Probate of Will|ARTICLE 3 - Contest of Will|Section 8252.

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 testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. If the will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate.(b) The court shall try and determine any contested issue of fact that affects the validity of the will.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8253 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 3 - Probate of Will|ARTICLE 3 - Contest of Will|Section 8253.

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 the Evidence Code, the court may admit the evidence of other witnesses to prove the due execution of the will.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8254 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 3 - Probate of Will|ARTICLE 3 - Contest of Will|Section 8254.

8254.  The court may make appropriate orders, including orders sustaining or denying objections, and shall render judgment either admitting the will to probate or rejecting it, in whole or in part, and appointing a personal representative.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8270 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 3 - Probate of Will|ARTICLE 4 - Revocation of Probate|Section 8270.

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 notice of a will contest in time to have joined in the contest, may petition the court to revoke the probate of the will. The petition shall include objections setting forth written grounds of opposition.(b) Notwithstanding subdivision (a), a person who was a minor or who was incompetent and had no guardian or conservator at the time a will was admitted to probate may petition the court to revoke the probate of the will at any time before entry of an order for final distribution.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8271 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 3 - Probate of Will|ARTICLE 4 - Revocation of Probate|Section 8271.

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 the petitioner. The summons shall contain a direction that the persons summoned file with the court a written pleading in response to the petition within 30 days after service of the summons. Failure of a person timely to respond to the summons precludes the person from further participation in the revocation proceeding, but does not otherwise affect the person’s interest in the estate.(b) The summons shall be issued and served with a copy of the petition and proceedings had as in the case of a contest of the will.(c) If a person fails timely to respond to the summons:(1) The case is at issue notwithstanding the failure and the case may proceed on the petition and other documents filed by the time of the hearing, and no further pleadings by other persons are necessary.(2) The person may not participate further in the contest, but the person’s interest in the estate is not otherwise affected.(3) The person is bound by the decision in the proceeding.(Amended by Stats. 1998, Ch. 581, Sec. 25. Effective January 1, 1999.)
CA Prob Code § 8272 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 3 - Probate of Will|ARTICLE 4 - Revocation of Probate|Section 8272.

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 will terminates the powers of the personal representative. The personal representative is not liable for any otherwise proper act done in good faith before the revocation, nor is any transaction void by reason of the revocation if entered into with a third person dealing in good faith and for value.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8400 (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 1 - General Provisions|Section 8400.

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 a personal representative becomes effective when the person appointed is issued letters.(b) Subdivision (a) applies whether or not the person is named executor in the decedent’s will, except that a person named executor in the decedent’s will may, before the appointment is made or becomes effective, pay funeral expenses and take necessary measures for the maintenance and preservation of the estate.(c) The order appointing a personal representative shall state in capital letters on the first page of the order, in at least 12-point type, the following: “WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.”(Amended by Stats. 1996, Ch. 862, Sec. 16. Effective January 1, 1997.)
CA Prob Code § 8401 (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 1 - General Provisions|Section 8401.

8401.  (a) Notwithstanding Section 8400, a petitioner for appointment as personal representative may deliver property in the petitioner’s possession to a trust company or financial institution for deposit, or allow a trust company or financial institution to retain on deposit property already in its possession, as provided in Chapter 3 (commencing with Section 9700) of Part 5.(b) The petitioner shall obtain and file with the court a written receipt including the agreement of the trust company or financial institution that the property on deposit, including any earnings thereon, shall not be allowed to be withdrawn except on order of the court.(c) In receiving and retaining property under this section, the trust company or financial institution is protected to the same extent as though it had received the property from a person who had been appointed personal representative.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8402 (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 1 - General Provisions|Section 8402.

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) The person is under the age of majority.(2) The person is subject to a conservatorship of the estate or is otherwise incapable of executing, or is otherwise unfit to execute, the duties of the office.(3) There are grounds for removal of the person from office under Section 8502.(4) The person is not a resident of the United States.(5) The person is a surviving business partner of the decedent and an interested person objects to the appointment.(b) Paragraphs (4) and (5) of subdivision (a) do not apply to a person named as executor or successor executor in the decedent’s will.(Amended by Stats. 2016, Ch. 703, Sec. 19. (AB 2881) Effective January 1, 2017.)
CA Prob Code § 8403 (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 1 - General Provisions|Section 8403.

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 may be taken and dated on or after the time the petition for appointment as personal representative is signed, and may be filed with the clerk at any time after the petition is granted.(b) The oath constitutes an acceptance of the office and shall be attached to or endorsed on the letters.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8404 (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 1 - General Provisions|Section 8404.

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 statement of duties and liabilities of the office of personal representative. The statement shall be in the form prescribed by the Judicial Council.(b) The court may by local rule require the acknowledgment of receipt to include the personal representative’s birth date and driver’s license number, if any, provided that the court ensures their confidentiality.(c) The statement of duties and liabilities prescribed by the Judicial Council does not supersede the law on which the statement is based.(Amended by Stats. 1994, Ch. 806, Sec. 26. Effective January 1, 1995.)
CA Prob Code § 8405 (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 1 - General Provisions|Section 8405.

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 person appointed as personal representative and whether the personal representative is an executor, administrator, administrator with the will annexed, or special administrator.(c) A notation whether the personal representative is authorized to act under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400) of Division 7), and if so authorized whether the independent administration authority includes or excludes the power to do any of the following:(1) Sell real property.(2) Exchange real property.(3) Grant an option to purchase real property.(4) Borrow money with the loan secured by an encumbrance upon real property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8420 (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 2 - Executors|Section 8420.

8420.  The person named as executor in the decedent’s will has the right to appointment as personal representative.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8421 (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 2 - Executors|Section 8421.

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 administration of the estate to the person, the person is entitled to appointment as personal representative in the same manner as if named as executor.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8422 (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 2 - Executors|Section 8422.

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 that the persons so designated may serve without bond.(b) A designation shall be in writing and filed with the court. Unless the will provides otherwise, if there are two or more holders of the power to designate, the designation shall be unanimous, unless one of the holders of the power is unable or unwilling to act, in which case the remaining holder or holders may exercise the power.(c) Except as provided in this section, an executor does not have authority to name a coexecutor, or a successor executor or coexecutor.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8423 (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 2 - Executors|Section 8423.

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 law succeeded by, another trust company, the court may, and to the extent required by the Banking Law (Division 1 (commencing with Section 99) of the Financial Code) shall, appoint the successor trust company as executor.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8424 (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 2 - Executors|Section 8424.

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 administer the estate until the majority of the minor, who may then be appointed as coexecutor.(b) If a person named as executor is under the age of majority and there is no other person named as executor, another person may be appointed as personal representative, but the court may revoke the appointment on the majority of the minor, who may then be appointed as executor.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8425 (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 2 - Executors|Section 8425.

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 if appointed.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8440 (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 3 - Administrators With the Will Annexed|Section 8440.

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 executors named in the will have waived the right to appointment or are for any reason unwilling or unable to act.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8441 (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 3 - Administrators With the Will Annexed|Section 8441.

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 priority as for appointment of an administrator.(b) A person who takes under the will has priority over a person who does not, but the court in its discretion may give priority to a person who does not take under the will if the person is entitled to a statutory interest that is a substantially greater portion of the estate than the devise to the person who takes under the will and the priority appears appropriate under the circumstances. A person who takes more than 50 percent of the value of the estate under the will or the person’s nominee, or the nominee of several persons who together take more than 50 percent of the value of the estate under the will, has priority over other persons who take under the will.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8442 (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 3 - Administrators With the Will Annexed|Section 8442.

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 have.(b) If the will confers a discretionary power or authority on an executor that is not conferred by law and the will does not extend the power or authority to other personal representatives, the power or authority shall not be deemed to be conferred on an administrator with the will annexed, but the court in its discretion may authorize the exercise of the power or authority.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8460 (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 8460.

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 administrator.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8461 (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 8461.

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 order of priority:(a) Surviving spouse or domestic partner as defined in Section 37.(b) Children.(c) Grandchildren.(d) Other issue.(e) Parents.(f) Brothers and sisters.(g) Issue of brothers and sisters.(h) Grandparents.(i) Issue of grandparents.(j) Children of a predeceased spouse or domestic partner.(k) Other issue of a predeceased spouse or domestic partner.(l) Other next of kin.(m) Parents of a predeceased spouse or domestic partner.(n) Issue of parents of a predeceased spouse or domestic partner.(o) Conservator or guardian of the estate acting in that capacity at the time of death who has filed a first account and is not acting as conservator or guardian for any other person.(p) Public administrator.(q) Creditors.(r) Any other person.(Amended by Stats. 2001, Ch. 893, Sec. 53. Effective January 1, 2002.)
CA Prob Code § 8462 (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 8462.

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 decedent, has priority under Section 8461 only if one of the following conditions is satisfied:(a) The surviving spouse, domestic partner, or relative is entitled to succeed to all or part of the estate.(b) The surviving spouse, domestic partner, or relative either takes under the will of, or is entitled to succeed to all or part of the estate of, another deceased person who is entitled to succeed to all or part of the estate of the decedent.(Amended by Stats. 2001, Ch. 893, Sec. 54. Effective January 1, 2002.)