reglab/housing_qa huggingface dataset:
CA Prob Code § 8902 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 1 - Procedure|Section 8902.

8902.  Except as otherwise provided by statute:(a) The personal representative shall deliver the inventory to the probate referee designated by the court, together with necessary supporting data to enable the probate referee to make an appraisal of the property in the inventory to be appraised by the probate referee.(b) The probate referee shall appraise all property other than that appraised by the personal representative.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8903 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 1 - Procedure|Section 8903.

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 waiver together with the petition for appointment of the personal representative or together with another petition, or may apply for a waiver in a separate petition filed in the administration proceedings, but the application shall not be made later than the time the personal representative delivers the inventory to the probate referee, if a probate referee has been designated. A copy of the proposed inventory and appraisal and a statement that sets forth the good cause that justifies the waiver shall be attached to the petition.(c) The hearing on the waiver shall be not sooner than 15 days after the petition is filed. Notice of the hearing on the petition, together with a copy of the petition and a copy of the proposed inventory and appraisal, shall be given as provided in Sections 1215 and 1220 to all of the following persons:(1) Each person listed in Section 1220.(2) Each known heir whose interest in the estate would be affected by the waiver.(3) Each known devisee whose interest in the estate would be affected by the waiver.(4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the waiver.(5) The probate referee, if a probate referee has been designated.(d) A probate referee to whom notice is given under this section may oppose the waiver. If the opposition fails and the court determines the opposition was made without substantial justification, the court shall award litigation expenses, including reasonable attorney’s fees, against the probate referee. If the opposition succeeds, the court may designate a different probate referee to appraise property in the estate.(e) If the petition is granted, the inventory and appraisal attached to the petition shall be filed pursuant to Section 8800.(Amended by Stats. 2017, Ch. 319, Sec. 71. (AB 976) Effective January 1, 2018.)
CA Prob Code § 8904 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 1 - Procedure|Section 8904.

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 the personal representative, be appraised by an independent expert qualified to appraise the item.(b) The personal representative shall make the election provided in subdivision (a) by a notation on the inventory delivered to the probate referee indicating the property to be appraised by an independent expert. The probate referee may, within five days after delivery of the inventory, petition for a court determination whether the property to be appraised by an independent expert is a unique, artistic, unusual, or special item of tangible personal property. If the petition fails and the court determines that the petition was made without substantial justification, the court shall award litigation expenses, including reasonable attorney’s fees, against the probate referee.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8905 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 1 - Procedure|Section 8905.

8905.  A person who appraises property, whether a personal representative, probate referee, or independent expert, shall sign the appraisal as to property appraised by that person, and shall take and subscribe an oath that the person has truly, honestly, and impartially appraised the property to the best of the person’s ability.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8906 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 1 - Procedure|Section 8906.

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 court a written objection to the appraisal.(b) The clerk shall fix a time, not less than 15 days after the filing, for a hearing on the objection.(c) The person objecting shall give notice of the hearing, together with a copy of the objection, as provided in Section 1220. If the appraisal was made by a probate referee, the person objecting shall also deliver notice of the hearing and a copy of the objection to the probate referee at least 15 days before the date set for the hearing.(d) The person objecting to the appraisal has the burden of proof.(e) Upon completion of the hearing, the court may make any orders that appear appropriate. If the court determines the objection was filed without reasonable cause or good faith, the court may order that the fees of the personal representative and attorney and any costs incurred for defending the appraisal be made a charge against the person filing the objection.(Amended by Stats. 2017, Ch. 319, Sec. 72. (AB 976) Effective January 1, 2018.)
CA Prob Code § 8907 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 1 - Procedure|Section 8907.

8907.  Neither the personal representative nor the attorney for the personal representative is entitled to receive compensation for extraordinary services by reason of appraising any property in the estate.(Amended by Stats. 1991, Ch. 82, Sec. 24. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
CA Prob Code § 8908 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 1 - Procedure|Section 8908.

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 or backup data in the possession of the probate referee used by the referee to appraise an item of property. The probate referee shall not disclose any information that is required by law to be confidential. The probate referee shall provide the appraisal report or backup data without charge. The cost of providing the appraisal report or backup data shall not be allowed as an expense of appraisal but is included in the commission for services of the probate referee.(b) Justify the appraisal of an item of property if the appraisal is contested, whether by objection pursuant to Section 8906, by tax audit, or otherwise. The probate referee may be entitled to an additional fee for services provided to justify the appraisal, to be agreed upon by the personal representative or beneficiary and referee. If the personal representative or beneficiary and the probate referee are unable to agree, the court shall determine what fee, if any, is appropriate.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8909 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 1 - Procedure|Section 8909.

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 property for a period of three years after the appraisal is filed. The probate referee shall, during the three-year period, offer the personal representative the reports and data used by the referee to appraise the property and deliver the reports and data to the personal representative on request. Any reports and data not requested by the personal representative may be destroyed at the end of the three-year period without further notice.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8920 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 2 - Designation and Removal of Probate Referee|Section 8920.

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 is no person available who is able to act or if, pursuant to authority of Section 8922 or otherwise, the court does not designate a person appointed for the county, the court may designate a probate referee from another county.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8921 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 2 - Designation and Removal of Probate Referee|Section 8921.

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 designation. The following circumstances are included within the meaning of good cause, as used in this section:(a) The probate referee has recently appraised the same property that will be appraised in the administration proceeding.(b) The probate referee will be making related appraisals in another proceeding.(c) The probate referee has recently appraised similar property in another proceeding.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8922 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 2 - Designation and Removal of Probate Referee|Section 8922.

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 referee for the county.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8923 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 2 - Designation and Removal of Probate Referee|Section 8923.

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 orders the designation.(c) The spouse of the judge or commissioner who orders the designation.(d) A person, or the spouse of a person, who is related within the third degree either (1) to the judge or commissioner who orders the designation or (2) to the spouse of the judge or commissioner who orders the designation.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8924 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 2 - Designation and Removal of Probate Referee|Section 8924.

8924.  (a) The court shall remove the designated probate referee in any of the following circumstances:(1) The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. The showing shall be made at a hearing on petition of the personal representative. The personal representative shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee at least 15 days before the date set for the hearing.(2) The personal representative has the right to remove the first probate referee who is designated by the court. Cause need not be shown for removal under this paragraph. The personal representative may exercise the right at any time before the personal representative delivers the inventory to the probate referee. The personal representative shall exercise the right by filing an affidavit or declaration under penalty of perjury with the court and delivering a copy to the probate referee pursuant to Section 1215. Thereupon, the court shall remove the probate referee without any further act or proof.(3) Any other cause provided by statute.(b) Upon removal of the probate referee, the court shall designate another probate referee in the manner prescribed in Section 8920.(Amended by Stats. 2017, Ch. 319, Sec. 73. (AB 976) Effective January 1, 2018.)
CA Prob Code § 8940 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 3 - Time for Probate Referee Appraisal|Section 8940.

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 the personal representative delivers to the referee.(b) The probate referee shall, not later than 60 days after delivery of the inventory, do one of the following:(1) Return the completed appraisal to the personal representative.(2) Make a report of the status of the appraisal. The report shall show the reason why the property has not been appraised and an estimate of the time needed to complete the appraisal. The report shall be delivered to the personal representative and filed with the court.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8941 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 3 - Time for Probate Referee Appraisal|Section 8941.

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 appraisal. The court may issue a citation to compel the personal representative or the probate referee to attend the hearing.(b) If the probate referee does not make the report of the status of the appraisal within the time required by this article or prescribed by the court, the court shall, on petition of the personal representative or may, on its own motion, cite the probate referee to appear before the court and show the reason why the property has not been appraised.(c) Upon the hearing, the court may order any of the following:(1) That the appraisal be completed within a time that appears reasonable.(2) That the probate referee be removed. Upon removal of the probate referee the court shall designate another probate referee in the manner prescribed in Section 8920.(3) That the commission of the probate referee be reduced by an amount the court deems appropriate, regardless of whether the commission otherwise allowable under the provisions of Sections 8960 to 8964 would be reasonable compensation for the services rendered.(4) That the personal representative deliver to the probate referee all information necessary to allow the probate referee to complete the appraisal. Failure to comply with such an order is grounds for removal of the personal representative.(5) Such other orders as may be appropriate.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8960 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 4 - Commission and Expenses of Probate Referee|Section 8960.

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 referee may not withhold the appraisal until the commission and expenses are paid, but shall deliver the appraisal to the personal representative promptly upon completion.(c) The commission and expenses of the probate referee are an expense of administration, entitled to the priority for payment provided by Section 11420, and shall be paid in the course of administration.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8961 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 4 - Commission and Expenses of Probate Referee|Section 8961.

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 property for each estate appraised, subject to Section 8963. The commission shall be computed excluding property appraised by the personal representative pursuant to Section 8901 or by an independent expert pursuant to Section 8904.(b) Actual and necessary expenses for each estate appraised. The referee shall file with, or list on, the inventory and appraisal a verified account of the referee’s expenses.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8963 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 4 - Commission and Expenses of Probate Referee|Section 8963.

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 ($75) nor more than ten thousand dollars ($10,000) for any estate appraised.(b) Upon application of the probate referee, the court may allow a commission in excess of ten thousand dollars ($10,000) if the court determines that the reasonable value of the referee’s services exceeds that amount. Notice of the hearing under this subdivision shall be given as provided in Section 1220 to all of the following persons:(1) Each person listed in Section 1220.(2) Each known heir whose interest in the estate would be affected by the petition.(3) Each known devisee whose interest in the estate would be affected by the petition.(4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.(5) Each person who has requested special notice of petitions filed in the proceeding.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8964 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 4 - Commission and Expenses of Probate Referee|Section 8964.

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 upon by the referees or, absent an agreement, that the court allows. In no case shall the total commission for all referees exceed the maximum commission that would be allowable for a single referee.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8980 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 3 - Appraisal|ARTICLE 5 - Transitional Provision|Section 8980.

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 property to be included in the appraisal, waiver of the appraisal, and compensation of the referee, are governed by the applicable law in effect before July 1, 1989, and are not governed by this chapter.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9350 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 8 - Claims in Litigation|ARTICLE 1 - Claim Where No Pending Action or Proceeding|Section 9350.

9350.  This article applies to any claim other than a claim on an action or proceeding pending against the decedent at the time of death.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9351 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 8 - Claims in Litigation|ARTICLE 1 - Claim Where No Pending Action or Proceeding|Section 9351.

9351.  An action may not be commenced against a decedent’s personal representative on a cause of action against the decedent unless a claim is first filed as provided in this part and the claim is rejected in whole or in part.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9352 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 8 - Claims in Litigation|ARTICLE 1 - Claim Where No Pending Action or Proceeding|Section 9352.

9352.  (a) The filing of a claim or a petition under Section 9103 to file a claim tolls the statute of limitations otherwise applicable to the claim until allowance, approval, or rejection. (b) The allowance or approval of a claim in whole or in part further tolls the statute of limitations during the administration of the estate as to the part allowed or approved.(Amended by Stats. 1991, Ch. 1055, Sec. 26.)
CA Prob Code § 9353 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 8 - Claims in Litigation|ARTICLE 1 - Claim Where No Pending Action or Proceeding|Section 9353.

9353.  (a) Regardless of whether the statute of limitations otherwise applicable to a claim will expire before or after the following times, a claim rejected in whole or in part is barred as to the part rejected unless, within the following times, the creditor commences an action on the claim or the matter is referred to a referee or to arbitration:(1) If the claim is due at the time the notice of rejection is given, 90 days after the notice is given.(2) If the claim is not due at the time the notice of rejection is given, 90 days after the claim becomes due.(b) The time during which there is a vacancy in the office of the personal representative shall be excluded from the period determined under subdivision (a).(Amended by Stats. 2007, Ch. 159, Sec. 7. Effective January 1, 2008.)
CA Prob Code § 9354 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 8 - Claims in Litigation|ARTICLE 1 - Claim Where No Pending Action or Proceeding|Section 9354.

9354.  (a) In addition to any other county in which an action may be commenced, an action on the claim may be commenced in the county in which the proceeding for administration of the decedent’s estate is pending.(b) The plaintiff shall file a notice of the pendency of the action with the court clerk in the estate proceeding, together with proof of giving a copy of the notice to the personal representative as provided in Section 1215. Personal service of a copy of the summons and complaint on the personal representative is equivalent to the filing and giving of the notice. Any property distributed under court order, or any payment properly made, before the notice is filed and given is not subject to the claim. The personal representative, distributee, or payee is not liable on account of the prior distribution or payment.(c) The prevailing party in the action shall be awarded court costs and, if the court determines that the prosecution or defense of the action against the prevailing party was unreasonable, the prevailing party shall be awarded reasonable litigation expenses, including attorney’s fees.(Enacted by Stats. 1990, Ch. 79.)