reglab/housing_qa huggingface dataset:
CA Prob Code § 8000 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 1 - Commencement of Proceedings|Section 8000.

8000.  (a) At any time after a decedent’s death, any interested person may commence proceedings for administration of the estate of the decedent by a petition to the court for an order determining the date and place of the decedent’s death and for either or both of the following:(1) Appointment of a personal representative.(2) Probate of the decedent’s will.(b) A petition for probate of the decedent’s will may be made regardless of whether the will is in the petitioner’s possession or is lost, destroyed, or beyond the jurisdiction of the state.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8001 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 1 - Commencement of Proceedings|Section 8001.

8001.  Unless good cause for delay is shown, if a person named in a will as executor fails to petition the court for administration of the estate within 30 days after the person has knowledge of the death of the decedent and that the person is named as executor, the person may be held to have waived the right to appointment as personal representative.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8002 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 1 - Commencement of Proceedings|Section 8002.

8002.  (a) The petition shall contain all of the following information:(1) The date and place of the decedent’s death.(2) The street number, street, and city, or other address, and the county, of the decedent’s residence at the time of death.(3) The name, age, address, and relation to the decedent of each heir and devisee of the decedent, so far as known to or reasonably ascertainable by the petitioner.(4) The character and estimated value of the property in the estate.(5) The name of the person for whom appointment as personal representative is petitioned.(b) If the decedent left a will:(1) The petitioner shall attach to the petition a photographic copy of the will. In the case of a holographic will or other will of which material provisions are handwritten, the petitioner shall also attach a typed copy of the will. (2) If the will is in a foreign language, the petitioner shall attach an English language translation. On admission of the will to probate, the court shall certify to a correct translation into English, and the certified translation shall be filed with the will.(3) The petition shall state whether the person named as executor in the will consents to act or waives the right to appointment.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8003 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 1 - Commencement of Proceedings|Section 8003.

8003.  (a) The hearing on the petition shall be set for a day not less than 15 nor more than 30 days after the petition is filed. At the request of the petitioner made at the time the petition is filed, the hearing on the petition shall be set for a day not less than 30 nor more than 45 days after the petition is filed. The court may not shorten the time for giving the notice of hearing under this section.(b) The petitioner shall serve and publish notice of the hearing in the manner prescribed in Chapter 2 (commencing with Section 8100).(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8004 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 1 - Commencement of Proceedings|Section 8004.

8004.  (a) If appointment of the personal representative is contested, the grounds of opposition may include a challenge to the competency of the personal representative or the right to appointment. If the contest asserts the right of another person to appointment as personal representative, the contestant shall also file a petition and serve notice in the manner provided in Article 2 (commencing with Section 8110) of Chapter 2, and the court shall hear the two petitions together.(b) If a will is contested, the applicable procedure is that provided in Article 3 (commencing with Section 8250) of Chapter 3.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8005 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 1 - Commencement of Proceedings|Section 8005.

8005.  (a) At the hearing on the petition, the court may examine and compel any person to attend as a witness concerning any of the following matters:(1) The time, place, and manner of the decedent’s death.(2) The place of the decedent’s domicile and residence at the time of death. (3) The character and value of the decedent’s property.(4) Whether or not the decedent left a will.(b) The following matters shall be established:(1) The jurisdictional facts, including:(A) The date and place of the decedent’s death.(B) That the decedent was domiciled in this state or left property in this state at the time of death.(C) The publication of notice under Article 3 (commencing with Section 8120) of Chapter 2.(2) The existence or nonexistence of the decedent’s will.(3) That notice of the hearing was served as provided in Article 2 (commencing with Section 8110) of Chapter 2.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8006 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 1 - Commencement of Proceedings|Section 8006.

8006.  (a) If the court finds that the matters referred to in paragraph (1) of subdivision (b) of Section 8005 are established, the court shall make an order determining the time and place of the decedent’s death and the jurisdiction of the court. Where appropriate and on satisfactory proof, the order shall admit the decedent’s will to probate and appoint a personal representative. The date the will is admitted to probate shall be included in the order.(b) If through defect of form or error the matters referred to in paragraph (1) of subdivision (b) of Section 8005 are incorrectly stated in the petition but actually are established, the court has and retains jurisdiction to correct the defect or error at any time. No such defect or error makes void an order admitting the will to probate or appointing a personal representative or an order made in any subsequent proceeding.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8007 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 1 - Commencement of Proceedings|Section 8007.

8007.  (a) Except as provided in subdivision (b), an order admitting a will to probate or appointing a personal representative, when it becomes final, is a conclusive determination of the jurisdiction of the court and cannot be collaterally attacked.(b) Subdivision (a) does not apply in either of the following cases:(1) The presence of extrinsic fraud in the procurement of the court order.(2) The court order is based on the erroneous determination of the decedent’s death.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8800 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 1 - General Provisions|Section 8800.

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 of property in the inventory. An inventory and appraisal shall be combined in a single document.(b) The inventory and appraisal shall be filed within four months after letters are first issued to a general personal representative. The court may allow such further time for filing an inventory and appraisal as is reasonable under the circumstances of the particular case.(c) The personal representative may file partial inventories and appraisals where appropriate under the circumstances of the particular case, but all inventories and appraisals shall be filed before expiration of the time allowed under subdivision (b).(d) Concurrent with the filing of the inventory and appraisal pursuant to this section, the personal representative shall also file a certification that the requirements of Section 480 of the Revenue and Taxation Code either:(1) Are not applicable because the decedent owned no real property in California at the time of death.(2) Have been satisfied by the filing of a change in ownership statement with the county recorder or assessor of each county in California in which the decedent owned property at the time of death.(Amended by Stats. 1992, Ch. 1180, Sec. 1. Effective January 1, 1993.)
CA Prob Code § 8801 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 1 - General Provisions|Section 8801.

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 appraisal, the personal representative shall file a supplemental inventory and appraisal of the property in the manner prescribed for an original inventory and appraisal. The supplemental inventory and appraisal shall be filed within four months after the personal representative acquires knowledge of the property. The court may allow such further time for filing a supplemental inventory and appraisal as is reasonable under the circumstances of the particular case.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8802 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 1 - General Provisions|Section 8802.

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 terms opposite the item.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8803 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 1 - General Provisions|Section 8803.

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 copy to each person who has requested special notice.(Amended by Stats. 2017, Ch. 319, Sec. 70. (AB 976) Effective January 1, 2018.)
CA Prob Code § 8804 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 1 - General Provisions|Section 8804.

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 interested person:(a) The court may compel the personal representative to file an inventory and appraisal pursuant to the procedure prescribed in Chapter 4 (commencing with Section 11050) of Part 8.(b) The court may remove the personal representative from office.(c) The court may impose on the personal representative personal liability for injury to the estate or to an interested person that directly results from the refusal or failure. The liability may include attorney’s fees, in the court’s discretion. Damages awarded pursuant to this subdivision are a liability on the bond of the personal representative, if any.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9000 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 1 - General Provisions|Section 9000.

9000.  As used in this division:(a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated:(1) Liability of the decedent, whether arising in contract, tort, or otherwise.(2) Liability for taxes incurred before the decedent’s death, whether assessed before or after the decedent’s death, other than property taxes and assessments secured by real property liens.(3) Liability of the estate for funeral expenses of the decedent.(b) “Claim” does not include a dispute regarding title of a decedent to specific property alleged to be included in the decedent’s estate.(c) “Creditor” means a person who may have a claim against estate property.(Amended by Stats. 2007, Ch. 159, Sec. 1. Effective January 1, 2008.)
CA Prob Code § 9001 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 1 - General Provisions|Section 9001.

9001.  (a) The publication of notice under Section 8120 and the giving of notice of administration of the estate of the decedent under Chapter 2 (commencing with Section 9050) constitute notice to creditors of the requirements of this part.(b) Nothing in subdivision (a) affects a notice or request to a public entity required by Chapter 5 (commencing with Section 9200).(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9002 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 1 - General Provisions|Section 9002.

9002.  Except as otherwise provided by statute:(a) All claims shall be filed in the manner and within the time provided in this part.(b) A claim that is not filed as provided in this part is barred.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9003 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 1 - General Provisions|Section 9003.

9003.  A claim that is established under this part shall be included among the debts to be paid in the course of administration.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9004 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 1 - General Provisions|Section 9004.

9004.  (a) This part does not apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1988.(b) The applicable law in effect before July 1, 1988, governing the subject matter of this part continues to apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1988, notwithstanding its repeal by Chapter 923 of the Statutes of 1987.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9050 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 2 - Notice to Creditors|Section 9050.

9050.  (a) Subject to Section 9054, the personal representative shall give notice of administration of the estate to the known or reasonably ascertainable creditors of the decedent. The notice shall be given as provided in Section 1215. For the purpose of this subdivision, a personal representative has knowledge of a creditor of the decedent if the personal representative is aware that the creditor has demanded payment from the decedent or the estate.(b) The giving of notice under this chapter is in addition to the publication of the notice under Section 8120.(Amended by Stats. 1996, Ch. 862, Sec. 18. Effective January 1, 1997.)
CA Prob Code § 9051 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 2 - Notice to Creditors|Section 9051.

9051.  The notice shall be given within the later of:(a) Four months after the date letters are first issued.(b) Thirty days after the personal representative first has knowledge of the creditor.(Amended by Stats. 1996, Ch. 862, Sec. 19. Effective January 1, 1997.)
CA Prob Code § 9052 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 2 - Notice to Creditors|Section 9052.

9052.  The notice shall be in substantially the following form:NOTICE OF ADMINISTRATION OFESTATE OF _______, DECEDENTNotice to creditors:Administration of the estate of _________ (deceased) has been commenced by _________ (personal representative) in Estate No. _________ in the Superior Court of California, County of _________. You must file your claim with the court and deliver a copy pursuant to Section 1215 of the California Probate Code to the personal representative within the last to occur of four months after _________ (the date letters were first issued to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code), or 60 days after the date this notice was mailed to you or, in the case of personal delivery, 60 days after the date this notice was delivered to you, or you must petition to file a late claim as provided in Section 9103 of the California Probate Code. Failure to file a claim with the court and serve a copy of the claim on the personal representative will, in most instances, invalidate your claim. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested.(Date of mailing this notice)(Name and address of personalrepresentative or attorney)(Amended by Stats. 2017, Ch. 319, Sec. 74. (AB 976) Effective January 1, 2018.)
CA Prob Code § 9053 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 2 - Notice to Creditors|Section 9053.

9053.  (a) If the personal representative believes that notice to a particular creditor is or may be required by this chapter and gives notice based on that belief, the personal representative is not liable to any person for giving the notice, whether or not required by this chapter. (b) If the personal representative fails to give notice required by this chapter, the personal representative is not liable to any person for the failure, unless a creditor establishes all of the following:(1) The failure was in bad faith. (2) The creditor had no actual knowledge of the administration of the estate before expiration of the time for filing a claim, and payment would have been made on the creditor’s claim in the course of administration if the claim had been properly filed.(3) Within 16 months after letters were first issued to a general personal representative, the creditor did both of the following:(A) Filed a petition requesting that the court in which the estate was administered make an order determining the liability of the personal representative under this subdivision. (B) At least 30 days before the hearing on the petition, caused notice of the hearing and a copy of the petition to be served on the personal representative in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. (c) Nothing in this section affects the liability of the estate, if any, for the claim of a creditor, and the personal representative is not liable for the claim to the extent it is paid out of the estate or could be paid out of the estate pursuant to Section 9103. (d) A personal representative has a duty to make reasonably diligent efforts to identify reasonably ascertainable creditors of the decedent.(Amended by Stats. 1999, Ch. 263, Sec. 4. Effective January 1, 2000.)
CA Prob Code § 9054 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 2 - Notice to Creditors|Section 9054.

9054.  Notwithstanding Section 9050, the personal representative need not give notice to a creditor even though the personal representative has knowledge of the creditor if any of the following conditions is satisfied:(a) The creditor has filed a claim as provided in this part.(b) The creditor has demanded payment and the personal representative elects to treat the demand as a claim under Section 9154.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9100 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 3 - Time for Filing Claims|Section 9100.

9100.  (a) A creditor shall file a claim before expiration of the later of the following times:(1) Four months after the date letters are first issued to a general personal representative.(2) Sixty days after the date notice of administration is mailed or personally delivered to the creditor. Nothing in this paragraph extends the time provided in Section 366.2 of the Code of Civil Procedure.(b) A reference in another statute to the time for filing a claim means the time provided in paragraph (1) of subdivision (a).(c) Nothing in this section shall be interpreted to extend or toll any other statute of limitations or to revive a claim that is barred by any statute of limitations. The reference in this subdivision to a “statute of limitations” includes Section 366.2 of the Code of Civil Procedure.(Amended by Stats. 2007, Ch. 159, Sec. 2. Effective January 1, 2008.)
CA Prob Code § 9101 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 3 - Time for Filing Claims|Section 9101.

9101.  A vacancy in the office of the personal representative that occurs before expiration of the time for filing a claim does not extend the time.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 9102 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 4 - CREDITOR CLAIMS|CHAPTER 3 - Time for Filing Claims|Section 9102.

9102.  A claim that is filed before expiration of the time for filing the claim is timely even if acted on by the personal representative or by the court after expiration of the time for filing claims.(Amended by Stats. 2007, Ch. 159, Sec. 3. Effective January 1, 2008.)