reglab/housing_qa huggingface dataset:
CA Prob Code § 330 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 10 - IMMEDIATE STEPS CONCERNING DECEDENT'S TANGIBLE PERSONAL PROPERTY AND SAFE DEPOSIT BOX|Section 330.

330.  (a) Except as provided in subdivision (b), a public administrator, government official, law enforcement agency, the hospital or institution in which a decedent died, or the decedent’s employer, may, without the need to wait 40 days after death, deliver the tangible personal property of the decedent in its possession, including keys to the decedent’s residence, to the decedent’s surviving spouse, relative, or conservator or guardian of the estate acting in that capacity at the time of death.(b) A person shall not deliver property pursuant to this section if the person knows or has reason to believe that there is a dispute over the right to possession of the property.(c) A person that delivers property pursuant to this section shall require reasonable proof of the status and identity of the person to whom the property is delivered, and may rely on any document described in subdivision (d) of Section 13104 as proof of identity.(d) A person that delivers property pursuant to this section shall, for a period of three years after the date of delivery of the property, keep a record of the property delivered and the status and identity of the person to whom the property is delivered.(e) Delivery of property pursuant to this section does not determine ownership of the property or confer any greater rights in the property than the recipient would otherwise have and does not preclude later proceedings for administration of the decedent’s estate. If proceedings for administration of the decedent’s estate are commenced, the person holding the property shall deliver it to the personal representative on request by the personal representative.(f) A person that delivers property pursuant to this section is not liable for loss or damage to the property caused by the person to whom the property is delivered.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 331 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 10 - IMMEDIATE STEPS CONCERNING DECEDENT'S TANGIBLE PERSONAL PROPERTY AND SAFE DEPOSIT BOX|Section 331.

331.  (a) This section applies only to a safe deposit box in a financial institution held by the decedent in the decedent’s sole name, or held by the decedent and others where all are deceased. Nothing in this section affects the rights of a surviving coholder.(b) A person who has a key to the safe deposit box may, before letters have been issued, obtain access to the safe deposit box only for the purposes specified in this section by providing the financial institution with both of the following:(1) Proof of the decedent’s death. Proof shall be provided by a certified copy of the decedent’s death certificate or by a written statement of death from the coroner, treating physician, or hospital or institution where the decedent died.(2) Reasonable proof of the identity of the person seeking access. Reasonable proof of identity is provided for the purpose of this paragraph if the requirements of Section 13104 are satisfied.(c) The financial institution has no duty to inquire into the truth of any statement, declaration, certificate, affidavit, or document offered as proof of the decedent’s death or proof of identity of the person seeking access.(d) If the person seeking access has satisfied the requirements of subdivision (b), the financial institution shall do all of the following:(1) Keep a record of the identity of the person.(2) Permit the person to open the safe deposit box under the supervision of an officer or employee of the financial institution, and to make an inventory of its contents.(3) Make a photocopy of all wills and trust instruments removed from the safe deposit box, and keep the photocopy in the safe deposit box until the contents of the box are removed by the personal representative of the estate or other legally authorized person. The financial institution may charge the person given access a reasonable fee for photocopying.(4) Permit the person given access to remove instructions for the disposition of the decedent’s remains, and, after a photocopy is made, to remove the wills and trust instruments.(e) The person given access shall deliver all wills found in the safe deposit box to the clerk of the superior court and deliver a copy pursuant to Section 1215 to the person named in the will as executor or beneficiary as provided in Section 8200.(f) Except as provided in subdivision (d), the person given access shall not remove any of the contents of the decedent’s safe deposit box.(Amended by Stats. 2017, Ch. 319, Sec. 6. (AB 976) Effective January 1, 2018.)
CA Prob Code § 800 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 16 - JURISDICTION|Section 800.

800.  The court in proceedings under this code is a court of general jurisdiction and the court, or a judge of the court, has the same power and authority with respect to the proceedings as otherwise provided by law for a superior court, or a judge of the superior court, including, but not limited to, the matters authorized by Section 128 of the Code of Civil Procedure.(Added by Stats. 1994, Ch. 806, Sec. 4. Effective January 1, 1995.)
CA Prob Code § 801 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 16 - JURISDICTION|Section 801.

801.  The court, on its own motion or on the motion of any interested party, may order that an action or proceeding not specifically provided in this code be determined in a separate civil action. Upon the payment of the appropriate filing fees, the court may order transfer of the severed action or proceeding to the separate civil action.(Added by Stats. 1996, Ch. 862, Sec. 2. Effective January 1, 1997.)
CA Prob Code § 810 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 17 - LEGAL MENTAL CAPACITY|Section 810.

810.  The Legislature finds and declares the following:(a) For purposes of this part, there shall exist a rebuttable presumption affecting the burden of proof that all persons have the capacity to make decisions and to be responsible for their acts or decisions.(b) A person who has a mental or physical disorder may still be capable of contracting, conveying, marrying, making medical decisions, executing wills or trusts, and performing other actions.(c) A judicial determination that a person is totally without understanding, or is of unsound mind, or suffers from one or more mental deficits so substantial that, under the circumstances, the person should be deemed to lack the legal capacity to perform a specific act, should be based on evidence of a deficit in one or more of the person’s mental functions rather than on a diagnosis of a person’s mental or physical disorder.(Amended by Stats. 1998, Ch. 581, Sec. 19. Effective January 1, 1999.)
CA Prob Code § 812 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 17 - LEGAL MENTAL CAPACITY|Section 812.

812.  Except where otherwise provided by law, including, but not limited to, Section 813 and the statutory and decisional law of testamentary capacity, a person lacks the capacity to make a decision unless the person has the ability to communicate verbally, or by any other means, the decision, and to understand and appreciate, to the extent relevant, all of the following:(a) The rights, duties, and responsibilities created by, or affected by the decision.(b) The probable consequences for the decisionmaker and, where appropriate, the persons affected by the decision.(c) The significant risks, benefits, and reasonable alternatives involved in the decision.(Repealed and added by Stats. 1996, Ch. 178, Sec. 5. Effective January 1, 1997.)
CA Prob Code § 813 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 17 - LEGAL MENTAL CAPACITY|Section 813.

813.  (a) For purposes of a judicial determination, a person has the capacity to give informed consent to a proposed medical treatment if the person is able to do all of the following:(1) Respond knowingly and intelligently to queries about that medical treatment.(2) Participate in that treatment decision by means of a rational thought process.(3) Understand all of the following items of minimum basic medical treatment information with respect to that treatment:(A) The nature and seriousness of the illness, disorder, or defect that the person has.(B) The nature of the medical treatment that is being recommended by the person’s health care providers.(C) The probable degree and duration of any benefits and risks of any medical intervention that is being recommended by the person’s health care providers, and the consequences of lack of treatment.(D) The nature, risks, and benefits of any reasonable alternatives.(b) A person who has the capacity to give informed consent to a proposed medical treatment also has the capacity to refuse consent to that treatment.(Amended by Stats. 1996, Ch. 178, Sec. 6. Effective January 1, 1997.)
CA Prob Code § 825 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 18 - RIGHT TO TRIAL|Section 825.

825.  Except as otherwise expressly provided in this code, there is no right to a jury trial in proceedings under this code.(Added by Stats. 1999, Ch. 175, Sec. 1. Effective January 1, 2000.)
CA Prob Code § 850 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON|Section 850.

850.  (a) The following persons may file a petition requesting that the court make an order under this part:(1) A guardian, conservator, or any claimant, in the following cases:(A) Where the conservatee is bound by a contract in writing to convey real property or to transfer personal property, executed by the conservatee while competent or executed by the conservatee’s predecessor in interest, and the contract is one that can be specifically enforced.(B) Where the minor has succeeded to the interest of a person bound by a contract in writing to convey real property or to transfer personal property, and the contract is one that can be specifically enforced.(C) Where the guardian or conservator or the minor or conservatee is in possession of, or holds title to, real or personal property, and the property or some interest therein is claimed to belong to another.(D) Where the minor or conservatee has a claim to real or personal property title to or possession of which is held by another.(2) The personal representative or any interested person in any of the following cases:(A) Where the decedent while living is bound by a contract in writing to convey real property or to transfer personal property and dies before making the conveyance or transfer and the decedent, if living, could have been compelled to make the conveyance or transfer.(B) Where the decedent while living binds himself or herself or his or her personal representative by a contract in writing to convey real property or to transfer personal property upon or after his or her death and the contract is one which can be specifically enforced.(C)Where the decedent died in possession of, or holding title to, real or personal property, and the property or some interest therein is claimed to belong to another.(D) Where the decedent died having a claim to real or personal property, title to or possession of which is held by another.(3) The trustee or any interested person in any of the following cases:(A) Where the trustee is in possession of, or holds title to, real or personal property, and the property, or some interest, is claimed to belong to another.(B) Where the trustee has a claim to real or personal property, title to or possession of which is held by another.(C) Where the property of the trust is claimed to be subject to a creditor of the settlor of the trust.(b) The petition shall set forth facts upon which the claim is based.(Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
CA Prob Code § 851 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON|Section 851.

851.  (a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on all of the following persons where applicable:(1) The personal representative, conservator, guardian, or trustee as appropriate.(2) Each person claiming an interest in, or having title to or possession of, the property.(b) Except for those persons given notice pursuant to subdivision (a), notice of the hearing, together with a copy of the petition, shall be given as provided in Section 1220 if the matter concerns a decedent estate, as provided in Section 1460 if the matter concerns a conservatorship or guardianship, or as provided in Section 17203 if the matter concerns a trust to all of the following persons:(1) Each person listed in Section 1220 along with any heir or devisee whose interest in the property may be affected by the petition if the matter concerns a decedent estate.(2) Each person listed in Section 1460 if the matter concerns a conservatorship or guardianship.(3) Each person listed in Section 17203 if the matter concerns a trust.(c) A notice of hearing shall contain all of the following:(1) A description of the subject property sufficient to provide adequate notice to any party who may have an interest in the property. For real property, the notice shall state the street address or, if none, a description of the property’s location and assessor’s parcel number.(2) If the petition seeks relief pursuant to Section 859, a description of the relief sought sufficient to provide adequate notice to the party against whom that relief is requested.(3) A statement advising any person interested in the property that he or she may file a response to the petition.(d) The court may not shorten the time for giving the notice of hearing under this section.(Amended by Stats. 2017, Ch. 32, Sec. 1. (AB 308) Effective January 1, 2018.)
CA Prob Code § 851.1 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON|Section 851.1.

851.1.  A petitioner in a proceeding under Section 850 may commence discovery upon any person who receives notice of the hearing pursuant to subdivision (a) of Section 851 in accordance with the same time periods set forth in the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure), except that the time periods shall commence to run upon service of the petition and notice of hearing. Nothing in this section shall alter when a respondent in such a proceeding may commence discovery.(Added by Stats. 2017, Ch. 32, Sec. 2. (AB 308) Effective January 1, 2018.)
CA Prob Code § 852 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON|Section 852.

852.  An interested person may request time for filing a response to the petition for discovery proceedings, or for other preparation for the hearing, and the court shall grant a continuance for a reasonable time for any of these purposes.(Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
CA Prob Code § 853 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON|Section 853.

853.  A person having or claiming title to or an interest in the property which is the subject of the petition may, at or prior to the hearing, object to the hearing of the petition if the petition is filed in a court which is not the proper court under any other provision of law for the trial of a civil action seeking the same relief and, if the objection is established, the court shall not grant the petition.(Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
CA Prob Code § 854 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON|Section 854.

854.  If a civil action is pending with respect to the subject matter of a petition filed pursuant to this chapter and jurisdiction has been obtained in the court where the civil action is pending prior to the filing of the petition, upon request of any party to the civil action, the court shall abate the petition until the conclusion of the civil action. This section shall not apply if the court finds that the civil action was filed for the purpose of delay.(Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
CA Prob Code § 855 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON|Section 855.

855.  An action brought under this part may include claims, causes of action, or matters that are normally raised in a civil action to the extent that the matters are related factually to the subject matter of a petition filed under this part.(Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
CA Prob Code § 856 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON|Section 856.

856.  Except as provided in Sections 853 and 854, if the court is satisfied that a conveyance, transfer, or other order should be made, the court shall make an order authorizing and directing the personal representative or other fiduciary, or the person having title to or possession of the property, to execute a conveyance or transfer to the person entitled thereto, or granting other appropriate relief.(Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
CA Prob Code § 856.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON|Section 856.5.

856.5.  The court may not grant a petition under this chapter if the court determines that the matter should be determined by a civil action.(Added by Stats. 2001, Ch. 417, Sec. 3. Effective January 1, 2002.)
CA Prob Code § 857 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON|Section 857.

857.  (a) The order is prima facie evidence of the correctness of the proceedings and of the authority of the personal representative or other fiduciary or other person to make the conveyance or transfer.(b) After entry of an order that the personal representative, other fiduciary, or other person execute a conveyance or transfer, the person entitled thereunder has the right to the possession of the property, and the right to hold the property, according to the terms of the order as if the property had been conveyed or transferred in accordance with the terms of the order.(Added by Stats. 2001, Ch. 49, Sec. 1. Effective January 1, 2002.)
CA Prob Code § 858 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON|Section 858.

858.  If a proceeding has been brought under this part by a conservator on behalf of a conservatee, or by a guardian on behalf of a minor, and the conservatee or minor dies during the pendency of the proceeding, the personal representative of the conservatee or minor’s estate or other successor in interest may proceed with the matter and the existing proceeding shall not be dismissed on account of the death of the conservatee or minor.(Amended by Stats. 2004, Ch. 183, Sec. 278. Effective January 1, 2005.)
CA Prob Code § 859 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 19 - CONVEYANCE OR TRANSFER OF PROPERTY CLAIMED TO BELONG TO DECEDENT OR OTHER PERSON|Section 859.

859.  If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to a conservatee, a minor, an elder, a dependent adult, a trust, or the estate of a decedent, or has taken, concealed, or disposed of the property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action under this part. In addition, except as otherwise required by law, including Section 15657.5 of the Welfare and Institutions Code, the person may, in the court’s discretion, be liable for reasonable attorney’s fees and costs. The remedies provided in this section shall be in addition to any other remedies available in law to a person authorized to bring an action pursuant to this part.(Amended by Stats. 2013, Ch. 99, Sec. 1. (AB 381) Effective January 1, 2014.)
CA Prob Code § 870 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act|Section 870.

870.  This part shall be known, and may be cited, as the Revised Uniform Fiduciary Access to Digital Assets Act.(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
CA Prob Code § 872 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act|Section 872.

872.  (a) This part shall apply to any of the following:(1) A fiduciary acting under a will executed before, on, or after January 1, 2017.(2) A personal representative acting for a decedent who died before, on, or after January 1, 2017.(3) A trustee acting under a trust created before, on, or after January 1, 2017. (4) A custodian of digital assets for a user if the user resides in this state or resided in this state at the time of the user’s death.(b) This part shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
CA Prob Code § 873 (2021)
2021 California Code|Probate Code - PROB|DIVISION 2 - GENERAL PROVISIONS|PART 20 - Revised Uniform Fiduciary Access to Digital Assets Act|Section 873.

873.  (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.(b) If a user has not used an online tool to give direction under subdivision (a) or if a custodian has not provided an online tool, a user may allow or prohibit in a will, trust, power of attorney, or other record the disclosure to a fiduciary of some or all of the user’s digital assets, including the contents of electronic communications sent or received by the user.(c) A user’s direction under subdivision (a) or (b) overrides a contrary provision in a terms-of-service agreement.(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)