reglab/housing_qa huggingface dataset:
CA Prob Code § 8543 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 8 - Special Administrators|Section 8543.

8543.  Subject to subdivision (b) of Section 8481, the court shall direct that no bond be given in either of the following cases:(a) The will waives the requirement of a bond and the person named as executor in the will is appointed special administrator.(b) All beneficiaries waive in writing the requirement of a bond and the written waivers are attached to the petition for appointment of the special administrator. This paragraph does not apply if the will requires a bond.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8544 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 8 - Special Administrators|Section 8544.

8544.  (a) Except to the extent the order appointing a special administrator prescribes terms, the special administrator has the power to do all of the following without further order of the court:(1) Take possession of all of the real and personal property of the estate of the decedent and preserve it from damage, waste, and injury.(2) Collect all claims, rents, and other income belonging to the estate.(3) Commence and maintain or defend suits and other legal proceedings.(4) Sell perishable property.(b) Except to the extent the order prescribes terms, the special administrator has the power to do all of the following on order of the court:(1) Borrow money, or lease, mortgage, or execute a deed of trust on real property, in the same manner as an administrator.(2) Pay the interest due or all or any part of an obligation secured by a mortgage, lien, or deed of trust on property in the estate, where there is danger that the holder of the security may enforce or foreclose on the obligation and the property exceeds in value the amount of the obligation. This power may be ordered only on petition of the special administrator or any interested person, with any notice that the court deems proper, and shall remain in effect until appointment of a successor personal representative. The order may also direct that interest not yet accrued be paid as it becomes due, and the order shall remain in effect and cover the future interest unless and until for good cause set aside or modified by the court in the same manner as for the original order.(3) Exercise other powers that are conferred by order of the court.(c) Except where the powers, duties, and obligations of a general personal representative are granted under Section 8545, the special administrator is not a proper party to an action on a claim against the decedent.(d) A special administrator appointed to perform a particular act has no duty to take any other action to protect the estate.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8545 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 8 - Special Administrators|Section 8545.

8545.  (a) Notwithstanding Section 8544, the court may grant a special administrator the same powers, duties, and obligations as a general personal representative where to do so appears proper. Notwithstanding Section 8541, if letters have not previously been issued to a general personal representative, the grant shall be on the same notice required under Section 8003 for appointment of a personal representative, unless the appointment is made at a hearing on a petition for appointment of a general personal representative and the notice of that petition required under Section 8003 has been given.(b) Subject to Section 8543, the court may require as a condition of the grant that the special administrator give any additional bond that the court deems proper. From the time of approving and filing any required additional bond, the special administrator shall have the powers, duties, and obligations of a general personal representative.(c) If a grant is made under this section, the letters shall recite that the special administrator has the powers, duties, and obligations of a general personal representative.(Amended by Stats. 1994, Ch. 806, Sec. 28. Effective January 1, 1995.)
CA Prob Code § 8546 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 8 - Special Administrators|Section 8546.

8546.  (a) The powers of a special administrator cease on issuance of letters to a general personal representative or as otherwise directed by the court.(b) The special administrator shall promptly deliver to the general personal representative:(1) All property of the estate in the possession of the special administrator. The court may authorize the special administrator to complete a sale or other transaction affecting property in the possession of the special administrator. (2) A list of all creditor claims of which the special administrator has knowledge. The list shall show the name and address of each creditor, the amount of the claim, and what action has been taken with respect to the claim. A copy of the list shall be filed in the court.(c) The special administrator shall account in the same manner as a general personal representative is required to account. If the same person acts as both special administrator and general personal representative, the account of the special administrator may be combined with the first account of the general personal representative.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8547 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 2 - OPENING ESTATE ADMINISTRATION|CHAPTER 4 - Appointment of Personal Representative|ARTICLE 8 - Special Administrators|Section 8547.

8547.  (a) Subject to the limitations of this section, the court shall fix the compensation of the special administrator and the compensation of the attorney of the special administrator.(b) The compensation of the special administrator shall not be allowed until the close of administration, unless the general personal representative joins in the petition for allowance of the special administrator’s compensation or the court in its discretion so allows. Compensation for extraordinary services of a special administrator may be allowed on settlement of the final account of the special administrator. The total compensation paid to the special administrator and general personal representative shall not, together, exceed the sums provided in Part 7 (commencing with Section 10800) for compensation for the ordinary and extraordinary services of a personal representative. If the same person does not act as both special administrator and general personal representative, the compensation shall be divided in such proportions as the court determines to be just or as may be agreed to by the special administrator and general personal representative.(c) The total compensation paid to the attorneys both of the special administrator and the general personal representative shall not, together, exceed the sums provided in Part 7 (commencing with Section 10800) as compensation for the ordinary and extraordinary services of attorneys for personal representatives. When the same attorney does not act for both the special administrator and general personal representative, the compensation shall be divided between the attorneys in such proportions as the court determines to be just or as agreed to by the attorneys.(d) Compensation of an attorney for extraordinary services to a special administrator may be awarded in the same manner and subject to the same standards as for extraordinary services to a general personal representative, except that the award of compensation to the attorney may be made on settlement of the final account of the special administrator.(Amended by Stats. 1990, Ch. 710, Sec. 22. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
CA Prob Code § 8570 (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 9 - Nonresident Personal Representative|Section 8570.

8570.  As used in this article, “nonresident personal representative” means a nonresident of this state appointed as personal representative, or a resident of this state appointed as personal representative who later removes from and resides without this state.(Amended by Stats. 1991, Ch. 1055, Sec. 22.)
CA Prob Code § 8571 (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 9 - Nonresident Personal Representative|Section 8571.

8571.  Notwithstanding any other provision of this chapter and notwithstanding a waiver of a bond, the court in its discretion may require a nonresident personal representative to give a bond in an amount determined by the court.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8572 (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 9 - Nonresident Personal Representative|Section 8572.

8572.  (a) Acceptance of appointment by a nonresident personal representative is equivalent to and constitutes an irrevocable and binding appointment by the nonresident personal representative of the Secretary of State to be the attorney of the personal representative for the purpose of this article. The appointment of the nonresident personal representative also applies to any personal representative of a deceased nonresident personal representative.(b) All lawful processes, and notices of motion under Section 377.41 of the Code of Civil Procedure, in an action or proceeding against the nonresident personal representative with respect to the estate or founded on or arising out of the acts or omissions of the nonresident personal representative in that capacity may be served on the Secretary of State as the attorney for service of the nonresident personal representative.(Amended by Stats. 1993, Ch. 589, Sec. 129. Effective January 1, 1994.)
CA Prob Code § 8573 (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 9 - Nonresident Personal Representative|Section 8573.

8573.  A nonresident personal representative shall sign and file with the court a statement of the permanent address of the nonresident personal representative. If the permanent address is changed, the nonresident personal representative shall promptly file in the same manner a statement of the change of address.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8574 (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 9 - Nonresident Personal Representative|Section 8574.

8574.  (a) Service of process or notice of a motion under Section 377.41 of the Code of Civil Procedure in any action or proceeding against the nonresident personal representative shall be made by delivering to and leaving with the Secretary of State two copies of the summons and complaint or notice of motion and either of the following:(1) A copy of the statement by the nonresident personal representative under Section 8573.(2) If the nonresident personal representative has not filed a statement under Section 8573, a copy of the letters issued to the nonresident personal representative together with a written statement signed by the party or attorney of the party seeking service that sets forth an address for use by the Secretary of State.(b) The Secretary of State shall promptly mail by registered mail one copy of the summons and complaint or notice of motion to the nonresident personal representative at the address shown on the statement delivered to the Secretary of State.(c) Personal service of process, or notice of motion, on the nonresident personal representative wherever found shall be the equivalent of service as provided in this section.(Amended by Stats. 1993, Ch. 589, Sec. 130. Effective January 1, 1994.)
CA Prob Code § 8575 (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 9 - Nonresident Personal Representative|Section 8575.

8575.  Proof of compliance with Section 8574 shall be made in the following manner:(a) In the event of service by mail, by certificate of the Secretary of State, under official seal, showing the mailing. The certificate shall be filed with the court from which process issued. (b) In the event of personal service outside this state, by the return of any duly constituted public officer qualified to serve like process, or notice of motion, of and in the jurisdiction where the nonresident personal representative is found, showing the service to have been made. The return shall be attached to the original summons, or notice of motion, and filed with the court from which process issued.(Amended by Stats. 1991, Ch. 1055, Sec. 23.)
CA Prob Code § 8576 (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 9 - Nonresident Personal Representative|Section 8576.

8576.  (a) Except as provided in this section, service made under Section 8574 has the same legal force and validity as if made personally in this state.(b) A nonresident personal representative served under Section 8574 may appear and answer the complaint within 30 days from the date of service.(c) Notice of motion shall be served on a nonresident personal representative under Section 8574 not less than 30 days before the date of the hearing on the motion.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8577 (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 9 - Nonresident Personal Representative|Section 8577.

8577.  (a) Failure of a nonresident personal representative to comply with Section 8573 is cause for removal from office.(b) Nothing in this section limits the liability of, or the availability of any other remedy against, a nonresident personal representative who is removed from office under this section.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8850 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 2 - Inventory|ARTICLE 1 - General Provisions|Section 8850.

8850.  (a) The inventory, including partial and supplemental inventories, shall include all property to be administered in the decedent’s estate.(b) The inventory shall particularly specify the following property:(1) Money owed to the decedent, including debts, bonds, and notes, with the name of each debtor, the date, the sum originally payable, and the endorsements, if any, with their dates. The inventory shall also specify security for the payment of money to the decedent, including mortgages and deeds of trust. If security for the payment of money is real property, the inventory shall include the recording reference or, if not recorded, a legal description of the real property. (2) A statement of the interest of the decedent in a partnership, appraised as a single item.(3) All money and other cash items, as defined in Section 8901, of the decedent.(c) The inventory shall show, to the extent ascertainable by the personal representative, the portions of the property that are community, quasi-community, and separate property of the decedent.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8851 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 2 - Inventory|ARTICLE 1 - General Provisions|Section 8851.

8851.  The discharge or devise in a will of any debt or demand of the testator against the executor or any other person is not valid against creditors of the testator, but is a specific devise of the debt or demand. The debt or demand shall be included in the inventory. If necessary, the debt or demand shall be applied in the payment of the debts of the testator. If not necessary for that purpose, the debt or demand shall be distributed in the same manner and proportion as other specific devises.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8852 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 2 - Inventory|ARTICLE 1 - General Provisions|Section 8852.

8852.  (a) The personal representative shall take and subscribe an oath that the inventory contains a true statement of the property to be administered in the decedent’s estate of which the personal representative has knowledge, and particularly of money of the decedent and debts or demands of the decedent against the personal representative. The oath shall be endorsed upon or attached to the inventory.(b) If there is more than one personal representative, each shall take and subscribe the oath. If the personal representatives are unable to agree as to property to be included in the inventory, any personal representative may petition for a court order determining whether the property is to be administered in the decedent’s estate. The determination shall be made pursuant to the procedure provided in Part 19 (commencing with Section 850) of Division 2 or, if there is an issue of property belonging or passing to the surviving spouse, pursuant to Chapter 5 (commencing with Section 13650) of Part 2 of Division 8.(Amended by Stats. 2003, Ch. 32, Sec. 7. Effective January 1, 2004.)
CA Prob Code § 8870 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 2 - Inventory|ARTICLE 2 - Discovery of Property of Decedent|Section 8870.

8870.  (a) On petition by the personal representative or an interested person, the court may order that a citation be issued to a person to answer interrogatories, or to appear before the court and be examined under oath, or both, concerning any of the following allegations:(1) The person has wrongfully taken, concealed, or disposed of property in the estate of the decedent.(2) The person has knowledge or possession of any of the following:(A) A deed, conveyance, bond, contract, or other writing that contains evidence of or tends to disclose the right, title, interest, or claim of the decedent to property.(B) A claim of the decedent.(C) A lost will of the decedent.(b) If the person does not reside in the county in which the estate is being administered, the superior court either of the county in which the person resides or of the county in which the estate is being administered may issue a citation under this section.(c) Disobedience of a citation issued pursuant to this section may be punished as a contempt of the court issuing the citation.(d) Notice to the personal representative of a proceeding under subdivision (a) shall be given for the period and in the manner provided in Section 1220. Other persons requesting notice of the hearing pursuant to Section 1250 shall be notified by the person filing the petition as set forth in Section 1252.(Amended by Stats. 1996, Ch. 563, Sec. 23. Effective January 1, 1997.)
CA Prob Code § 8871 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 2 - Inventory|ARTICLE 2 - Discovery of Property of Decedent|Section 8871.

8871.  Interrogatories may be put to a person cited to answer interrogatories pursuant to Section 8870. The interrogatories and answers shall be in writing. The answers shall be signed under penalty of perjury by the person cited. The interrogatories and answers shall be filed with the court.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8872 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 2 - Inventory|ARTICLE 2 - Discovery of Property of Decedent|Section 8872.

8872.  (a) At an examination witnesses may be produced and examined on either side.(b) If upon the examination it appears that the allegations of the petition are true, the court may order the person to disclose the person’s knowledge of the facts to the personal representative.(c) If upon the examination it appears that the allegations of the petition are not true, the person’s necessary expenses, including a reasonable attorney’s fee, shall be charged against the petitioner or allowed out of the estate, in the discretion of the court.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8873 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 3 - INVENTORY AND APPRAISAL|CHAPTER 2 - Inventory|ARTICLE 2 - Discovery of Property of Decedent|Section 8873.

8873.  (a) On petition by the personal representative, the court may issue a citation to a person who has possession or control of property in the decedent’s estate to appear before the court and make an account under oath of the property and the person’s actions with respect to the property.(b) Disobedience of a citation issued pursuant to this section may be punished as a contempt of the court issuing the citation.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8900 (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 8900.

8900.  The appraisal of property in the inventory shall be made by the personal representative, probate referee, or independent expert as provided in this chapter.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 8901 (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 8901.

8901.  The personal representative shall appraise the following property, excluding items whose fair market value is, in the opinion of the personal representative, an amount different from the face value of the property:(a) Money and other cash items. As used in this subdivision, a “cash item” is a check, draft, money order, or similar instrument issued on or before the date of the decedent’s death that can be immediately converted to cash.(b) The following checks issued after the date of the decedent’s death:(1) Checks for wages earned before death.(2) Refund checks, including tax and utility refunds, and Medicare, medical insurance, and other health care reimbursements and payments.(c) Accounts (as defined in Section 21) in financial institutions.(d) Cash deposits and money market mutual funds, as defined in subdivision (b) of Section 9730, whether in a financial institution or otherwise, including a brokerage cash account. All other mutual funds, stocks, bonds, and other securities shall be appraised pursuant to Sections 8902 to 8909, inclusive.(e) Proceeds of life and accident insurance policies and retirement plans and annuities payable on death in lump sum amounts.(Amended by Stats. 1994, Ch. 806, Sec. 30. Effective January 1, 1995.)