reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 5 - Deposit with County Treasurer › Section 11852.

11852. The county treasurer shall give a receipt for a deposit made under this chapter and is liable on the official bond of the county treasurer for the money deposited. The receipt has the same effect as if executed by the distributee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 5 - Deposit with County Treasurer › Section 11853.

11853. If money is deposited or is already on deposit with the county treasurer, the personal representative shall deliver to the county treasurer a certified copy of the order for distribution.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 5 - Deposit with County Treasurer › Section 11854.

11854. (a) A person may claim money on deposit in the county treasury by filing a petition with the court that made the order for distribution. The petition shall show the person’s claim or right to the property. Unless the petition is filed by the person named in the decree for distribution of a decedent’s estate, or the legal representative of the person or the person’s estate, the petition shall state the facts required to be stated in a petition for escheated property filed under Section 1355 of the Code of Civil Procedure. On the filing of the petition, the same proceedings shall be had as are required by that section, except that the hearing shall be ex parte unless the court orders otherwise.
(b) If so ordered by the court, a copy of the petition shall be served on the Attorney General. The Attorney General may answer the petition, at the Attorney General’s discretion.
(c) If the court is satisfied that the claimant has a right to the property claimed, the court shall make an order establishing the right. On presentation of a certified copy of the order, the county auditor shall draw a warrant on the county treasurer for the amount of money covered by the order.
(d) A claim for money distributed in the estate of a deceased person made after the deposit of the property in the State Treasury is governed by the provisions of Chapter 3 (commencing with Section 1335) of Title 10 of Part 3 of the Code of Civil Procedure.
(Amended by Stats. 1994, Ch. 806, Sec. 35. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 6 - Distribution to State › Section 11900.

11900. (a) The court shall order property that is not ordered distributed to known beneficiaries to be distributed to the state.
(b) Insofar as practicable, any real property or tangible personal property shall be converted to money before distribution to the state.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 6 - Distribution to State › Section 11901.

11901. If the court orders distribution of property in the decedent’s estate to the state, and the order includes words that otherwise create a trust in favor of unknown or unidentified persons as a class, the distribution shall vest in the state both legal and equitable title to the property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 6 - Distribution to State › Section 11902.

11902. (a) If the court orders distribution to the state, the personal representative shall promptly:
(1) Deliver any money to the State Treasurer.
(2) Deliver any personal property other than money to the Controller for deposit in the State Treasury.
(3) Cause a certified copy of the order to be recorded in the office of the county recorder of each county in which any real property is located.
(b) At the time of making a delivery of property or recordation under this section, the personal representative shall deliver to the Controller a certified copy of the order for distribution together with a statement of the date and place of each recording and other appropriate recording information.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 6 - Distribution to State › Section 11903.

11903. (a) Property distributed to the state shall be held by the Treasurer for a period of five years from the date of the order for distribution, within which time any person may claim the property in the manner provided by Title 10 (commencing with Section 1300) of Part 3 of the Code of Civil Procedure.
(b) A person who does not claim the property within the time prescribed in this section is forever barred, and the property vests absolutely in the state, subject to the provisions of Title 10 (commencing with Section 1300) of Part 3 of the Code of Civil Procedure.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 6 - Distribution to State › Section 11904.

11904. No deposit of property in an estate shall be made in the county treasury by a personal representative if any other property in the estate is to be or has been distributed to the state under this chapter, but the property that would otherwise be deposited in the county treasury shall be transmitted promptly to the State Treasurer or Controller as provided in this chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 7 - Partition or Allotment of Property › Section 11950.

11950. (a) If two or more beneficiaries are entitled to the distribution of undivided interests in property and have not agreed among themselves to a partition, allotment, or other division of the property, any of them, or the personal representative at the request of any of them, may petition the court to make a partition, allotment, or other division of the property that will be equitable and will avoid the distribution of undivided interests.
(b) A proceeding under this chapter is limited to interests in the property that are subject to administration and does not include other interests except to the extent the owners of other interests in the property consent to be bound by the partition, allotment, or other division.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 7 - Partition or Allotment of Property › Section 11951.

11951. (a) A petition under this chapter may be filed at any time before an order for distribution of the affected property becomes final.
(b) The petition shall:
(1) Describe the property.
(2) State the names of the persons having or claiming undivided interests.
(3) Describe the undivided interests, so far as known to the petitioner.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 7 - Partition or Allotment of Property › Section 11952.

11952. (a) Notice of the hearing on the petition shall be given as provided in Section 1220 to the personal representative and to the persons entitled to distribution of the undivided interests.
(b) At the hearing the persons entitled to distribution of the undivided interests shall be considered the parties to the proceeding whether or not they have appeared or filed a responsive pleading. No one shall be considered as a plaintiff or as a defendant.
(c) Any objection to the jurisdiction of the court shall be made and resolved in the manner prescribed in Part 19 (commencing with Section 850) of Division 2.
(Amended by Stats. 2003, Ch. 32, Sec. 12. Effective January 1, 2004.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 7 - Partition or Allotment of Property › Section 11953.

11953. (a) The court shall partition, allot, or otherwise divide the property so that each party receives property with a value proportionate to the value of the party’s interest in the whole.
(b) The court may direct the personal representative to sell property where, under the circumstances, sale would be more equitable than partition and where the property cannot conveniently be allotted to any one party. The sale shall be conducted in the same manner as other sales made during administration of an estate.
(c) Any two or more parties may agree to accept undivided interests.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 7 - Partition or Allotment of Property › Section 11954.

11954. (a) The court, in its discretion, may appoint one or three referees to partition property capable of being partitioned, if requested to do so by a party. The number of referees appointed must conform to the request of at least one of the parties.
(b) The referees shall have the powers and perform the duties of referees in, and the court shall have the same powers with respect to their report as in, partition actions under Title 10.5 (commencing with Section 872.010) of Part 2 of the Code of Civil Procedure.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 7 - Partition or Allotment of Property › Section 11955.

11955. The expenses of partition shall be equitably apportioned by the court among the parties, but each party must pay the party’s own attorney’s fees. The amount charged to each party shall be included and specified in the order and, to the extent unpaid, constitutes a lien on the property allotted to the party.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 7 - Partition or Allotment of Property › Section 11956.

11956. (a) The partition, allotment, or other division made by the court shall control in proceedings for distribution, unless modified for good cause on reasonable notice.
(b) The proceedings leading to the partition, allotment, or other division may be reviewed on appeal from the order for distribution.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 8 - Interest and Income Accruing During Administration › Section 12000.

12000. The provisions of this chapter apply where the intention of the testator is not otherwise indicated by the will.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 8 - Interest and Income Accruing During Administration › Section 12001.

12001. If interest is payable under this chapter, the rate of interest is three percentage points less than the legal rate on judgments in effect one year after the date of the testator’s death and shall not be recomputed in the event of a change in the applicable rate thereafter.
(Amended by Stats. 1992, Ch. 871, Sec. 14. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 8 - Interest and Income Accruing During Administration › Section 12002.

12002. (a) Except as provided in this section, a specific devise does not bear interest.
(b) A specific devise carries with it income on the devised property from the date of death, less expenses attributable to the devised property during administration of the estate. For purposes of this section, expenses attributable to property are expenses that result directly from the use or ownership of the property, including property tax and tax on the income from the property, but excluding estate and generation-skipping transfer taxes.
(c) If income of specifically devised property is not sufficient to pay expenses attributable to the property, the deficiency shall be paid out of the estate until the property is distributed to the devisee or the devisee takes possession of or occupies the property, whichever occurs first. To the extent a deficiency paid out of the estate is attributable to the period that commences one year after the testator’s death, whether paid during or after expiration of the one year period following the date of death, the amount paid is a charge against the share of the devisee, and the personal representative has an equitable lien on the specifically devised property as against the devisee in the amount paid.
(d) If specifically devised property is sold during administration of the estate, the devisee is entitled to the net income from the property until the date of sale, and to interest on the net sale proceeds thereafter, but no interest accrues during the first year after the testator’s death.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 8 - Interest and Income Accruing During Administration › Section 12003.

12003. If a general pecuniary devise, including a general pecuniary devise in trust, is not distributed within one year after the testator’s death, the devise bears interest thereafter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 8 - Interest and Income Accruing During Administration › Section 12004.

12004. (a) An annuity commences at the testator’s death and shall be paid at the end of the annual, monthly, or other specified period.
(b) If an annuity is not paid at the end of the specified period, it bears interest thereafter, but no interest accrues during the first year after the testator’s death.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 8 - Interest and Income Accruing During Administration › Section 12005.

12005. A devisee of a devise for maintenance is entitled to interest on the amount of any unpaid accumulations of the payments held by the personal representative on each anniversary of the testator’s death, computed from the date of the anniversary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 8 - Interest and Income Accruing During Administration › Section 12006.

12006. Net income received during administration not paid under other provisions of this chapter and not otherwise devised shall be distributed pro rata as income among all distributees who receive either residuary or intestate property. If a distributee takes for life or for a term of years, the pro rata share of income belongs to the tenant for life or for the term of years.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 10 - DISTRIBUTION OF ESTATE › CHAPTER 8 - Interest and Income Accruing During Administration › Section 12007.

12007. This chapter does not apply in cases where the decedent died before July 1, 1989. In cases where the decedent died before July 1, 1989, the applicable law in effect before July 1, 1989, continues to apply.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 11 - CLOSING ESTATE ADMINISTRATION › CHAPTER 1 - Time for Closing Estate › Section 12200.

12200. The personal representative shall either petition for an order for final distribution of the estate or make a report of status of administration not later than the following times:
(a) In an estate for which a federal estate tax return is not required, within one year after the date of issuance of letters.
(b) In an estate for which a federal estate tax return is required, within 18 months after the date of issuance of letters.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 11 - CLOSING ESTATE ADMINISTRATION › CHAPTER 1 - Time for Closing Estate › Section 12201.

12201. If a report of status of administration is made under Section 12200:
(a) The report shall show the condition of the estate, the reasons why the estate cannot be distributed and closed, and an estimate of the time needed to close administration of the estate.
(b) The report shall be filed with the court. Notice of hearing of the report shall be given as provided in Section 1220 to persons then interested in the estate, and shall include a statement in not less than 10-point boldface type or a reasonable equivalent thereof if printed, or in all capital letters if not printed, in substantially the following words: “YOU HAVE THE RIGHT TO PETITION FOR AN ACCOUNT UNDER SECTION 10950 OF THE CALIFORNIA PROBATE CODE.”
(c) On the hearing of the report, the court may order either of the following:
(1) That the administration of the estate continue for the time and on the terms and conditions that appear reasonable, including an account under Section 10950, if the court determines that continuation of administration is in the best interests of the estate or of interested persons.
(2) That the personal representative shall petition for final distribution.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 11 - CLOSING ESTATE ADMINISTRATION › CHAPTER 1 - Time for Closing Estate › Section 12202.

12202. (a) The court may, on petition of any interested person or on its own motion, for good cause shown on the record, cite the personal representative to appear before the court and show the condition of the estate and the reasons why the estate cannot be distributed and closed.
(b) On the hearing of the citation, the court may either order the administration of the estate to continue or order the personal representative to petition for final distribution, as provided in Section 12201.
(Amended by Stats. 1996, Ch. 563, Sec. 28. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 11 - CLOSING ESTATE ADMINISTRATION › CHAPTER 1 - Time for Closing Estate › Section 12203.

12203. (a) For purposes of this chapter, continuation of the administration of the estate in order to pay a family allowance is not in the best interests of the estate or interested persons unless the court determines both of the following:
(1) The family allowance is needed by the recipient to pay for necessaries of life, including education so long as pursued to advantage.
(2) The needs of the recipient for continued family allowance outweigh the needs of the decedent’s beneficiaries whose interests would be adversely affected by continuing the administration of the estate for this purpose.
(b) Nothing in this section shall be construed to authorize continuation of a family allowance beyond the time prescribed in Section 6543.
(c) Nothing in this section limits the power of the court to order a preliminary distribution of the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 11 - CLOSING ESTATE ADMINISTRATION › CHAPTER 1 - Time for Closing Estate › Section 12204.

12204. Failure of the personal representative to comply with an order made under this chapter is grounds for removal from office.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 11 - CLOSING ESTATE ADMINISTRATION › CHAPTER 1 - Time for Closing Estate › Section 12205.

12205. (a) The court may reduce the compensation of the personal representative or the attorney for the personal representative by an amount the court determines to be appropriate if the court makes all of the following determinations:
(1) The time taken for administration of the estate exceeds the time required by this chapter or prescribed by the court.
(2) The time taken was within the control of the personal representative or attorney whose compensation is being reduced.
(3) The delay was not in the best interest of the estate or interested persons.
(b) An order under this section reducing compensation may be made regardless of whether the compensation otherwise allowable under Part 7 (commencing with Section 10800) would be reasonable compensation for the services rendered by the personal representative or attorney.
(c) An order under this section may be made at any of the following hearings:
(1) The hearing for final distribution.
(2) The hearing for an allowance on the compensation of the personal representative or attorney.
(d) In making a determination under this section, the court shall take into account any action taken under Section 12202 as a result of a previous delay.
(Amended by Stats. 1990, Ch. 710, Sec. 42. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 11 - CLOSING ESTATE ADMINISTRATION › CHAPTER 1 - Time for Closing Estate › Section 12206.

12206. A limitation in a will of the time for administration of an estate is directory only and does not limit the power of the personal representative or the court to continue administration of the estate beyond the time limitation in the will if the continuation is necessary.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 11 - CLOSING ESTATE ADMINISTRATION › CHAPTER 2 - Discharge of Personal Representative › Section 12250.

12250. (a) When the personal representative has complied with the terms of the order for final distribution and has filed the appropriate receipts or the court has excused the filing of a receipt as provided in Section 11753, the court shall, on ex parte petition, make an order discharging the personal representative from all liability incurred thereafter.
(b) Nothing in this section precludes discharge of the personal representative for distribution made without prior court order, so long as the terms of the order for final distribution are satisfied.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 11 - CLOSING ESTATE ADMINISTRATION › CHAPTER 2 - Discharge of Personal Representative › Section 12251.

12251. (a) At any time after appointment of a personal representative and whether or not letters have been issued, if it appears there is no property of any kind belonging to the estate and subject to administration, the personal representative may petition for the termination of further proceedings and for discharge of the personal representative. The petition shall state the facts required by this subdivision.
(b) Notice of the hearing on the petition shall be given as provided in Section 1220 to all interested persons.
(c) If it appears to the satisfaction of the court on the hearing that the facts stated in the petition are true, the court shall make an order terminating the proceeding and discharging the personal representative.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 11 - CLOSING ESTATE ADMINISTRATION › CHAPTER 2 - Discharge of Personal Representative › Section 12252.

12252. If subsequent administration of an estate is necessary after the personal representative has been discharged because other property is discovered or because it becomes necessary or proper for any other cause, both of the following shall apply:
(a) The court shall appoint as personal representative the person entitled to appointment in the same order as is directed in relation to an original appointment, except that the person who served as personal representative at the time of the order of discharge has priority.
(b) Notice of hearing of the appointment shall be given as provided in Section 1220 to the person who served as personal representative at the time of the order of discharge and to other interested persons. If property has been distributed to the State of California, a copy of any petition for subsequent appointment of a personal representative and the notice of hearing shall be given as provided in Section 1220 to the Controller.
(Amended by Stats. 2009, Ch. 8, Sec. 3. (AB 1163) Effective January 1, 2010.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD › Section 12400.

12400. Unless the provision or context otherwise requires, as used in this part, “missing person” means a person who is presumed to be dead under Section 12401.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD › Section 12401.

12401. In proceedings under this part, a person who has not been seen or heard from for a continuous period of five years by those who are likely to have seen or heard from that person, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The person’s death is presumed to have occurred at the end of the period unless there is sufficient evidence to establish that death occurred earlier.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD › Section 12402.

12402. Subject to the provisions of this part, the estate of a missing person may be administered in the manner provided generally for the administration of estates of deceased persons.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD › Section 12403.

12403. (a) If the missing person was a resident of this state when last seen or heard from, the superior court of the county of the person’s last known place of residence has jurisdiction for the purposes of this part.
(b) If the missing person was a nonresident of this state when last seen or heard from, the superior court of a county where real property of the missing person is located, or of a county where personal property is located if the missing person has no real property in this state, has jurisdiction for the purposes of this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD › Section 12404.

12404. (a) A petition may be filed in the court having jurisdiction under Section 12403 for the administration of the estate of a missing person.
(b) The petition may be filed by any person who may be appointed as a personal representative, other than a person described in subdivision (r) of Section 8461.
(c) In addition to the matters otherwise required in a petition for administration of the estate, the petition shall state all of the following:
(1) The last known place of residence and the last known address of the missing person.
(2) The time and circumstances when the missing person was last seen or heard from.
(3) That the missing person has not been seen or heard from for a continuous period of five years by the persons likely to have seen or heard from the missing person (naming them and their relationship to the missing person) and that the whereabouts of the missing person is unknown to those persons and to the petitioner.
(4) A description of the search or the inquiry made concerning the whereabouts of the missing person.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD › Section 12405.

12405. Notice of hearing shall be served and published, and proof made, in the same manner as in proceedings for administration of the estate of a decedent, except that notice of hearing on the petition shall also be sent by registered mail to the missing person at his or her last known address.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD › Section 12406.

12406. (a) At the hearing, the court shall determine whether the alleged missing person is a person who is presumed to be dead under Section 12401. The court may receive evidence and consider the affidavits and depositions of persons likely to have seen or heard from or know the whereabouts of the alleged missing person.
(b) If the court is not satisfied that a diligent search or inquiry has been made for the missing person, the court may order the petitioner to conduct a diligent search or inquiry and to report the results. The court may order the search or inquiry to be made in any manner that the court determines to be advisable, including any or all of the following methods:
(1) Inserting in one or more suitable newspapers or other periodicals a notice requesting information from any person having knowledge of the whereabouts of the missing person.
(2) Notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the missing person.
(3) Engaging the services of an investigator.
(c) The costs of a search ordered by the court pursuant to subdivision (b) shall be paid by the estate of the missing person, but if there is no administration, the court in its discretion may order the petitioner to pay the costs.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD › Section 12407.

12407. (a) If the court finds that the alleged missing person is a person presumed to be dead under Section 12401, the court shall do both of the following:
(1) Appoint a personal representative for the estate of the missing person in the manner provided for the estates of deceased persons.
(2) Determine the date of the missing person’s death.
(b) The personal representative shall administer the estate of the missing person in the same general manner and method of procedure, and with the same force and effect, as provided for the administration of the estates of deceased persons, except as otherwise provided in this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD › Section 12408.

12408. (a) If the missing person reappears:
(1) The missing person may recover property of the missing person’s estate in the possession of the personal representative, less fees, costs, and expenses thus far incurred.
(2) The missing person may recover from distributees any property of the missing person’s estate that is in their possession, or the value of distributions received by them, to the extent that recovery from distributees is equitable in view of all the circumstances, but an action under this paragraph is forever barred five years after the time the distribution was made.
(b) The remedies available to the missing person under subdivision (a) are exclusive, except for any remedy the missing person may have by reason of fraud or intentional wrongdoing.
(c) Except as provided in subdivisions (a) and (b), the order for final distribution, when it becomes final, is conclusive as to the rights of the missing person, the rights of the beneficiaries of the missing person, and the rights of all other persons interested in the estate.
(d) If a dispute arises as to the identity of a person claiming to be a reappearing missing person, the person making the claim or any other interested person may file a petition under Section 11700, notwithstanding the limitations of time prescribed in Section 11700, for the determination of the identity of the person claiming to be the reappearing missing person.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 1 - Definitions › Section 12500.

12500. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 1 - Definitions › Section 12501.

12501. “Ancillary administration” means proceedings in this state for administration of the estate of a nondomiciliary decedent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 1 - Definitions › Section 12503.

12503. “Foreign nation personal representative” means a personal representative appointed in a jurisdiction other than a state of the United States.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 1 - Definitions › Section 12504.

12504. “Local personal representative” means a nondomiciliary decedent’s personal representative appointed in this state.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 1 - Definitions › Section 12505.

12505. “Nondomiciliary decedent” means a person who dies domiciled in a sister state or foreign nation.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 2 - Ancillary Administration › ARTICLE 1 - Opening Ancillary Administration › Section 12510.

12510. Any interested person, or a sister state or foreign nation personal representative, may commence an ancillary administration proceeding by a petition to the court for either or both of the following:
(a) Probate of the nondomiciliary decedent’s will.
(b) Appointment of a local personal representative.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 2 - Ancillary Administration › ARTICLE 1 - Opening Ancillary Administration › Section 12511.

12511. The proper county for an ancillary administration proceeding under this chapter is the county determined pursuant to Section 7052.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 2 - Ancillary Administration › ARTICLE 1 - Opening Ancillary Administration › Section 12512.

12512. Notice of an ancillary administration proceeding shall be given and, except as provided in Article 2 (commencing with Section 12520), the same proceedings had as in the case of a petition for probate of a will or appointment of a personal representative of a person who dies domiciled in this state.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 2 - Ancillary Administration › ARTICLE 1 - Opening Ancillary Administration › Section 12513.

12513. If the decedent dies while domiciled in a sister state, a personal representative appointed by a court of the decedent’s domicile has priority over all other persons except where the decedent’s will nominates a different person to be the personal representative in this state. The sister state personal representative may nominate another person as personal representative and the nominee has the same priority as the sister state personal representative.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 2 - Ancillary Administration › ARTICLE 2 - Probate of Nondomiciliary Decedent s Will Admitted to Probate in Sister State or Foreign Nation › Section 12520.

12520. (a) If a nondomiciliary decedent’s will has been admitted to probate in a sister state or foreign nation and satisfies the requirements of this article, probate of the will in an ancillary administration proceeding is governed by this article.
(b) If a nondomiciliary decedent’s will has been admitted to probate in a sister state or foreign nation, but does not satisfy the requirements of this article, the will may be probated in an ancillary administration proceeding pursuant to Part 2 (commencing with Section 8000).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 2 - Ancillary Administration › ARTICLE 2 - Probate of Nondomiciliary Decedent s Will Admitted to Probate in Sister State or Foreign Nation › Section 12521.

12521. (a) A petition for probate of a nondomiciliary decedent’s will under this article shall include both of the following:
(1) The will or an authenticated copy of the will.
(2) An authenticated copy of the order admitting the will to probate in the sister state or foreign nation or other evidence of the establishment or proof of the will in accordance with the law of the sister state or foreign nation.
(b) As used in this section, “authenticated copy” means a copy that satisfies the requirements of Article 2 (commencing with Section 1530) of Chapter 2 of Division 11 of the Evidence Code.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 2 - Ancillary Administration › ARTICLE 2 - Probate of Nondomiciliary Decedent s Will Admitted to Probate in Sister State or Foreign Nation › Section 12522.

12522. If a will of a nondomiciliary decedent was admitted to probate, or established or proved, in accordance with the laws of a sister state, the court shall admit the will to probate in this state, and may not permit a contest or revocation of probate, unless one or more of the following are shown:
(a) The determination in the sister state is not based on a finding that at the time of death the decedent was domiciled in the sister state.
(b) One or more interested parties were not given notice and an opportunity for contest in the proceedings in the sister state.
(c) The determination in the sister state is not final.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 2 - Ancillary Administration › ARTICLE 2 - Probate of Nondomiciliary Decedent s Will Admitted to Probate in Sister State or Foreign Nation › Section 12523.

12523. (a) Except as provided in subdivision (b), if a will of a nondomiciliary decedent was admitted to probate, or established or proved, in accordance with the laws of a foreign nation, the court shall admit the will to probate in this state, and may not permit a contest or revocation of probate, if it appears from the order admitting the will to probate in the foreign nation, or otherwise appears, that all of the following conditions are satisfied:
(1) The determination in the foreign nation is based on a finding that at the time of death the decedent was domiciled in the foreign nation.
(2) All interested parties were given notice and an opportunity for contest in the proceedings in the foreign nation.
(3) The determination in the foreign nation is final.
(b) The court may refuse to admit the will, even though it is shown to satisfy the conditions provided in subdivision (a), where the order admitting the will was made under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 2 - Ancillary Administration › ARTICLE 2 - Probate of Nondomiciliary Decedent s Will Admitted to Probate in Sister State or Foreign Nation › Section 12524.

12524. A nondomiciliary decedent’s will admitted to probate under this article has the same force and effect as the will of a person who dies while domiciled in this state that is admitted to probate in this state.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 2 - Ancillary Administration › ARTICLE 3 - Application of General Provisions › Section 12530.

12530. Except to the extent otherwise provided in this chapter, ancillary administration of a decedent’s estate is subject to all other provisions of this code concerning the administration of the decedent’s estate, including, but not limited to, opening estate administration, inventory and appraisal, creditor claims, estate management, independent administration, compensation, accounts, payment of debts, distribution, and closing estate administration.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 2 - Ancillary Administration › ARTICLE 4 - Distribution of Property to Sister State Personal Representative › Section 12540.

12540. (a) If a person dies while domiciled in a sister state, the court in an ancillary administration proceeding may make an order for preliminary or final distribution of all or part of the decedent’s personal property in this state to the sister state personal representative if distribution is in the best interest of the estate or interested persons.
(b) The court order shall be made in the manner and pursuant to the procedure provided in, and is subject to the provisions of, Chapter 1 (commencing with Section 11600) of Part 10.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 2 - Ancillary Administration › ARTICLE 4 - Distribution of Property to Sister State Personal Representative › Section 12541.

12541. If necessary to make distribution pursuant to this article, real property in the nondomiciliary decedent’s estate may be sold and the court may order the proceeds to be distributed to the sister state personal representative. The sale shall be made in the same manner as other sales of real property of a decedent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 2 - Ancillary Administration › ARTICLE 4 - Distribution of Property to Sister State Personal Representative › Section 12542.

12542. If the nondomiciliary decedent’s estate in the sister state where the decedent was domiciled is insolvent, distribution may be made only to the sister state personal representative and not to the beneficiaries.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 3 - Collection of Personal Property of Small Estate by Sister State Personal Representative Without Ancillary Administration › Section 12570.

12570. If a nondomiciliary decedent’s property in this state satisfies the requirements of Section 13100, a sister state personal representative may, without petitioning for ancillary administration, use the affidavit procedure provided by Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 to collect personal property of the decedent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 3 - Collection of Personal Property of Small Estate by Sister State Personal Representative Without Ancillary Administration › Section 12571.

12571. The effect of payment, delivery, or transfer of personal property to the sister state personal representative pursuant to this chapter, and the effect of failure to do so, are governed by Chapter 3 (commencing with Section 13100) of Part 1 of Division 8.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 3 - Collection of Personal Property of Small Estate by Sister State Personal Representative Without Ancillary Administration › Section 12572.

12572. The sister state personal representative may bring an action against a holder of the decedent’s property, and may be awarded attorney’s fees, as provided in subdivision (b) of Section 13105.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 3 - Collection of Personal Property of Small Estate by Sister State Personal Representative Without Ancillary Administration › Section 12573.

12573. A sister state personal representative who takes property by affidavit under this chapter is not liable as a person to whom payment, delivery, or transfer of the decedent’s property is made under Section 13109 or 13110 to the extent that the sister state personal representative restores the property to the nondomiciliary decedent’s estate in the sister state in compliance with Section 13111.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 4 - Jurisdiction Over Foreign Personal Representative › Section 12590.

12590. A sister state personal representative or foreign nation personal representative submits personally in a representative capacity to the jurisdiction of the courts of this state in any proceeding relating to the estate by any of the following actions:
(a) Filing a petition for ancillary administration.
(b) Receiving money or other personal property pursuant to Chapter 3 (commencing with Section 12570). Jurisdiction under this subdivision is limited to the amount of money and the value of personal property received.
(c) Doing any act in this state as a personal representative that would have given this state jurisdiction over the personal representative as an individual.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 13 - NONDOMICILIARY DECEDENTS › CHAPTER 4 - Jurisdiction Over Foreign Personal Representative › Section 12591.

12591. A sister state personal representative or foreign nation personal representative is subject to the jurisdiction of the courts of this state in a representative capacity to the same extent that the nondomiciliary decedent was subject to jurisdiction at the time of death.
(Enacted by Stats. 1990, Ch. 79.)