reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 1 - Commencement of Proceedings › Section 8005.

8005. (a) At the hearing on the petition, the court may examine and compel any person to attend as a witness concerning any of the following matters:
(1) The time, place, and manner of the decedent’s death.
(2) The place of the decedent’s domicile and residence at the time of death.
(3) The character and value of the decedent’s property.
(4) Whether or not the decedent left a will.
(b) The following matters shall be established:
(1) The jurisdictional facts, including:
(A) The date and place of the decedent’s death.
(B) That the decedent was domiciled in this state or left property in this state at the time of death.
(C) The publication of notice under Article 3 (commencing with Section 8120) of Chapter 2.
(2) The existence or nonexistence of the decedent’s will.
(3) That notice of the hearing was served as provided in Article 2 (commencing with Section 8110) of Chapter 2.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 1 - Commencement of Proceedings › Section 8006.

8006. (a) If the court finds that the matters referred to in paragraph (1) of subdivision (b) of Section 8005 are established, the court shall make an order determining the time and place of the decedent’s death and the jurisdiction of the court. Where appropriate and on satisfactory proof, the order shall admit the decedent’s will to probate and appoint a personal representative. The date the will is admitted to probate shall be included in the order.
(b) If through defect of form or error the matters referred to in paragraph (1) of subdivision (b) of Section 8005 are incorrectly stated in the petition but actually are established, the court has and retains jurisdiction to correct the defect or error at any time. No such defect or error makes void an order admitting the will to probate or appointing a personal representative or an order made in any subsequent proceeding.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 1 - Commencement of Proceedings › Section 8007.

8007. (a) Except as provided in subdivision (b), an order admitting a will to probate or appointing a personal representative, when it becomes final, is a conclusive determination of the jurisdiction of the court and cannot be collaterally attacked.
(b) Subdivision (a) does not apply in either of the following cases:
(1) The presence of extrinsic fraud in the procurement of the court order.
(2) The court order is based on the erroneous determination of the decedent’s death.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 2 - Notice of Hearing › ARTICLE 1 - Contents › Section 8100.

8100. The notice of hearing of a petition for administration of a decedent’s estate, whether delivered under Article 2 (commencing with Section 8110) or published under Article 3 (commencing with Section 8120), shall state substantially as follows:
NOTICE OF PETITION TO ADMINISTER
ESTATE OF ___________, ESTATE NO. ________
To all heirs, beneficiaries, creditors, and contingent creditors of _________ and persons who may be otherwise interested in the will or estate, or both:
A petition has been filed by _________ in the Superior Court of California, County of _________, requesting that _________ be appointed as personal representative to administer the estate of _________ [and for probate of the decedent’s will, which is available for examination in the court file].
[The petition requests authority to administer the estate under the Independent Administration of Estates Act. This will avoid the need to obtain court approval for many actions taken in connection with the estate. However, before taking certain actions, the personal representative will be required to give notice to interested persons unless they have waived notice or have consented to the proposed action. The petition will be granted unless good cause is shown why it should not be.]
The petition is set for hearing in Dept. No.
at _____ (Address) _____
on _____ (Date of hearing) _____  at _____ (Time of hearing) _____ .
IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney.
IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal representative appointed by the court within the later of either (1) four months from the date of first issuance of letters to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code, or (2) 60 days from the date of delivery of the notice to you under Section 9052 of the California Probate Code.
YOU MAY EXAMINE the file kept by the court. If you are interested in the estate, you may request special notice of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Section 1250 of the California Probate Code.
_____ (Name and address of petitioner or petitioner’s attorney) _____
(Amended by Stats. 2017, Ch. 319, Sec. 63. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 2 - Notice of Hearing › ARTICLE 2 - Service of Notice of Hearing › Section 8110.

8110. At least 15 days before the hearing of a petition for administration of a decedent’s estate, the petitioner shall deliver notice of the hearing pursuant to Section 1215 on all of the following persons:
(a) Each heir of the decedent, so far as known to or reasonably ascertainable by the petitioner.
(b) Each devisee, executor, and alternative executor named in any will being offered for probate, regardless of whether the devise or appointment is purportedly revoked in a subsequent instrument.
(Amended by Stats. 2017, Ch. 319, Sec. 64. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 2 - Notice of Hearing › ARTICLE 2 - Service of Notice of Hearing › Section 8111.

8111. If the decedent’s will involves or may involve a testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee resident in this state, or involves or may involve a devise for charitable purposes without an identified devisee, notice of hearing accompanied by a copy of the petition and of the will shall be delivered pursuant to Section 1215 to the Attorney General as provided in Section 1209.
(Amended by Stats. 2017, Ch. 319, Sec. 65. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 2 - Notice of Hearing › ARTICLE 2 - Service of Notice of Hearing › Section 8112.

8112. A general personal representative shall give notice of administration of the estate of the decedent to creditors under Chapter 2 (commencing with Section 9050), and to public entities under Chapter 5 (commencing with Section 9200), of Part 4.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 2 - Notice of Hearing › ARTICLE 2 - Service of Notice of Hearing › Section 8113.

8113. If a citizen of a foreign country dies without leaving a will or leaves a will without naming an executor, or if it appears that property will pass to a citizen of a foreign country, notice shall be given to a recognized diplomatic or consular official of the foreign country maintaining an office in the United States.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 2 - Notice of Hearing › ARTICLE 3 - Publication › Section 8120.

8120. In addition to service of the notice of hearing as provided in Article 2 (commencing with Section 8110), notice of hearing of a petition for administration of a decedent’s estate shall also be published before the hearing in the manner provided in this article.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 2 - Notice of Hearing › ARTICLE 3 - Publication › Section 8121.

8121. (a) The first publication date of the notice shall be at least 15 days before the hearing. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the publication dates, are sufficient.
(b) Notice shall be published in a newspaper of general circulation in the city where the decedent resided at the time of death, or where the decedent’s property is located if the court has jurisdiction under Section 7052. If there is no such newspaper, or if the decedent did not reside in a city, or if the property is not located in a city, then notice shall be published in a newspaper of general circulation in the county which is circulated within the area of the county in which the decedent resided or the property is located. If there is no such newspaper, notice shall be published in a newspaper of general circulation published in this state nearest to the county seat of the county in which the decedent resided or the property is located, and which is circulated within the area of the county in which the decedent resided or the property is located.
(c) For purposes of this section, “city” means a charter city as defined in Section 34101 of the Government Code or a general law city as defined in Section 34102 of the Government Code.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 2 - Notice of Hearing › ARTICLE 3 - Publication › Section 8122.

8122. The Legislature finds and declares that, to be most effective, notice of hearing should be published in compliance with Section 8121. However, the Legislature recognizes the possibility that in unusual cases due to confusion over jurisdictional boundaries or oversight such notice may inadvertently be published in a newspaper that does not satisfy Section 8121. Therefore, to prevent a minor error in publication from invalidating what would otherwise be a proper proceeding, the Legislature further finds and declares that notice published in a good faith attempt to comply with Section 8121 is sufficient to provide notice of hearing and to establish jurisdiction if the court expressly finds that the notice was published in a newspaper of general circulation published within the county and widely circulated within a true cross-section of the area of the county in which the decedent resided or the property was located in substantial compliance with Section 8121.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 2 - Notice of Hearing › ARTICLE 3 - Publication › Section 8123.

8123. The caption of a notice under this article shall be in 8-point type or larger and the text shall be in 7-point type or larger.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 2 - Notice of Hearing › ARTICLE 3 - Publication › Section 8124.

8124. A petition for administration of a decedent’s estate shall not be heard by the court unless an affidavit showing due publication of the notice of hearing has been filed with the court. The affidavit shall contain a copy of the notice and state the date of its publication.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 2 - Notice of Hearing › ARTICLE 3 - Publication › Section 8125.

8125. Notwithstanding Section 8100, after the notice of hearing is published and an affidavit filed, any subsequent publication of the notice ordered by the court may omit the information for creditors and contingent creditors.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 1 - Production of Will › Section 8200.

8200. (a) Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following:
(1) Deliver the will, personally or by registered or certified mail, to the clerk of the superior court of the county in which the estate of the decedent may be administered.
(2) Deliver a copy of the will pursuant to Section 1215 to the person named in the will as executor, if the person’s whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the person’s whereabouts is known to the custodian.
(b) A custodian of a will who fails to comply with the requirements of this section shall be liable for all damages sustained by any person injured by the failure.
(c) The clerk shall release a copy of a will delivered under this section for attachment to a petition for probate of the will or otherwise on receipt of payment of the required fee and either a court order for production of the will or a certified copy of a death certificate of the decedent.
(d) The fee for delivering a will to the clerk of the superior court pursuant to paragraph (1) of subdivision (a) shall be as provided in Section 70626 of the Government Code. If an estate is commenced for the decedent named in the will, the fee for any will delivered pursuant to paragraph (1) of subdivision (a) shall be reimbursable from the estate as an expense of administration.
(Amended by Stats. 2017, Ch. 319, Sec. 66. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 1 - Production of Will › Section 8201.

8201. If, on petition to the superior court of the county in which the estate of the decedent is being or may be administered alleging that a person has possession of a decedent’s will, the court is satisfied that the allegation is true, the court shall order the person to produce the will.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 1 - Production of Will › Section 8202.

8202. If the will of a person who was domiciled in this state at the time of death is detained in a court of any other state or country and cannot be produced for probate in this state, a certified photographic copy of the will may be admitted to probate in this state with the same force and effect as the original will. The same proof shall be required as if the original will were produced.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 1 - Production of Will › Section 8203.

8203. If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the testator’s estate, that court may order the will transferred to the clerk of the superior court in a county in which such a proceeding is pending. A petition for the transfer may be presented and heard without notice, but shall not be granted without proof that a copy of the petition has been delivered pursuant to Section 1215 to the petitioner and any persons who have requested special notice in the proceeding in the court to which the will is to be transferred. The petition and order shall include the case number of the proceeding in the court to which transfer is prayed. Certified copies of the petition, any supporting documents, and the order shall be transmitted by the clerk along with the original will, and these copies shall be filed in the proceeding by the clerk of the recipient court.
(Amended by Stats. 2017, Ch. 319, Sec. 67. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 2 - Proof of Will › Section 8220.

8220. Unless there is a contest of a will:
(a) The will may be proved on the evidence of one of the subscribing witnesses only, if the evidence shows that the will was executed in all particulars as prescribed by law.
(b) Evidence of execution of a will may be received by an affidavit of a subscribing witness to which there is attached a photographic copy of the will, or by an affidavit in the original will that includes or incorporates the attestation clause.
(c) If no subscribing witness resides in the county, but the deposition of a witness can be taken elsewhere, the court may direct the deposition to be taken. On the examination, the court may authorize a photographic copy of the will to be made and presented to the witness, and the witness may be asked the same questions with respect to the photographic copy as if the original will were present.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 2 - Proof of Will › Section 8221.

8221. If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may, if the will on its face conforms to all requirements of law, permit proof of the will by proof of the handwriting of the testator and one of the following:
(a) Proof of the handwriting of any one subscribing witness.
(b) Receipt in evidence of one of the following documents reciting facts showing due execution of the will:
(1) A writing in the will bearing the signatures of all subscribing witnesses.
(2) An affidavit of a person with personal knowledge of the circumstances of the execution.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 2 - Proof of Will › Section 8222.

8222. A holographic will may be proved in the same manner as other writings.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 2 - Proof of Will › Section 8223.

8223. The petition for probate of a lost or destroyed will shall include a written statement of the testamentary words or their substance. If the will is proved, the provisions of the will shall be set forth in the order admitting the will to probate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 2 - Proof of Will › Section 8224.

8224. The testimony of each witness in a proceeding concerning the execution or provisions of a will, the testamentary capacity of the decedent, and other issues of fact, may be reduced to writing, signed by the witness, and filed, whether or not the will is contested. The testimony so preserved, or an official reporter’s transcript of the testimony, is admissible in evidence in any subsequent proceeding concerning the will if the witness has become unavailable as a witness within the meaning of Section 240 of the Evidence Code.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 2 - Proof of Will › Section 8225.

8225. When the court admits a will to probate, that fact shall be recorded in the minutes by the clerk and the will shall be filed.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 2 - Proof of Will › Section 8226.

8226. (a) If no person contests the validity of a will or petitions for revocation of probate of the will within the time provided in this chapter, admission of the will to probate is conclusive, subject to Section 8007.
(b) Subject to subdivision (c), a will may be admitted to probate notwithstanding prior admission to probate of another will or prior distribution of property in the proceeding. The will may not affect property previously distributed, but the court may determine how any provision of the will affects property not yet distributed and how any provision of the will affects provisions of another will.
(c) If the proponent of a will has received notice of a petition for probate or a petition for letters of administration for a general personal representative, the proponent of the will may petition for probate of the will only within the later of either of the following time periods:
(1) One hundred twenty days after issuance of the order admitting the first will to probate or determining the decedent to be intestate.
(2) Sixty days after the proponent of the will first obtains knowledge of the will.
(Amended by Stats. 1997, Ch. 724, Sec. 19. Effective January 1, 1998.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 3 - Contest of Will › Section 8250.

8250. (a) When a will is contested under Section 8004, the contestant shall file with the court an objection to probate of the will. Thereafter, a summons shall be issued and served, with a copy of the objection, on the persons required by Section 8110 to be served with notice of hearing of a petition for administration of the decedent’s estate. The summons shall be issued and served as provided in Chapter 3 (commencing with Section 412.10) and Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. The summons shall contain a direction that the persons summoned file with the court a written pleading in response to the contest within 30 days after service of the summons.
(b) A person named as executor in the will is under no duty to defend a contest until the person is appointed personal representative.
(Amended by Stats. 2011, Ch. 308, Sec. 11. (SB 647) Effective January 1, 2012.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 3 - Contest of Will › Section 8251.

8251. (a) The petitioner and any other interested person may jointly or separately answer the objection or demur to the objection within the time prescribed in the summons.
(b) Demurrer may be made on any of the grounds of demurrer available in a civil action. If the demurrer is sustained, the court may allow the contestant a reasonable time, not exceeding 15 days, within which to amend the objection. If the demurrer is overruled, the petitioner and other interested persons may, within 15 days thereafter, answer the objection.
(c) If a person fails timely to respond to the summons:
(1) The case is at issue notwithstanding the failure and the case may proceed on the petition and other documents filed by the time of the hearing, and no further pleadings by other persons are necessary.
(2) The person may not participate further in the contest, but the person’s interest in the estate is not otherwise affected. Nothing in this paragraph precludes further participation by the petitioner.
(3) The person is bound by the decision in the proceeding.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 3 - Contest of Will › Section 8252.

8252. (a) At the trial, the proponents of the will have the burden of proof of due execution. The contestants of the will have the burden of proof of lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. If the will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate.
(b) The court shall try and determine any contested issue of fact that affects the validity of the will.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 3 - Contest of Will › Section 8253.

8253. At the trial, each subscribing witness shall be produced and examined. If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may admit the evidence of other witnesses to prove the due execution of the will.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 3 - Contest of Will › Section 8254.

8254. The court may make appropriate orders, including orders sustaining or denying objections, and shall render judgment either admitting the will to probate or rejecting it, in whole or in part, and appointing a personal representative.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 4 - Revocation of Probate › Section 8270.

8270. (a) Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than a person who had actual notice of a will contest in time to have joined in the contest, may petition the court to revoke the probate of the will. The petition shall include objections setting forth written grounds of opposition.
(b) Notwithstanding subdivision (a), a person who was a minor or who was incompetent and had no guardian or conservator at the time a will was admitted to probate may petition the court to revoke the probate of the will at any time before entry of an order for final distribution.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 4 - Revocation of Probate › Section 8271.

8271. (a) On the filing of the petition, a summons shall be directed to the personal representative and to the heirs and devisees of the decedent, so far as known to the petitioner. The summons shall contain a direction that the persons summoned file with the court a written pleading in response to the petition within 30 days after service of the summons. Failure of a person timely to respond to the summons precludes the person from further participation in the revocation proceeding, but does not otherwise affect the person’s interest in the estate.
(b) The summons shall be issued and served with a copy of the petition and proceedings had as in the case of a contest of the will.
(c) If a person fails timely to respond to the summons:
(1) The case is at issue notwithstanding the failure and the case may proceed on the petition and other documents filed by the time of the hearing, and no further pleadings by other persons are necessary.
(2) The person may not participate further in the contest, but the person’s interest in the estate is not otherwise affected.
(3) The person is bound by the decision in the proceeding.
(Amended by Stats. 1998, Ch. 581, Sec. 25. Effective January 1, 1999.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 3 - Probate of Will › ARTICLE 4 - Revocation of Probate › Section 8272.

8272. (a) If it appears on satisfactory proof that the will should be denied probate, the court shall revoke the probate of the will.
(b) Revocation of probate of a will terminates the powers of the personal representative. The personal representative is not liable for any otherwise proper act done in good faith before the revocation, nor is any transaction void by reason of the revocation if entered into with a third person dealing in good faith and for value.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 1 - General Provisions › Section 8400.

8400. (a) A person has no power to administer the estate until the person is appointed personal representative and the appointment becomes effective. Appointment of a personal representative becomes effective when the person appointed is issued letters.
(b) Subdivision (a) applies whether or not the person is named executor in the decedent’s will, except that a person named executor in the decedent’s will may, before the appointment is made or becomes effective, pay funeral expenses and take necessary measures for the maintenance and preservation of the estate.
(c) The order appointing a personal representative shall state in capital letters on the first page of the order, in at least 12-point type, the following: “WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.”
(Amended by Stats. 1996, Ch. 862, Sec. 16. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 1 - General Provisions › Section 8401.

8401. (a) Notwithstanding Section 8400, a petitioner for appointment as personal representative may deliver property in the petitioner’s possession to a trust company or financial institution for deposit, or allow a trust company or financial institution to retain on deposit property already in its possession, as provided in Chapter 3 (commencing with Section 9700) of Part 5.
(b) The petitioner shall obtain and file with the court a written receipt including the agreement of the trust company or financial institution that the property on deposit, including any earnings thereon, shall not be allowed to be withdrawn except on order of the court.
(c) In receiving and retaining property under this section, the trust company or financial institution is protected to the same extent as though it had received the property from a person who had been appointed personal representative.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 1 - General Provisions › Section 8402.

8402. (a) Notwithstanding any other provision of this chapter, a person is not competent to act as personal representative in any of the following circumstances:
(1) The person is under the age of majority.
(2) The person is subject to a conservatorship of the estate or is otherwise incapable of executing, or is otherwise unfit to execute, the duties of the office.
(3) There are grounds for removal of the person from office under Section 8502.
(4) The person is not a resident of the United States.
(5) The person is a surviving business partner of the decedent and an interested person objects to the appointment.
(b) Paragraphs (4) and (5) of subdivision (a) do not apply to a person named as executor or successor executor in the decedent’s will.
(Amended by Stats. 2016, Ch. 703, Sec. 19. (AB 2881) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 1 - General Provisions › Section 8403.

8403. (a) Before letters are issued, the personal representative shall take and subscribe an oath to perform, according to law, the duties of the office. The oath may be taken and dated on or after the time the petition for appointment as personal representative is signed, and may be filed with the clerk at any time after the petition is granted.
(b) The oath constitutes an acceptance of the office and shall be attached to or endorsed on the letters.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 1 - General Provisions › Section 8404.

8404. (a) Before letters are issued, the personal representative (other than a trust company or a public administrator) shall file an acknowledgment of receipt of a statement of duties and liabilities of the office of personal representative. The statement shall be in the form prescribed by the Judicial Council.
(b) The court may by local rule require the acknowledgment of receipt to include the personal representative’s birth date and driver’s license number, if any, provided that the court ensures their confidentiality.
(c) The statement of duties and liabilities prescribed by the Judicial Council does not supersede the law on which the statement is based.
(Amended by Stats. 1994, Ch. 806, Sec. 26. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 1 - General Provisions › Section 8405.

8405. Letters shall be signed by the clerk under the seal of the court and shall include:
(a) The county from which the letters are issued.
(b) The name of the person appointed as personal representative and whether the personal representative is an executor, administrator, administrator with the will annexed, or special administrator.
(c) A notation whether the personal representative is authorized to act under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400) of Division 7), and if so authorized whether the independent administration authority includes or excludes the power to do any of the following:
(1) Sell real property.
(2) Exchange real property.
(3) Grant an option to purchase real property.
(4) Borrow money with the loan secured by an encumbrance upon real property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 2 - Executors › Section 8420.

8420. The person named as executor in the decedent’s will has the right to appointment as personal representative.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 2 - Executors › Section 8421.

8421. If a person is not named as executor in a will but it appears by the terms of the will that the testator intended to commit the execution of the will and the administration of the estate to the person, the person is entitled to appointment as personal representative in the same manner as if named as executor.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 2 - Executors › Section 8422.

8422. (a) The testator may by will confer on a person the power to designate an executor or coexecutor, or successor executor or coexecutor. The will may provide that the persons so designated may serve without bond.
(b) A designation shall be in writing and filed with the court. Unless the will provides otherwise, if there are two or more holders of the power to designate, the designation shall be unanimous, unless one of the holders of the power is unable or unwilling to act, in which case the remaining holder or holders may exercise the power.
(c) Except as provided in this section, an executor does not have authority to name a coexecutor, or a successor executor or coexecutor.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 2 - Executors › Section 8423.

8423. If the executor named in the will is a trust company that has sold its business and assets to, has consolidated or merged with, or is in any manner provided by law succeeded by, another trust company, the court may, and to the extent required by the Banking Law (Division 1 (commencing with Section 99) of the Financial Code) shall, appoint the successor trust company as executor.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 2 - Executors › Section 8424.

8424. (a) If a person named as executor is under the age of majority and there is another person named as executor, the other person may be appointed and may administer the estate until the majority of the minor, who may then be appointed as coexecutor.
(b) If a person named as executor is under the age of majority and there is no other person named as executor, another person may be appointed as personal representative, but the court may revoke the appointment on the majority of the minor, who may then be appointed as executor.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 2 - Executors › Section 8425.

8425. If the court does not appoint all the persons named in the will as executors, those appointed have the same authority to act in every respect as all would have if appointed.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 3 - Administrators With the Will Annexed › Section 8440.

8440. An administrator with the will annexed shall be appointed as personal representative if no executor is named in the will or if the sole executor or all the executors named in the will have waived the right to appointment or are for any reason unwilling or unable to act.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 3 - Administrators With the Will Annexed › Section 8441.

8441. (a) Except as provided in subdivision (b), persons and their nominees are entitled to appointment as administrator with the will annexed in the same order of priority as for appointment of an administrator.
(b) A person who takes under the will has priority over a person who does not, but the court in its discretion may give priority to a person who does not take under the will if the person is entitled to a statutory interest that is a substantially greater portion of the estate than the devise to the person who takes under the will and the priority appears appropriate under the circumstances. A person who takes more than 50 percent of the value of the estate under the will or the person’s nominee, or the nominee of several persons who together take more than 50 percent of the value of the estate under the will, has priority over other persons who take under the will.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 3 - Administrators With the Will Annexed › Section 8442.

8442. (a) Subject to subdivision (b), an administrator with the will annexed has the same authority over the decedent’s estate as an executor named in the will would have.
(b) If the will confers a discretionary power or authority on an executor that is not conferred by law and the will does not extend the power or authority to other personal representatives, the power or authority shall not be deemed to be conferred on an administrator with the will annexed, but the court in its discretion may authorize the exercise of the power or authority.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 4 - Administrators › Section 8460.

8460. (a) If the decedent dies intestate, the court shall appoint an administrator as personal representative.
(b) The court may appoint one or more persons as administrator.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 4 - Administrators › Section 8461.

8461. Subject to the provisions of this article, a person in the following relation to the decedent is entitled to appointment as administrator in the following order of priority:
(a) Surviving spouse or domestic partner as defined in Section 37.
(b) Children.
(c) Grandchildren.
(d) Other issue.
(e) Parents.
(f) Brothers and sisters.
(g) Issue of brothers and sisters.
(h) Grandparents.
(i) Issue of grandparents.
(j) Children of a predeceased spouse or domestic partner.
(k) Other issue of a predeceased spouse or domestic partner.
(l) Other next of kin.
(m) Parents of a predeceased spouse or domestic partner.
(n) Issue of parents of a predeceased spouse or domestic partner.
(o) Conservator or guardian of the estate acting in that capacity at the time of death who has filed a first account and is not acting as conservator or guardian for any other person.
(p) Public administrator.
(q) Creditors.
(r) Any other person.
(Amended by Stats. 2001, Ch. 893, Sec. 53. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 4 - Administrators › Section 8462.

8462. The surviving spouse or domestic partner of the decedent, a relative of the decedent, or a relative of a predeceased spouse or domestic partner of the decedent, has priority under Section 8461 only if one of the following conditions is satisfied:
(a) The surviving spouse, domestic partner, or relative is entitled to succeed to all or part of the estate.
(b) The surviving spouse, domestic partner, or relative either takes under the will of, or is entitled to succeed to all or part of the estate of, another deceased person who is entitled to succeed to all or part of the estate of the decedent.
(Amended by Stats. 2001, Ch. 893, Sec. 54. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 4 - Administrators › Section 8463.

8463. If the surviving spouse is a party to an action for separate maintenance, annulment, or dissolution of the marriage of the decedent and the surviving spouse, and was living apart from the decedent on the date of the decedent’s death, the surviving spouse has priority next after brothers and sisters and not the priority prescribed in Section 8461.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 4 - Administrators › Section 8464.

8464. If a person otherwise entitled to appointment as administrator is a person under the age of majority or a person for whom a guardian or conservator of the estate has been appointed, the court in its discretion may appoint the guardian or conservator or another person entitled to appointment.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 4 - Administrators › Section 8466.

8466. If a person whose only priority is that of a creditor claims appointment as administrator, the court in its discretion may deny the appointment and appoint another person.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 4 - Administrators › Section 8467.

8467. If several persons have equal priority for appointment as administrator, the court may appoint one or more of them, or if such persons are unable to agree, the court may appoint the public administrator or a disinterested person in the same or the next lower class of priority as the persons who are unable to agree.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 4 - Administrators › Section 8468.

8468. If persons having priority fail to claim appointment as administrator, the court may appoint any person who claims appointment.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 2 - OPENING ESTATE ADMINISTRATION › CHAPTER 4 - Appointment of Personal Representative › ARTICLE 4 - Administrators › Section 8469.

8469. (a) For good cause, the court may allow the priority given by Section 8461 to a conservator or guardian of the estate of the decedent serving in that capacity at the time of death that has not filed a first account, or that is acting as guardian or conservator for another person, or both.
(b) If the petition for appointment as administrator requests the court to allow the priority permitted by subdivision (a), the petitioner shall, in addition to the notice otherwise required by statute, deliver notice of the hearing pursuant to Section 1215 to the public administrator.
(Amended by Stats. 2017, Ch. 319, Sec. 68. (AB 976) Effective January 1, 2018.)