reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Hearings and Orders › Section 1050.

1050. The judgment roll in a proceeding under this code consists of the following papers, where applicable:
(a) In all cases:
(1) The petition, application, report, or account that initiates a particular proceeding.
(2) Any order directing notice of the hearing to be given.
(3) Any notice of the hearing, and any order to show cause made in the proceeding, with the affidavits showing publication, posting, or delivery pursuant to Section 1215 of the notice or order as may be required by law or court order.
(4) Any citation, in case no answer or written opposition is filed by a party entitled, by law or court order, to notice of the proceeding by citation, with the affidavit or proof of service and, if service of the citation is made by publication, the affidavit of publication and the order directing publication.
(5) Any finding of the court or referee in the proceeding.
(6) The order or statement of decision made in the proceeding.
(7) Any letters, as defined in Section 52.
(b) If an answer, demurrer, written opposition, or counter petition is filed in a proceeding:
(1) Pleadings and papers in the nature of pleadings.
(2) Any orders striking out a pleading in whole or in part.
(3) Any order made on demurrer, or relating to a change of parties, in the proceeding.
(4) The verdict of the jury, if any.
(c) If the proceeding is for the probate of a will, the will.
(d) If the proceeding is a contest of a will, for the revocation of the probate of a will, or for a preliminary or final distribution of the estate under a will:
(1) The will.
(2) The order admitting the will to probate.
(e) If the proceeding is for the settlement of the final account of a personal representative or for the final distribution of an estate, the affidavit showing publication of notice to creditors.
(Amended by Stats. 2017, Ch. 319, Sec. 13. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Hearings and Orders › Section 1051.

1051. (a) In the absence of a stipulation to the contrary between parties who have filed pleadings in a proceeding under this code, there shall be no ex parte communications between any party, or attorney for the party, and the court concerning a subject raised in those pleadings, except as permitted or required by law.
(b) Notwithstanding subdivision (a), in any case upon which the court has exercised its jurisdiction, the court may refer to the court investigator or take other appropriate action in response to an ex parte communication regarding either or both of the following:
(1) A fiduciary, as defined in Section 39, about the fiduciary’s performance of their duties and responsibilities.
(2) A person who is the subject of a conservatorship or guardianship proceeding under Division 4 (commencing with Section 1400).
(c) An action by the court pursuant to subdivision (b) shall be consistent with due process and the requirements of this code. The court shall disclose the ex parte communication to all parties and counsel. The court may, for good cause, dispense with the disclosure if necessary to protect the ward or conservatee from harm.
(d) If the court imposes a penalty, including, but not limited to, a surcharge, punishment for contempt, suspension, or removal, on a professional fiduciary, the court shall report that action to the Professional Fiduciaries Bureau. If the court reports an action taken under this section, the court shall provide the bureau, at no charge, with access to the information, including confidential information, regarding its investigation of the professional fiduciary contained in the court records. The bureau shall maintain the confidentiality of the information, as required by paragraph (4) of subdivision (a) of Section 6580 of the Business and Professions Code or any other applicable state or federal law.
(e) A superior court shall not be required to perform any duties imposed by this section until the Legislature makes an appropriation identified for this purpose.
(Amended by Stats. 2021, Ch. 417, Sec. 3. (AB 1194) Effective January 1, 2022.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Accounts › Section 1060.

1060. This chapter governs all accounts to be filed with the court. Except as specifically provided elsewhere in this code, or unless good cause is shown therefore, no information in addition to that required in this chapter need be in an account.
(Amended by Stats. 1997, Ch. 724, Sec. 5. Effective January 1, 1998.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Accounts › Section 1060.5.

1060.5. This chapter shall be operative on and after July 1, 1997.
(Added by Stats. 1996, Ch. 862, Sec. 4. Effective January 1, 1997. Note: This section prescribes a delayed operative date (July 1, 1997) for Chapter 4, commencing with Section 1060.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Accounts › Section 1061.

1061. (a) All accounts shall state the period covered by the account and contain a summary showing all of the following, to the extent applicable:
(1) The property on hand at the beginning of the period covered by the account, which shall be the value of the property initially received by the fiduciary if this is the first account, and shall be the property on hand at the end of the prior account if this is a subsequent account.
(2) The value of any assets received during the period of the accounting which are not assets on hand as of the commencement of the administration of an estate.
(3) The amount of any receipts of income or principal, excluding items listed under paragraphs (1) and (2) or receipts from a trade or business.
(4) Net income from a trade or business.
(5) Gains on sales.
(6) The amount of disbursements, excluding disbursements for a trade or business or distributions.
(7) Loss on sales.
(8) Net loss from trade or business.
(9) Distributions to beneficiaries, the ward or conservatee.
(10) Property on hand at the end of the accounting period, stated at its carry value.
(b) The summary shall be in a format substantially the same as the following, except that inapplicable categories need not be shown:
SUMMARY OF ACCOUNT
CHARGES:
Property on hand at beginning of
account (or Inventories)
$
Additional property received (or
Supplemental Inventories)
Receipts (Schedule ______)
Gains on Sale or Other Disposition
(Schedule _______)
Net income from trade or business
(Schedule_______)
Total Charges:
$
CREDITS:
Disbursements (Schedule _______)
$
Losses on Sale or Other Disposition
(Schedule _______)
Net loss from trade or business
(Schedule ______)
Distributions (Schedule ______)
Property on hand at close of account
(Schedule ______)
Total Credits:
$
(c) Total charges shall equal total credits.
(d) For purposes of this section, the terms “net income” and “net loss” shall be utilized in accordance with general accounting principles. Nothing in this section is intended to require that the preparation of the summary must include “net income” and “net loss” as reflected in the tax returns governing the period of the account.
(Amended by Stats. 1997, Ch. 724, Sec. 6. Effective January 1, 1998.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Accounts › Section 1062.

1062. The summary shall be supported by detailed schedules showing the following:
(a) Receipts, showing the nature or purpose of each item, the source of the receipt, and the date thereof.
(b) Disbursement, including the nature or purpose of each item, the name of the payee, and the date thereof.
(c) Net income or loss from a trade or business, which shall be sufficient if it provides the information disclosed on Schedule C or F of the federal income tax return.
(d) Calculation of gains or losses on sale or other disposition.
(e) Distributions of cash or property to beneficiaries, ward or conservatee, showing the date and amount of each, with the distribution of property shown at its carry value.
(f) Itemized list of property on hand, describing each item at its carry value.
(Added by Stats. 1996, Ch. 862, Sec. 4. Effective January 1, 1997. Section operative July 1, 1997, pursuant to Section 1060.5.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Accounts › Section 1064.

1064. (a) The petition for approval of the account or a report accompanying the petition shall contain all of the following:
(1) A description of all sales, purchases, changes in the form of assets, or other transactions occurring during the period of the account that are not otherwise readily understandable from the schedule.
(2) An explanation of any unusual items appearing in the account.
(3) A statement of all compensation paid from the assets subject to the account to the fiduciary or to the attorneys for the fiduciary other than pursuant to a prior court order.
(4) A statement disclosing any family or affiliate relationship between the fiduciary and any agent hired by the fiduciary during the accounting period.
(5) An allegation disclosing whether all of the cash has been invested and maintained in interest bearing accounts or in investments authorized by law or the governing instrument, except for an amount of cash that is reasonably necessary for the orderly administration of the estate.
(b) The filing of an account shall be deemed to include a petition requesting its approval, and may include additional petitions for authorization, instruction or confirmation authorized by the code, including, but not limited to, a request for an order for compensation of the fiduciary and the attorney for the fiduciary.
(c) For purposes of this section, “family” means a relationship created by blood or marriage. For purposes of this section, “affiliate” means an entity that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with, the fiduciary.
(Amended by Stats. 1997, Ch. 724, Sec. 8. Effective January 1, 1998.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1200.

1200. (a) Except as otherwise provided in this code, this part governs notice required or permitted under this code.
(b) This part does not apply to notice under a particular provision to the extent that the particular provision is inconsistent with this part.
(c) This part does not apply to the giving of a particular notice where the notice was delivered, mailed, posted, or first published before July 1, 1991. The applicable law in effect before July 1, 1991, continues to apply to the giving of that notice, notwithstanding its repeal.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1201.

1201. If a person is required to give notice, the person required to give the notice need not give the notice to himself or herself or to any other person who joins in the petition.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1202.

1202. Where the court determines that the notice otherwise required is insufficient in the particular circumstances, the court may require that further or additional notice, including a longer period of notice, be given.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1203.

1203. (a) Subject to subdivision (b), unless the particular provision governing the notice of hearing provides that the time for giving notice may not be shortened, the court may, for good cause, shorten the time for giving a notice of hearing.
(b) Unless the particular provision governing the publication of notice of hearing otherwise provides, the court may not shorten the time for publication of notice of hearing.
(Amended by Stats. 1991, Ch. 82, Sec. 2.5. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1204.

1204. A person, including a guardian ad litem, guardian, conservator, trustee, or other fiduciary, may waive notice by a writing signed by the person or the person’s attorney and filed in the proceeding.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1205.

1205. If a hearing is continued or postponed, no further notice of the continued or postponed hearing is required unless ordered by the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1206.

1206. (a) Subject to subdivision (b), where notice is required to be given to known heirs or known devisees, notice shall be given to the following persons:
(1) If the estate is an intestate estate, to the heirs named in the petition for letters of administration and to any additional heirs who become known to the person giving the notice prior to the giving of the notice.
(2) If the estate is a testate estate, to the devisees named in the petition for probate of the will and to any additional devisees who become known to the person giving the notice prior to the giving of the notice.
(b) Notice need not be given to a person under subdivision (a) if the person’s interest has been satisfied pursuant to court order or as evidenced by the person’s written receipt.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1207.

1207. (a) Subject to subdivision (b), where notice is required to be given to a decedent’s beneficiaries, devisees, or heirs, notice need not be given to a person who, because of a possible parent-child relationship between a stepchild and a stepparent or between a foster child and a foster parent, may be (1) an heir of the decedent or (2) a member of a class to which a devise is made.
(b) Subdivision (a) does not apply where the person required to give the notice has actual knowledge of facts that a person would reasonably believe give rise under Section 6454 to the parent-child relationship between the stepchild and the stepparent or between the foster child and the foster parent.
(Amended by Stats. 1993, Ch. 529, Sec. 1. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1208.

1208. (a) Except as provided in subdivision (b), if notice is required to be given to a trust or trustee, notice to trust beneficiaries is not required.
(b) Subject to subdivision (c), where the personal representative and the trustee are the same person, or where no trustee has been appointed, notice shall be given to (1) each person to whom income or principal would be required or authorized in the trustee’s discretion to be currently distributed if the trust were in effect, or (2) if there are no such persons, to each person who, under the terms of the trust, would be entitled to any distribution if the trust were terminated at the time the notice is required to be given.
(c) Notice to trust beneficiaries is not required under subdivision (b) where the trust has more than one trustee and notice is given to a cotrustee who is not a personal representative.
(Amended by Stats. 1995, Ch. 730, Sec. 2. Effective January 1, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1209.

1209. (a) If notice is required to be given to the State of California, the notice shall be given to the Attorney General.
(b) If notice is required to be given to the Attorney General, the notice shall be delivered pursuant to Section 1215 to the Attorney General at the office of the Attorney General at Sacramento, California.
(Amended by Stats. 2017, Ch. 319, Sec. 14. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1210.

1210. If an interested person has a guardian or conservator of the estate who resides in this state, personal service on the guardian or conservator of any process, notice, or court order concerning a decedent’s estate is equivalent to service on the ward or conservatee, and it is the duty of the guardian or conservator to attend to the interests of the ward or conservatee in the matter. The guardian or conservator may appear for the ward or conservatee and waive any process, notice, or order to show cause that a person not under legal disability might waive.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1211.

1211. If a notice is required by this code and no other type of notice is prescribed by law, by the Judicial Council, or by the court or judge, the notice shall be in substantially the following form:
SUPERIOR COURT
OF THE STATE OF CALIFORNIA
FOR THE (CITY AND) COUNTY OF _______
Estate of __________________
No. _______
NOTICE OF HEARING
(If to be published, describe purport or character of the notice to be given.)
Notice is hereby given that (name of petitioner and representative capacity, if any) has filed herein a (nature of petition, application, report, or account), reference to which is made for further particulars, and that the time and place of hearing the same has been set for ______ (date) _____, at ______.m., in the courtroom (of Department No. _____, if any) of said court, at (the courthouse, or state other location of the court), in the City of ______, California.
Dated
, Clerk
By , Deputy Clerk
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1212.

1212. Unless the court dispenses with the notice, if the address of the person to whom a notice or other paper is required to be delivered pursuant to Section 1215 is not known, notice shall be given as the court may require in the manner provided in Section 413.30 of the Code of Civil Procedure.
(Amended by Stats. 2017, Ch. 319, Sec. 15. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1213.

1213. (a) The following persons shall deliver pursuant to Section 1215 a notice, as described in Section 1211, to a surety who has filed a court bond in a proceeding:
(1) A person who files a petition to surcharge.
(2) A person who files an objection to an account.
(3) A person who files a petition to suspend or remove a guardian, conservator, or personal representative.
(4) An attorney who files a motion to withdraw from representation of a guardian, conservator, or personal representative.
(b) Within five days after entry of an order to suspend or remove a guardian, conservator, or personal representative, the person who filed a petition to suspend or remove a guardian or, if the order to suspend or remove a guardian, conservator, or personal representative was issued upon a motion by the court, the court, shall notify pursuant to Section 1215 the surety who has filed a court bond of the order.
(c) The notice required by this section shall be delivered pursuant to Section 1215 to the addressee listed on the surety bond.
(d) Notwithstanding subdivisions (a) and (b), notice is not required to a surety pursuant to this section if the surety bond is for a guardian, conservator, or personal representative who is not the subject of the petition, motion, or order described in this section.
(Amended by Stats. 2017, Ch. 319, Sec. 16. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 1 - General Notice Provisions › Section 1214.

1214. If a notice or other paper is required or permitted to be served or delivered pursuant to Section 1215 to a person who is represented by an attorney of record, the notice or other paper shall also be delivered pursuant to Section 1215 to this attorney, unless otherwise specified in a request for special notice.
(Amended by Stats. 2017, Ch. 319, Sec. 17. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 2 - Mailing in General › Section 1215.

1215. Unless otherwise expressly provided, a notice or other paper that is required or permitted to be delivered to a person shall be delivered pursuant to one of the following methods:
(a) Delivery by mail.
(1) A notice or other paper shall be delivered by mail as follows:
(A) By first-class mail if the person’s address is within the United States. First-class mail includes certified, registered, and express mail.
(B) By international mail if the person’s address is not within the United States. International mail includes first-class mail international, priority mail international, priority mail express international, and global express guaranteed.
(2) The notice or other paper shall be deposited for collection in the United States mail, in a sealed envelope, with postage paid, addressed to the person to whom it is mailed.
(3) Subject to Section 1212, the notice or other paper shall be addressed to the person at the person’s place of business or place of residence.
(4) Delivery by mail is complete when the notice or other paper is deposited in the mail. The period of notice is not extended.
(b) Personal delivery.
(1) A notice or other paper may be delivered personally to that person.
(2) Personal delivery is complete when the notice or other paper is delivered personally to the person who is to receive it.
(c) Electronic delivery.
(1) A notice or other paper shall not be delivered by electronic means unless the person to receive notice has expressly consented on the appropriate Judicial Council form to receive electronic delivery in the proceeding before the court and has provided an electronic address for that express purpose.
(2) Electronic delivery is complete when the notice or other paper is sent. The period of notice is not extended.
(3) Electronic delivery is not permitted for a notice or other paper that requires delivery by certified or registered mail.
(Amended by Stats. 2017, Ch. 319, Sec. 18. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 2 - Mailing in General › Section 1217.

1217. If a notice or other paper is required to be served or otherwise given and no other manner of giving the notice or other paper is specified by statute, the notice or other paper shall be delivered pursuant to Section 1215.
(Amended by Stats. 2017, Ch. 319, Sec. 20. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 3 - Mailing Notice of Hearing › Section 1220.

1220. (a) If notice of hearing is required to be given as provided in this section:
(1) At least 15 days before the time set for the hearing, the petitioner or the person filing the report, account, or other paper shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to the persons required to be given notice.
(2) Unless the statute requiring notice specifies the persons to be given notice, notice shall be delivered pursuant to Section 1215 to all of the following:
(A) The personal representative.
(B) All persons who have requested special notice in the estate proceeding pursuant to Section 1250.
(3) Subject to Section 1212, the notice shall be delivered pursuant to Section 1215 to the person required to be given notice at the person’s place of business, place of residence, or electronic address.
(b) Subject to subdivision (c), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 6 (commencing with Section 1250).
(c) The court for good cause may dispense with the notice otherwise required to be given to a person as provided in this section.
(Amended by Stats. 2017, Ch. 319, Sec. 21. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 3 - Mailing Notice of Hearing › Section 1221.

1221. Where notice of hearing is required but no other period or manner is prescribed by statute, unless the period or manner of giving the notice is ordered by the court or judge, the notice of hearing shall be given for the period and in the manner provided in Section 1220.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 4 - Posting Notice of Hearing › Section 1230.

1230. Where notice of hearing is required to be posted as provided in this section:
(a) At least 15 days before the time set for the hearing, the court clerk shall cause a notice of the time and place of the hearing to be posted at the courthouse of the county where the proceedings are pending. If court is held at a place other than the county seat, the notice may be posted either at the courthouse of the county where the proceedings are pending or at the building where the court is held.
(b) The posted notice of hearing shall state all of the following:
(1) The name of the estate.
(2) The name of the petitioner.
(3) The nature of the petition, referring to the petition for further particulars.
(4) The time and place of the hearing of the petition.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 5 - Citations › Section 1240.

1240. Where use of a citation is authorized or required by statute, a citation may be issued by the court clerk on the application of any party, without a court order, except in cases where an order is expressly required by law.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 5 - Citations › Section 1241.

1241. The citation shall be directed to the person to be cited, signed by the court clerk, and issued under the seal of the court. The citation shall contain the title of the proceeding, a brief statement of the nature of the proceeding, and a direction that the person cited appear at a time and place specified.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 5 - Citations › Section 1242.

1242. The citation shall be served on the person cited in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. Except as otherwise provided by statute, the citation shall be served at least five days before its return day.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 6 - Request for Special Notice › Section 1250.

1250. (a) At any time after the issuance of letters in a proceeding under this code for the administration of a decedent’s estate, any person interested in the estate, whether as devisee, heir, creditor, beneficiary under a trust, or as otherwise interested, may, in person or by attorney, file with the court clerk a written request for special notice.
(b) The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.
(c) Special notice may be requested of one or more of the following matters:
(1) Petitions filed in the administration proceeding.
(2) Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3) Objections to an appraisal.
(4) Accounts of a personal representative.
(5) Reports of status of administration.
(d) Special notice may be requested of any matter in subdivision (c) by describing it, or of all the matters in subdivision (c) by referring generally to “the matters described in subdivision (c) of Section 1250 of the Probate Code” or by using words of similar meaning.
(e) A copy of the request shall be delivered pursuant to Section 1215 to the personal representative or to the attorney for the personal representative. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.
(f) If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
(Amended by Stats. 2017, Ch. 319, Sec. 22. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 6 - Request for Special Notice › Section 1251.

1251. A request for special notice under this chapter may be modified or withdrawn in the same manner as provided for the making of the initial request.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 6 - Request for Special Notice › Section 1252.

1252. (a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant to Section 1250 for special notice of a hearing, the person filing the petition, report, account, or other paper shall give written notice of the filing, together with a copy of the petition, report, account, or other paper, and the time and place set for the hearing, by delivering the documents pursuant to Section 1215 to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b) If a request has been made pursuant to Section 1250 for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
(Amended by Stats. 2017, Ch. 319, Sec. 23. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 7 - Proof of Giving Notice › Section 1260.

1260. (a) If notice of a hearing is required, proof of giving notice of the hearing shall be made to the satisfaction of the court at or before the hearing.
(b) If it appears to the satisfaction of the court that notice has been regularly given or that the party entitled to notice has waived it, the court shall so find in its order.
(c) The finding described in subdivision (b), when the order becomes final, is conclusive on all persons.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 7 - Proof of Giving Notice › Section 1261.

1261. Proof of mailing may be made in the manner prescribed in Section 1013a of the Code of Civil Procedure.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 7 - Proof of Giving Notice › Section 1262.

1262. Proof of publication may be made by the affidavit of the publisher or printer, or the foreman or principal clerk of the publisher or printer, showing the time and place of publication.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 7 - Proof of Giving Notice › Section 1263.

1263. Proof of posting may be made by the affidavit of the person who posted the notice.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 7 - Proof of Giving Notice › Section 1264.

1264. Proof of notice by personal delivery may be made by the affidavit of the person making the delivery showing the time and place of delivery and the name of the person to whom delivery was made.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 7 - Proof of Giving Notice › Section 1265.

1265. Proof of electronic delivery may be made in the manner prescribed in Section 1013b of the Code of Civil Procedure.
(Added by Stats. 2017, Ch. 319, Sec. 25. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 2 - NOTICES AND CITATIONS › CHAPTER 7 - Proof of Giving Notice › Section 1266.

1266. Proof of notice, however given, may be made by evidence presented at the hearing.
(Added by renumbering Section 1265 by Stats. 2017, Ch. 319, Sec. 24. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 3 - APPEALS › CHAPTER 1 - General › Section 1300.

1300. In all proceedings governed by this code, an appeal may be taken from the making of, or the refusal to make, any of the following orders:
(a) Directing, authorizing, approving, or confirming the sale, lease, encumbrance, grant of an option, purchase, conveyance, or exchange of property.
(b) Settling an account of a fiduciary.
(c) Authorizing, instructing, or directing a fiduciary, or approving or confirming the acts of a fiduciary.
(d) Directing or allowing payment of a debt, claim, or cost.
(e) Fixing, authorizing, allowing, or directing payment of compensation or expenses of an attorney.
(f) Fixing, directing, authorizing, or allowing payment of the compensation or expenses of a fiduciary.
(g) Surcharging, removing, or discharging a fiduciary.
(h) Transferring the property of the estate to a fiduciary in another jurisdiction.
(i) Allowing or denying a petition of the fiduciary to resign.
(j) Discharging a surety on the bond of a fiduciary.
(k) Adjudicating the merits of a claim made under Part 19 (commencing with Section 850) of Division 2.
(Amended by Stats. 2001, Ch. 417, Sec. 4. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 3 - APPEALS › CHAPTER 1 - General › Section 1301.

1301. With respect to guardianships, conservatorships, and other protective proceedings, the grant or refusal to grant the following orders is appealable:
(a) Granting or revoking of letters of guardianship or conservatorship, except letters of temporary guardianship or temporary conservatorship.
(b) Granting permission to the guardian or conservator to fix the residence of the ward or conservatee at a place not within this state.
(c) Directing, authorizing, approving, or modifying payments, whether for support, maintenance, or education of the ward or conservatee or for a person legally entitled to support, maintenance, or education from the ward or conservatee.
(d) Granting or denying a petition under Section 2423 or under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 of Division 4.
(e) Affecting the legal capacity of the conservatee pursuant to Chapter 4 (commencing with Section 1870) of Part 3 of Division 4.
(f) Adjudicating the merits of a claim under Article 5 (commencing with Section 2500) of Chapter 6 of Part 4 of Division 4.
(g) Granting or denying a petition under Chapter 3 (commencing with Section 3100) of Part 6 of Division 4.
(Amended by Stats. 2001, Ch. 417, Sec. 5. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 3 - APPEALS › CHAPTER 1 - General › Section 1301.5.

1301.5. The following rules apply with respect to the California Conservatorship Jurisdiction Act (Chapter 8 (commencing with Section 1980) of Part 3 of Division 4):
(a) (1) An appeal may be taken from an order assessing expenses against a party under Section 1997 if the amount exceeds five thousand dollars ($5,000).
(2) An order under Section 1997 assessing expenses of five thousand dollars ($5,000) or less against a party may be reviewed on an appeal by that party after entry of a final judgment or an appealable order in the conservatorship proceeding. At the discretion of the court of appeal, that type of order may also be reviewed upon petition for an extraordinary writ.
(b) An appeal may be taken from an order under Section 2001 denying a petition to transfer a conservatorship to another state.
(c) An appeal may be taken from a final order under Section 2002 accepting a transfer and appointing a conservator in this state.
(d) Notwithstanding any other law, an appeal may not be taken from either of the following until the court enters a final order under Section 2002 accepting the proposed transfer and appointing a conservator in this state:
(1) An order under Section 2002 determining whether or how to conform a conservatorship to the law of this state.
(2) An order that is made pursuant to a court review under Sections 1851.1 and 2002.
(Added by Stats. 2014, Ch. 553, Sec. 3. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 3 - APPEALS › CHAPTER 1 - General › Section 1302.

1302. With respect to a power of attorney governed by the Power of Attorney Law (Division 4.5 (commencing with Section 4000)), an appeal may be taken from any of the following:
(a) Any final order under Section 4541, except an order pursuant to subdivision (c) of Section 4541.
(b) An order dismissing the petition or denying a motion to dismiss under Section 4543.
(Amended by Stats. 1999, Ch. 658, Sec. 9. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 3 - APPEALS › CHAPTER 1 - General › Section 1302.5.

1302.5. With respect to an advance health care directive governed by the Health Care Decisions Law (Division 4.7 (commencing with Section 4600)), an appeal may be taken from any of the following:
(a) Any final order under Section 4766.
(b) An order dismissing the petition or denying a motion to dismiss under Section 4768.
(Added by Stats. 1999, Ch. 658, Sec. 10. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 3 - APPEALS › CHAPTER 1 - General › Section 1303.

1303. With respect to a decedent’s estate, the grant or refusal to grant the following orders is appealable:
(a) Granting or revoking letters to a personal representative, except letters of special administration or letters of special administration with general powers.
(b) Admitting a will to probate or revoking the probate of a will.
(c) Setting aside a small estate under Section 6609.
(d) Setting apart a probate homestead or property claimed to be exempt from enforcement of a money judgment.
(e) Granting, modifying, or terminating a family allowance.
(f) Determining heirship, succession, entitlement, or the persons to whom distribution should be made.
(g) Directing distribution of property.
(h) Determining that property passes to, or confirming that property belongs to, the surviving spouse under Section 13656.
(i) Authorizing a personal representative to invest or reinvest surplus money under Section 9732.
(j) Determining whether an action constitutes a contest under former Chapter 2 (commencing with Section 21320) of Part 3 of Division 11, as that chapter read prior to its repeal by Chapter 174 of the Statutes of 2008.
(k) Determining the priority of debts under Chapter 3 (commencing with Section 11440) of Part 9 of Division 7.
(l) Any final order under Chapter 1 (commencing with Section 20100) or Chapter 2 (commencing with Section 20200) of Division 10.
(Amended by Stats. 2009, Ch. 348, Sec. 5. (SB 308) Effective January 1, 2010.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 3 - APPEALS › CHAPTER 1 - General › Section 1304.

1304. With respect to a trust, the grant or denial of the following orders is appealable:
(a) Any final order under Chapter 3 (commencing with Section 17200) of Part 5 of Division 9, except the following:
(1) Compelling the trustee or trust director to submit an account or report acts as trustee or trust director, respectively.
(2) Accepting the resignation of the trustee or trust director.
(b) Any final order under Chapter 2 (commencing with Section 19020) of Part 8 of Division 9.
(c) Any final order under Chapter 1 (commencing with Section 20100) and Chapter 2 (commencing with Section 20200) of Division 10.
(d) Determining whether an action constitutes a contest under former Chapter 2 (commencing with Section 21320) of Part 3 of Division 11, as that chapter read prior to its repeal by Chapter 174 of the Statutes of 2008.
(Amended by Stats. 2023, Ch. 721, Sec. 2. (SB 801) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 3 - APPEALS › CHAPTER 2 - Effect of an Appeal › Section 1310.

1310. (a) Except as provided in subdivisions (b), (c), (d), and (e), an appeal pursuant to Chapter 1 (commencing with Section 1300) stays the operation and effect of the judgment or order.
(b) Notwithstanding that an appeal is taken from the judgment or order, for the purpose of preventing injury or loss to a person or property, the trial court may direct the exercise of the powers of the fiduciary, or may appoint a temporary guardian or conservator of the person or estate, or both, or a special administrator or temporary trustee, to exercise the powers, from time to time, as if no appeal were pending. All acts of the fiduciary pursuant to the directions of the court made under this subdivision are valid, irrespective of the result of the appeal. An appeal of the directions made by the court under this subdivision shall not stay these directions.
(c) In proceedings for guardianship of the person, Section 917.7 of the Code of Civil Procedure shall apply.
(d) An appeal shall not stay the operation and effect of the judgment or order if the court requires an undertaking, as provided in Section 917.9 of the Code of Civil Procedure, and the undertaking is not given.
(e) An appeal shall not stay the operation and effect of a judgment for money or an order directing payment of money, unless one of the following applies:
(1) A bond is posted as provided in Section 917.1 of the Code of Civil Procedure.
(2) The payment is to be made from a decedent’s estate being administered under Division 7 (commencing with Section 7000) or from the estate of a person who is subject to a guardianship or conservatorship of the estate under Division 4 (commencing with Section 1400). However, a court may require a bond as provided in subdivision (d).
(Amended by Stats. 2010, Ch. 94, Sec. 1. (AB 2271) Effective January 1, 2011.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 3 - APPEALS › CHAPTER 2 - Effect of an Appeal › Section 1311.

1311. If an order appointing a fiduciary is reversed on appeal for error, all acts of the fiduciary performed after issuance of letters and prior to the reversal are as valid as though the order were affirmed and the person appointed is not liable for any otherwise proper act done in good faith before the reversal, nor is any transaction void by reason of the reversal if entered into with a third person dealing in good faith and for value.
(Added by Stats. 1997, Ch. 724, Sec. 11. Effective January 1, 1998.)
2023 California Code › Probate Code - PROB › DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE › PART 3 - APPEALS › CHAPTER 2 - Effect of an Appeal › Section 1312.

1312. Notwithstanding the repeal of former Section 1297 by Chapter 1199 of the Statutes of 1988, an appeal may be taken from an order or the refusal to make an order fixing an inheritance tax or determining that none is due.
(Added by Stats. 1997, Ch. 724, Sec. 11. Effective January 1, 1998.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 1400.

1400. The portion of this division consisting of Part 1 (commencing with Section 1400), Part 2 (commencing with Section 1500), Part 3 (commencing with Section 1800), and Part 4 (commencing with Section 2100) may be cited as the Guardianship-Conservatorship Law.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 1401.

1401. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 1403.

1403. “Absentee” means either of the following:
(a) A member of a uniformed service covered by United States Code, Title 37, Chapter 10, who is determined thereunder by the secretary concerned, or by the authorized delegate thereof, to be in missing status as missing status is defined therein.
(b) An employee of the United States government or an agency thereof covered by United States Code, Title 5, Chapter 55, Subchapter VII, who is determined thereunder by the head of the department or agency concerned, or by the authorized delegate thereof, to be in missing status as missing status is defined therein.
(Enacted by Stats. 1990, Ch. 79.)