reglab/statecodes huggingface dataset:
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 5 - Bond › Section 8480.

8480. (a) Except as otherwise provided by statute, every person appointed as personal representative shall, before letters are issued, give a bond approved by the court. If two or more persons are appointed, the court may require either a separate bond from each or a joint and several bond. If a joint bond is furnished, the liability on the bond is joint and several.
(b) The bond shall be for the benefit of interested persons and shall be conditioned on the personal representative’s faithful execution of the duties of the office according to law.
(c) If the person appointed as personal representative fails to give the required bond, letters shall not be issued. If the person appointed as personal representative fails to give a new, additional, or supplemental bond, or to substitute a sufficient surety, under court order, the person may be removed from office.
(Amended by Stats. 1998, Ch. 77, Sec. 3. Effective January 1, 1999.)
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 5 - Bond › Section 8481.

8481. (a) A bond is not required in either of the following cases:
(1) The will waives the requirement of a bond.
(2) All beneficiaries waive in writing the requirement of a bond and the written waivers are attached to the petition for appointment of a personal representative. This paragraph does not apply if the will requires a bond.
(b) Notwithstanding the waiver of a bond by a will or by all the beneficiaries, on petition of any interested person or on its own motion, the court may for good cause require that a bond be given, either before or after issuance of 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 5 - Bond › Section 8482.

8482. (a) The court in its discretion may fix the amount of the bond, but the amount of the bond shall be not more than the sum of:
(1) The estimated value of the personal property.
(2) The probable annual gross income of the estate.
(3) If independent administration is granted as to real property, the estimated value of the decedent’s interest in the real property.
(b) Notwithstanding subdivision (a), if the bond is given by an admitted surety insurer, the court may establish a fixed minimum amount for the bond, based on the minimum premium required by the admitted surety insurer.
(c) If the bond is given by personal sureties, the amount of the bond shall be twice the amount fixed by the court under subdivision (a).
(d) Before confirming a sale of real property the court shall require such additional bond as may be proper, not exceeding the maximum requirements of this section, treating the expected proceeds of the sale as personal 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 5 - Bond › Section 8483.

8483. (a) This section applies where property in the estate has been deposited pursuant to Chapter 3 (commencing with Section 9700) of Part 5 on condition that the property, including any earnings thereon, will not be withdrawn except on authorization of the court.
(b) In a proceeding to determine the amount of the bond of the personal representative (whether at the time of appointment or subsequently), on production of a receipt showing the deposit of property of the estate in the manner described in subdivision (a), the court may order that the property shall not be withdrawn except on authorization of the court and may, in its discretion, do either of the following:
(1) Exclude the property in determining the amount of the required bond or reduce the amount of the bond to an amount the court determines is reasonable.
(2) If a bond has already been given or the amount fixed, reduce the amount to an amount the court determines is reasonable.
(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 5 - Bond › Section 8484.

8484. If a personal representative petitions to have the amount of the bond reduced, the petition shall include an affidavit setting forth the condition of the estate and notice of hearing shall be given as provided in Section 1220.
(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 5 - Bond › Section 8485.

8485. A personal representative who petitions for substitution or release of a surety shall file with the petition an account in the form provided in Section 10900. The court shall not order a substitution or release unless the account is approved.
(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 5 - Bond › Section 8486.

8486. The personal representative shall be allowed the reasonable cost of the bond for every year it remains in force.
(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 5 - Bond › Section 8487.

8487. The provisions of the Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure) apply to a bond given under this division, except to the extent this division is inconsistent.
(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 5 - Bond › Section 8488.

8488. (a) In case of a breach of a condition of the bond, an action may be brought against the sureties on the bond for the use and benefit of the decedent’s estate or of any person interested in the estate.
(b) No action may be maintained against the sureties on the bond of the personal representative unless commenced within four years from the discharge or removal of the personal representative or within four years from the date the order surcharging the personal representative becomes final, whichever is later.
(c) In any case, and notwithstanding subdivision (c) of Section 7250, no action may be maintained against the sureties on the bond unless commenced within six years from the date the judgment under Section 7250 or the later of the orders under subdivision (b) of this section becomes final.
(Amended by Stats. 1994, Ch. 806, Sec. 27. 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 6 - Removal From Office › Section 8500.

8500. (a) Any interested person may petition for removal of the personal representative from office. A petition for removal may be combined with a petition for appointment of a successor personal representative under Article 7 (commencing with Section 8520). The petition shall state facts showing cause for removal.
(b) On a petition for removal, or if the court otherwise has reason to believe from the court’s own knowledge or from other credible information, whether on the settlement of an account or otherwise, that there are grounds for removal, the court shall issue a citation to the personal representative to appear and show cause why the personal representative should not be removed. The court may suspend the powers of the personal representative and may make such orders as are necessary to deal with the property pending the hearing.
(c) Any interested person may appear at the hearing and file a written declaration showing that the personal representative should be removed or retained. The personal representative may demur to or answer the declaration. The court may compel the attendance of the personal representative and may compel the personal representative to answer questions, on oath, concerning the administration of the estate. Failure to attend or answer is cause for removal of the personal representative from office.
(d) The issues shall be heard and determined by the court. If the court is satisfied from the evidence that the citation has been duly served and cause for removal exists, the court shall remove the personal representative from office.
(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 6 - Removal From Office › Section 8501.

8501. On removal of a personal representative from office, the court shall revoke any letters issued to the personal representative, and the authority of the personal representative ceases.
(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 6 - Removal From Office › Section 8502.

8502. A personal representative may be removed from office for any of the following causes:
(a) The personal representative has wasted, embezzled, mismanaged, or committed a fraud on the estate, or is about to do so.
(b) The personal representative is incapable of properly executing the duties of the office or is otherwise not qualified for appointment as personal representative.
(c) The personal representative has wrongfully neglected the estate, or has long neglected to perform any act as personal representative.
(d) Removal is otherwise necessary for protection of the estate or interested persons.
(e) Any other cause provided by statute.
(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 6 - Removal From Office › Section 8503.

8503. (a) Subject to subdivision (b), an administrator may be removed from office on the petition of the surviving spouse or a relative of the decedent entitled to succeed to all or part of the estate, or the nominee of the surviving spouse or relative, if such person is higher in priority than the administrator.
(b) The court in its discretion may refuse to grant the petition:
(1) Where the petition is by a person or the nominee of a person who had actual notice of the proceeding in which the administrator was appointed and an opportunity to contest the appointment.
(2) Where to do so would be contrary to the sound administration of the estate.
(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 6 - Removal From Office › Section 8504.

8504. (a) After appointment of an administrator on the ground of intestacy, the personal representative shall be removed from office on the later admission to probate of a will.
(b) After appointment of an executor or administrator with the will annexed, the personal representative shall be removed from office on admission to probate of a later 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 6 - Removal From Office › Section 8505.

8505. (a) A personal representative may be removed from office if the personal representative is found in contempt for disobeying an order of the court.
(b) Notwithstanding any other provision of this article, a personal representative may be removed from office under this section by a court order reciting the facts and without further showing or notice.
(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 7 - Changes in Administration › Section 8520.

8520. A vacancy occurs in the office of a personal representative who resigns, dies, or is removed from office under Article 6 (commencing with Section 8500), or whose authority is otherwise terminated.
(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 7 - Changes in Administration › Section 8521.

8521. (a) Unless the will provides otherwise or the court in its discretion orders otherwise, if a vacancy occurs in the office of fewer than all personal representatives, the remaining personal representatives shall complete the administration of the estate.
(b) The court, on the filing of a petition alleging that a vacancy has occurred in the office of fewer than all personal representatives, may order the clerk to issue appropriate amended letters to the remaining personal representatives.
(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 7 - Changes in Administration › Section 8522.

8522. (a) If a vacancy occurs in the office of a personal representative and there are no other personal representatives, the court shall appoint a successor personal representative.
(b) Appointment of a successor personal representative shall be made on petition and notice shall be delivered to interested persons in the manner provided in Article 2 (commencing with Section 8110) of Chapter 2, and shall be subject to the same priority as for an original appointment of a personal representative. The personal representative of a deceased personal representative is not, as such, entitled to appointment as successor personal representative.
(Amended by Stats. 2017, Ch. 319, Sec. 69. (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 4 - Appointment of Personal Representative › ARTICLE 7 - Changes in Administration › Section 8523.

8523. The court may make orders that are necessary to deal with the estate of the decedent between the time a vacancy occurs in the office of personal representative and appointment of a successor. Those orders may include appointment of a special 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 7 - Changes in Administration › Section 8524.

8524. (a) A successor personal representative is entitled to demand, sue for, recover and collect all the estate of the decedent remaining unadministered, and may prosecute to final judgment any suit commenced by the former personal representative before the vacancy.
(b) No notice, process, or claim given to or served on the former personal representative need be given to or served on the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative.
(c) Except as provided in subdivision (b) of Section 8442 (authority of administrator with will annexed) or as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration that the former personal representative would have had.
(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 7 - Changes in Administration › Section 8525.

8525. (a) The acts of the personal representative before a vacancy occurs are valid to the same extent as if no vacancy had later occurred.
(b) The liability of a personal representative whose office is vacant, or of the surety on the bond, is not discharged, released, or affected by the vacancy or by appointment of a successor, but continues until settlement of the accounts of the personal representative and delivery of all the estate of the decedent to the successor personal representative or other person appointed by the court to receive it. The personal representative shall render an account of the administration within the time that the court directs.
(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 8 - Special Administrators › Section 8540.

8540. (a) If the circumstances of the estate require the immediate appointment of a personal representative, the court may appoint a special administrator to exercise any powers that may be appropriate under the circumstances for the preservation of the estate.
(b) The appointment may be for a specified term, to perform particular acts, or on any other terms specified in the court order.
(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 8 - Special Administrators › Section 8541.

8541. (a) Appointment of a special administrator may be made at any time without notice or on such notice to interested persons as the court deems reasonable.
(b) In making the appointment, the court shall ordinarily give preference to the person entitled to appointment as personal representative. The court may appoint the public administrator.
(c) In the case of an appointment to perform a particular act, request for approval of the act may be included in the petition for appointment, and approval may be made on the same notice and at the same time as the appointment.
(d) The court may act, if necessary, to remedy any errors made in the 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 8 - Special Administrators › Section 8542.

8542. (a) The clerk shall issue letters to the special administrator after both of the following conditions are satisfied:
(1) The special administrator gives any bond that may be required by the court under Section 8480.
(2) The special administrator takes the usual oath attached to or endorsed on the letters.
(b) Subdivision (a) does not apply to the public administrator.
(c) The letters of a special administrator appointed to perform a particular act shall include a notation of the particular act the special administrator was appointed to perform.
(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 8 - Special Administrators › Section 8543.

8543. Subject to subdivision (b) of Section 8481, the court shall direct that no bond be given in either of the following cases:
(a) The will waives the requirement of a bond and the person named as executor in the will is appointed special administrator.
(b) All beneficiaries waive in writing the requirement of a bond and the written waivers are attached to the petition for appointment of the special administrator. This paragraph does not apply if the will requires a bond.
(Enacted by Stats. 1990, Ch. 79.)
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 8 - Special Administrators › Section 8544.

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

8545. (a) Notwithstanding Section 8544, the court may grant a special administrator the same powers, duties, and obligations as a general personal representative where to do so appears proper. Notwithstanding Section 8541, if letters have not previously been issued to a general personal representative, the grant shall be on the same notice required under Section 8003 for appointment of a personal representative, unless the appointment is made at a hearing on a petition for appointment of a general personal representative and the notice of that petition required under Section 8003 has been given.
(b) Subject to Section 8543, the court may require as a condition of the grant that the special administrator give any additional bond that the court deems proper. From the time of approving and filing any required additional bond, the special administrator shall have the powers, duties, and obligations of a general personal representative.
(c) If a grant is made under this section, the letters shall recite that the special administrator has the powers, duties, and obligations of a general personal representative.
(Amended by Stats. 1994, Ch. 806, Sec. 28. Effective January 1, 1995.)
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 8 - Special Administrators › Section 8546.

8546. (a) The powers of a special administrator cease on issuance of letters to a general personal representative or as otherwise directed by the court.
(b) The special administrator shall promptly deliver to the general personal representative:
(1) All property of the estate in the possession of the special administrator. The court may authorize the special administrator to complete a sale or other transaction affecting property in the possession of the special administrator.
(2) A list of all creditor claims of which the special administrator has knowledge. The list shall show the name and address of each creditor, the amount of the claim, and what action has been taken with respect to the claim. A copy of the list shall be filed in the court.
(c) The special administrator shall account in the same manner as a general personal representative is required to account. If the same person acts as both special administrator and general personal representative, the account of the special administrator may be combined with the first account of the general personal representative.
(Enacted by Stats. 1990, Ch. 79.)
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 8 - Special Administrators › Section 8547.

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

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

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

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

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

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

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

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

8577. (a) Failure of a nonresident personal representative to comply with Section 8573 is cause for removal from office.
(b) Nothing in this section limits the liability of, or the availability of any other remedy against, a nonresident personal representative who is removed from office under this section.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 1 - General Provisions › Section 8800.

8800. (a) The personal representative shall file with the court clerk an inventory of property to be administered in the decedent’s estate together with an appraisal of property in the inventory. An inventory and appraisal shall be combined in a single document.
(b) The inventory and appraisal shall be filed within four months after letters are first issued to a general personal representative. The court may allow such further time for filing an inventory and appraisal as is reasonable under the circumstances of the particular case.
(c) The personal representative may file partial inventories and appraisals where appropriate under the circumstances of the particular case, but all inventories and appraisals shall be filed before expiration of the time allowed under subdivision (b).
(d) Concurrent with the filing of the inventory and appraisal pursuant to this section, the personal representative shall also file a certification that the requirements of Section 480 of the Revenue and Taxation Code either:
(1) Are not applicable because the decedent owned no real property in California at the time of death.
(2) Have been satisfied by the filing of a change in ownership statement with the county recorder or assessor of each county in California in which the decedent owned property at the time of death.
(Amended by Stats. 1992, Ch. 1180, Sec. 1. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 1 - General Provisions › Section 8801.

8801. If the personal representative acquires knowledge of property to be administered in the decedent’s estate that is not included in a prior inventory and appraisal, the personal representative shall file a supplemental inventory and appraisal of the property in the manner prescribed for an original inventory and appraisal. The supplemental inventory and appraisal shall be filed within four months after the personal representative acquires knowledge of the property. The court may allow such further time for filing a supplemental inventory and appraisal as is reasonable under the circumstances of the particular case.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 1 - General Provisions › Section 8802.

8802. The inventory and appraisal shall separately list each item and shall state the fair market value of the item at the time of the decedent’s death in monetary terms opposite the item.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 1 - General Provisions › Section 8803.

8803. On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal representative shall, pursuant to Section 1252, deliver a copy to each person who has requested special notice.
(Amended by Stats. 2017, Ch. 319, Sec. 70. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 1 - General Provisions › Section 8804.

8804. If the personal representative refuses or negligently fails to file an inventory and appraisal within the time allowed under this chapter, upon petition of an interested person:
(a) The court may compel the personal representative to file an inventory and appraisal pursuant to the procedure prescribed in Chapter 4 (commencing with Section 11050) of Part 8.
(b) The court may remove the personal representative from office.
(c) The court may impose on the personal representative personal liability for injury to the estate or to an interested person that directly results from the refusal or failure. The liability may include attorney’s fees, in the court’s discretion. Damages awarded pursuant to this subdivision are a liability on the bond of the personal representative, if any.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 2 - Inventory › ARTICLE 1 - General Provisions › Section 8850.

8850. (a) The inventory, including partial and supplemental inventories, shall include all property to be administered in the decedent’s estate.
(b) The inventory shall particularly specify the following property:
(1) Money owed to the decedent, including debts, bonds, and notes, with the name of each debtor, the date, the sum originally payable, and the endorsements, if any, with their dates. The inventory shall also specify security for the payment of money to the decedent, including mortgages and deeds of trust. If security for the payment of money is real property, the inventory shall include the recording reference or, if not recorded, a legal description of the real property.
(2) A statement of the interest of the decedent in a partnership, appraised as a single item.
(3) All money and other cash items, as defined in Section 8901, of the decedent.
(c) The inventory shall show, to the extent ascertainable by the personal representative, the portions of the property that are community, quasi-community, and separate property of the decedent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 2 - Inventory › ARTICLE 1 - General Provisions › Section 8851.

8851. The discharge or devise in a will of any debt or demand of the testator against the executor or any other person is not valid against creditors of the testator, but is a specific devise of the debt or demand. The debt or demand shall be included in the inventory. If necessary, the debt or demand shall be applied in the payment of the debts of the testator. If not necessary for that purpose, the debt or demand shall be distributed in the same manner and proportion as other specific devises.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 2 - Inventory › ARTICLE 1 - General Provisions › Section 8852.

8852. (a) The personal representative shall take and subscribe an oath that the inventory contains a true statement of the property to be administered in the decedent’s estate of which the personal representative has knowledge, and particularly of money of the decedent and debts or demands of the decedent against the personal representative. The oath shall be endorsed upon or attached to the inventory.
(b) If there is more than one personal representative, each shall take and subscribe the oath. If the personal representatives are unable to agree as to property to be included in the inventory, any personal representative may petition for a court order determining whether the property is to be administered in the decedent’s estate. The determination shall be made pursuant to the procedure provided in Part 19 (commencing with Section 850) of Division 2 or, if there is an issue of property belonging or passing to the surviving spouse, pursuant to Chapter 5 (commencing with Section 13650) of Part 2 of Division 8.
(Amended by Stats. 2003, Ch. 32, Sec. 7. Effective January 1, 2004.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 2 - Inventory › ARTICLE 2 - Discovery of Property of Decedent › Section 8870.

8870. (a) On petition by the personal representative or an interested person, the court may order that a citation be issued to a person to answer interrogatories, or to appear before the court and be examined under oath, or both, concerning any of the following allegations:
(1) The person has wrongfully taken, concealed, or disposed of property in the estate of the decedent.
(2) The person has knowledge or possession of any of the following:
(A) A deed, conveyance, bond, contract, or other writing that contains evidence of or tends to disclose the right, title, interest, or claim of the decedent to property.
(B) A claim of the decedent.
(C) A lost will of the decedent.
(b) If the person does not reside in the county in which the estate is being administered, the superior court either of the county in which the person resides or of the county in which the estate is being administered may issue a citation under this section.
(c) Disobedience of a citation issued pursuant to this section may be punished as a contempt of the court issuing the citation.
(d) Notice to the personal representative of a proceeding under subdivision (a) shall be given for the period and in the manner provided in Section 1220. Other persons requesting notice of the hearing pursuant to Section 1250 shall be notified by the person filing the petition as set forth in Section 1252.
(Amended by Stats. 1996, Ch. 563, Sec. 23. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 2 - Inventory › ARTICLE 2 - Discovery of Property of Decedent › Section 8871.

8871. Interrogatories may be put to a person cited to answer interrogatories pursuant to Section 8870. The interrogatories and answers shall be in writing. The answers shall be signed under penalty of perjury by the person cited. The interrogatories and answers shall be filed with the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 2 - Inventory › ARTICLE 2 - Discovery of Property of Decedent › Section 8872.

8872. (a) At an examination witnesses may be produced and examined on either side.
(b) If upon the examination it appears that the allegations of the petition are true, the court may order the person to disclose the person’s knowledge of the facts to the personal representative.
(c) If upon the examination it appears that the allegations of the petition are not true, the person’s necessary expenses, including a reasonable attorney’s fee, shall be charged against the petitioner or allowed out of the estate, in the discretion of the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 2 - Inventory › ARTICLE 2 - Discovery of Property of Decedent › Section 8873.

8873. (a) On petition by the personal representative, the court may issue a citation to a person who has possession or control of property in the decedent’s estate to appear before the court and make an account under oath of the property and the person’s actions with respect to the property.
(b) Disobedience of a citation issued pursuant to this section may be punished as a contempt of the court issuing the citation.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 1 - Procedure › Section 8900.

8900. The appraisal of property in the inventory shall be made by the personal representative, probate referee, or independent expert as provided in this chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 3 - INVENTORY AND APPRAISAL › CHAPTER 3 - Appraisal › ARTICLE 1 - Procedure › Section 8901.

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