Law:Division 3. General Provisions Of A Procedural Nature (California)

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Contents

Part 1. General Provisions

Chapter 1. Rules Of Practice

Ca Codes (prob:1000-1004) Probate Code Section 1000-1004



1000. Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and proceedings under Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice in, proceedings under this code. All issues of fact joined in probate proceedings shall be tried in conformity with the rules of practice in civil actions.


1001. (a) The Judicial Council may provide by rule for the practice and procedure under this code. Unless disapproved by the Judicial Council, a court may provide by local rule for the practice and procedure under this code. Judicial Council and local court rules shall be consistent with the applicable statutes. (b) The Judicial Council may prescribe the form of the applications, notices, orders, and other documents required by this code. Any form prescribed by the Judicial Council is deemed to comply with this code.


1002. Unless it is otherwise provided by this code or by rules adopted by the Judicial Council, either the superior court or the court on appeal may, in its discretion, order costs to be paid by any party to the proceedings, or out of the assets of the estate, as justice may require.


1003. (a) The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate: (1) A minor. (2) An incapacitated person. (3) An unborn person. (4) An unascertained person. (5) A person whose identity or address is unknown. (6) A designated class of persons who are not ascertained or are not in being. (b) If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. (c) The reasonable expenses of the guardian ad litem, including compensation and attorney's fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from such other source as the court orders.

1003.5. The public guardian shall not be appointed as a guardian ad litem pursuant to Section 1003 unless the court, after reasonable notice and inquiry, finds that no other qualified person is willing to act as a guardian ad litem.

1004. If a proceeding under this code affects the title to or the right of possession of real property, notice of the pendency of the proceeding may be filed pursuant to Title 4.5 (commencing with Section 405) of Part 2 of the Code of Civil Procedure.


Chapter 2. Petitions And Other Papers

Ca Codes (prob:1020-1023) Probate Code Section 1020-1023



1020. Except as provided in Section 1023, a petition, objection, response, report, or account filed pursuant to this code shall be in writing, signed by all of the petitioners, objectors, or respondents or by all of the persons making the report or account, and filed with the court clerk. Verification of a document shall constitute signature of that document, unless expressly provided to the contrary.


1021. (a) All of the following shall be verified: (1) A petition, report, or account filed pursuant to this code. (2) An objection or response filed pursuant to this code to a petition, report, or account. (b) Except as provided in Section 1023, the verification shall be made as follows: (1) A petition shall be verified by the petitioner or, if there are two or more parties joining in the petition, by any of them. (2) A report or account shall be verified by the person who has the duty to make the report or account or, if there are two or more persons having a duty to make the report or account, by any of them. (3) An objection or response shall be verified by the objector or respondent or, if there are two or more parties joining in the objection or response, by any of them.


1022. An affidavit or verified petition shall be received as evidence when offered in an uncontested proceeding under this code.


1023. If a petitioner, objector, or respondent is absent from the county or for some other cause is unable to sign or verify a petition, objection, or response filed pursuant to this code, the person's attorney may sign or verify the petition, objection, or response unless the person is a fiduciary appointed in the proceeding.


Chapter 3. Hearings And Orders

Ca Codes (prob:1040-1051) Probate Code Section 1040-1051



1040. This chapter governs the hearing of all matters under this code, except where the statute that provides for the hearing of the matter prescribes a different procedure.


1041. When a petition, report, account, or other matter that requires a hearing is filed with the court clerk, the clerk shall set the matter for hearing.

1042. A hearing under this code shall be on notice unless the statute that provides for the hearing dispenses with notice.


1043. (a) An interested person may appear and make a response or objection in writing at or before the hearing. (b) An interested person may appear and make a response or objection orally at the hearing. The court in its discretion shall either hear and determine the response or objection at the hearing, or grant a continuance for the purpose of allowing a response or objection to be made in writing. (c) A request for a continuance for the purpose of making a written response or objection shall not itself be considered as a response or objection, nor shall the failure to make a response or objection during the time allowed be considered as a response or objection.


1044. The petitioner or other party affirming is the plaintiff and the party objecting or responding is the defendant.


1045. The court may continue or postpone any hearing, from time to time, in the interest of justice.


1046. The court shall hear and determine any matter at issue and any response or objection presented, consider evidence presented, and make appropriate orders.


1047. Except as otherwise provided in this code, an order made in a proceeding under this code need not recite the existence of facts, or the performance of acts, upon which jurisdiction depends, but need only contain the matters ordered.


1048. (a) Except as provided in subdivision (b), orders shall be either entered at length in the minute book of the court or signed by the judge and filed. (b) An order for distribution shall be entered at length in a judgment book or other permanent record of the court.


1049. An order may be enforced as provided in Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure.


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, mailing, or personal delivery 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.


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 his or her duties and responsibilities, and (2) a person who is the subject of a conservatorship or guardianship proceeding under Division 4 (commencing with Section 1400). Any action by the court pursuant to this subdivision 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. (c) The Judicial Council shall, on or before January 1, 2008, adopt a rule of court to implement this section. (d) Subdivisions (a) and (b) of this section shall become operative on January 1, 2008. (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.


Chapter 4. Accounts

Ca Codes (prob:1060-1064) Probate Code Section 1060-1064



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.


1060.5. This chapter shall be operative on and after July 1, 1997.


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.


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.


1063. (a) In all accounts, there shall be an additional schedule showing the estimated market value of the assets on hand as of the end of the accounting period, and a schedule of the estimated market value of the assets on hand as of the beginning of the accounting period for all accounts subsequent to the initial account. The requirement of an estimated value of real estate, a closely held business, or other assets without a ready market, may be satisfied by a good faith estimate by the fiduciary. (b) If there were purchases or other changes in the form of assets occurring during the period of the account, there shall be a schedule showing these transactions. However, no reporting is required for transfers between cash or accounts in a financial institution or money market mutual funds as defined in subdivision (d) of Section 8901. (c) If an estate of a decedent or a trust will be distributed to an income beneficiary, there shall be a schedule showing an allocation of receipts and disbursements between principal and income. (d) If there is specifically devised property, there shall be an additional schedule accounting for income, disbursements, and proceeds of sale pursuant to Section 12002 and subdivision (a) of Section 16340. (e) If any interest has been paid or is to be paid under Section 12003, 12004, or 12005, or subdivision (b) of Section 16340, there shall be a schedule showing the calculation of the interest. (f) If the accounting contemplates a proposed distribution, there shall be a schedule setting forth the proposed distribution, including the allocation of income required under Section 12006. If the distribution requires an allocation between trusts, the allocation shall be set forth on the schedule, unless the allocation is to be made by a trustee after receipt of the assets. If the distribution requires valuation of assets as of the date of distribution, the schedule shall set forth the fair market value of those assets. (g) If, at the end of the accounting period, there are liabilities of the estate or trust, except current or future periodic payments, including rent, salaries, utilities, or other recurring expenses, there shall be a schedule showing all of the following: (1) All liabilities which are a lien on estate or trust assets. (2) Taxes due but unpaid as shown on filed returns or assessments received subsequent to filing of returns. (3) All notes payable. (4) Any judgments for which the estate or trust is liable. (5) Any other material liability. (h) If the guardian or conservator has knowledge of any real property of the conservatee or ward located in a foreign jurisdiction, the guardian or conservator shall include an additional schedule that identifies the real property, provides a good faith estimate of the fair market value of the real property, and states what action, if any, will or has been taken to preserve and protect the real property, including a recommendation whether an ancillary proceeding is necessary to preserve and protect the real property.


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.


Part 2. Notices And Citations

Chapter 1. General Notice Provisions

Ca Codes (prob:1200-1214) Probate Code Section 1200-1214



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.

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.


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.

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.


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.


1205. If a hearing is continued or postponed, no further notice of the continued or postponed hearing is required unless ordered by the court.

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.


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.


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.


1209. (a) Where notice is required to be given to the State of California, the notice shall be given to the Attorney General. (b) Where notice is required to be given to the Attorney General, the notice shall be mailed to the Attorney General at the office of the Attorney General at Sacramento, California.


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.


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


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 mailed or delivered 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.

1213. (a) The following persons shall mail 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 the surety who has filed a court bond of the order by first-class mail, postage prepaid. (c) The notice required by this section shall be mailed to the address 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.


1214. If a notice or other paper is required or permitted to be mailed, delivered, served, or otherwise given to a person who is represented by an attorney of record, the notice or other paper shall also be mailed to this attorney, unless otherwise specified in a request for special notice.


Chapter 2. Mailing In General

Ca Codes (prob:1215-1217) Probate Code Section 1215-1217



1215. Unless otherwise expressly provided: (a) If a notice or other paper is required or permitted to be mailed to a person, the notice or other paper shall be mailed as provided in this section or personally delivered as provided in Section 1216. (b) The notice or other paper shall be sent by: (1) First-class mail if the person's address is within the United States. First-class mail includes certified, registered, and express mail. (2) Airmail if the person's address is not within the United States. (c) 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. (d) 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. (e) When the notice or other paper is deposited in the mail, mailing is complete and the period of notice is not extended.


1216. (a) If a notice or other paper is required or permitted to be mailed to a person, it may be delivered personally to that person. Personal delivery as provided in this section satisfies a provision that requires or permits a notice or other paper to be mailed. (b) Personal delivery pursuant to this section is complete when the notice or other paper is delivered personally to the person who is to receive it.


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 mailed or personally delivered as provided in this chapter.


Chapter 3. Mailing Notice Of Hearing

Ca Codes (prob:1220-1221) Probate Code Section 1220-1221



1220. (a) When 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 mailed to the persons required to be given notice. (2) Unless the statute requiring notice specifies the persons to be given notice, notice shall be mailed 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 addressed to the person required to be given notice at the person's place of business or place of residence. (b) Subject to subdivision (c), nothing in this section excuses 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.

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.


Chapter 4. Posting Notice Of Hearing

Ca Codes (prob:1230) Probate Code 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.


Chapter 5. Citations

Ca Codes (prob:1240-1242) Probate Code Section 1240-1242



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.

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.


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.


Chapter 6. Request For Special Notice

Ca Codes (prob:1250-1252) Probate Code Section 1250-1252



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 sent. (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 personally delivered or mailed 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, the request is effective when it is received. (f) When the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.

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.

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 mail 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 mailed not later than 15 days after the inventory and appraisal or other paper is filed with the court.


Chapter 7. Proof Of Giving Notice

Ca Codes (prob:1260-1265) Probate Code Section 1260-1265



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.


1261. Proof of mailing may be made in the manner prescribed in Section 1013a of the Code of Civil Procedure.


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.


1263. Proof of posting may be made by the affidavit of the person who posted the notice.


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.

1265. Proof of notice, however given, may be made by evidence presented at the hearing.


Part 3. Appeals

Chapter 1. General

Ca Codes (prob:1300-1304) Probate Code Section 1300-1304



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.


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.

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.


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.


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.


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 to submit an account or report acts as trustee. (2) Accepting the resignation of the trustee. (b) Any final order under Chapter 2 (commencing with Section 19020) of Part 8 of Division 9. (c) Any final order under Part 1 (commencing with Section 20100) and Part 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.


Chapter 2. Effect Of An Appeal

Ca Codes (prob:1310-1312) Probate Code Section 1310-1312



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).


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.


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.


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