California Judges Benchguide 302

1 California Judges BENCHGUIDES Benchguide 302 PROBATE administration [REVISED 2016] ABOUT CJER The Center for Judicial Education and Research (CJER) leads and supports continuing professional development for the California judicial branch. CJER s Governing Committee is an advisory committee to the Judicial Council, which sets policy and direction for judicial branch education. Created in 1973 as a joint enterprise of the Judicial Council of California and the California Judges Association, CJER addresses the unique roles of justices, Judges , subordinate judicial officers, and court personnel in order to enhance decision-making skills, encourage uniformity in judicial procedures, and promote fairness, access, and equal justice for all Californians.

2 CJER provides an up-to-date library of resources in a variety of formats, including judicial benchbooks, practice tools, online courses, videos, and satellite broadcasts, as well as a year-round series of orientation and continuing education programs offered statewide on a regional and local basis. CJER GOVERNING COMMITTEE Hon. Theodore M. Weathers, Chair Superior Court of California , County of San Diego Hon. Mary Thornton House, Vice-Chair Superior Court of California , County of Los Angeles Hon. C. Todd Bottke Superior Court of California , County of Tehama Mr. Alex Calvo Court Executive Officer Superior Court of California , County of Santa Cruz Ms. Mary Majich Davis Chief Deputy Court Executive Officer Superior Court of California , County of San Bernardino Hon.

3 Kimberly A. Gaab Superior Court of California , County of Fresno Hon. Janet Gaard Superior Court of California , County of Yolo Hon. Richard D. Huffman Court of Appeal, Fourth District, Division One Hon. Mark A. Juhas Superior Court of California , County of Los Angeles Hon. Jackson Lucky Superior Court of California , County of Riverside Hon. Darrell S. Mavis Superior Court of California , County of Los Angeles Hon. Rebecca S. Riley Superior Court of California , County of Ventura Mr. Michael M. Roddy Court Executive Officer Superior Court of California , County of San Diego Hon. Arthur A. Wick Superior Court of California , County of Sonoma Advisory Members Hon. Patricia M. Lucas Superior Court of California , County of Santa Clara Judicial College Hon.

4 Lisa B. Lench Superior Court of California , County of Los Angeles California Judges Association Mr. Martin Hoshino Administrative Director Judicial Council of California CJER PROJECT STAFF Barry Harding Attorney, Judicial Education and Publications Catherine Seeligson Attorney, Judicial Education and Publications Steven G. Warner Attorney, Judicial Education and Publications Amy Ashcroft Communications Editor Benchguide CONSULTANTS Hon. Rebecca Connolly Superior Court of California , County of Santa Cruz Hon. Bradford J. DeMeo Superior Court of California , County of Sonoma Hon. Cynthia A. Ludvigsen Superior Court of California , County of San Bernardino Hon. John H. Sugiyama Superior Court of California , County of Contra Costa Editorial comments and inquiries: Catherine Seeligson, Attorney 415-865-7745 2016 by Judicial Council of California Published October 2016; covers case law through 61 C4th, 238 CA4th, and all legislation to 1/1/2016 302 1 California Judges BENCHGUIDES Benchguide 302 PROBATE administration I.

5 [ ] SCOPE OF Benchguide II. PROCEDURAL CHECKLISTS A. [ ] Hearing Preparation B. [ ] Hearing C. [ ] Inventory D. [ ] Confirmation of Sale of Real Property E. [ ] Petition for Approval of Account F. [ ] Petitions for Final Distribution and Discharge III. APPLICABLE LAW A. Initiating the Proceeding 1. [ ] Jurisdiction and Venue 2. [ ] Initiation by Petition 3. [ ] Hearing Date 4. Notice and Publication a. [ ] Notice of Hearing b. [ ] Service of Notice c. [ ] Publication of Notice 5. Hearing a. [ ] Matters To Be Established b. [ ] Court Finding and Order c. [ ] Effect of Court Order 6. Proof of Will a. [ ] Production of Will b. [ ] Proof of Will 7. Appointment of Personal Representative a.

6 [ ] No Power Before Appointment b. [ ] Appointment of Executor c. [ ] Appointment of Administrator With Will Annexed d. [ ] Appointment of Administrator e. [ ] Persons Disqualified f. [ ] Oath and Letters 8. Bond a. [ ] Requirement b. [ ] Amount 9. [ ] Petition for Revocation California Judges Benchguide 302 2 B. Independent administration of Estates 1. [ ] Obtaining Authority 2. [ ] Petition To Revoke 3. Authority and Power a. [ ] Authority To Act Without Supervision b. [ ] When Court Supervision Required c. [ ] Powers Granted 4. Notice of Proposed Action and Objection a. [ ] Notice of Proposed Action b. [ ] To Whom Notice Given c. [ ] Consent and Waiver d. [ ] Delivery of Notice e.

7 [ ] Objection to Proposed Action f. [ ] Restraining Order 5. [ ] Obtaining Court Supervision 6. [ ] Review After Action Taken 7. [ ] Validity of Action 8. [ ] Removal of Personal Representative 9. [ ] Report in Accounting C. Notice 1. [ ] General Notice Provisions 2. [ ] Dispensing With Notice 3. [ ] Waiver of Notice 4. [ ] Special Notice D. Family Protection 1. [ ] Temporary Possession of Dwelling and Personal Property 2. [ ] Definition of Surviving Spouse 3. Family Allowance a. [ ] Persons Entitled to Family Allowance b. [ ] Discretionary Family Allowance c. [ ] Effect of Other Sources of Maintenance d. [ ] Payable From estate With Preferred Status e. [ ] Petition To Grant or Modify f.

8 [ ] Duration of Allowance g. [ ] Costs 4. [ ] Probate Homestead and Small Estates E. Inventory and Appraisal 1. [ ] Requirement and Time 2. [ ] Tax Requirements 3. [ ] Supplemental Inventory and Appraisal 4. [ ] Failure To File 5. [ ] What Is Included 6. [ ] Citation Procedure 7. [ ] Appraisal 8. [ ] Appointment of Referee 9. [ ] Waiver of Appraisal by Referee 302 3 Probate administration 10. [ ] Independent Expert 11. [ ] Objection to Appraisal 12. [ ] Return or Report on Appraisal F. Creditor s Claims 1. [ ] Notice 2. [ ] Liability of Personal Representative 3. [ ] Filing Claim 4. [ ] Election To Treat Written Demand as Claim 5. [ ] Waiver and Estoppel 6. [ ] Time for Filing Claim 7.

9 [ ] Filing Late Claim 8. [ ] Amended Claim 9. [ ] Claims by Public Entities 10. [ ] Allowance and Rejection of Claims 11. [ ] Judgments 12. [ ] Actions Not Pending at Time of Death 13. [ ] Actions Pending at Time of Death 14. [ ] Insured Claim 15. [ ] Claim by Lienholder 16. [ ] Liability of Distributee 17. [ ] Statute of Limitations G. estate Management General Principles 1. [ ] General Duties and Liabilities 2. [ ] Authorization From Court 3. [ ] Suspension of Powers 4. [ ] Summary Determination of Disputes 5. [ ] Dealing With estate Property H. estate Management Specific Transactions 1. [ ] Deposit of Money 2. [ ] Continuation of Business 3. [ ] Continuation of Partnership 4. [ ] Law Practice 5.

10 [ ] Disposal of Personal Property 6. [ ] Purchase by Personal Representative or Attorney 7. [ ] Borrowing Money 8. [ ] Investing Money 9. [ ] Litigation 10. Compromise of Claims a. [ ] When Authorization Not Required b. [ ] When Authorization Required c. [ ] Petition for Authorization 11. [ ] Real Property Transactions I. estate Management Sales 1. General Provisions a. [ ] When Property May Be Sold b. [ ] Petition To Require Sale California Judges Benchguide 302 4 c. [ ] Directions in Will d. [ ] Manner of Sale e. [ ] Encumbered Property 2. [ ] Sale of Securities 3. Sale of Personal Property a. [ ] Notice of Sale b. [ ] Sale Without Notice c. [ ] Public Auction d. [ ] Private Sale e.