State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 11620-11624

PROBATE CODE
SECTION 11620-11624



11620.  A petition for an order for preliminary distribution of all,
or a portion of, the share of a decedent's estate to which a
beneficiary is entitled may not be filed unless at least two months
have elapsed after letters are first issued to a general personal
representative.



11621.  (a) The court shall order distribution under this article if
at the hearing it appears that the distribution may be made without
loss to creditors or injury to the estate or any interested person.
   (b) The order for distribution shall be stayed until any bond
required by the court is filed.



11622.  (a) If the court orders distribution before four months have
elapsed after letters are first issued to a general personal
representative, the court shall require a bond. The bond shall be in
the amount of the distribution.
   (b) If the court orders distribution after four months have
elapsed after letters are first issued to a general personal
representative, the court may require a bond. The bond shall be in
the amount the court orders.
   (c) Any bond required by the court shall be given by the
distributee and filed with the court. The bond shall be conditioned
on payment of the distributee's proper share of the debts of the
estate, not exceeding the amount distributed.



11623.  (a) Notwithstanding Section 11601, if authority is granted
to administer the estate without court supervision under the
Independent Administration of Estates Act, Part 6 (commencing with
Section 10400):
   (1) The personal representative may petition the court for an
order for preliminary distribution on notice as provided in Section
1220. Notwithstanding subdivision (c) of Section 1220, the court may
not dispense with notice unless the time for filing creditor claims
has expired.
   (2) The aggregate of all property distributed under this section
shall not exceed 50 percent of the net value of the estate. For the
purpose of this subdivision, "net value of the estate" means the
excess of the value of the property in the estate, as determined by
all inventories and appraisals on file with the court, over the total
amount of all creditor claims and of all liens and encumbrances
recorded or known to the personal representative not included in a
creditor claim, excluding any estate tax lien occasioned by the
decedent's death.
   (b) Nothing in this section limits the authority of the personal
representative to make preliminary distribution under other
provisions of this chapter, whether or not authority is granted to
administer the estate under the Independent Administration of Estates
Act, Part 6 (commencing with Section 10400).



11624.  The costs of a proceeding under this article shall be paid
by the distributee or the estate in proportions determined by the
court.