State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 11700-11705

PROBATE CODE
SECTION 11700-11705



11700.  At any time after letters are first issued to a general
personal representative and before an order for final distribution is
made, the personal representative, or any person claiming to be a
beneficiary or otherwise entitled to distribution of a share of the
estate, may file a petition for a court determination of the persons
entitled to distribution of the decedent's estate. The petition shall
include a statement of the basis for the petitioner's claim.



11701.  Notice of the hearing on the petition shall be given as
provided in Section 1220 to all of the following persons:
   (a) Each person listed in Section 1220.
   (b) Each known heir whose interest in the estate would be affected
by the petition.
   (c) Each known devisee whose interest in the estate would be
affected by the petition.
   (d) The Attorney General, at the office of the Attorney General in
Sacramento, if any portion of the estate is to escheat to the state
and its interest in the estate would be affected by the petition.



11702.  (a) Any interested person may appear and, at or before the
time of the hearing, file a written statement of the person's
interest in the estate. The written statement may be in support of,
or in opposition to, the petition. No other pleadings are necessary
and the written statement of each claimant shall be deemed denied by
each of the other claimants to the extent the written statements
conflict.
   (b) If a person fails timely to file a writen statement:
   (1) The case is at issue notwithstanding the failure and the case
may proceed on the petition and written statements filed by the time
of the hearing, and no further pleadings by other persons are
necessary.
   (2) The person may not participate further in the proceeding for
determination of persons entitled to distribution, but the person's
interest in the estate is not otherwise affected.
   (3) The person is bound by the decision in the proceeding.



11703.  The Attorney General shall be deemed to be a person entitled
to distribution of the estate for purposes of this chapter if the
estate involves or may involve any of the following:
   (a) A charitable trust, other than a charitable trust with a
designated trustee that may lawfully accept the trust.
   (b) A devise for a charitable purpose without an identified
beneficiary.
   (c) An escheat to the State of California.



11704.  (a) The court shall consider as evidence in the proceeding
any statement made in a petition filed under Section 11700 and any
statement of interest filed under Section 11702. The court shall not
hear or consider a petition filed after the time prescribed in
Section 11700.
   (b) The personal representative may file papers and otherwise
participate in the proceeding as a party to assist the court.




11705.  (a) The court shall make an order that determines the
persons entitled to distribution of the decedent's estate and
specifies their shares.
   (b) When the court order becomes final it binds and is conclusive
as to the rights of all interested persons.