State Codes and Statutes
Statutes > California > Prob > 11700-11705PROBATE 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.
