State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 8000-8007

PROBATE CODE
SECTION 8000-8007



8000.  (a) At any time after a decedent's death, any interested
person may commence proceedings for administration of the estate of
the decedent by a petition to the court for an order determining the
date and place of the decedent's death and for either or both of the
following:
   (1) Appointment of a personal representative.
   (2) Probate of the decedent's will.
   (b) A petition for probate of the decedent's will may be made
regardless of whether the will is in the petitioner's possession or
is lost, destroyed, or beyond the jurisdiction of the state.




8001.  Unless good cause for delay is shown, if a person named in a
will as executor fails to petition the court for administration of
the estate within 30 days after the person has knowledge of the death
of the decedent and that the person is named as executor, the person
may be held to have waived the right to appointment as personal
representative.



8002.  (a) The petition shall contain all of the following
information:
   (1) The date and place of the decedent's death.
   (2) The street number, street, and city, or other address, and the
county, of the decedent's residence at the time of death.
   (3) The name, age, address, and relation to the decedent of each
heir and devisee of the decedent, so far as known to or reasonably
ascertainable by the petitioner.
   (4) The character and estimated value of the property in the
estate.
   (5) The name of the person for whom appointment as personal
representative is petitioned.
   (b) If the decedent left a will:
   (1) The petitioner shall attach to the petition a photographic
copy of the will. In the case of a holographic will or other will of
which material provisions are handwritten, the petitioner shall also
attach a typed copy of the will.
   (2) If the will is in a foreign language, the petitioner shall
attach an English language translation. On admission of the will to
probate, the court shall certify to a correct translation into
English, and the certified translation shall be filed with the will.
   (3) The petition shall state whether the person named as executor
in the will consents to act or waives the right to appointment.



8003.  (a) The hearing on the petition shall be set for a day not
less than 15 nor more than 30 days after the petition is filed. At
the request of the petitioner made at the time the petition is filed,
the hearing on the petition shall be set for a day not less than 30
nor more than 45 days after the petition is filed. The court may not
shorten the time for giving the notice of hearing under this section.
   (b) The petitioner shall serve and publish notice of the hearing
in the manner prescribed in Chapter 2 (commencing with Section 8100).



8004.  (a) If appointment of the personal representative is
contested, the grounds of opposition may include a challenge to the
competency of the personal representative or the right to
appointment. If the contest asserts the right of another person to
appointment as personal representative, the contestant shall also
file a petition and serve notice in the manner provided in Article 2
(commencing with Section 8110) of Chapter 2, and the court shall hear
the two petitions together.
   (b) If a will is contested, the applicable procedure is that
provided in Article 3 (commencing with Section 8250) of Chapter 3.



8005.  (a) At the hearing on the petition, the court may examine and
compel any person to attend as a witness concerning any of the
following matters:
   (1) The time, place, and manner of the decedent's death.
   (2) The place of the decedent's domicile and residence at the time
of death.
   (3) The character and value of the decedent's property.
   (4) Whether or not the decedent left a will.
   (b) The following matters shall be established:
   (1) The jurisdictional facts, including:
   (A) The date and place of the decedent's death.
   (B) That the decedent was domiciled in this state or left property
in this state at the time of death.
   (C) The publication of notice under Article 3 (commencing with
Section 8120) of Chapter 2.
   (2) The existence or nonexistence of the decedent's will.
   (3) That notice of the hearing was served as provided in Article 2
(commencing with Section 8110) of Chapter 2.



8006.  (a) If the court finds that the matters referred to in
paragraph (1) of subdivision (b) of Section 8005 are established, the
court shall make an order determining the time and place of the
decedent's death and the jurisdiction of the court. Where appropriate
and on satisfactory proof, the order shall admit the decedent's will
to probate and appoint a personal representative. The date the will
is admitted to probate shall be included in the order.
   (b) If through defect of form or error the matters referred to in
paragraph (1) of subdivision (b) of Section 8005 are incorrectly
stated in the petition but actually are established, the court has
and retains jurisdiction to correct the defect or error at any time.
No such defect or error makes void an order admitting the will to
probate or appointing a personal representative or an order made in
any subsequent proceeding.



8007.  (a) Except as provided in subdivision (b), an order admitting
a will to probate or appointing a personal representative, when it
becomes final, is a conclusive determination of the jurisdiction of
the court and cannot be collaterally attacked.
   (b) Subdivision (a) does not apply in either of the following
cases:
   (1) The presence of extrinsic fraud in the procurement of the
court order.
   (2) The court order is based on the erroneous determination of the
decedent's death.