State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 8850-8852

PROBATE CODE
SECTION 8850-8852



8850.  (a) The inventory, including partial and supplemental
inventories, shall include all property to be administered in the
decedent's estate.
   (b) The inventory shall particularly specify the following
property:
   (1) Money owed to the decedent, including debts, bonds, and notes,
with the name of each debtor, the date, the sum originally payable,
and the endorsements, if any, with their dates. The inventory shall
also specify security for the payment of money to the decedent,
including mortgages and deeds of trust. If security for the payment
of money is real property, the inventory shall include the recording
reference or, if not recorded, a legal description of the real
property.
   (2) A statement of the interest of the decedent in a partnership,
appraised as a single item.
   (3) All money and other cash items, as defined in Section 8901, of
the decedent.
   (c) The inventory shall show, to the extent ascertainable by the
personal representative, the portions of the property that are
community, quasi-community, and separate property of the decedent.



8851.  The discharge or devise in a will of any debt or demand of
the testator against the executor or any other person is not valid
against creditors of the testator, but is a specific devise of the
debt or demand. The debt or demand shall be included in the
inventory. If necessary, the debt or demand shall be applied in the
payment of the debts of the testator. If not necessary for that
purpose, the debt or demand shall be distributed in the same manner
and proportion as other specific devises.



8852.  (a) The personal representative shall take and subscribe an
oath that the inventory contains a true statement of the property to
be administered in the decedent's estate of which the personal
representative has knowledge, and particularly of money of the
decedent and debts or demands of the decedent against the personal
representative. The oath shall be endorsed upon or attached to the
inventory.
   (b) If there is more than one personal representative, each shall
take and subscribe the oath. If the personal representatives are
unable to agree as to property to be included in the inventory, any
personal representative may petition for a court order determining
whether the property is to be administered in the decedent's estate.
The determination shall be made pursuant to the procedure provided in
Part 19 (commencing with Section 850) of Division 2 or, if there is
an issue of property belonging or passing to the surviving spouse,
pursuant to Chapter 5 (commencing with Section 13650) of Part 2 of
Division 8.