State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 9620-9621

PROBATE CODE
SECTION 9620-9621



9620.  If there is a dispute relating to the estate between the
personal representative and a third person, the personal
representative may do either of the following:
   (a) Enter into an agreement in writing with the third person to
refer the dispute to a temporary judge designated in the agreement.
The agreement shall be filed with the clerk, who shall thereupon,
with the approval of the court, enter an order referring the matter
to the designated person. The temporary judge shall proceed promptly
to hear and determine the matter in controversy by summary procedure,
without pleadings or discovery. The decision of the designated
person is subject to Section 632 of the Code of Civil Procedure.
Judgment shall be entered on the decision and shall be as valid and
effective as if rendered by a judge of the court in an action against
the personal representative or the third person commenced by
ordinary process.
   (b) Enter into an agreement in writing with the third person that
a judge, pursuant to the agreement and with the written consent of
the judge, both filed with the clerk within the time specified in
Section 9353 for bringing an independent suit on the matter in
dispute, may hear and determine the dispute pursuant to the procedure
provided in subdivision (a).



9621.  If there is a dispute relating to the estate between the
personal representative and a third person, the personal
representative may enter into an agreement in writing with the third
person to submit the dispute to arbitration under Title 9 (commencing
with Section 1280) of Part 3 of the Code of Civil Procedure. The
agreement is not effective unless it is first approved by the court
and a copy of the approved agreement is filed with the court. Notice
of the hearing on the petition for approval of the agreement shall be
given as provided in Section 1220. The order approving the agreement
may be made ex parte.