The Probate Law and Practice of California

Court to restrain injurious acts of executors or administrators during

proceedings to prove lost will..........

1341

THE PROBATE OF NUNCUPATIVE WILLS.

Nuncupative wills, when and how admitted to probate.

Additional requirements in probate of nuncupative wills....

1344

1345

Contests and appointments to conform to provisions as to other wills. 1346

Interested parties may file objections..

1351

Unmarried woman, executrix or administratrix marrying, her authority

ceases. Married woman named may be executrix, but not admin-

istratrix....

1352

Authority of administrators with will annexed. Letters how issued... 1356

FORM OF LETTERS.

Form of letters testamentary...

Form of letters of administration with the will annexed.

Form of letters of administration....

1360

1361

1362

LETTERS OF ADMINISTRATION, TO WHOM AND THE ORDER IN

SECTIONS.

1377

Grant to any applicant..

What proofs must be made before granting letters of administration.. 1378

Letters may be granted to others than those entitled..

1379

REVOCATION OF LETTERS AND PROCEEDINGS THEREFOR.

Revocation of letters of administration..

1383

When petition filed, citation to issue..

1384

Hearing of petition for revocation...

1385

Prior rights of relatives entitles them to revoke prior letters.

1386

OATHS AND BONDS OF EXECUTORS AND ADMINISTRATORS.

Administrator or executor to take oath, and bond to be recorded.

Bond of administrators, form and requirements of.

Each or more than one administrator, to give separate bonds.

Several recoveries may be had on same bond

1391

1392

Bonds and justification of sureties on. Must be approved.

1393

Citation and requirements of judge on deficient bonds. Additional

Petition showing failing sureties and asking far further bonds.

1397

Citation to executor, etc., to show cause against such application..

Further security ordered without application of party in interest.

When letters testamentary or of administration are granted, special ad-

ministrator's powers cease........

1416

Special administrator to render account..

1417

WILLS FOUND AFTER LETTERS OF ADMINISTRATION GRANTED,

AND MISCELLANEOUS PROVISIONS.

On proof of will after grant of letters of administration, letters revoked, 1423

Power of executor in such a case....

1424

Remaining administrator or executor to continue when his colleagues

are disqualified.

1425

Who to act when all acting are incompetent.

1426

Executor or administrator may resign, when..

1427

Court to appoint successor. Liability of out-goer. All acts of execu-

tor, etc., valid until his power is revoked......

SECTIONS.

Judge being disqualified, proceedings to be transferred, and when..... 1431

Transfer not to change right to administer. Retransfer, how made... 1432

When proceedings to be returned to original court....

1433

REMOVALS AND SUSPENSIONS IN CERTAIN CASES.

Suspension of powers of executors.

1436

Executor to have notice of his suspension and to be cited to appear..

1437

Any party interested may appear on hearing.

1138

Inventory to account for moneys. If all money, no appraisement

Administrator and executor to possess real and personal estate..

Executor or administrator to deliver real estate to heirs or devisees at

the end of ten months, unless there are debts to be satisfied...

1452

1453

EMBEZZLEMENT AND SURRENDER OF PROPERTY OF THE

ESTATE.

1458

1459

Embezzlement of estate before grant of letters testamentary.

Citation to person suspected to have embezzled estate, etc..

Refusal to obey citation, penalty for, and for embezzlement. May be

compelled to disclose by imprisonment. Liable to double damages: 1460

Persons entrusted with estate of decedent may be cited to account.... 1461

OF THE PROVISION FOR THE SUPPORT OF THE FAMILY.

Widow and minor children may remain in decedent's house, etc.. 1464

All property exempt from execution to be set apart for use of family.. 1465

May make extra allowance.

1466

Payment of allowance..

1467

Property set apart, how apportioned between widow and children.... 1468

Estates less than fifteen hundred dollars to go to wife and child; those

less than three thousand to be summarily administered...

When all property to go to children...

1469

1470

OF THE HOMESTEAD.

Rights of survivor to homestead

1474

Selected and recorded homestead set-off to person entitled. Subsisting

liens to be paid by solvent estate

1475

Report of the appraisers. Majority and minority, which may be con-

firmed..

1477

Day to be set for confirming or rejecting the report of the appraisers.

Appeal..

1478

If report rejected, then other appraisers appointed. If again rejected,

partition suit to be brought..

1479

Instead of dividing the homestead, who may take a deed thereof at

appraised value....

1480

Appraisers to carve out of the original exceeding five thousand dollars

in value, a homestead, and report the same.

1476

SECTIONS.

If no homestead is selected and recorded prior to death of decedent, one

may be petitioned for.

1481

Court to direct partition suit in the district court, when. Proceedings

thereon

1482

If property is common or separate, court to cause appraisement, and

admeasurement to be made.

New appraisement, when ordered. Instead of deeding property at

appraised value, public sale to be ordered, when..

Costs, to whom chargeable. Persons succeeding to rights of homestead

owners have all their powers and rights..

Certified copies of certain orders to be recorded.

Of property exempt from execution..

OF CLAIMS AGAINST THE ESTATE.

Notice to creditors. Additional notice

1490

Time expressed in the notice...

1491

Copy and proof of notice to be filed and order made.

1492

Time within which claims against an estate must be presented.

1493

Claims to be sworn to, and when allowed, to bear same interest as judg-

ments.

1494

Probate judge may present claims and action thereon.

1495

Allowance and rejection of claims

1496

Approved claims or copies to be filed. Claims secured by liens may be

described. Lost claims...

1497

Rejected claims to be sued for within three months

1493

Claims barred by statute of limitations. When and who probate judge

may examine...

Execution not to issue after death. If one is levied, the property may

be sold...

1505

What judgment is not a lien on real property of estate...

1506

May refer doubtful claims. Effect of referee's allowance or rejection.. 1507

Trial by referee, how confirmed and its effect...

1508

Liability of executor, etc., for costs....

1509

Claims of executor, etc., against estate..

1510

Executor neglecting to give notice to creditors, to be removed.

Executor to return statement of claims....

But one petition, order and sale must be had when it is possible to

SECTIONS

Order to show cause, how made, and on what notice..

1531

Order of sale, when and how made

1532

Further proceedings to conform to articles two and four.

1533

THE SALE OF REAL ESTATE, INTERESTS THEREIN, AND CON-

FIRMATION THEREOF.

To sell real estate, when..

1536

Verified petition for sale, what to contain and to what it may refer

1537

Order to persons interested to appear

1538

Copy to be served, assent given, or publication made.

1539

Hearing after proof of service. Presentation of claims.

1540

Administrator, executor, and witnesses may be examined.

To sell real estate or any part, when..

1541

1542

Order of sale, when to be made

1543

What the order of sale must contain. May be at public or private sale 1544

Interested persons may apply for order of sale. Form of petition.... 1545

To deliver copy of order to the administrator...

Private sale of real estate, how made, and notice. Bids, when and how

received

1549

Ninety per cent. of appraised value must be offered.

1550

Purchase money on sale on credit, how secured

1551

Hearing and setting aside sale, and when re-sale may be ordered.

May file objections, when and who

1552

1553

When order of confirmation is to be made and when not.

Sales by executors or administrators of lands under mortgage or lien.. 1569

The holder of the mortgage or lien may purchase the lands. His re-
ceipt to the amount of his claim a valid payment....

Executors may sue and be sued for recovery of property.

1582

May maintain actions for waste, conversion and trespass

1583

Surviving partner to settle up business.

Executors and administrators may be sued for waste or trespass of de-

cedent......

1584

1585

Interest therein to be appraised. Account to be rendered.

1586

Actions on bond of executor or administrator may be brought by an-

other administrator.....

1586

What executors are not parties to actions..

1587

Buku

The Probate Law and Practice of California: Containing All the Provisions of ...