Taking Possession of Decedent Property

Probate Code Division 7, Part 1, Chapter 4 deals with public administrators in the administration of the estates of decedents in California. Article 1 deals with taking possession or control of property.

Section 7600 provides that, if a public officer or employee knows of property of a decedent that is subject to loss, injury, waste, or misappropriation and that ought to be in the possession or control of the public administrator, the officer or employee is required to inform the public administrator.

Section 7600.5 explains that, if a person dies in a hospital, convalescent hospital, or board and care facility without known next of kin, the person in charge of the hospital or facility must give immediate notice of that fact to the public administrator of the county in which the hospital or facility is located.

Section 7600.6 states that a funeral director in control of the decedent’s remains is required to notify the public administrator if none of the persons described can be found after reasonable inquiry, or can be contacted by reasonable means.

Section 7601 says that, if no personal representative has been appointed, the public administrator of a county must take prompt possession or control of property of a decedent in the county that is deemed by the public administrator to be subject to loss, injury, waste, or misappropriation.

Section 7602 requires a public administrator who is authorized to take possession or control of property of a decedent under this article to make a prompt search for other property, a will, and instructions for disposition of the decedent’s remains.

Section 7603 states that a public administrator who is authorized to take possession or control of property of a decedent pursuant to this article may issue a written certification of that fact. The written certification is effective for 30 days after the date of issuance.

Section 7604 says that, if the public administrator takes possession or control of property of a decedent under this article, but another person is subsequently appointed personal representative or subsequently takes control or possession, the public administrator is entitled to reasonable costs incurred for the preservation of the estate, together with reasonable compensation for services. The costs and compensation are a proper expense of administration.