Commencement of Estate Proceedings

Chapter 1 of Part 2 of Division 7 of the Probate Code deals with the commencement of proceedings for the opening of estate administration in California.

Section 8000 provides that, 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 specified conditions.

Section 8001 states that, 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.

Section 8002 requires the petition to contain all of the five specified items of information. If the decedent left a will, three specified actions take place.

Section 8003 requires the hearing on the petition to 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 is to 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. The petitioner is required to serve and publish notice of the hearing in the manner prescribed.

Section 8004 provides that, 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 must also file a petition and serve notice in the manner provided.

Section 8005 states that, at the hearing on the petition, the court may examine and compel any person to attend as a witness concerning any of the four specified matters.

Section 8006 says that, if the court finds that the matters referred to in law are established, the court is required to 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 must admit the decedent’s will to probate and appoint a personal representative. The date the will is admitted to probate is included in the order.

Section 8007 explains that 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.