TITLE XI. OF PROCEEDINGS IN PROBATE COURTS. Chapter I. Of Jurisdiction, §§ 1294-1295. 1294. II. Of the Probate of Wills, §§ 1298-1346. III. Of Executors and Administrators, Their Letters, Bonds, Removals, and Suspensions, 88 1348-1440. IV. Of the Inventory and Collection of the Effects of Decedents, §§ 1443-1461. V. Of the Provisions for Support of Family, and VI. Of Claims Against the Estate, 88 1490-1514. VIII. Of the Powers and Duties of Executors and IX. Of the Conveyance of Real Estate by Execu- X. Of Accounts Rendered by Executors and Administrators, and of the Payment of Debts, 88 1612-1653. XI. Of the Partition, Distribution, and Final Set- XII. Of Orders, Decrees, Process, Minutes, Records, XIII. Of Public Administrator, §§ 1726-1744. CHAPTER I. OF JURISDICTION. Jurisdiction of probate court over the estate, when exercised. § 1295. When jurisdiction decided by first application. § 1294. Jurisdiction of probate court over the estate, when exercised. Wills must be proved, and letters testamentary or of administration granted: 1. In the county of which the decedent was a resident at the time of his death, in whatever place he may have died; 2. In the county in which the decedent may have died, leaving estate therein, he not being a resident of the state; 3. In the county in which any part of the estate may be, the decedent having died out of the state, and not resident thereof at the time of his death; 4. In the county in which any part of the estate may be, the decedent not being a resident of the state, and not leaving estate in the county in which he died; 5. In all other cases, in the county where application for letters is first made. En. March 11, 1872. Cal.Rep.Cit. 70, 407; 70, 411; 71, 522; 109, 253. Prob. Act, sec. 2. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. Am'd. 1861, 628. Probate matters, jurisdiction of superior courts in: Ante, sec. 76, subd. 4. § 1295. When jurisdiction decided by first application. When the estate of the decedent is in more than one county, he having died out of the state, and not having been a resident thereof at the time of his death, or being such non-resident, and dying within the state, and not leaving estate in the county where he died, the superior court of that county in which application is first made, for letters testamentary or of administration, has exclusive jurisdiction of the settlement of the estate. En. March 11, 1872. Am'd. 1880, 77. Prob. Act, sec. 3. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. Am'd. 1861, 628; 1864, 367. Code Civ. Proc.-42. Article I. III. V. VI. § 1298. § 1299. 1300. § 1301. 1302. § 1303. 1304. 1305. § 1306. § 1307. 1308. 1309. CHAPTER II. OF THE PROBATE OF WILLS. Petition, Notice, and Proof, §§ 1298-1309.. Contesting Will after Probate, §§ 1327-1333. ARTICLE I. PETITION, NOTICE, AND PROOF. Custodian of will to deliver same, to whom. When executor forfeits right to letters. Production of. Notice of petition for probate, how given. Heirs and named executors to be notified, how. Order to enforce production of wills or attendance of wit nesses. Hearing proof of will after proof of service of notice. § 1298. Custodian of will to deliver same, to whom. Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the superior court having jurisdiction of the estate, or to the executor named therein. A failure to comply with the provisions of this section makes the person failing responsible for all damages sustained by any one injured thereby. En. March 11, 1872. Am'd. 1880, 77. Prob. Act, sec. 4. En. April 22, 1850. En. 1851, 448. Cal.Rep.Cit. 22, 397. Rep. 1851, 489. Prob. Act, sec. 7. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. § 1299. Who may petition for probate of will. Any executor, devisee, or legatee named in any will, or any other person interested in the estate, may, at any time after the death of the testator, petition the court having jurisdiction to have the will proved, whether the same be in writing, in his possession or not, or is lost or destroyed, or beyond the jurisdiction of the state, or a nuncupative will. En. March 11, 1872. Cal.Rep.Cit. 93, 620; 120, 451; 135, 677. Prob. Act, sec. 5. En. 1851, 448. En. April 22, 1850. Rep. 1851, 489. Cal.Rep.Cit. 22, 66; 22, 397. Prob. Act, sec. 8. En. 1851, 448. En. April 22, 1850. Rep. 1851, 489. Prob. Act, sec. 9. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. 1300. Contents of petition. A petition for the probate of a will must show: 1. The jurisdictional facts. 2. Whether the person named as executor consents to act, or renounces his right to letters testamentary. 3. The names, ages, and residence of the heirs and devisees of the decedent, so far as known to the petitioner. 4. The probable value and character of the property of the estate. 5. The name of the person for whom letters testamentary are prayed. No defect of form, or in the statement of jurisdictional facts actually existing, shall make void the probate of a will. En. March 11, 1872. Am'd. 1873-4, 356. Cal.Rep. Cit. 70, 142; 93, 620. Prob. Act, sec. 6. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. Am'd. 1861, 629. Cal.Rep.Cit. 22, 66; 22, 397. $1301. When executor forfeits right to letters. If the person named in a will as executor, for thirty days after he has knowledge of the death of the testator, and that he is named as executor, fails to petition the proper court for the probate of the will, and that letters testamentary be issued to him, he may be held to have renounced his right to letters, and the court may appoint any other competent person administrator, unless good cause for delay is shown. En. March 11, 1872. Cal.Rep.Cit. 118, 280. § 1302. Possession of will by third person. Production of. If it is alleged in any petition that any will is in the possession of a third person, and the court is satisfied that the allegation is correct, an order must be issued and served upon the person having possession of the will, requiring him to produce it at a time named in the order. If he has possession of the will, and neglects or refuses to produce it in obedience to the order, he may, by warrant from the court, be committed to the jail of the county, and be kept in close confinement until he produces it. En. March 11, 1872. Prob. Act, sec. 10. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. Prob. Act, sec. 11. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. Probate orders and citations: Post, secs. 1704-1711. § 1303. Notice of petition for probate, how given. When the petition is filed and the will produced, the clerk of the court must set the petition for hearing by the court upon some day not less than ten nor more than thirty days from the production of the will. Notice of the hearing shall be given by such clerk by publishing the same in a newspaper of the county; if there is none, then by three written or printed notices posted at three of the most public places in the county. If the notice is published in a weekly newspaper, it must appear therein on at least three different days of publication; and if in a newspaper published oftener than once a week, it shall be so published that there must be at least ten days from the first to the last day of publication, both the first and the last day being included. If the notice is by posting, it must be given at least ten days before the hearing. En. March 11, 1872. Am'd. 1880, 77; 1881, 23. Cal. Rep.Cit. 93, 620; 101, 668; 109, 28; 119, 152; 136, 595. Prob. Act, sec. 13. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. Am'd. 1861, 629; 1866, 765. Cal.Rep.Cit. 22, 66; 22, 397; 39, 554. Prob. Act, sec. 16. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. Am'd. 1861, 629. Publication of notice: Sec. 1705. Affidavit of publication: Post, secs. 2010, 2011. |
