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Cal. Prob. Code § 8000

Commencement of Proceedings

Applied in 6 court decisions — leading case 60 Cal. App. 4th 24 - Dawes v. Rich (1997)

Most recently applied in Estate of Post v. Post (June 2018)

Enacted by Stats. 1990, Ch. 79.

How often courts cite this section

199720002010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) 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 following:

(1) Appointment of a personal representative.

(2) Probate of the decedent’s will.

(b) A petition for probate of the decedent’s will may be made regardless of whether the will is in the petitioner’s possession or is lost, destroyed, or beyond the jurisdiction of the state.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.