SECTIONS 13000-13007 - California Statutes

PROBATE CODE

SECTION 13000-13007

13000. Unless the provision or context otherwise requires, the
definitions in this chapter govern the construction of this part.

13002. "Holder of the decedent's property" or "holder" means, with
respect to any particular item of property of the decedent, the
person owing money to the decedent, having custody of tangible
personal property of the decedent, or acting as registrar or transfer
agent of the evidences of a debt, obligation, interest, right,
security, or chose in action belonging to the decedent.

13004. (a) "Particular item of property" means:
(1) Particular personal property of the decedent which is sought
to be collected, received, or transferred by the successor of the
decedent under Chapter 3 (commencing with Section 13100).
(2) Particular real property of the decedent, or particular real
and personal property of the decedent, for which the successor of the
decedent seeks a court order determining succession under Chapter 4
(commencing with Section 13150).
(3) Particular real property of the decedent with respect to which
the successor of the decedent files an affidavit of succession under
Chapter 5 (commencing with Section 13200).
(b) Subject to subdivision (a), "particular item of property"
includes all interests specified in Section 62.

13005. "Property of the decedent," "decedent's property," "money
due the decedent," and similar phrases, include property that becomes
part of the decedent's estate on the decedent's death, whether by
designation of the estate as beneficiary under an insurance policy on
the decedent's life or under the decedent's retirement plan, or
otherwise.

13006. "Successor of the decedent" means:
(a) If the decedent died leaving a will, the sole beneficiary or
all of the beneficiaries who succeeded to a particular item of
property of the decedent under the decedent's will. For the purposes
of this part, a trust is a beneficiary under the decedent's will if
the trust succeeds to the particular item of property under the
decedent's will.
(b) If the decedent died without a will, the sole person or all of
the persons who succeeded to the particular item of property of the
decedent under Sections 6401 and 6402 or, if the law of a sister
state or foreign nation governs succession to the particular item of
property, under the law of the sister state or foreign nation.

13007. "Proceeding" means either that a petition is currently
pending in this state for administration of a decedent's estate under
Division 7 (commencing with Section 7000), a special administrator
for the decedent's estate has been appointed in this state and is now
serving, or a personal representative for the decedent's estate has
been appointed in this state with general powers. "Proceeding" does
not include a petition for administration which was dismissed without
the appointment of a personal representative, any proceeding under
Division 8 (commencing with Section 13000), or any action or
proceeding in another state.