SECTIONS 3800-3803 - California Statutes

PROBATE CODE

SECTION 3800-3803

3800. (a) If a nonresident has a duly appointed, qualified, and
acting guardian, conservator, committee, or comparable fiduciary in
the place of residence and if no proceeding for guardianship or
conservatorship of the nonresident is pending or contemplated in this
state, the nonresident fiduciary may petition to have property owned
by the nonresident removed to the place of residence.
(b) The petition for removal of property of the nonresident shall
be filed in the superior court of the county in which the nonresident
is or has been temporarily present or in which the property of the
nonresident, or the principal part thereof, is located.

3801. (a) The petition shall be made upon 15 days' notice, by mail
or personal delivery, to all of the following persons:
(1) The personal representative or other person in whose
possession the property may be.
(2) Persons in this state, known to the petitioner, who are
obligated to pay a debt, perform an obligation, or issue a security
to the nonresident or the estate of the nonresident.
(b) The petition shall be made upon such additional notice, if
any, as the court may order.

3802. (a) The nonresident fiduciary shall produce and file one of
the following certificates:
(1) A certificate that the fiduciary is entitled, by the laws of
the place of appointment of the fiduciary, to the possession of the
estate of the nonresident. The certificate shall be under the hand of
the clerk and seal of the court from which the appointment of the
fiduciary was derived and shall show a transcript of the record of
appointment and that the fiduciary has entered upon the discharge of
the duties of the fiduciary.
(2) A certificate that the fiduciary is entitled, by the laws of
the place of residence, to custody of the estate of the nonresident,
without the appointment of any court. The certificate shall be under
the hand of the clerk and seal of either (i) the court in the place
of residence having jurisdiction of estates of persons that have a
guardian, conservator, committee, or comparable fiduciary or (ii) the
highest court in the place of residence.
(b) In the case of a foreign country, the certificate shall be
accompanied by a final statement certifying the genuineness of the
signature and official position of (1) the court clerk making the
original certificate or (2) any foreign official who has certified
either the genuineness of the signature and official position of the
court clerk making the original certificate or the genuineness of the
signature and official position of another foreign official who has
executed a similar certificate in a chain of such certificates
beginning with a certificate of the genuineness of the signature and
official position of the clerk making the original certificate. The
final statement may be made only by a secretary of an embassy or
legation, consul general, consul, vice consul, or consular agent of
the United States, or a diplomatic or consular official of the
foreign country assigned or accredited to the United States.

3803. (a) Upon the petition, if the court determines that removal
of the property will not conflict with any restriction or limitation
on the property or impair the right of the nonresident to the
property or the rights of creditors or claimants in this state, the
court shall make an order granting to the nonresident fiduciary leave
to remove the property of the nonresident to the place of residence
unless good cause to the contrary is shown.
(b) The order is authority to the fiduciary to sue for and receive
the property in his or her own name for the use and benefit of the
nonresident.
(c) The order is a discharge of the personal representative or
other person in whose possession the property may be at the time the
order is made and of the person obligated to pay a debt, perform an
obligation, or issue a security to the nonresident or the estate of
the nonresident, upon filing with the clerk of the court the receipt
of the nonresident fiduciary for the property and transmitting a
duplicate receipt, or a certified copy of the receipt, to the court,
if any, from which the nonresident fiduciary received his or her
appointment.