SECTIONS 850-859 - California Statutes

PROBATE CODE

SECTION 850-859

850. (a) The following persons may file a petition requesting that
the court make an order under this part:
(1) A guardian, conservator, or any claimant, in the following
cases:
(A) Where the conservatee is bound by a contract in writing to
convey real property or to transfer personal property, executed by
the conservatee while competent or executed by the conservatee's
predecessor in interest, and the contract is one that can be
specifically enforced.
(B) Where the minor has succeeded to the interest of a person
bound by a contract in writing to convey real property or to transfer
personal property, and the contract is one that can be specifically
enforced.
(C) Where the guardian or conservator or the minor or conservatee
is in possession of, or holds title to, real or personal property,
and the property or some interest therein is claimed to belong to
another.
(D) Where the minor or conservatee has a claim to real or personal
property title to or possession of which is held by another.
(2) The personal representative or any interested person in any of
the following cases:
(A) Where the decedent while living is bound by a contract in
writing to convey real property or to transfer personal property and
dies before making the conveyance or transfer and the decedent, if
living, could have been compelled to make the conveyance or transfer.
(B) Where the decedent while living binds himself or herself or
his or her personal representative by a contract in writing to convey
real property or to transfer personal property upon or after his or
her death and the contract is one which can be specifically enforced.
(C) Where the decedent died in possession of, or holding title
to, real or personal property, and the property or some interest
therein is claimed to belong to another.
(D) Where the decedent died having a claim to real or personal
property, title to or possession of which is held by another.
(3) The trustee or any interested person in any of the following
cases:
(A) Where the trustee is in possession of, or holds title to, real
or personal property, and the property, or some interest, is claimed
to belong to another.
(B) Where the trustee has a claim to real or personal property,
title to or possession of which is held by another.
(C) Where the property of the trust is claimed to be subject to a
creditor of the settlor of the trust.
(b) The petition shall set forth facts upon which the claim is
based.

851. (a) At least 30 days prior to the day of the hearing, the
petitioner shall cause notice of the hearing and a copy of the
petition to be served in the manner provided in Chapter 4 (commencing
with Section 413.10) of Title 5 of Part 2 of the Code of Civil
Procedure on all of the following persons where applicable:
(1) The personal representative, conservator, guardian, or trustee
as appropriate.
(2) Each person claiming an interest in, or having title to or
possession of, the property.
(b) Except for those persons given notice pursuant to subdivision
(a), notice of the hearing, together with a copy of the petition,
shall be given as provided in Section 1220 if the matter concerns a
decedent estate, as provided in Section 1460 if the matter concerns a
conservatorship or guardianship, or as provided in Section 17203 if
the matter concerns a trust to all of the following persons:
(1) Each person listed in Section 1220 along with any heir or
devisee whose interest in the property may be affected by the
petition if the matter concerns a decedent estate.
(2) Each person listed in Section 1460 if the matter concerns a
conservatorship or guardianship.
(3) Each person listed in Section 17203 if the matter concerns a
trust.
(c) The court may not shorten the time for giving the notice of
hearing under this section.

852. An interested person may request time for filing a response to
the petition for discovery proceedings, or for other preparation for
the hearing, and the court shall grant a continuance for a
reasonable time for any of these purposes.

853. A person having or claiming title to or an interest in the
property which is the subject of the petition may, at or prior to the
hearing, object to the hearing of the petition if the petition is
filed in a court which is not the proper court under any other
provision of law for the trial of a civil action seeking the same
relief and, if the objection is established, the court shall not
grant the petition.

854. If a civil action is pending with respect to the subject
matter of a petition filed pursuant to this chapter and jurisdiction
has been obtained in the court where the civil action is pending
prior to the filing of the petition, upon request of any party to the
civil action, the court shall abate the petition until the
conclusion of the civil action. This section shall not apply if the
court finds that the civil action was filed for the purpose of delay.

855. An action brought under this part may include claims, causes
of action, or matters that are normally raised in a civil action to
the extent that the matters are related factually to the subject
matter of a petition filed under this part.

856. Except as provided in Sections 853 and 854, if the court is
satisfied that a conveyance, transfer, or other order should be made,
the court shall make an order authorizing and directing the personal
representative or other fiduciary, or the person having title to or
possession of the property, to execute a conveyance or transfer to
the person entitled thereto, or granting other appropriate relief.

856.5. The court may not grant a petition under this chapter if the
court determines that the matter should be determined by a civil
action.

857. (a) The order is prima facie evidence of the correctness of
the proceedings and of the authority of the personal representative
or other fiduciary or other person to make the conveyance or
transfer.
(b) After entry of an order that the personal representative,
other fiduciary, or other person execute a conveyance or transfer,
the person entitled thereunder has the right to the possession of the
property, and the right to hold the property, according to the terms
of the order as if the property had been conveyed or transferred in
accordance with the terms of the order.

858. If a proceeding has been brought under this part by a
conservator on behalf of a conservatee, or by a guardian on behalf of
a minor, and the conservatee or minor dies during the pendency of
the proceeding, the personal representative of the conservatee or
minor's estate or other successor in interest may proceed with the
matter and the existing proceeding shall not be dismissed on account
of the death of the conservatee or minor.

859. If a court finds that a person has in bad faith wrongfully
taken, concealed, or disposed of property belonging to the estate of
a decedent, conservatee, minor, or trust, the person shall be liable
for twice the value of the property recovered by an action under this
part. The remedy provided in this section shall be in addition to
any other remedies available in law to a trustee, guardian or
conservator, or personal representative or other successor in
interest of a decedent.