SECTIONS 8570-8577 - California Statutes

PROBATE CODE

SECTION 8570-8577

8570. As used in this article, "nonresident personal representative"
means a nonresident of this state appointed as personal
representative, or a resident of this state appointed as personal
representative who later removes from and resides without this state.

8571. Notwithstanding any other provision of this chapter and
notwithstanding a waiver of a bond, the court in its discretion may
require a nonresident personal representative to give a bond in an
amount determined by the court.

8572. (a) Acceptance of appointment by a nonresident personal
representative is equivalent to and constitutes an irrevocable and
binding appointment by the nonresident personal representative of the
Secretary of State to be the attorney of the personal representative
for the purpose of this article. The appointment of the nonresident
personal representative also applies to any personal representative
of a deceased nonresident personal representative.
(b) All lawful processes, and notices of motion under Section
377.41 of the Code of Civil Procedure, in an action or proceeding
against the nonresident personal representative with respect to the
estate or founded on or arising out of the acts or omissions of the
nonresident personal representative in that capacity may be served on
the Secretary of State as the attorney for service of the
nonresident personal representative.

8573. A nonresident personal representative shall sign and file
with the court a statement of the permanent address of the
nonresident personal representative. If the permanent address is
changed, the nonresident personal representative shall promptly file
in the same manner a statement of the change of address.

8574. (a) Service of process or notice of a motion under Section
377.41 of the Code of Civil Procedure in any action or proceeding
against the nonresident personal representative shall be made by
delivering to and leaving with the Secretary of State two copies of
the summons and complaint or notice of motion and either of the
following:
(1) A copy of the statement by the nonresident personal
representative under Section 8573.
(2) If the nonresident personal representative has not filed a
statement under Section 8573, a copy of the letters issued to the
nonresident personal representative together with a written statement
signed by the party or attorney of the party seeking service that
sets forth an address for use by the Secretary of State.
(b) The Secretary of State shall promptly mail by registered mail
one copy of the summons and complaint or notice of motion to the
nonresident personal representative at the address shown on the
statement delivered to the Secretary of State.
(c) Personal service of process, or notice of motion, on the
nonresident personal representative wherever found shall be the
equivalent of service as provided in this section.

8575. Proof of compliance with Section 8574 shall be made in the
following manner:
(a) In the event of service by mail, by certificate of the
Secretary of State, under official seal, showing the mailing. The
certificate shall be filed with the court from which process issued.
(b) In the event of personal service outside this state, by the
return of any duly constituted public officer qualified to serve like
process, or notice of motion, of and in the jurisdiction where the
nonresident personal representative is found, showing the service to
have been made. The return shall be attached to the original summons,
or notice of motion, and filed with the court from which process
issued.

8576. (a) Except as provided in this section, service made under
Section 8574 has the same legal force and validity as if made
personally in this state.
(b) A nonresident personal representative served under Section
8574 may appear and answer the complaint within 30 days from the date
of service.
(c) Notice of motion shall be served on a nonresident personal
representative under Section 8574 not less than 30 days before the
date of the hearing on the motion.

8577. (a) Failure of a nonresident personal representative to
comply with Section 8573 is cause for removal from office.
(b) Nothing in this section limits the liability of, or the
availability of any other remedy against, a nonresident personal
representative who is removed from office under this section.