SECTIONS 8870-8873 - California Statutes

PROBATE CODE

SECTION 8870-8873

8870. (a) On petition by the personal representative or an
interested person, the court may order that a citation be issued to a
person to answer interrogatories, or to appear before the court and
be examined under oath, or both, concerning any of the following
allegations:
(1) The person has wrongfully taken, concealed, or disposed of
property in the estate of the decedent.
(2) The person has knowledge or possession of any of the
following:
(A) A deed, conveyance, bond, contract, or other writing that
contains evidence of or tends to disclose the right, title, interest,
or claim of the decedent to property.
(B) A claim of the decedent.
(C) A lost will of the decedent.
(b) If the person does not reside in the county in which the
estate is being administered, the superior court either of the county
in which the person resides or of the county in which the estate is
being administered may issue a citation under this section.
(c) Disobedience of a citation issued pursuant to this section may
be punished as a contempt of the court issuing the citation.
(d) Notice to the personal representative of a proceeding under
subdivision (a) shall be given for the period and in the manner
provided in Section 1220. Other persons requesting notice of the
hearing pursuant to Section 1250 shall be notified by the person
filing the petition as set forth in Section 1252.

8871. Interrogatories may be put to a person cited to answer
interrogatories pursuant to Section 8870. The interrogatories and
answers shall be in writing. The answers shall be signed under
penalty of perjury by the person cited. The interrogatories and
answers shall be filed with the court.

8872. (a) At an examination witnesses may be produced and examined
on either side.
(b) If upon the examination it appears that the allegations of the
petition are true, the court may order the person to disclose the
person's knowledge of the facts to the personal representative.
(c) If upon the examination it appears that the allegations of the
petition are not true, the person's necessary expenses, including a
reasonable attorney's fee, shall be charged against the petitioner or
allowed out of the estate, in the discretion of the court.

8873. (a) On petition by the personal representative, the court may
issue a citation to a person who has possession or control of
property in the decedent's estate to appear before the court and make
an account under oath of the property and the person's actions with
respect to the property.
(b) Disobedience of a citation issued pursuant to this section may
be punished as a contempt of the court issuing the citation.