Chapter 3 - Distribution of Property in Estate

California Probate Code — §§ 11750-11754

Sections (5)

Enacted by Stats. 1990, Ch. 79.

(a)The personal representative is responsible for distribution of the property in the estate in compliance with the terms of the court order for distribution.

(b)A distributee may demand, sue for, and recover from the personal representative or any person in possession, property to which the distributee is entitled.

(c)A distribution of property made in compliance with the terms of the court order for distribution is valid as to a person acting in good faith and for a valuable consideration.

§ 11751

Enacted by Stats. 1990, Ch. 79.

The personal representative shall obtain the receipt of the distributee for property in the estate distributed by the personal representative. In the case of real property, the personal representative shall record the court order for distribution or the personal representative’s deed or both in the county in which the real property is located. Recordation of the order or deed is deemed to be a receipt of the distributee for the property.

§ 11752

Enacted by Stats. 1990, Ch. 79.

If personal property in the possession of a distributee is subject to possession by the distributee for life only, the personal representative shall demand an inventory of the property from the distributee. On receipt, the personal representative shall file the inventory with the court and deliver a copy to any distributee of the remainder.

§ 11753

Enacted by Stats. 1990, Ch. 79.

(a)Distribution in compliance with the court order entitles the personal representative to a full discharge with respect to property included in the order.

(b)The personal representative shall, before or at the time of the petition for discharge, file receipts for all property in the estate. In the case of real property, the personal representative shall file a statement that identifies the date and place of the recording and other appropriate recording information for the court order for distribution or the personal representative’s deed.

(c)The court may excuse the filing of a receipt on a showing that the personal representative is unable, after reasonable effort, to obtain a receipt and that the property has been delivered to or is in the possession of the distributee.

§ 11754

Added by Stats. 1994, Ch. 806, Sec. 34. Effective January 1, 1995.

Expenses of administration of the estate shall include reasonable storage, delivery, and shipping costs for distribution of tangible personal property to a distributee.