The court in proceedings under this code is a court of general jurisdiction and the court, or a judge of the court, has the same power and authority with respect to the proceedings as otherwise provided by law for a superior court, or a judge of the superior court, including, but not limited to, the matters authorized by Section 128 of the Code of Civil Procedure.
General ProvisionsJurisdiction
Section § 800
This law states that the court handling these probate cases is a general jurisdiction court, meaning it can handle any type of legal matter that comes its way. The court, or its judge, has the same authority as a superior court judge. This includes all powers typically granted to them, like those described in Section 128 of the Code of Civil Procedure.
general jurisdiction probate proceedings court authority
Section § 801
This law allows a court to decide to handle a part of a legal case separately from the main case. The court can make this decision on its own or if someone involved in the case requests it. Once a decision is made, and after paying the necessary fees, the separated part will be handled in its own civil case.
The court, on its own motion or on the motion of any interested party, may order that an action or proceeding not specifically provided in this code be determined in a separate civil action. Upon the payment of the appropriate filing fees, the court may order transfer of the severed action or proceeding to the separate civil action.
separate civil action court motion interested party
