Upon designation by the court, the probate referee has all the powers of a referee of the superior court and all other powers provided in this chapter.
Probate RefereesPowers of Probate Referee
Section § 450
When a court appoints a probate referee, that person gets all the decision-making powers of a referee in superior court, plus any other responsibilities outlined in this chapter.
probate referee court designation superior court referee powers
Section § 451
This law explains how a probate referee can require people to provide information about property in an estate. The referee can issue a subpoena, which is a legal order, to ensure that people like the personal representative or anyone else who might know about the property appear before them. The subpoena rules follow those used for depositions, which are formal interviews under oath.
(a)CA Probate Code § 451(a) For the purpose of appraisal of property in the estate, the probate referee may require, and may issue a subpoena to compel, the appearance before the referee of the personal representative, guardian, conservator, or other fiduciary, an interested person, or any other person the referee has reason to believe has knowledge of the property.
(b)CA Probate Code § 451(b) A subpoena issued under subdivision (a) is subject to the provisions of Chapter 6 (commencing with
Section 2020.010) of Title 4 of Part 4 of the Code of Civil Procedure governing deposition subpoenas.
probate referee property appraisal estate property
Section § 452
This law allows a probate referee to examine people under oath and require them to provide documents related to the value of property in an estate. The referee can issue a subpoena, which is a legal order, to force the person to comply. The rules for these subpoenas are the same as those for deposition subpoenas under specific California civil procedure laws.
(a)CA Probate Code § 452(a) The probate referee may:
(1)CA Probate Code § 452(a)(1) Examine and take the testimony under oath of a person appearing before the referee.
(2)CA Probate Code § 452(a)(2) Require, and issue a subpoena to compel, the person to produce any document in the person’s possession or control, concerning the value of any property in the estate.
(b)CA Probate Code § 452(b) A subpoena issued under
subdivision (a) is subject to the provisions of Chapter 6 (commencing with Section 2020.010) of Title 4 of Part 4 of the Code of Civil Procedure governing deposition subpoenas.
probate referee examine testimony oath
Section § 453
Under this law, if someone feels uncomfortable about having to appear before a probate referee, they can ask the court for protection from being annoyed or embarrassed. They need to notify the necessary people, like the probate referee and any other involved parties, at least 15 days before the court hearing. During this time, any demands from the probate referee are temporarily put on hold.
Additionally, if someone skips their required appearance with the probate referee, the referee can ask the court to order them to show why they haven't shown up. They, too, must be given a 15-day notice about this court hearing.
(a)CA Probate Code § 453(a) On petition of a person required to appear before the probate referee pursuant to this chapter, the court may make a protective order to protect the person from annoyance, embarrassment, or oppression. The petitioner shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee and to the personal representative, guardian, conservator, or other fiduciary at least 15 days before the date set for the hearing. Any subpoena issued by the probate referee is stayed during the pendency of the petition.
(b)CA Probate Code § 453(b) On petition of the probate referee, the court may make an order to show cause why a person who is required, but
fails, to appear before the probate referee pursuant to this chapter, should
not be compelled to do so. The probate referee shall deliver pursuant to Section 1215 notice of the hearing on the petition to the person at least 15 days before the date set for the hearing.
protective order annoyance protection embarrassment protection
