Section § 230

Explanation

This section allows someone to file a petition if they need a legal determination of whether one person outlived another in several specific scenarios. These could include settling questions about inheritance, distributions from a will, or receiving survivor benefits from certain systems, such as education or government-related programs. The law is used to clarify survival status for various financial and legal purposes.

A petition may be filed under this chapter for any one or more of the following purposes:
(a)CA Probate Code § 230(a) To determine for the purposes of Section 103, 220, 222, 223, 224, 6211, 6242, 6243, 6403, 21109, 21110 or other provision of this code whether one person survived another.
(b)CA Probate Code § 230(b) To determine for the purposes of Section 673 whether issue of an appointee survived the donee.
(c)CA Probate Code § 230(c) To determine for the purposes of Section 24611 of the Education Code whether a person has survived in order to receive benefits payable under the system.
(d)CA Probate Code § 230(d) To determine for the purposes of Section 21509 of the Government Code whether a person has survived in order to receive money payable under the system.

Section § 231

Explanation

This law explains who can file a petition regarding the order in which people died, which can affect estate matters. It can be filed by either the personal representative of a deceased person whose death order is in question, or by anyone else who has an interest in that person’s estate.

A petition may be filed under this chapter by any of the following:
(a)CA Probate Code § 231(a) The personal representative of any person the priority of whose death is in issue under the applicable provision referred to in Section 230.
(b)CA Probate Code § 231(b) Any other person interested in the estate of any such person.

Section § 232

Explanation

If you're involved in a legal case about someone's estate (their assets and debts after they pass away), you need to file your legal request in the same court case where you were given a role, like executor, or where you believe you have a stake. Once a specific court starts handling the case, that court will be the only one in charge of all issues related to that estate.

(a)CA Probate Code § 232(a) The petition shall be filed in the estate proceeding in which the person filing the petition received his or her appointment or in the estate proceeding for the estate in which the person filing the petition claims an interest.
(b)CA Probate Code § 232(b) The court that first acquires jurisdiction under this section has exclusive jurisdiction for the purposes of this chapter.

Section § 233

Explanation

This law section explains that when there is a hearing on a petition about the order of death of certain individuals, specific people must be notified about the hearing. These include any personal representatives, known devisees, and known heirs of the deceased individuals whose death order is in question. Additionally, anyone who requested special notice or who has appeared in the court proceedings must also be informed about the hearing.

Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons:
(a)CA Probate Code § 233(a) The personal representative of each person the priority of whose death is in issue if there is a personal representative for the person.
(b)CA Probate Code § 233(b)  Each known devisee of each person the priority of whose death is in issue.
(c)CA Probate Code § 233(c)  Each known heir of each person the priority of whose death is in issue.
(d)CA Probate Code § 233(d) All persons (or their attorneys if they have appeared by attorneys) who have requested special notice as provided in Section 1250 in the proceeding in which the petition is filed or who have given notice of appearance in person or by attorney in that proceeding.

Section § 234

Explanation

This law explains what a court should do when it's necessary to determine the order in which deceased persons died. If the court can't determine who died first with clear evidence, they'll issue a statement saying it's uncertain. If there is clear evidence about who died first, they'll issue a statement detailing the order of death. This final statement is legally binding on the deceased persons' representatives and anyone claiming through them.

If the court determines that the named persons are dead and that it has not been established by clear and convincing evidence that one person survived another, the court shall make an order to that effect. If the court determines that the named persons are dead and that there is clear and convincing evidence that one person survived another, the court shall make an order setting forth the order in which the persons died. The order, when it becomes final, is a binding determination of the facts set forth in the order and is conclusive as against the personal representatives of the deceased persons named in the order and against all persons claiming by, through, or under any of the deceased persons.