§ 1430.

Citations. App. 8/257.

§ 1431.

Citations. App. 8/256, 257.

§ 1432.

Citations. App. 8/257, 258.

§ 1433.

Citations. App. 8/257.

Appraisers of estates of deceased persons.

§ 1444. To make the appraisement, the court, or a judge thereof, must appoint three disinterested persons, one of whom must be one of the inheritance tax appraisers provided for by law (any two of which appraisers may act); provided, that the court may, in its discretion, appoint said inheritance tax appraiser as sole appraiser to appraise said estate. Said appraisers are entitled to receive a reasonable compensation for their services, not to exceed five dollars per day, to be allowed by the court or judge. The appraisers or appraiser must, with the inventory, file a verified account of their or his services and disbursements. If any part of the estate is in any other county than that in which letters issued, an appraiser or appraisers thereof may in the same manner as above provided, be appointed, either by the court or judge having jurisdiction of the estate, or by the court or judge of such other county, on request of the court or judge having jurisdiction. No clerk or deputy, nor any person related by consanguinity or affinity to or connected by marriage with, or being a partner or employee of the judge of the court, shall be appointed or shall be competent to act as appraiser in any estate, or matter or proceeding pending before said judge or in said court. [Amendment approved April 7, 1911; Stats. 1911, p. 712.]

§ 1452.

Citations. Cal. 158/724. App. 12/557.

§ 1453.

Citations. App. 12/557.

§ 1465.

Citations. Cal. 156/237; 157/519, 521, 527; 158/423, 424.

§ 1466.

Citations.

§ 1467.

Cal. 156/237; 157/519, 521, 527; 158/423, 424. App. 13/118.

Citations. Cal. 157/521.

§ 1468.

Citations. Cal. 157/521; 158/423, 424.

Administration of estates not exceeding fifteen hundred dollars in value. § 1469. If a deceased person leave a widow or minor child or minor children and upon the return of the inventory of the estate of such deceased person it shall appear to the court or a judge thereof by the verified petition of the personal representative of such deceased person or of his widow or of his minor children or child or of the guardian of such minor children or of any of them that the net value of the whole estate of said deceased over and above all liens or encumbrances of record at the date of the death of said deceased does not exceed the sum of fifteen hundred dollars, the court, or a judge thereof shall, by order, require all persons interested to appear on a day fixed to show cause why the whole of said estate should not be assigned for the use and support of the family of the deceased. Notice thereof shall be given and proceedings had in the same manner as provided in sections 1633, 1635 and 1638 of this code. If, upon the hearing, the court finds that the net value of the estate over and above all liens or encumbrances of record at the date of death of said deceased does not exceed the sum of fifteen hundred dollars, it shall, by decree for that purpose, assign to the widow of the deceased, if there be a widow, or if there be no widow, then to the minor children of the deceased, if there be minor children, the whole of the estate, subject to whatever mortgages, liens, or encumbrances there may be upon said estate at the time of the death of said deceased, after the payment of the expenses of the last illness of the deceased, funeral charges, and expenses of administration, and the title thereof shall vest absolutely in such widow, if there is a widow, or if there is no widow, in the minor children or child, subject to whatever mortgages, liens or encumbrances there may be upon said estate at the time of the death of the deceased, and there must be no further proceedings in the administration, unless further estate be discovered. [Amendment approved March 25, 1911; Stats. 1911, p. 498.]

Citations. Cal. 158/420, 421, 422, 423, 424, 428, 429.

Rights of survivor to homestead.

§ 1474. If the homestead selected by the husband and wife, or either of them, during their coverture, and recorded while both are living, was selected from the community property, or from the separate property of the persons selecting or joining in the selection of the same, it vests, on the death of the husband or wife, absolutely in the survivor. If the homestead was selected from the separate property of either the husband or wife, without his or her consent, it vests, on the death of the person from whose property it was selected, in his or her heirs, or devisees, subjeet to the power of the superior court to assign it for a limited period to the family of the decedent. In either case it is not subject to the payment of any debt or liability contracted by or existing against the

husband and wife, or either of them, previous to or at the time of the death of such husband or wife, except as provided in the Civil Code. [Amendment approved March 1, 1911; Stats. 1911, p. 254.]

Citations. App. 12/352, 858.

§ 1475.

Citations. Cal. 155/272, 802, 804.

§ 1485.

Citations. Cal. 155/804.

Notice to creditors of deceased persons.

§ 1490. Every executor, or administrator must, immediately after his appointment, cause to be published in some newspaper of the county, if there be one, if not, then in such newspaper as may be designated by the judge or court, a notice to the creditors of the decedent, requiring all persons having claims against him to exhibit them, with the necessary vouchers, to the executor or administrator, at the place of his residence or business, to be specified in the notice provided, that said residence or place of business shall be in the county in which said proceeding is had. Such notice must be published as often as the court or judge shall direct, but not less than once a week for four weeks. The court or judge may also direct additional notice by publication or posting. In case such executor or administrator resigns, or is removed, be fore the time expressed in the notice, his successor must give notice only for the unexpired time allowed for such presentation. [Amendment approved March 21, 1911; Stats. 1911, p. 424.]

Citations. App. 9/755.

Filing copy of printed notice to creditors.

§ 1491a. Within thirty days after the first publication of notice to creditors, the executor or administrator must file or cause to be filed in the court a printed copy of said notice to creditors accompanied by a statement setting forth the date of the first publication thereof and the name of the newspaper in which the same is printed. [New section added March 24, 1911; Stats. 1911, p. 476.]

§ 1493.

Citations.

App. 10/579.

§ 1494.

Cal. 155/210, 401, 806. App. 9/755; 12/105. Prob. Act, § 130:

Citations. App. 9/515, 516; 12/611. Prob. Act, § 131: App. 10/579. § 1497.

Citations. Cal. 155/800, 807. App. 12/104, 615.

§ 1499.

Citations. App. 9/514; 12/103.

§ 1500.

Citations. Cal. 155/210, 211, 213, 803, 804; 156/712.

§ 1581.

Citations. Cal. 158/724, 782, 734. App. 12/110, 557.

Expenses of executors. Their attorneys. Appeal from order of court. § 1616. The executor or administrator shall be allowed all necessary expenses in the care, management, and settlement of the estate, and for his services such fees as provided in this chapter; but when the decedent, by his will, makes some other provision for the compensation of his executor, that shall be a full compensation for his services, unless by a written instrument, filed in the court, he renounces all claim for compensation provided for in the will. At any time after one year from the admission of a will to probate, or the granting of letters of administration, any executor, or administrator, may, upon such notice to the other parties interested in the estate as the court shall by order require, apply to the court for an allowance to himself upon his commissions, and the court shall on the hearing of such application make an order allowing such executor or administrator such portion of his commissions as to the court shall seem proper, and the portion so allowed may be thereupon charged against the estate. Any attorney who has rendered services to an executor or administrator may at any time during the administration, and upon such notice to the other parties interested in the estate as the court shall by order require, apply to the court for an allowance to himself of compensation therefor, and the court shall on the hearing of such application make an order requiring the executor or administrator to pay to such attorney out of the estate such compensation on account of services rendered by such attorney up to the date of such order as to the court shall seem proper, and such payment shall be forthwith made.

Any attorney making such application to the court for compensation and all other persons interested in the estate may appeal from any order made by the court fixing the amount of such compensation, and ordering the same paid. [Amendment approved April 7, 1911; Stats. 1911, p. 707.] Cal. 155/451, 452, 453, 454, 458; 158/356, 857. App. 8/774,

Citations.

776, 777.

§ 1618.

Citations. Cal. 155/452. App. 8/357, 358, 359, 360, 758, 759, 760, 761. § 1619.

Citations. Cal. 155/452, 453, 454, 458, 459; 158/356, 357. App. 8/774. § 1622.

Citations. Cal. 156/130, 131.

§ 1626.

Citations. App. 10/167.

§ 1628.

Citations. App. 13/222.