Expenditures less than twenty dollars may be allowed executors without vouchers. Amounts paid for debts may be allowed.

§ 1632. On the settlement of his account he may be allowed any item of expenditure not exceeding twenty dollars, for which no voucher is produced, if such item be supported by his own uncontradicted oath positive to the fact of payment, specifying when, where, and to whom it was made; but such allowances in the whole must not exceed five hundred dollars against any one estate, provided, that if it appears by the oath to the account and is proven by competent evidence, to the satisfaction of the court, that a voucher for any disbursement or disbursements whatsoever, has been lost or destroyed, and that it is impossible to obtain a duplicate thereof and that such item or items were paid in good faith and for the best interests of the estate, and such item or items were legal charges against said estate, then the executor or administrator shall be allowed such item or items.

If, upon such settlement of accounts, it appears that debts against the deceased have been paid without the affidavit and allowance prescribed by statute or sections 1494, 1495, and 1496 of this code, and it shall be proven by competent evidence to the satisfaction of the court that such debts were justly due, were paid in good faith, that the amount paid was the true amount of such indebtedness over and above all payments or setoffs, and that the estate is solvent, it shall be the duty of the said court to allow the said sums so paid in the settlement of said accounts. [Amendment approved April 5, 1911; Stats. 1911, p. 680.]

§ 1634.

Citations. App. 9/406.

§ 1635.

Citations. App. 18/221.

§ 1636.

Citations. App. 13/221.

§ 1637.

Citations. App. 9/405; 13/221, 223 (cited as § 1737). Deceased executor's accounts.

§ 1639. If any executor, administrator or guardian dies, his accounts may be presented by his personal representative to, and settled by, the court in which the estate of which he was executor, administrator or guardian is being administered, and, upon petition of the successor of such deceased executor, administrator or guardian, such court may compel the personal representatives of such deceased executor, administrator or guardian to render an account of the administration of their testator or intestate, and must settle such account as in other cases. [Amendment approved March 4, 1911; Stats. 1911, p. 280.]

§ 1643.

Citations. Cal. 155/210.

§ 1647.

Citations. Cal. 155/210.

Payment of legacies.

§ 1658. At any time after the lapse of four months from the issuing of letters testamentary or of administration, any heir, devisee, legatee (or his assignee, grantee or successor in interest) may present his petition to the court for the legacy or share of the estate to which he is entitled, or any portion thereof, to be given to him upon his giving bonds, with security, for the payment of his proportion of the debts of the estate. [Amendment approved April 24, 1911; Stats. 1911, p. 1085.] Citations. Cal. 157/538, 550.

Prayer of applicant granted. Legatee's bond. Executor to deliver heirs' portion.

§ 1661. If, at the hearing, it appears that the estate is but little indebted, and that the share of the party applying may be allowed to him without loss to the creditors of the estate, the court must make an order in conformity with the prayer of the applicant, requiring:

1. Each heir, legatee, devisee (or his assignee, grantee, or successor in interest) obtaining such order, before receiving his share or any portion thereof, to execute and deliver to the executor or administrator, a bond, in such sum as may be designated by the court, or a judge thereof, with sureties to be approved by the judge, payable to the executor or administrator, and conditioned for the payment, whenever required, of his proportion of the debts due from the estate, not exceeding the value or amount of the legacy or portion of the estate to which he is entitled. Where the time for filing or presenting claims has expired, and all claims that have been allowed, have been paid, or are secured by mortgage upon real estate sufficient to pay them, and the court is satisfied that no injury can result to the estate, the court may dispense with the bond;

2. The executor or administrator to deliver to the heir, legatee, devisee (or his assignee, grantee or successor in interest), the whole portion of the estate to which he may be entitled, or only a part thereof designating it.

If, in the execution of the order, a partition is necessary between two or more of the parties interested, it must be made in the manner hereinafter prescribed. The costs of these proceedings must be paid by the applicant, or if there are more than one, must be apportioned equally among them. [Amendment approved April 24, 1911; Stats. 1911, p. 1085.]

Citations. Cal. 157/550, 551, 708.

§ 1665. Upon the final settlement of the accounts of the executor or administrator, or at any subsequent time, upon the application of the executor or administrator, or of any heir, legatee, devisee, (or his as signee, grantee or successor in interest), the court must proceed to distribute the residue of the estate in the hands of the executor or admin istrator, if any, among the persons who by law are entitled thereto; and if the decedent has left a surviving child, or the issue of a deceased child, and any of them, before the close of the administration, have died while under age and not having been married, no administration on such deceased child's estate is necessary, but all the estate which such deceased child was entitled to by inheritance must, without administration, be distributed as provided in the Civil Code. A statement of any receipts and disbursements of the executor or administrator, since the rendition of his final account, must be reported and filed at the time of making such distribution; and a settlement thereof, together with an estimate of the expenses of closing the estate, must be made by the court, and included in the order or decree, or the court or judge may order notice of the settlement of such supplementary account, and refer the same as in other cases of the settlement of accounts. [Amendment approved April 24, 1911; Stats. 1911, p. 1086.]

Citations. Cal. 156/516; 157/550.

§ 1666.

Citations. Cal. 156/515.

Distribution when decedent was not a resident of the state.

§ 1667. Upon application for distribution, after final settlement of the accounts of administration, if the decedent was a nonresident of this state, leaving a will which has been duly proved or allowed in the state of his residence, and an authenticated copy thereof has been admitted to probate in this state, or if the decedent died intestate, and an administrator has been duly appointed and qualified in the state of his residence, and it is necessary, in order that the estate, or any part thereof, may be distributed according to the will, or if the court is satisfied that it is for the best interests of the estate, that the estate in this state should be delivered to the executor or administrator in the state or place of the decedent's residence, the court may order such delivery to be made, and, if necessary, order a sale of the real estate, and a like delivery of the proceeds. The delivery, in accordance with the order of the court, is a full discharge of the executor or administrator with the will annexed or administrator, in this state, in relation to all property embraced in such order, which, unless reversed on appeal, binds and coneludes all parties in interest. Sales of real estate, ordered by virtue of

this section, must be made in the same manner as other sales of real estate of decedents by order of the court. [Amendment approved April 7, 1911; Stats. 1911, p. 708.]

§ 1714. The provisions of part II of this code, relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this title, apply to the proceedings mentioned in this title, provided, that hereafter a motion for a new trial in probate proceedings can be made only in cases of contests of wills, either before or after probate and in proceedings under section 1664 of this code. [Amendment approved March 20, 1911; Stats. 1911, p. 399.]

Citations. Cal. 156/91, 92, 93; 158/3, 4, 5, 6.

Appeal, when taken.

§ 1715. The appeal may be taken at any time after the order, decree, or judgment is made or rendered, but not later than sixty days after the same is entered in the minute-book of the court as provided in section 1704. [Amendment approved March 20, 1911; Stats. 1911, p. 399.]

Citations. Cal. 156/90, 92, 93; 158/3, 5, 6, 7.

§ 1720.

Citations. Cal. 155/454.

Death before patent is issued.

§ 1724. In any case where a person has entered, or shall have entered, any lands in the United States and has died, or shall die, before patent for the same was issued, or shall have been issued, and patent thereafter was, or shall have been issued to the heirs of such decedent, any person interested in such lands as heir at law, or the successor in interest of such heir at law or the administrator, or executor, or heir at law of any of them if deceased, may file a petition in the superior court of the state of California in and for the county wherein said land or any part thereof is situate, setting forth the date of the death of such deceased entryman, the date and the issuance of such patent, and that the same was issued to the heirs at law of such deceased entryman, and the land described therein and the names, ages, and residences, if known, of the heirs at law of such deceased entryman, (or if any such heirs are dead, or their residence is unknown, such facts shall be stated), and a request that a decrce be entered in said court establishing who are or were the heirs at law of such deceased person.

Notice of the time and place for the hearing of said petition must be given by the clerk by posting notices thereof in three or more public places in said county at least ten days prior to the date fixed for said hearing.

At any time before the date fixed for such hearing any person interested in said lands may answer said petition and deny any of the matters contained therein.

At the time fixed for such hearing or at such time thereafter as may be fixed by the court, the court must hear the proofs offered by the petitioner and the person answering the same, if there be any answer thereto, and must make a decree conformable to the proofs. Such decree shall have the same force and effect as decrees entered in accordance with the provisions of part III, title XI of this code. [Amendment approved February 25, 1911; Stats. 1911, p. 78.]

§ 1726.

Citations. App. 8/257.

Burial expenses of deceased persons.

§ 1726a. Whenever a public administrator takes possession of the estate of a deceased person, as provided in section 1726 of this code, and the method of the defrayal of the expense of the burial of said deceased is not otherwise provided for by law, or by the rules, agreement or death benefits of any order or lodge to which the deceased may at the time of his death belong, or with which he may have been affiliated, the public administrator may, in order to defray the proper expenses of the burial of the body of the deceased, apply to a judge of the superior court of the county in which said public administrator is acting, for an order