Section 13152 Of Chapter 4. Court Order Determining Succession To Property From California Probate Code >> Division 8. >> Part 1. >> Chapter 4.
13152
. (a) The petition shall be verified by each petitioner, shall
contain a request that the court make an order under this chapter
determining that the property described in the petition is property
passing to the petitioner, and shall state all of the following:
(1) The facts necessary to determine that the petition is filed in
the proper county.
(2) The gross value of the decedent's real and personal property
in this state, excluding the property described in Section 13050, as
shown by the inventory and appraisal attached to the petition, does
not exceed one hundred fifty thousand dollars ($150,000).
(3) A description of the particular item of real property in this
state which the petitioner alleges is property of the decedent
passing to the petitioner, and a description of the personal property
which the petitioner alleges is property of the decedent passing to
the petitioner if the requested order also is to include a
determination that the described personal property is property
passing to the petitioner.
(4) The facts upon which the petitioner bases the allegation that
the described property is property passing to the petitioner.
(5) Either of the following, as appropriate:
(A) A statement that no proceeding is being or has been conducted
in this state for administration of the decedent's estate.
(B) A statement that the decedent's personal representative has
consented in writing to use of the procedure provided by this
chapter.
(6) Whether estate proceedings for the decedent have been
commenced in any other jurisdiction and, if so, where those
proceedings are pending or were conducted.
(7) The name, age, address, and relation to the decedent of each
heir and devisee of the decedent, the names and addresses of all
persons named as executors of the will of the decedent, and, if the
petitioner is the trustee of a trust that is a devisee under the will
of the decedent, the names and addresses of all persons interested
in the trust, as determined in cases of future interests pursuant to
paragraph (1), (2), or (3) of subdivision (a) of Section 15804, so
far as known to any petitioner.
(8) The name and address of each person serving as guardian or
conservator of the estate of the decedent at the time of the decedent'
s death, so far as known to any petitioner.
(b) There shall be attached to the petition an inventory and
appraisal in the form set forth in Section 8802 of the decedent's
real and personal property in this state, excluding the property
described in Section 13050. The appraisal shall be made by a probate
referee selected by the petitioner from those probate referees
appointed by the Controller under Section 400 to appraise property in
the county where the real property is located. The appraisal shall
be made as provided in Part 3 (commencing with Section 8800) of
Division 7. The petitioner may appraise the assets which a personal
representative could appraise under Section 8901.
(c) If the petitioner bases his or her claim to the described
property upon the will of the decedent, a copy of the will shall be
attached to the petition.
(d) If the decedent's personal representative has consented to use
of the procedure provided by this chapter, a copy of the consent
shall be attached to the petition.