Section 13154 Of Chapter 4. Court Order Determining Succession To Property From California Probate Code >> Division 8. >> Part 1. >> Chapter 4.
13154
. (a) If the court makes the determinations required under
subdivision (b), the court shall issue an order determining (1) that
real property, to be described in the order, of the decedent is
property passing to the petitioners and the specific property
interest of each petitioner in the described property and (2) if the
petition so requests, that personal property, to be described in the
order, of the decedent is property passing to the petitioners and the
specific property interest of each petitioner in the described
property.
(b) The court may make an order under this section only if the
court makes all of the following determinations:
(1) The gross value of the decedent's real and personal property
in this state, excluding the property described in Section 13050,
does not exceed one hundred fifty thousand dollars ($150,000).
(2) Not less than 40 days have elapsed since the death of the
decedent.
(3) Whichever of the following is appropriate:
(A) No proceeding is being or has been conducted in this state for
administration of the decedent's estate.
(B) The decedent's personal representative has consented in
writing to use of the procedure provided by this chapter.
(4) The property described in the order is property of the
decedent passing to the petitioner.
(c) If the petition has attached an inventory and appraisal that
satisfies the requirements of subdivision (b) of Section 13152, the
determination required by paragraph (1) of subdivision (b) of this
section shall be made on the basis of the verified petition and the
attached inventory and appraisal, unless evidence is offered by a
person opposing the petition that the gross value of the decedent's
real and personal property in this state, excluding the property
described in Section 13050, exceeds one hundred fifty thousand
dollars ($150,000).