California Probate Code

§ 3803

PROB § 3803Div. 4 · Part 8 · Ch. 6

Statute text

(a)Upon the petition, if the court determines that removal of the property will not conflict with any restriction or limitation on the property or impair the right of the nonresident to the property or the rights of creditors or claimants in this state, the court shall make an order granting to the nonresident fiduciary leave to remove the property of the nonresident to the place of residence unless good cause to the contrary is shown.

(b)The order is authority to the fiduciary to sue for and receive the property in his or her own name for the use and benefit of the nonresident.

(c)The order is a discharge of the personal representative or other person in whose possession the property may be at the time the order is made and of the person obligated to pay a debt, perform an obligation, or issue a security to the nonresident or the estate of the nonresident, upon filing with the clerk of the court the receipt of the nonresident fiduciary for the property and transmitting a duplicate receipt, or a certified copy of the receipt, to the court, if any, from which the nonresident fiduciary received his or her appointment.

Legislative history

Enacted by Stats. 1990, Ch. 79.