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HomeProbate CodeDiv. 3Pt. 3Ch. 1§ 1303 Appealable Probate Orders

§ 1303 Appealable Probate Orders

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1303 Appealable Probate Orders

This law says you can appeal certain court orders that deal with a dead person's estate, like who gets the money or property and how the estate is handled.

Key Takeaways

  • •You can appeal orders that grant or take away letters to a personal representative (except special administration letters).
  • •You can appeal decisions about admitting a will to probate or taking it out of probate.
  • •You can appeal orders that set aside a small estate, protect a homestead, give or change a family allowance, decide who inherits, direct how property is divided, confirm a surviving spouse’s rights, let a personal representative invest surplus money, decide if a case is a contest, set debt priority, or any final order in certain probate chapters.

Example

A sibling asks the court to give someone letters to act as the estate’s personal representative, but the court says no. The sibling can appeal that decision.

Because the law says the grant or refusal of letters to a personal representative is appealable, the sibling can ask a higher court to review the decision.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1303 Appealable Probate Orders

With respect to a decedent’s estate, the grant or refusal to grant the following orders is appealable: (a) Granting or revoking letters to a personal representative, except letters of special administration or letters of special administration with general powers. (b) Admitting a will to probate or revoking the probate of a will. (c) Setting aside a small estate under Section 6609. (d) Setting apart a probate homestead or property claimed to be exempt from enforcement of a money judgment. (e) Granting, modifying, or terminating a family allowance. (f) Determining heirship, succession, entitlement, or the persons to whom distribution should be made. (g) Directing distribution of property. (h) Determining that property passes to, or confirming that property belongs to, the surviving spouse under Section 13656. (i) Authorizing a personal representative to invest or reinvest surplus money under Section 9732. (j) Determining whether an action constitutes a contest under former Chapter 2 (commencing with Section 21320) of Part 3 of Division 11, as that chapter read prior to its repeal by Chapter 174 of the Statutes of 2008. (k) Determining the priority of debts under Chapter 3 (commencing with Section 11440) of Part 9 of Division 7. (l) Any final order under Chapter 1 (commencing with Section 20100) or Chapter 2 (commencing with Section 20200) of Division 10. (Amended by Stats. 2009, Ch. 348, Sec. 5. (SB 308) Effective January 1, 2010.)

Last verified: January 11, 2026

Key Terms

decedent’s estateappealable orderspersonal representativeprobateheirshipsuccessiondistribution of propertyfamily allowancepriority of debts

Related Statutes

  • § 1208 Trust Beneficiary Notice Requirements
  • § 1501 Minor Property Guardian Nomination
  • § 202 Combining Estate Administration Proceedings
  • § 353 Estate Definitions And Types
  • § 1000 Probate Proceedings Civil Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 1303.
View Official Source