§ 231 Death Priority Petition Filing

This law says who is allowed to ask the court for a decision when it matters which person died first for their estate.

Key Takeaways

•Only the personal representative (like an executor) can file a petition about priority of death.
•Any other person who cares about the estate can also file the petition.
•The petition is used when the order in which people died affects who gets the estate.

Example

Two brothers inherit from their mother, but the law says the order of death matters for who gets what. The person handling the mom’s estate (the executor) or either brother can ask the court to decide who died first.

Because the executor is the personal representative and the brothers are interested in the estate, either of them can file a petition under this chapter to settle the priority‑of‑death issue.

A petition may be filed under this chapter by any of the following: (a) The personal representative of any person the priority of whose death is in issue under the applicable provision referred to in Section 230. (b) Any other person interested in the estate of any such person. (Enacted by Stats. 1990, Ch. 79.)

This law says who is allowed to ask the court for a decision when it matters which person died first for their estate.

Key Takeaways

•Only the personal representative (like an executor) can file a petition about priority of death.
•Any other person who cares about the estate can also file the petition.
•The petition is used when the order in which people died affects who gets the estate.

Example

Because the executor is the personal representative and the brothers are interested in the estate, either of them can file a petition under this chapter to settle the priority‑of‑death issue.

Key Takeaways

Example

Key Terms

References

§ 231 Death Priority Petition Filing

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References