2005 California Probate Code Sections 200-204 CHAPTER 1. PROCEEDINGS TO ESTABLISH DEATH

PROBATE CODE
SECTION 200-204

200.  If title to or an interest in real or personal property is
affected by the death of a person, another person who claims an
interest in the property may commence proceedings pursuant to this
chapter to establish the fact of the death.
201.  (a) Proceedings under this chapter shall be commenced in the
superior court of the county of which the decedent was a resident at
the time of death or in the superior court of any county in which the
property is located.
   (b) Proceedings under this chapter shall be commenced by filing a
petition that sets forth all of the following information:
   (1) The jurisdictional facts.
   (2) A particular description of the affected property and of the
interest of the petitioner in the property.
202.  If proceedings for the administration of the decedent's estate
are pending, proceedings under this chapter may be combined with the
administration proceedings in the following manner:
   (a) The petition shall be filed in the administration proceedings
by the person affected or by the personal representative.
   (b) The petition shall be filed at any time before the filing of a
petition for final distribution.  The petition may be included in a
petition for probate of the will of the decedent or for letters.
   (c) The petition shall be filed without any additional fee.
203.  (a) Except as provided in subdivision (b), notice of the
hearing shall be given as provided in Section 1220.
   (b) If the person who commenced the proceedings files an affidavit
with the petition stating that the person has no reason to believe
there is any opposition to, or contest of, the petition, the court
may act ex parte.
204.  (a) The petition and supporting affidavits may be received in
evidence and acted upon by the court with the same force and effect
as if the petitioner and affiants were personally present and
testified to the facts set forth.
   (b) The court may render judgment establishing the fact of the
death.  The judgment is prima facie evidence of the fact of the
death.  The presumption established by this subdivision is a
presumption affecting the burden of producing evidence.


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