2005 California Probate Code Sections 2616-2619 Article 2.5. Examination Concerning Assets of Estate

PROBATE CODE
SECTION 2616-2619

2616.  (a) A petition may be filed under this article by any one or
more of the following:
   (1) The guardian or conservator.
   (2) The ward or conservatee.
   (3) A creditor or other interested person, including persons
having only an expectancy or prospective interest in the estate.
   (b) Upon the filing of a petition under this article, the court
may order that a citation be issued to a person to answer
interrogatories, or to appear before the court and be examined under
oath, or both, concerning any of the following allegations made in
the petition:
   (1) The person has wrongfully taken, concealed, or disposed of
property of the ward or conservatee.
   (2) The person has knowledge or possession of any of the
following:
   (A) A deed, conveyance, bond, contract, or other writing that
contains evidence of or tends to disclose the right, title, interest,
or claim of the ward or conservatee to property.
   (B) An instrument in writing belonging to the ward or conservatee.
   (3) The person asserts a claim against the ward or conservatee or
the estate.
   (4) The estate asserts a claim against the person.
   (c) If the citation requires the person to appear before the
court, the court and the petitioner may examine the person under oath
upon the matters recited in the petition.  The citation may include
a requirement for this person to produce documents and other personal
property specified in the citation.
   (d) Disobedience of a citation issued pursuant to this section may
be punished as a contempt of the court issuing the citation.
2617.  Interrogatories may be put to a person cited to answer
interrogatories under Section 2616.  The interrogatories and answers
shall be in writing.  The answers shall be signed under penalty of
perjury by the person cited.  The interrogatories and answers shall
be filed with the court.
2618.  (a) At an examination, witnesses may be produced and examined
on either side.
   (b) If upon the examination it appears that the allegations of the
petition are true, the court may order the person to disclose the
person's knowledge of the facts.
   (c) If upon the examination it appears that the allegations of the
petition are not true, the person's necessary expenses, including
reasonable attorney's fees, shall be charged against the petitioner
or allowed out of the estate, in the discretion of the court.
2619.  (a) On petition of the guardian or conservator, the court may
issue a citation to a person who has possession or control of
property in the estate of the ward or conservatee to appear before
the court and make an account under oath of the property and the
person's actions with respect to the property.
   (b) Disobedience of a citation issued pursuant to this section may
be punished as a contempt of the court issuing the citation.


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