2005 California Probate Code Sections 2616-2619 Article 2.5. Examination Concerning Assets of EstatePROBATE CODE
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.
Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.