2007 California Probate Code Article 1. Taking Temporary Possession Or Control Of Property 7600-7604

CA Codes (prob:7600-7604)

7600.  If a public officer or employee knows of property of a
decedent that is subject to loss, injury, waste, or misappropriation
and that ought to be in the possession or control of the public
administrator, the officer or employee shall inform the public
administrator.



7600.5.  If a person dies in a hospital, convalescent hospital, or
board and care facility without known next of kin, the person in
charge of the hospital or facility shall give immediate notice of
that fact to the public administrator of the county in which the
hospital or facility is located.  If the notice required by this
section is not given, the hospital or facility is liable for (1) any
cost of interment incurred by the estate or the county as a result of
the failure and (2) any loss to the estate or beneficiaries caused
by loss, injury, waste,  or misappropriation of property of the
decedent as a result of the failure.


7600.6.  A funeral director in control of the decedent's remains
pursuant to subdivision (c) of Section 7100 of the Health and Safety
Code shall notify the public administrator if none of the persons
described in paragraphs (2) to (6), inclusive, of subdivision (a) of
Section 7100 of the Health and Safety Code exist, can be found after
reasonable inquiry, or can be contacted by reasonable means.



7601.  (a) If no personal representative has been appointed, the
public administrator of a county shall take prompt possession or
control of property of a decedent in the county that is deemed by the
public administrator to be subject to loss, injury, waste, or
misappropriation, or that the court orders into the possession or
control of the public administrator after notice to the public
administrator as provided in Section 1220.
   (b) If property described in subdivision (a) is beyond the ability
of the public administrator to take possession or control, the
public administrator is not  liable for failing to take possession or
control of the property.



7602.  (a) A public administrator who is authorized to take
possession or control of property of a decedent under this article
shall make a prompt search for other property, a will, and
instructions for disposition of the decedent's remains.
   (b) If a will is found, the public administrator or custodian of
the will shall deliver the will as provided in Section 8200.
   (c) If instructions for disposition of the decedent's remains are
found, the public administrator shall promptly deliver the
instructions to the person upon whom the right to control disposition
of the decedent's remains devolves as provided in Section 7100 of
the Health and Safety Code.
   (d) If other property is located, the public administrator shall
take possession or control of any property that, in the sole
discretion of the public administrator, is deemed to be subject to
loss, injury, waste, or misappropriation and that is located anywhere
in this state or that is subject to the laws of this state.  The
public administrator does not have any liability for loss, injury,
waste, or misappropriation of property of which he or she is unable
to take possession or control.



7603.  (a) A public administrator who is authorized to take
possession or control of property of a decedent pursuant to this
article may issue a written certification of that fact.  The written
certification is effective for  30 days after the date of issuance.
   (b) The public administrator may record a copy of the written
certification in any county in which is located real property of
which the public administrator is authorized to take possession or
control under this article.
   (c) A financial institution, government or private agency,
retirement fund administrator, insurance company, licensed securities
dealer, or other person shall, without the necessity of inquiring
into the truth of the written certification, without requiring a
death certificate, without charge, and without court order or letters
being issued:
   (1) Provide the public administrator complete information
concerning property held in the sole name of the decedent, including
the names and addresses of any beneficiaries.
   (2) Grant the public administrator access to a safe-deposit box
rented in the sole name of the decedent for the purpose of inspection
and removal of any will or instructions for disposition of the
decedent's remains.  Costs and expenses incurred in drilling or
forcing a safe-deposit box shall be borne by the estate  of the
decedent.
   (3) Surrender to the public administrator any property of the
decedent that, in the sole discretion of the public administrator, is
deemed to be subject to loss, injury, waste, or misappropriation.
   (d) Receipt of the written certification provided by this section:

   (1) Constitutes sufficient acquittance for providing information
or granting access to the safe-deposit box, for removal of the
decedent's will and instructions for disposition of the decedent's
remains, and for surrendering property of the decedent.
   (2) Fully discharges the financial institution, government or
private agency, retirement fund administrator, insurance company,
licensed securities dealer, or other person from any liability for
any act or omission of the public administrator with respect to the
property or the safe-deposit box.



7604.  If the public administrator takes possession or control of
property of a decedent under this article, but another person is
subsequently appointed personal representative or subsequently takes
control or possession, the public administrator is entitled to
reasonable costs incurred for the preservation of the estate,
together with reasonable compensation for services.  The costs and
compensation are a proper expense of administration.