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9 Cards in this Set

  • Front
  • Back
What is a PC 850 petition?
requesting a court order directing a transfer of property when:
1. at time of death decedent held property belonging to another oR
2. another held property belonging to decedent.
Who may file a PC 850 petition
the PR or any interested party
when may a PC 850 petition be filed?
once a probate petition has been filed.
what are some examples of title disputes that can be heard under PC 850
spousal property claims
joint tenancy disputes
marvin rights
creditor rights
title disputes
What is the statute of limitations on a claim by the estate?
The later of:
6 months after decedent's death
or normal statute of limitations if decedent had not died.
What is the effect of a "bad faith" finding under PC 850
PC 859 - double damages.
Probate Code 850 hearings require a minimum of ____ days notice
30 days
Who can file opposition to a PC 850 petition?
Anyone claiming an interest in the property.
What type of discovery is allowed in a probate proceeding
Same type as in a civil proceeding; additional time may be requested.