Cal. Codes » Probate Code / DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS / PART 10. DISTRIBUTION OF ESTATE / CHAPTER 1. Order for Distribution / ARTICLE 1. General Provisions
California Codes

Cal. Probate Code § 11604 (2026)

General Provisions — Order for Distribution

✓ current as of May 2026
Find cases: SyfertCases citing this section CA-LEGleginfo.legislature.ca.gov JustiaCode on Justia CornellLII Search CasesGoogle Scholar

(a)This section applies where distribution is to be made to any of the following persons:

(1)The transferee of a beneficiary.

(2)Any person other than a beneficiary under an agreement, request, or instructions of a beneficiary or the attorney in fact of a beneficiary.

(b)The court on its own motion, or on motion of the personal representative or other interested person or of the public administrator, may inquire into the circumstances surrounding the execution of, and the consideration for, the transfer, agreement, request, or instructions, and the amount of any fees, charges, or consideration paid or agreed to be paid by the beneficiary.

(c)The court may refuse to order distribution, or may order distribution on any terms that the court deems just and equitable, if the court finds either of the following:

(1)The fees, charges, or consideration paid or agreed to be paid by a beneficiary are grossly unreasonable.

(2)The transfer, agreement, request, or instructions were obtained by duress, fraud, or undue influence.

(d)Notice of the hearing on the motion shall be served on the beneficiary and on the persons described in subdivision (a) at least 15 days before the hearing in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure.

Notes of Decisions
Cited in 5 cases, 1995–2008 · leading case: Est. of Molino, 165 Cal. App. 4th 913 (Cal. Ct. App. 2008).
Sort: Relevance Newest Treatment
Est. of Molino, 165 Cal. App. 4th 913 (Cal. Ct. App. 2008). · cites it 5× “(Prob. Code, § 11604.) [6] O'Grady urged the probate court to find that the May 1997 agreements were legitimate assignments obtained in his capacity as an heir finder.”
Est. of Bennett, 163 Cal. App. 4th 1303 (Cal. Ct. App. 2008). “(Prob. Code, § 11604; all further statutory references are to the Probate Code unless otherwise indicated.”
Nelson v. McGoldrick, 896 P.2d 1258 (Wash. 1995). “1995) (court may fix and determine the validity and reasonableness of the compensation whether or not it is fixed by the agreement); Cal. Prob. Code § 11604 (West 1991) (providing in part for distribution of assigned property on any terms which are just and equitable if the fee…”
Siegel v. Boldt, 165 Cal. App. 4th 913 (Cal. Ct. App. 2008). · cites it 5× “(Prob. Code, § 11604.) 6 O’Grady urged the probate court to find that the May 1997 agreements were legitimate assignments obtained in his capacity as an heir finder.”
Bennett v. Smith Heavy Indus. Transit Corp., 163 Cal. App. 4th 1303 (Cal. Ct. App. 2008). “(Prob. Code, § 11604; all further statutory references are to the Probate Code unless otherwise indicated.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.