(a)A person has no power to administer the estate until the person is appointed personal representative and the appointment becomes effective. Appointment of a personal representative becomes effective when the person appointed is issued letters.
(b)Subdivision (a) applies whether or not the person is named executor in the decedent’s will, except that a person named executor in the decedent’s will may, before the appointment is made or becomes effective, pay funeral expenses and take necessary measures for the maintenance and preservation of the estate.
(c)The order appointing a personal representative shall state in capital letters on the first page of the order, in at least 12-point type, the following: “WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.”
Notes of Decisions
Hassanati v. Int'l Lease Fin. Corp., 51 F. Supp. 3d 887 (C.D. Cal. 2014).
· cites it 2× “Cal. PROB. Code § 8400 (a). “Letters,” as the term “relates to a personal representative, means letters testamentary, letters of administration, letters of administration with the will annexed, or letters of special administration.”
Van Kleef v. Azria CA2/2 (Cal. Ct. App. 2022).
“Code, § 9621 [duly appointed personal representative can enter into an arbitration agreement].”
Barkett v. Malcoun CA2/8 (Cal. Ct. App. 2023).
“” (Prob. Code, § 8400, subd. (a).) That provision applies “whether or not the person is named executor in the decedent’s will .”
Hiramanek v. Est. of Hiramanek CA6 (Cal. Ct. App. 2024).
“(Probate Code, § 8400, subd. (a); but see § 13000-13211 [providing for the collection and transfer of property in smaller estates outside of probate administration].”
Poole v. Healthright 360 (N.D. Cal. 2025).
“See Cal. Prob. Code § 8400 et seq.” 14 Id. 15 Second, Defendants contend Plaintiffs’ wrongful death claim must meet the heightened 16 pleading requirements that California applies to statutory claims and that here, Plaintiffs fail to 17 meet that requirement as to the causation…”
Est. of Mays CA3 (Cal. Ct. App. 2014).
“(Prob. Code, §§ 8400, 8405.) It is long established in California that where, as here, “no letters were ever issued, and it affirmatively appears that no bond was ever filed, nor oath taken,” the probate court cannot recognize an “administrator de facto.”
Neiman Marcus v. Tait, 95 Cal. Daily Op. Serv. 2119 (Cal. Ct. App. 1995).
“(Prob. Code, § 8400.) But it does not follow there is no estate until that time.”
— Cal. Probate Code § 8400(a) — 1 case
Hassanati v. Int'l Lease Fin. Corp., 51 F. Supp. 3d 887 (C.D. Cal. 2014).
“Cal. PROB. Code § 8400 (a). “Letters,” as the term “relates to a personal representative, means letters testamentary, letters of administration, letters of administration with the will annexed, or letters of special administration.”
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