California Probate Code 3703 – (a) The petition shall contain all of the following:(1) A …
(a) The petition shall contain all of the following:
(1) A statement that the petition is filed under this chapter.
Terms Used In California Probate Code 3703
- Allegation: something that someone says happened.
- Certificate of missing status: means the official written report complying with §. See California Probate Code 3700
- Conservator: includes a limited conservator. See California Probate Code 30
- Eligible spouse: means the spouse of an absentee who has not commenced an action or proceeding for judicial or legal separation, annulment, adjudication of nullity, or dissolution of the marriage of the spouse and the absentee. See California Probate Code 3700
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See California Probate Code 70
- Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
(2) In its caption, the last known military rank or grade and the social security account number of the absentee.
(3) A specific description and estimate of the value of all of the absentee’s property, wherever situated (including all sums due the absentee from the United States).
(4) A designation of the property to be set aside, and the facts establishing that setting aside the property is necessary and in the best interest of the absentee.
(5) If the property is to be set aside for the benefit of the spouse of the absentee, an allegation that the spouse is an eligible spouse.
(6) So far as known to the petitioner, the names and addresses of all persons comprising the family of the absentee, and an allegation whether a guardian of the estate or a conservator of the estate of any member of the family of the absentee has been appointed.
(b) There shall be attached to the petition a certificate of missing status. The certificate of missing status shall be received as evidence of that fact and the court shall not determine the status of the absentee inconsistent with the status shown in the certificate.
(Enacted by Stats. 1990, Ch. 79.)