§ 12400 Unless the provision or context otherwise requires, as used in this …
§ 12401 In proceedings under this part, a person who has not been seen or …
§ 12402 Subject to the provisions of this part, the estate of a missing …
§ 12403 (a) If the missing person was a resident of this state when last …
§ 12404 (a) A petition may be filed in the court having jurisdiction …
§ 12405 Notice of hearing shall be served and published, and proof made, in …
§ 12406 (a) At the hearing, the court shall determine whether the …
§ 12407 (a) If the court finds that the alleged missing person is a …
§ 12408 (a) If the missing person reappears:(1) The missing person …

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Terms Used In California Codes > Probate Code > Division 7 > Part 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD

  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Claim: means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated:

    California Probate Code 9000

  • Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
  • Decedent: A deceased person.
  • Dependent: A person dependent for support upon another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
  • interested person: includes any of the following:

    California Probate Code 48

  • missing person: means a person who is presumed to be dead under Section 12401. See California Probate Code 12400
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
  • Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
  • Personal property: All property that is not real property.
  • Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
  • 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
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Evidence Code 225
  • Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Evidence Code 250