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A Petition, Declaration, and Order for Return of Property may be filed by any person whose property has been seized as a result of a search warrant or an arrest. The owner of the property may petition the court for return of their property whether or not a case has been filed with the court.
Step 1 Petition for Probate (Form DE-111, Judicial Council), and all attachments, Original Will (if there is one) Notice of Petition to Administer Estate (Form DE-121, Judicial Council) Duties and Liabilities of Personal Representative (Form DE-147, Judicial Council) Order for Probate (Form DE-140, Judicial Council)
California Penal Code 1536 provides that under certain circumstances a defendant may be able to move the Court (file a motion) to have property that was seized by the police returned to them.
In California, a personal representative is an individual who has been entrusted to carry out the administration of a decedents estate. ing to California Probate law, the individual named in a decedents will has the right to be appointed as a personal representative unless otherwise disqualified.
A final account and petition for distribution can be filed by the Personal Representative when there are sufficient funds available to pay all debts and taxes, the time for filing creditors claims has expired, and the estate is in a condition to be closed.
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