CALIFORNIA PROBATE CODE SECTION 850

CALIFORNIA PROBATE CODE SECTION 850

850. (a) The following persons may file a petition requesting thatthe court make an order under this part: (1) A guardian, conservator, or any claimant, in the followingcases:

(A) Where the conservatee is bound by a contract in writing toconvey real property or to transfer personal property, executed bythe conservatee while competent or executed by the conservatee'spredecessor in interest, and the contract is one that can bespecifically enforced.

(B) Where the minor has succeeded to the interest of a personbound by a contract in writing to convey real property or to transferpersonal property, and the contract is one that can be specificallyenforced. © Where the guardian or conservator or the minor or conservateeis in possession of, or holds title to, real or personal property,and the property or some interest therein is claimed to belong toanother.

(D) Where the minor or conservatee has a claim to real or personalproperty title to or possession of which is held by another.

(2) The personal representative or any interested person in any ofthe following cases:

(A) Where the decedent while living is bound by a contract inwriting to convey real property or to transfer personal property anddies before making the conveyance or transfer and the decedent, ifliving, could have been compelled to make the conveyance or transfer.

(B) Where the decedent while living binds himself or herself orhis or her personal representative by a contract in writing to conveyreal property or to transfer personal property upon or after his orher death and the contract is one which can be specifically enforced. © Where the decedent died in possession of, or holding titleto, real or personal property, and the property or some interesttherein is claimed to belong to another.

(D) Where the decedent died having a claim to real or personalproperty, title to or possession of which is held by another.

(3) The trustee or any interested person in any of the followingcases:

(A) Where the trustee is in possession of, or holds title to, realor personal property, and the property, or some interest, is claimedto belong to another.

(B) Where the trustee has a claim to real or personal property,title to or possession of which is held by another. © Where the property of the trust is claimed to be subject to acreditor of the settlor of the trust. (b) The petition shall set forth facts upon which the claim isbased.​

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