What are double damages in probate court?

Probate Double Damages

In California probate court, double damages under Probate Code Section 859 refer to a penalty for wrongfully taking, concealing, or disposing of estate property. This penalty is twice the value of the recovered property, serving as a deterrent for misconduct. It’s not just a repayment of the stolen asset, but an additional sum to punish the wrongdoer. 

Here’s a more detailed breakdown:
  • California Probate Code Section 859:

    This section allows for double damages when someone is found to have wrongfully taken, concealed, or disposed of property belonging to an estate. 

  • Purpose:

    The main goal is to deter such wrongful conduct and to compensate the wronged party beyond the value of the stolen property. 

  • How it Works:

    If a court finds that a person has acted in bad faith or through undue influence or elder abuse to take, conceal, or dispose of property, they can be ordered to pay twice the value of the property that was wrongfully taken. 

  • Example:

    If someone steals $10,000 from an estate, they could be ordered to pay back the $10,000 plus an additional $10,000 as double damages under Section 859. 

  • “Bad Faith” Requirement:

    Some legal interpretations require a finding of bad faith for double damages, while others suggest it’s not always necessary if elder or dependent adult abuse is proven. 

  • Recoverable Against an Estate:
    Even if the wrongdoer passes away, the double damages can still be recovered against their estate.