California

Probate Code

2,711 sections, each with the official text and a plain-English explanation of what it means for you.

• § 1 — This code shall be known as the Probate Code.
• § 10 — The singular number includes the plural, and the plural, the singular.
• § 100 — (a) Upon the death of a person who is married or in a registered domestic partnership, one-half of the community property belongs to the surviving spouse and the other one-half belongs to the decedent
• § 1000 — (a) Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and proceedings under Title 3a (commencing with Se
• § 10000 — Subject to the limitations, conditions, and requirements of this chapter, the personal representative may sell real or personal property of the estate in any of the following cases: (a) Where the sale
• § 10001 — (a) If the personal representative neglects or refuses to sell the property, any interested person may petition the court for an order requiring the personal representative to sell real or personal pr
• § 10002 — (a) Subject to subdivision (b), if directions are given in the will as to the mode of selling or the particular property to be sold, the personal representative shall comply with those directions.
• § 10003 — Subject to Part 4 (commencing with Section 21400) of Division 11 and to Sections 10001 and 10002, if estate property is required or permitted to be sold, the personal representative may: (a) Use discr
• § 10004 — (a) Where the personal representative determines in his or her discretion that, by use or relationship, any assets of the estate, whether real or personal, constitute a unit for purposes of sale, the
• § 10005 — (a) If any property in the estate is sold for more than the appraised value, the personal representative shall account for the proceeds of sale, including the excess over the appraised value.
• § 10006 — If property in the estate is to be sold as an undivided interest in a cotenancy, the other cotenants may file in the estate proceeding written consent to have their interests sold pursuant to this cha
• § 1001 — (a) The Judicial Council may provide by rule for the practice and procedure under this code.
• § 1002 — Unless it is otherwise provided by this code or by rules adopted by the Judicial Council, either the superior court or the court on appeal may, in its discretion, order costs to be paid by any party t
• § 1003 — (a) The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding un
• § 1003.5 — The public guardian shall not be appointed as a guardian ad litem pursuant to Section 1003 unless the court, after reasonable notice and inquiry, finds that no other qualified person is willing to act
• § 1004 — If a proceeding under this code affects the title to or the right of possession of real property, notice of the pendency of the proceeding may be filed pursuant to Title 4.
• § 101 — (a) Upon the death of a person who is married or in a registered domestic partnership, and is domiciled in this state, one-half of the decedent’s quasi-community property belongs to the surviving spou
• § 10150 — (a) The personal representative may enter into a written contract with either or both of the following: (1) A licensed real estate broker to secure a purchaser for any real property of the estate.
• § 10151 — (a) The personal representative may enter into a written contract with any of the following: (1) Where the public auction sale will be held in this state, an auctioneer who is qualified to conduct bus
• § 10160 — The estate is not liable to an agent, broker, or auctioneer under a contract for the sale of property or for any fee, commission, or other compensation or expenses in connection with a sale of propert
• § 10160.5 — The estate is not liable to an agent or broker under a contract for the sale of property or for any fee, commission, or other compensation or expenses in connection with sale of the property in either
• § 10161 — (a) Subject to the provisions of this article, whether or not the agent or broker has a contract with the personal representative, the fee, commission, or other compensation of an agent or broker in c
• § 10162 — (a) Subject to subdivision (b), where the bid returned to the court for confirmation is made by a person who is not represented by an agent or broker and the successful bidder is represented by an age
• § 10162.3 — (a) This section applies if all of the following circumstances exist: (1) There is no agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property.
• § 10162.5 — Subject to Section 10162.
• § 10162.6 — (a) This section applies if both of the following circumstances exist: (1) An agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property.
• § 10162.7 — (a) Subject to Section 10162.
• § 10163 — Subject to Sections 10162 and 10162.
• § 10164 — (a) This section applies only where the court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser who was not procured by a bona fide
• § 10165 — (a) Subject to Section 10162.
• § 10166 — Notwithstanding that a bid contains a condition that a certain amount of the bid shall be paid to an agent or broker by the personal representative, only such compensation as is proper under this arti
• § 10167 — (a) Subject to subdivision (b), whether or not the auctioneer has a contract with the personal representative, the fees, compensation, and expenses of an auctioneer in connection with a sale of proper
• § 10168 — This article does not supersede any agreement cooperating agents or brokers may have among themselves to divide the compensation payable under this article.
• § 102 — (a) The decedent’s surviving spouse may require the transferee of property in which the surviving spouse had an expectancy under Section 101 at the time of the transfer to restore to the decedent’s es
• § 1020 — Except as provided in Section 1023, a petition, objection, response, report, or account filed pursuant to this code shall be in writing, signed by all of the petitioners, objectors, or respondents or
• § 10200 — (a) As used in this section, “securities” means “security” as defined in Section 70, land trust certificates, certificates of beneficial interest in trusts, investment trust certificates, mortgage par
• § 10201 — (a) For purposes of this section: (1) “Federal association” is defined in Section 5102 of the Financial Code.
• § 10202 — Notwithstanding Section 10200, if an estate by reason of owning securities, also owns or receives subscription rights for the purchase of additional securities, the personal representative may sell al
• § 10203 — (a) Except as provided in subdivision (b), where property to be sold consists of a leasehold interest, the sale shall be made as in the case of the sale of personal property of the estate.
• § 10204 — Property of the estate that consists of a partnership interest or an interest belonging to an estate by virtue of a partnership formerly existing may be sold in the same manner as other personal prope
• § 10205 — A chose in action belonging to the estate may be sold in the same manner as other personal property.
• § 10206 — (a) Except as otherwise provided in this section, if the decedent at the time of death was possessed of a contract for the purchase of real property and the decedent’s interest in the property and und
• § 10207 — (a) Real property suitable for a shift-in-land-use loan to develop grazing or pasture facilities may be sold under this section by the personal representative to a grazing or pasture association in co
• § 1021 — (a) All of the following shall be verified: (1) A petition, report, or account filed pursuant to this code.
• § 1022 — An affidavit or verified petition shall be received as evidence when offered in an uncontested proceeding under this code.
• § 1023 — If a petitioner, objector, or respondent is absent from the county or for some other cause is unable to sign or verify a petition, objection, or response filed pursuant to this code, the person’s atto
• § 10250 — Subject to Sections 10251 and 10252 and except as otherwise provided by statute, personal property of the estate may be sold only after notice of sale is given by one or both of the following methods,
• § 10251 — (a) If it is shown that it will be to the advantage of the estate, the court or judge may by order shorten the time of notice of sale to not less than five days.
• § 10252 — Personal property may be sold with or without notice, as the personal representative may determine, in any of the following cases: (a) Where the property is directed by the will to be sold.
• § 10253 — (a) The notice of sale given pursuant to Section 10250 shall state all of the following: (1) Whether the sale is to be a private sale or a public auction sale.
• § 10254 — (a) Unless the court orders otherwise pursuant to subdivision (b): (1) A sale of personal property at a public auction sale shall be made within this state at the courthouse door, at the auction house
• § 10255 — (a) A private sale of personal property may not be made before the day stated in the notice of sale as the day on or after which the sale will be made, nor later than one year after that day.
• § 10256 — Whether a sale of personal property is private or at public auction, bids shall substantially comply with any terms specified in the notice of sale.
• § 10257 — (a) Personal property may be sold for cash or on credit.
• § 10258 — (a) On petition of the personal representative, the court may by order authorize a sale of personal property on credit on terms providing for less than 25 percent of the purchase price to be paid in c
• § 10259 — (a) Title to the following personal property passes upon sale without the need for court confirmation or approval: (1) Personal property which is perishable, which will depreciate in value if not disp
• § 10260 — (a) Except as provided in Sections 10200, 10201, 10202, 10259, and 10503, all sales of personal property shall be reported to and be confirmed by the court before title to the property passes to the p
• § 10261 — (a) Except as provided in this subdivision, at the hearing on the petition for confirmation of the sale, the court shall examine into the necessity for the sale or the advantage to the estate and the
• § 10262 — (a) Except as provided in subdivision (b), if a written offer to purchase the property is made to the court at the hearing on the petition for confirmation of the sale and the new bid is at least 10 p
• § 10263 — If notice of the sale was required, before an order is made confirming the sale, it shall be proved to the satisfaction of the court that notice of the sale was given as required by this article, and
• § 10264 — No omission, error, or irregularity in the proceedings under this article shall impair or invalidate the proceedings or the sale pursuant to an order made under this article.
• § 103 — Except as provided by Section 224, if spouses die leaving community or quasi-community property and it cannot be established by clear and convincing evidence that one spouse survived the other: (a) On
• § 10300 — (a) Except as provided in Sections 10301 to 10303, inclusive, and in Section 10503, real property of the estate may be sold only after notice of sale has been published pursuant to Section 6063a of th
• § 10301 — (a) If it appears from the inventory and appraisal that the value of the real property to be sold does not exceed five thousand dollars ($5,000), the personal representative may in his or her discreti
• § 10302 — (a) If it is shown that it will be to the advantage of the estate, the court or judge may by order shorten the time of notice of sale to not less than five days.
• § 10303 — Real property may be sold with or without notice, as the personal representative may determine, in either of the following cases: (a) Where the property is directed by the will to be sold.
• § 10304 — (a) The notice of sale given pursuant to this article shall state all of the following: (1) Whether the sale is to be a private sale or a public auction sale.
• § 10305 — (a) A sale of real property at public auction shall be made in the county in which the property is located.
• § 10306 — (a) A private sale of real property may not be made before the day stated in the notice of sale as the day on or after which the sale will be made, nor later than one year after that day.
• § 10307 — Whether a sale of real property is private or at public auction, bids shall substantially comply with any terms specified in the notice of sale.
• § 10308 — (a) Except as provided in Section 10503, all sales of real property shall be reported to and be confirmed by the court before title to the property passes to the purchaser, whether the sale is a priva
• § 10309 — (a) Except as provided in Section 10207, no sale of real property at private sale shall be confirmed by the court unless all of the following conditions are satisfied: (1) The real property has been a
• § 10310 — (a) Except as provided in this subdivision, at the hearing on the petition for confirmation of the sale of the real property, the court shall examine into the necessity for the sale or the advantage t
• § 10311 — (a) Subject to subdivisions (b), (c), (d), and (e), and except as provided in Section 10207, if a written offer to purchase the real property is made to the court at the hearing on the petition for co
• § 10312 — If notice of the sale was required, before an order is made confirming the sale it shall be proved to the satisfaction of the court that notice of the sale was given as required by this article, and t
• § 10313 — (a) The court shall make an order confirming the sale to the person making the highest offer that satisfies the requirements of this article, and directing conveyances or assignments or both to be exe
• § 10314 — (a) Except as provided in subdivision (b), upon confirmation of the sale, the personal representative shall execute a conveyance to the purchaser which shall refer to the order confirming the sale and
• § 10315 — (a) If a sale is made on credit, the personal representative shall take the note of the purchaser for the unpaid portion of the purchase money, with a mortgage or deed of trust on the property to secu
• § 10316 — No omission, error, or irregularity in the proceedings under this article shall impair or invalidate the proceedings or the sale pursuant to an order made under this article.
• § 10350 — (a) If after court confirmation of sale of real or personal property the purchaser fails to comply with the terms of sale, the court may, on petition of the personal representative, vacate the order o
• § 10351 — (a) The court may vacate the order of confirmation of a sale of real or personal property and make an order confirming the sale to the new high bidder if both of the following requirements are satisfi
• § 10360 — As used in this article: (a) “Amount secured by the lien” includes interest and any costs and charges secured by the lien.
• § 10361 — (a) If encumbered property is sold, the purchase money shall be applied in the following order: (1) Expenses of administration which are reasonably related to the administration of the property sold a
• § 10361.5 — The personal representative or any interested party may, at any time before payment is made to satisfy all liens on the encumbered property sold, petition for an order determining the amount of expens
• § 10361.6 — (a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Sect
• § 10362 — (a) If encumbered property is sold, the purchase money, or so much of the purchase money as is sufficient to pay the amount secured by the lien on the property sold and the expenses of the sale, may b
• § 10363 — (a) At a sale of real or personal property subject to a lien, the lienholder may become the purchaser of the property, even though no claim for the amount secured by the lien on the property sold has
• § 10380 — The personal representative is liable to an interested person for damages suffered by the interested person by reason of the neglect or misconduct of the personal representative in the proceedings in
• § 10381 — In addition to any other damages for which the personal representative is liable, if the personal representative fraudulently sells real property of the estate contrary to or otherwise than under the
• § 10382 — (a) No action for the recovery of property sold by a personal representative on the claim that the sale is void may be maintained by an heir or other person claiming under the decedent unless the acti
• § 104 — Notwithstanding Section 100, community property held in a revocable trust described in Section 761 of the Family Code is governed by the provisions, if any, in the trust for disposition in the event o
• § 104.5 — Transfer of community and quasi-community property to a revocable trust shall be presumed to be an agreement, pursuant to Sections 100 and 101, that those assets retain their character in the aggregat
• § 1040 — This chapter governs the hearing of all matters under this code, except where the statute that provides for the hearing of the matter prescribes a different procedure.
• § 10400 — This part shall be known and may be cited as the Independent Administration of Estates Act.
• § 10401 — As used in this part, “court supervision” means the judicial order, authorization, approval, confirmation, or instructions that would be required if authority to administer the estate had not been gra
• § 10402 — As used in this part, “full authority” means authority to administer the estate under this part that includes all the powers granted under this part.
• § 10403 — As used in this part, “limited authority” means authority to administer the estate under this part that includes all the powers granted under this part except the power to do any of the following: (a)
• § 10404 — The personal representative may not be granted authority to administer the estate under this part if the decedent’s will provides that the estate shall not be administered under this part.
• § 10405 — A special administrator may be granted authority to administer the estate under this part if the special administrator is appointed with, or has been granted, the powers of a general personal represen
• § 10406 — (a) Subject to subdivision (b), this part applies in any case where authority to administer the estate is granted under this part or where independent administration authority was granted under prior
• § 1041 — When a petition, report, account, or other matter that requires a hearing is filed with the court clerk, the clerk shall set the matter for hearing.
• § 1042 — A hearing under this code shall be on notice unless the statute that provides for the hearing dispenses with notice.
• § 1043 — (a) An interested person may appear and make a response or objection in writing at or before the hearing.
• § 1044 — The petitioner or other party affirming is the plaintiff and the party objecting or responding is the defendant.
• § 1045 — The court may continue or postpone any hearing, from time to time, in the interest of justice.
• § 10450 — (a) To obtain authority to administer the estate under this part, the personal representative shall petition the court for that authority either in the petition for appointment of the personal represe
• § 10451 — (a) If the authority to administer the estate under this part is requested in the petition for appointment of the personal representative, notice of the hearing on the petition shall be given for the
• § 10452 — Unless an interested person objects as provided in Section 1043 to the granting of authority to administer the estate under this part and the court determines that the objecting party has shown good c
• § 10453 — (a) If the personal representative is otherwise required to file a bond and has full authority, the court, in its discretion, shall fix the amount of the bond at not more than the estimated value of t
• § 10454 — (a) Any interested person may file a petition requesting that the court make either of the following orders: (1) An order revoking the authority of the personal representative to continue administrati
• § 1046 — The court shall hear and determine any matter at issue and any response or objection presented, consider evidence presented, and make appropriate orders.
• § 1047 — Except as otherwise provided in this code, an order made in a proceeding under this code need not recite the existence of facts, or the performance of acts, upon which jurisdiction depends, but need o
• § 1048 — (a) Except as provided in subdivision (b), orders shall be either entered at length in the minute book of the court or signed by the judge and filed.
• § 1049 — An order may be enforced as provided in Title 9 (commencing with Section 680.
• § 105 — This part does not apply where the decedent died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where the decedent died before January 1, 1985.
• § 1050 — The judgment roll in a proceeding under this code consists of the following papers, where applicable: (a) In all cases: (1) The petition, application, report, or account that initiates a particular pr
• § 10500 — (a) Subject to the limitations and conditions of this part, a personal representative who has been granted authority to administer the estate under this part may administer the estate as provided in t
• § 10501 — (a) Notwithstanding any other provision of this part, whether the personal representative has been granted full authority or limited authority, a personal representative who has obtained authority to
• § 10502 — (a) Subject to the conditions and limitations of this part and to Section 9600, a personal representative who has been granted authority to administer the estate under this part has the powers describ
• § 10503 — Subject to the limitations and requirements of this part, when the personal representative exercises the authority to sell property of the estate under this part, the personal representative may sell
• § 1051 — (a) In the absence of a stipulation to the contrary between parties who have filed pleadings in a proceeding under this code, there shall be no ex parte communications between any party, or attorney f
• § 10510 — The personal representative may exercise the powers described in this article only if the requirements of Chapter 4 (commencing with Section 10580) (notice of proposed action procedure) are satisfied.
• § 10511 — The personal representative who has full authority has the power to sell or exchange real property of the estate.
• § 10512 — The personal representative has the power to sell or incorporate any of the following: (a) An unincorporated business or venture in which the decedent was engaged at the time of the decedent’s death.
• § 10513 — The personal representative has the power to abandon tangible personal property where the cost of collecting, maintaining, and safeguarding the property would exceed its fair market value.
• § 10514 — (a) Subject to subdivision (b), the personal representative has the following powers: (1) The power to borrow.
• § 10515 — The personal representative who has full authority has the power to grant an option to purchase real property of the estate for a period within or beyond the period of administration.
• § 10516 — If the will gives a person the option to purchase real or personal property and the person has complied with the terms and conditions stated in the will, the personal representative has the power to c
• § 10517 — The personal representative has the power to convey or transfer real or personal property to complete a contract entered into by the decedent to convey or transfer the property.
• § 10518 — The personal representative has the power to allow, compromise, or settle any of the following: (a) A third-party claim to real or personal property if the decedent died in possession of, or holding t
• § 10519 — The personal representative has the power to make a disclaimer.
• § 10520 — If the time for filing claims has expired and it appears that the distribution may be made without loss to creditors or injury to the estate or any interested person, the personal representative has t
• § 10530 — Except to the extent that this article otherwise provides, the personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4 (comme
• § 10531 — (a) The personal representative has the power to manage and control property of the estate, including making allocations and determinations under the Uniform Principal and Income Act, Chapter 3 (comme
• § 10532 — (a) The personal representative has the power to enter into a contract in order to carry out the exercise of a specific power granted by this part, including, but not limited to, the powers granted by
• § 10533 — (a) The personal representative has the power to do all of the following: (1) Deposit money belonging to the estate in an insured account in a financial institution in this state.
• § 10534 — (a) Subject to the partnership agreement and the provisions of the Uniform Partnership Act of 1994 (Chapter 5 (commencing with Section 16100) of Title 2 of the Corporations Code), the personal represe
• § 10535 — (a) The personal representative has the power to pay a reasonable family allowance.
• § 10536 — (a) The personal representative has the power to enter as lessor into a lease of property of the estate for any purpose (including, but not limited to, exploration for and production or removal of min
• § 10537 — (a) The personal representative has the power to sell personal property of the estate or to exchange personal property of the estate for other property upon such terms and conditions as the personal r
• § 10538 — (a) The personal representative has the following powers: (1) The power to grant an exclusive right to sell property for a period not to exceed 90 days.
• § 10550 — The personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4 (commencing with Section 10580).
• § 10551 — In addition to the powers granted to the personal representative by other sections of this chapter, the personal representative has all the powers that the personal representative could exercise witho
• § 10552 — The personal representative has the power to do all of the following: (a) Allow, pay, reject, or contest any claim by or against the estate.
• § 10553 — The personal representative has the power to do all of the following: (a) Commence and maintain actions and proceedings for the benefit of the estate.
• § 10554 — The personal representative has the power to extend, renew, or in any manner modify the terms of an obligation owing to or in favor of the decedent or the estate.
• § 10555 — The personal representative has the power to convey or transfer property in order to carry out the exercise of a specific power granted by this part.
• § 10556 — The personal representative has the power to pay all of the following: (a) Taxes and assessments.
• § 10557 — The personal representative has the power to purchase an annuity from an insurer admitted to do business in this state to satisfy a devise of an annuity or other direction in the will for periodic pay
• § 10558 — The personal representative has the power to exercise an option right that is property of the estate.
• § 10559 — The personal representative has the power to purchase securities or commodities required to perform an incomplete contract of sale where the decedent died having sold but not delivered securities or c
• § 10560 — The personal representative has the power to hold a security in the name of a nominee or in any other form without disclosure of the estate, so that title to the security may pass by delivery.
• § 10561 — The personal representative has the power to exercise security subscription or conversion rights.
• § 10562 — The personal representative has the power to make repairs and improvements to real and personal property of the estate.
• § 10563 — The personal representative has the power to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage or sale under the deed of trust.
• § 10564 — The personal representative has the power to give a partial satisfaction of a mortgage or to cause a partial reconveyance to be executed by a trustee under a deed of trust held by the estate.
• § 10580 — (a) A personal representative who has been granted authority to administer the estate under this part shall give notice of proposed action as provided in this chapter prior to the taking of the propos
• § 10581 — Except as provided in Sections 10582 and 10583, notice of proposed action shall be given to all of the following: (a) Each known devisee whose interest in the estate would be affected by the proposed
• § 10582 — Notice of proposed action need not be given to any person who consents in writing to the proposed action.
• § 10583 — (a) Notice of proposed action need not be given to any person who, in writing, waives the right to notice of proposed action with respect to the particular proposed action.
• § 10584 — (a) A waiver or consent may be revoked only in writing and is effective only when the writing is received by the personal representative.
• § 10585 — (a) The notice of proposed action shall state all of the following: (1) The name, mailing address, and electronic address of the personal representative.
• § 10586 — The notice of proposed action shall be delivered pursuant to Section 1215 to each person required to be given notice of proposed action not less than 15 days before the date specified in the notice of
• § 10587 — (a) Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section.
• § 10588 — (a) Any person who is entitled to notice of proposed action for a proposed action described in subdivision (a) of Section 10580, or any person who is given notice of a proposed action described in sub
• § 10589 — (a) If the proposed action is one that would require court supervision if the personal representative had not been granted authority to administer the estate under this part and the personal represent
• § 10590 — (a) Except as provided in subdivision (c), only a person described in Section 10581 has a right to have the court review the proposed action after it has been taken or otherwise to object to the propo
• § 10591 — (a) The failure of the personal representative to comply with subdivision (a) of Section 10580 and with Sections 10581, 10585, 10586, and 10589, and the taking of the action by the personal representa
• § 10592 — (a) In a case where notice of proposed action is required by this chapter, the court in its discretion may remove the personal representative from office unless the personal representative does one of
• § 1060 — This chapter governs all accounts to be filed with the court.
• § 1060.5 — This chapter shall be operative on and after July 1, 1997.
• § 1061 — (a) All accounts shall state the period covered by the account and contain a summary showing all of the following, to the extent applicable: (1) The property on hand at the beginning of the period cov
• § 1062 — The summary shall be supported by detailed schedules showing the following: (a) Receipts, showing the nature or purpose of each item, the source of the receipt, and the date thereof.
• § 1063 — (a) In all accounts, there shall be an additional schedule showing the estimated market value of the assets on hand as of the end of the accounting period, and a schedule of the estimated market value
• § 1064 — (a) The petition for approval of the account or a report accompanying the petition shall contain all of the following: (1) A description of all sales, purchases, changes in the form of assets, or othe
• § 10800 — (a) Subject to the provisions of this part, for ordinary services the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative,
• § 10801 — (a) Subject to the provisions of this part, in addition to the compensation provided by Section 10800, the court may allow additional compensation for extraordinary services by the personal representa
• § 10802 — (a) Except as otherwise provided in this section, if the decedent’s will makes provision for the compensation of the personal representative, the compensation provided by the will shall be the full an
• § 10803 — An agreement between the personal representative and an heir or devisee for higher compensation than that provided by this part is void.
• § 10804 — Notwithstanding any provision in the decedent’s will, a personal representative who is an attorney shall be entitled to receive the personal representative’s compensation as provided in this part, but
• § 10805 — If there are two or more personal representatives, the personal representative’s compensation shall be apportioned among the personal representatives by the court according to the services actually re
• § 10810 — (a) Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of the estate accounted for by the personal
• § 10811 — (a) Subject to the provisions of this part, in addition to the compensation provided by Section 10810, the court may allow additional compensation for extraordinary services by the attorney for the pe
• § 10812 — (a) Except as otherwise provided in this section, if the decedent’s will makes provision for the compensation of the attorney for the personal representative, the compensation provided by the will sha
• § 10813 — An agreement between the personal representative and the attorney for higher compensation for the attorney than that provided by this part is void.
• § 10814 — If there are two or more attorneys for the personal representative, the attorney’s compensation shall be apportioned among the attorneys by the court according to the services actually rendered by eac
• § 10830 — (a) At any time after four months from the issuance of letters: (1) The personal representative may file a petition requesting an allowance on the compensation of the personal representative.
• § 10831 — (a) At the time of the filing of the final account and petition for an order for final distribution: (1) The personal representative may petition the court for an order fixing and allowing the persona
• § 10832 — Notwithstanding Sections 10830 and 10831, the court may allow compensation to the personal representative or to the attorney for the personal representative for extraordinary services before final dis
• § 10850 — (a) This part does not apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1991.
• § 10900 — (a) An account shall include both a financial statement and a report of administration as provided in Chapter 4 (commencing with Section 1060) of Part 1 of Division 3, and this section.
• § 10901 — On court order, or on request by an interested person filed with the clerk and a copy served on the personal representative, the personal representative shall produce for inspection and audit by the c
• § 10902 — When a personal representative receives assets from the conservator of a deceased conservatee or the guardian of a deceased ward, the personal representative may incorporate by reference any accountin
• § 10950 — (a) On its own motion or on petition of an interested person, the court may order an account at any time.
• § 10951 — The personal representative shall file a final account and petition for an order for final distribution of the estate when the estate is in a condition to be closed.
• § 10952 — A personal representative who resigns or is removed from office or whose authority is otherwise terminated shall, unless the court extends the time, file an account not later than 60 days after termin
• § 10953 — (a) As used in this section: (1) “Incapacitated” means lack of capacity to serve as personal representative.
• § 10954 — (a) Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distr
• § 11 — If any provision or clause of this code or application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the code which can be
• § 11000 — (a) The personal representative shall give notice of the hearing as provided in Section 1220 to all of the following persons: (1) Each person listed in Section 1220.