reglab/housing_qa huggingface dataset:
CA Prob Code § 10850 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 7 - COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE|CHAPTER 3 - Application of Part|Section 10850.

10850.  (a) This part does not apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1991.(b) Notwithstanding its repeal, the applicable law in effect before July 1, 1991, governing the subject matter of this part continues to apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1991.(Amended by Stats. 1990, Ch. 710, Sec. 37. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
CA Prob Code § 10900 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 1 - General Provisions|Section 10900.

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.(b) The statement of liabilities in the report of administration shall include the following information:(1) Whether notice to creditors was given under Section 9050.(2) Creditor claims filed, including the date of filing the claim, the name of the claimant, the amount of the claim, and the action taken on the claim.(3) Creditor claims not paid, satisfied, or adequately provided for. As to each such claim, the statement shall indicate whether the claim is due and the date due, the date any notice of rejection was given, and whether the creditor has brought an action on the claim. The statement shall identify any real or personal property that is security for the claim, whether by mortgage, deed of trust, lien, or other encumbrance.(c) The amendments to this section made by Assembly Bill 2751 of the 1995–96 Regular Session shall become operative on July 1, 1997.(Amended by Stats. 1996, Ch. 862, Sec. 30. Effective January 1, 1997. Amended version operative July 1, 1997, pursuant to earlier operation of new subdivision (c).)
CA Prob Code § 10901 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 1 - General Provisions|Section 10901.

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 court or interested person the documents specified in the order or request that support an account.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10902 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 1 - General Provisions|Section 10902.

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 accounting provided by the conservator or guardian for the decedent for the period subsequent to the date of death, and the personal representative is entitled to rely on the accounting by such other fiduciary, and shall not have a duty to independently investigate or verify the transactions reported in such an account.(Repealed and added by Stats. 1996, Ch. 862, Sec. 32. Effective January 1, 1997. Operative July 1, 1997, by Sec. 49 of Ch. 862.)
CA Prob Code § 10950 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 2 - When Account Required|Section 10950.

10950.  (a) On its own motion or on petition of an interested person, the court may order an account at any time.(b) The court shall order an account on petition of an interested person made more than one year after the last account was filed or, if no previous account has been filed, made more than one year after issuance of letters to the personal representative.(c) The court order shall specify the time within which the personal representative must file an account.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10951 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 2 - When Account Required|Section 10951.

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.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10952 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 2 - When Account Required|Section 10952.

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 termination of authority. If the personal representative fails to so file the account, the court may compel the account pursuant to Chapter 4 (commencing with Section 11050).(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10953 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 2 - When Account Required|Section 10953.

10953.  (a) As used in this section:(1) “Incapacitated” means lack of capacity to serve as personal representative.(2) “Legal representative” means the personal representative of a deceased personal representative or the conservator of the estate of an incapacitated personal representative.(b) If a personal representative dies or becomes incapacitated and a legal representative is appointed for the deceased or incapacitated personal representative, the legal representative shall not later than 60 days after appointment, unless the court extends the time, file an account of the administration of the deceased or incapacitated personal representative.(c) If a personal representative dies or becomes incapacitated and no legal representative is appointed for the deceased or incapacitated personal representative, or if the personal representative absconds, the court may compel the attorney for the deceased, incapacitated, or absconding personal representative or attorney of record in the estate proceeding to file an account of the administration of the deceased, incapacitated, or absconding personal representative. (d) The legal representative or attorney shall exercise reasonable diligence in preparing an account under this section. Verification of the account may be made on information and belief. The court shall settle the account as in other cases. The court shall allow reasonable compensation to the legal representative or the attorney for preparing the account. The amount allowed is a charge against the estate that was being administered by the deceased, incapacitated, or absconding personal representative. Legal services for which compensation shall be allowed to the attorney under this subdivision include those services rendered by any paralegal performing the services under the direction and supervision of an attorney. The petition or application for compensation shall set forth the hours spent and services performed by the paralegal.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11000 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 3 - Settlement of Account|Section 11000.

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.(2) Each known heir whose interest in the estate would be affected by the account.(3) Each known devisee whose interest in the estate would be affected by the account.(4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest would be affected by the account.(5) If the estate is insolvent, each creditor who has filed a claim that is allowed or approved but is unpaid in whole or in part.(b) If the petition for approval of the account requests allowance of all or a portion of the compensation of the personal representative or the attorney for the personal representative, the notice of hearing shall so state.(c) If the account is a final account and is filed together with a petition for an order for final distribution of the estate, the notice of hearing shall so state.(Amended by Stats. 1990, Ch. 710, Sec. 40. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
CA Prob Code § 11001 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 3 - Settlement of Account|Section 11001.

11001.  All matters relating to an account may be contested for cause shown, including, but not limited to:(a) The validity of an allowed or approved claim not reported in a previous account and not established by judgment.(b) The value of property for purposes of distribution.(c) Actions taken by the personal representative not previously authorized or approved by the court, subject to Section 10590 (Independent Administration of Estates Act).(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11002 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 3 - Settlement of Account|Section 11002.

11002.  (a) The court may conduct any hearing that may be necessary to settle the account, and may cite the personal representative to appear before the court for examination.(b) The court may appoint one or more referees to examine the account and make a report on the account, subject to confirmation by the court. The court may allow a reasonable compensation to the referee to be paid out of the estate.(c) The court may make any orders that the court deems necessary to effectuate the provisions of this section.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11003 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 3 - Settlement of Account|Section 11003.

11003.  (a) If the court determines that the contest was without reasonable cause and in bad faith, the court may award against the contestant the compensation and costs of the personal representative and other expenses and costs of litigation, including attorney’s fees, incurred to defend the account. The amount awarded is a charge against any interest of the contestant in the estate and the contestant is personally liable for any amount that remains unsatisfied.(b) If the court determines that the opposition to the contest was without reasonable cause and in bad faith, the court may award the contestant the costs of the contestant and other expenses and costs of litigation, including attorney’s fees, incurred to contest the account. The amount awarded is a charge against the compensation or other interest of the personal representative in the estate and the personal representative is liable personally and on the bond, if any, for any amount that remains unsatisfied.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11004 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 3 - Settlement of Account|Section 11004.

11004.  The personal representative shall be allowed all necessary expenses in the administration of the estate, including, but not limited to, necessary expenses in the care, management, preservation, and settlement of the estate.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11005 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 3 - Settlement of Account|Section 11005.

11005.  If a debt has been paid within the time prescribed in Section 9154 but without a claim having been filed and established in the manner prescribed by statute, in settling the account the court shall allow the amount paid if all of the following are proven:(a) The debt was justly due.(b) The debt was paid in good faith.(c) The amount paid did not exceed the amount reasonably necessary to satisfy the indebtedness.(d) The estate is solvent.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11050 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 4 - Compelling Account|Section 11050.

11050.  Subject to the provisions of this chapter, if the personal representative does not file a required account, the court shall compel the account by punishment for contempt.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11051 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 4 - Compelling Account|Section 11051.

11051.  (a) A citation shall be issued, served, and returned, requiring a personal representative who does not file a required account to appear and show cause why the personal representative should not be punished for contempt.(b) If the personal representative purposefully evades personal service of the citation, the personal representative shall be removed from office.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11052 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 8 - ACCOUNTS|CHAPTER 4 - Compelling Account|Section 11052.

11052.  If the personal representative does not appear and file a required account, after having been duly cited, the personal representative may be punished for contempt or removed from office, or both, in the discretion of the court.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11420 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 9 - PAYMENT OF DEBTS|CHAPTER 2 - General Provisions|Section 11420.

11420.  (a) Debts shall be paid in the following order of priority among classes of debts, except that debts owed to the United States or to this state that have preference under the laws of the United States or of this state shall be given the preference required by such laws:(1) Expenses of administration. With respect to obligations secured by mortgage, deed of trust, or other lien, including, but not limited to, a judgment lien, only those expenses of administration incurred that are reasonably related to the administration of that property by which obligations are secured shall be given priority over these obligations.(2) Obligations secured by a mortgage, deed of trust, or other lien, including, but not limited to, a judgment lien, in the order of their priority, so far as they may be paid out of the proceeds of the property subject to the lien. If the proceeds are insufficient, the part of the obligation remaining unsatisfied shall be classed with general debts.(3) Funeral expenses.(4) Expenses of last illness.(5) Family allowance.(6) Wage claims.(7) General debts, including judgments not secured by a lien and all other debts not included in a prior class.(b) Except as otherwise provided by statute, the debts of each class are without preference or priority one over another. No debt of any class may be paid until all those of prior classes are paid in full. If property in the estate is insufficient to pay all debts of any class in full, each debt in that class shall be paid a proportionate share.(Amended by Stats. 1996, Ch. 862, Sec. 33. Effective January 1, 1997.)
CA Prob Code § 11421 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 9 - PAYMENT OF DEBTS|CHAPTER 2 - General Provisions|Section 11421.

11421.  Subject to Section 11420, as soon as the personal representative has sufficient funds, after retaining sufficient funds to pay expenses of administration, the personal representative shall pay the following:(a) Funeral expenses.(b) Expenses of last illness.(c) Family allowance.(d) Wage claims.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11422 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 9 - PAYMENT OF DEBTS|CHAPTER 2 - General Provisions|Section 11422.

11422.  (a) Except as provided in Section 11421, the personal representative is not required to pay a debt until payment has been ordered by the court.(b) On the settlement of any account of the personal representative after the expiration of four months after the date letters are first issued to a general personal representative, the court shall order payment of debts, as the circumstances of the estate permit. If property in the estate is insufficient to pay all of the debts, the order shall specify the amount to be paid to each creditor.(c) If the estate will be exhausted by the payment ordered, the account of the personal representative constitutes a final account, and notice of hearing shall be the notice given for the hearing of a final account. The personal representative is entitled to a discharge when the personal representative has complied with the terms of the order.(d) Nothing in this section precludes settlement of an account of a personal representative for payment of a debt made without prior court authorization.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11423 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 9 - PAYMENT OF DEBTS|CHAPTER 2 - General Provisions|Section 11423.

11423.  (a) Interest accrues on a debt from the date the court orders payment of the debt until the date the debt is paid. Interest accrues at the legal rate on judgments.(b) Notwithstanding subdivision (a), in the case of a debt based on a written contract, interest accrues at the rate and in accordance with the terms of the contract. The personal representative may, by order of the court, pay all or part of the interest accumulated and unpaid at any time when there are sufficient funds, whether the debt is then due or not.(c) Notwithstanding subdivision (a), in the case of a debt for unpaid taxes or any other debt for which interest is expressly provided by statute, interest accrues at the rate and in accordance with the terms of the statute.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11424 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 9 - PAYMENT OF DEBTS|CHAPTER 2 - General Provisions|Section 11424.

11424.  The personal representative shall pay a debt to the extent of the order for payment of the debt, and is liable personally and on the bond, if any, for failure to make the payment.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11428 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 9 - PAYMENT OF DEBTS|CHAPTER 2 - General Provisions|Section 11428.

11428.  (a) If an estate is in all other respects ready to be closed, and it appears to the satisfaction of the court, on affidavit or evidence taken in open court, that a debt has not been and cannot be paid because the creditor cannot be found, the court or judge shall make an order fixing the amount of the payment and directing the personal representative to deposit the payment with the county treasurer of the county in which the proceeding is pending.(b) The county treasurer shall give a receipt for the deposit, for which the county treasurer is liable on the official bond. The receipt shall be treated by the court or judge in favor of the personal representative with the same force and effect as if executed by the creditor.(c) A deposit with the county treasurer under the provisions of this section shall be received, accounted for, and disposed of as provided by Section 1444 of the Code of Civil Procedure. A deposit in the State Treasury under the provisions of this section shall be deemed to be made under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil Procedure.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11429 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 9 - PAYMENT OF DEBTS|CHAPTER 2 - General Provisions|Section 11429.

11429.  (a) Where the accounts of the personal representative have been settled and an order made for the payment of debts and distribution of the estate, a creditor who is not paid, whether or not included in the order for payment, has no right to require contribution from creditors who are paid or from distributees, except to the extent provided in Section 9392.(b) Nothing in this section precludes recovery against the personal representative personally or on the bond, if any, by a creditor who is not paid, subject to Section 9053.(Amended by Stats. 1990, Ch. 140, Sec. 14.1. Operative July 1, 1991, by Sec. 30 of Ch. 140.)
CA Prob Code § 11440 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 9 - PAYMENT OF DEBTS|CHAPTER 3 - Allocation of Debts Between Estate and Surviving Spouse|Section 11440.

11440.  If it appears that a debt of the decedent has been paid or is payable in whole or in part by the surviving spouse, or that a debt of the surviving spouse has been paid or is payable in whole or in part from property in the decedent’s estate, the personal representative, the surviving spouse, or a beneficiary may, at any time before an order for final distribution is made, petition for an order to allocate the debt.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11441 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 9 - PAYMENT OF DEBTS|CHAPTER 3 - Allocation of Debts Between Estate and Surviving Spouse|Section 11441.

11441.  The petition shall include a statement of all of the following:(a) All debts of the decedent and surviving spouse known to the petitioner that are alleged to be subject to allocation and whether paid in whole or part or unpaid.(b) The reason why the debts should be allocated.(c) The proposed allocation and the basis for allocation alleged by the petitioner.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11442 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 9 - PAYMENT OF DEBTS|CHAPTER 3 - Allocation of Debts Between Estate and Surviving Spouse|Section 11442.

11442.  If it appears from the petition that allocation would be affected by the value of the separate property of the surviving spouse and any community property and quasi-community property not administered in the estate and if an inventory and appraisal of the property has not been provided by the surviving spouse, the court shall make an order to show cause why the information should not be provided.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 11443 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 9 - PAYMENT OF DEBTS|CHAPTER 3 - Allocation of Debts Between Estate and Surviving Spouse|Section 11443.

11443.  The petitioner shall give notice of the hearing as provided in Section 1220, together with a copy of the petition and the order to show cause, if any.(Enacted by Stats. 1990, Ch. 79.)