reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10555.

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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10556.

10556. The personal representative has the power to pay all of the following:
(a) Taxes and assessments.
(b) Expenses incurred in the collection, care, and administration of the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10557.

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 payments to a devisee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10558.

10558. The personal representative has the power to exercise an option right that is property of the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10559.

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 commodities not owned by the decedent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10560.

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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10561.

10561. The personal representative has the power to exercise security subscription or conversion rights.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10562.

10562. The personal representative has the power to make repairs and improvements to real and personal property of the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10563.

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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10564.

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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 4 - Notice of Proposed Action Procedure › Section 10580.

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 proposed action without court supervision if the provision of Chapter 3 (commencing with Section 10500) giving the personal representative the power to take the action so requires. Nothing in this subdivision authorizes a personal representative to take an action under this part if the personal representative does not have the power to take the action under this part.
(b) A personal representative who has been granted authority to administer the estate under this part may give notice of proposed action as provided in this chapter even if the provision of Chapter 3 (commencing with Section 10500) giving the personal representative the power to take the action permits the personal representative to take the action without giving notice of proposed action. Nothing in this subdivision requires the personal representative to give notice of proposed action where not required under subdivision (a) or authorizes a personal representative to take any action that the personal representative is not otherwise authorized to take.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 4 - Notice of Proposed Action Procedure › Section 10581.

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 action.
(b) Each known heir whose interest in the estate would be affected by the proposed action.
(c) Each person who has filed a request under Chapter 6 (commencing with Section 1250) of Part 2, of Division 3 for special notice of petitions filed in the administration proceeding.
(d) 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 in the estate would be affected by the proposed action.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 4 - Notice of Proposed Action Procedure › Section 10582.

10582. Notice of proposed action need not be given to any person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 4 - Notice of Proposed Action Procedure › Section 10583.

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. The waiver may be executed at any time before or after the proposed action is taken. The waiver shall describe the particular proposed action and may waive particular aspects of the notice, such as the delivery, mailing, or time requirements of Section 10586, or the giving of the notice in its entirety for the particular proposed action.
(b) Notice of proposed action need not be given to any person who has executed the Statutory Waiver of Notice of Proposed Action Form prescribed by the Judicial Council and in that form has made either of the following:
(1) A general waiver of the right to notice of proposed action.
(2) A waiver of the right to notice of proposed action for all transactions of a type which includes the particular proposed action.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 4 - Notice of Proposed Action Procedure › Section 10584.

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.
(b) A copy of the revocation may be filed with the court, but the effectiveness of the revocation is not dependent upon a copy being filed with the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 4 - Notice of Proposed Action Procedure › Section 10585.

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.
(2) The name, telephone number, and electronic address of a person who may be contacted for additional information.
(3) The action proposed to be taken, with a reasonably specific description of the action. If the proposed action involves the sale or exchange of real property, or the granting of an option to purchase real property, the notice of proposed action shall state the material terms of the transaction, including, if applicable, the sale price and the amount of, or method of calculating, any commission or compensation paid or to be paid to an agent or broker in connection with the transaction.
(4) The date on or after which the proposed action is to be taken.
(b) The notice of proposed action may be given using the most current Notice of Proposed Action form prescribed by the Judicial Council.
(c) If the most current form prescribed by the Judicial Council is not used to give notice of proposed action, the notice of proposed action shall satisfy all of the following requirements:
(1) The notice of proposed action shall be in substantially the same form as the form prescribed by the Judicial Council.
(2) The notice of proposed action shall contain the statements described in subdivision (a).
(3) The notice of proposed action shall contain a form for objecting to the proposed action in substantially the form set out in the Judicial Council form.
(Amended by Stats. 2017, Ch. 319, Sec. 80. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 4 - Notice of Proposed Action Procedure › Section 10586.

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 proposed action on or after which the proposed action is to be taken. If mailed, the notice of proposed action shall be addressed to the person at the person’s last known address.
(Amended by Stats. 2017, Ch. 319, Sec. 81. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 4 - Notice of Proposed Action Procedure › Section 10587.

10587. (a) Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section.
(b) The objection to the proposed action is made by delivering pursuant to Section 1215 a written objection to the proposed action to the personal representative at the address stated in the notice of proposed action. The person objecting to the proposed action either may use the Judicial Council form or may make the objection in any other writing that identifies the proposed action with reasonable certainty and indicates that the person objects to the taking of the proposed action.
(c) The personal representative is deemed to have notice of the objection to the proposed action if it is delivered or received at the address stated in the notice of proposed action before whichever of the following times is the later:
(1) The date specified in the notice of proposed action on or after which the proposed action is to be taken.
(2) The date the proposed action is actually taken.
(Amended by Stats. 2017, Ch. 319, Sec. 82. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 4 - Notice of Proposed Action Procedure › Section 10588.

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 subdivision (b) of Section 10580, may apply to the court having jurisdiction over the proceeding for an order restraining the personal representative from taking the proposed action without court supervision. The court shall grant the requested order without requiring notice to the personal representative and without cause being shown for the order.
(b) The personal representative is deemed to have notice of the restraining order if it is served upon the personal representative in the same manner as is provided for in Section 415.10 or 415.30 of the Code of Civil Procedure, or in the manner authorized by the court, before whichever of the following times is the later:
(1) The date specified in a notice of proposed action on or after which the proposed action is to be taken.
(2) The date the proposed action is actually taken.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 4 - Notice of Proposed Action Procedure › Section 10589.

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 representative has notice of a written objection made under Section 10587 to the proposed action or a restraining order issued under Section 10588, the personal representative shall, if the personal representative desires to take the proposed action, take the proposed action under the provisions of this code dealing with court supervision of that kind of action.
(b) If the proposed action is one that would not require court supervision even if the personal representative had not been granted authority to administer the estate under this part but the personal representative has given notice of the proposed action and has notice of a written objection made under Section 10587 to the proposed action or a restraining order issued under Section 10588, the personal representative shall, if he or she desires to take the proposed action, request instructions from the court concerning the proposed action. The personal representative may take the proposed action only under such order as may be entered by the court.
(c) A person who objects to a proposed action as provided in Section 10587 or serves a restraining order issued under Section 10588 in the manner provided in that section shall be given notice of any hearing on a petition for court authorization or confirmation of the proposed action.
(Amended by Stats. 1991, Ch. 82, Sec. 26. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 4 - Notice of Proposed Action Procedure › Section 10590.

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 proposed action after it has been taken. Except as provided in subdivisions (b) and (c), a person described in Section 10581 waives the right to have the court review the proposed action after it has been taken, or otherwise to object to the proposed action after it has been taken, if either of the following circumstances exists:
(1) The person has been given notice of a proposed action, as provided in Sections 10580 to 10586, inclusive, and fails to object as provided in subdivision (d).
(2) The person has waived notice of or consented to the proposed action as provided in Sections 10582 to 10584, inclusive.
(b) Unless the person has waived notice of or consented to the proposed action as provided in Sections 10582 to 10584, inclusive, the court may review the action taken upon motion of a person described in Section 10581 who establishes that he or she did not actually receive the notice of proposed action before the time to object under subdivision (d) expires.
(c) The court may review the action of the personal representative upon motion of an heir or devisee who establishes all of the following:
(1) At the time the notice was given, the heir or devisee lacked capacity to object to the proposed action or was a minor.
(2) No notice of proposed action was actually received by the guardian, conservator, or other legal representative of the heir or devisee.
(3) The guardian, conservator, or other legal representative did not waive notice of proposed action.
(4) The guardian, conservator, or other legal representative did not consent to the proposed action.
(d) For the purposes of this section, an objection to a proposed action is made only by one or both of the following methods:
(1) Delivering or mailing a written objection as provided in Section 10587 within the time specified in subdivision (c) of that section.
(2) Serving a restraining order obtained under Section 10588 in the manner prescribed and within the time specified in subdivision (b) of that section.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 4 - Notice of Proposed Action Procedure › Section 10591.

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 representative without such compliance, does not affect the validity of the action so taken or the title to any property conveyed or transferred to bona fide purchasers or the rights of third persons who, dealing in good faith with the personal representative, changed their position in reliance upon the action, conveyance, or transfer without actual notice of the failure of the personal representative to comply with those provisions.
(b) No person dealing with the personal representative has any duty to inquire or investigate whether or not the personal representative has complied with the provisions listed in subdivision (a).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 4 - Notice of Proposed Action Procedure › Section 10592.

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 the following:
(1) Gives notice of proposed action as provided in this chapter.
(2) Obtains a waiver of notice of proposed action as provided in this chapter.
(3) Obtains a consent to the proposed action as provided in this chapter.
(b) The court in its discretion may remove the personal representative from office if the personal representative takes a proposed action in violation of Section 10589.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 1 - Amount of Compensation › ARTICLE 1 - Compensation of Personal Representative › Section 10800.

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, as follows:
(1) Four percent on the first one hundred thousand dollars ($100,000).
(2) Three percent on the next one hundred thousand dollars ($100,000).
(3) Two percent on the next eight hundred thousand dollars ($800,000).
(4) One percent on the next nine million dollars ($9,000,000).
(5) One-half of one percent on the next fifteen million dollars ($15,000,000).
(6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.
(b) For the purposes of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal value of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property.
(Amended by Stats. 2001, Ch. 699, Sec. 2. Effective January 1, 2002.)
2023 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 1 - Amount of Compensation › ARTICLE 1 - Compensation of Personal Representative › Section 10801.

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 representative in an amount the court determines is just and reasonable.
(b) The personal representative may also employ or retain tax counsel, tax auditors, accountants, or other tax experts for the performance of any action which such persons, respectively, may lawfully perform in the computation, reporting, or making of tax returns, or in negotiations or litigation which may be necessary for the final determination and payment of taxes, and pay from the funds of the estate for such services.
(Amended by Stats. 1991, Ch. 82, Sec. 28. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
2023 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 1 - Amount of Compensation › ARTICLE 1 - Compensation of Personal Representative › Section 10802.

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 and only compensation for the services of the personal representative.
(b) The personal representative may petition the court to be relieved from a provision of the will that provides for the compensation of the personal representative.
(c) Notice of the hearing on the petition shall be given 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 petition.
(3) Each known devisee whose interest in the estate would be affected by the petition.
(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 in the estate would be affected by the petition.
(d) If the court determines that it is to the advantage of the estate and in the best interest of the persons interested in the estate, the court may make an order authorizing compensation for the personal representative in an amount greater than provided in the will.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 1 - Amount of Compensation › ARTICLE 1 - Compensation of Personal Representative › Section 10803.

10803. An agreement between the personal representative and an heir or devisee for higher compensation than that provided by this part is void.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 1 - Amount of Compensation › ARTICLE 1 - Compensation of Personal Representative › Section 10804.

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 shall not receive compensation for services as the attorney for the personal representative unless the court specifically approves the right to the compensation in advance and finds that the arrangement is to the advantage, benefit, and best interests of the decedent’s estate.
(Amended by Stats. 2001, Ch. 699, Sec. 3. Effective January 1, 2002.)
2023 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 1 - Amount of Compensation › ARTICLE 1 - Compensation of Personal Representative › Section 10805.

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 rendered by each personal representative or as agreed to by the personal representatives.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 1 - Amount of Compensation › ARTICLE 2 - Compensation of Attorney For the Personal Representative › Section 10810.

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 representative, as follows:
(1) Four percent on the first one hundred thousand dollars ($100,000).
(2) Three percent on the next one hundred thousand dollars ($100,000).
(3) Two percent on the next eight hundred thousand dollars ($800,000).
(4) One percent on the next nine million dollars ($9,000,000).
(5) One-half of 1 percent on the next fifteen million dollars ($15,000,000).
(6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.
(b) For the purposes of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property.
(Amended by Stats. 2001, Ch. 699, Sec. 4. Effective January 1, 2002.)
2023 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 1 - Amount of Compensation › ARTICLE 2 - Compensation of Attorney For the Personal Representative › Section 10811.

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 personal representative in an amount the court determines is just and reasonable.
(b) Extraordinary services by the attorney for which the court may allow compensation include services by a paralegal performing the extraordinary services under the direction and supervision of an attorney. The petition for compensation shall set forth the hours spent and services performed by the paralegal.
(c) An attorney for the personal representative may agree to perform extraordinary service on a contingent fee basis subject to the following conditions:
(1) The agreement is written and complies with all the requirements of Section 6147 of the Business and Professions Code.
(2) The agreement is approved by the court following a hearing noticed as provided in Section 10812.
(3) The court determines that the compensation provided in the agreement is just and reasonable and the agreement is to the advantage of the estate and in the best interests of the persons who are interested in the estate.
(Amended by Stats. 1993, Ch. 527, Sec. 4. Effective January 1, 1994.)
2023 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 1 - Amount of Compensation › ARTICLE 2 - Compensation of Attorney For the Personal Representative › Section 10812.

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 shall be the full and only compensation for the services of the attorney for the personal representative.
(b) The personal representative or the attorney for the personal representative may petition the court to be relieved from a provision of the will that provides for the compensation of the attorney for the personal representative.
(c) Notice of the hearing on the petition shall be given 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 petition.
(3) Each known devisee whose interest in the estate would be affected by the petition.
(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 in the estate would be affected by the petition.
(5) If the court determines that it is to the advantage of the estate and in the best interest of the persons interested in the estate, the court may make an order authorizing compensation of the attorney for the personal representative in an amount greater than provided in the will.
(Added by Stats. 1991, Ch. 82, Sec. 30. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
2023 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 1 - Amount of Compensation › ARTICLE 2 - Compensation of Attorney For the Personal Representative › Section 10813.

10813. An agreement between the personal representative and the attorney for higher compensation for the attorney than that provided by this part is void.
(Added by Stats. 1991, Ch. 82, Sec. 30. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
2023 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 1 - Amount of Compensation › ARTICLE 2 - Compensation of Attorney For the Personal Representative › Section 10814.

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 each attorney or as agreed to by the attorneys.
(Added by Stats. 1991, Ch. 82, Sec. 30. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
2023 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 2 - Allowance of Compensation by Court › Section 10830.

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.
(2) The personal representative or the attorney for the personal representative may file a petition requesting an allowance on the compensation of the attorney for the personal representative.
(b) Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following:
(1) Each person listed in Section 1220.
(2) Each known heir whose interest in the estate would be affected by the payment of the compensation.
(3) Each known devisee whose interest in the estate would be affected by the payment of the compensation.
(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 in the estate would be affected by the petition.
(c) On the hearing, the court may make an order allowing the portion of the compensation of the personal representative or the attorney for the personal representative, as the case may be, on account of services rendered up to that time, that the court determines is proper. The order shall authorize the personal representative to charge against the estate the amount allowed.
(Amended by Stats. 1990, Ch. 710, Sec. 35. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
2023 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 2 - Allowance of Compensation by Court › Section 10831.

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 personal representative’s compensation for all services rendered in the estate proceeding.
(2) The personal representative or the attorney for the personal representative may petition the court for an order fixing and allowing the compensation, of the attorney for all services rendered in the estate proceeding.
(b) The request for compensation may be included in the final account or the petition for final distribution or may be made in a separate petition.
(c) Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following:
(1) Each person listed in Section 1220.
(2) Each known heir whose interest in the estate would be affected by the payment of the compensation.
(3) Each known devisee whose interest in the estate would be affected by the payment of the compensation.
(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 in the estate would be affected by the petition.
(d) On the hearing, the court shall make an order fixing and allowing the compensation for all services rendered in the estate proceeding. In the case of an allowance to the personal representative, the order shall authorize the personal representative to charge against the estate the amount allowed, less any amount previously charged against the estate pursuant to Section 10830. In the case of the attorney’s compensation the order shall require the personal representative to pay the attorney out of the estate the amount allowed, less any amount paid to the attorney out of the estate pursuant to Section 10830.
(Amended by Stats. 1990, Ch. 710, Sec. 36. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
2023 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 2 - Allowance of Compensation by Court › Section 10832.

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 distribution when any of the following requirements is satisfied:
(a) It appears likely that administration of the estate will continue, whether due to litigation or otherwise, for an unusually long time.
(b) Present payment will benefit the estate or the beneficiaries of the estate.
(c) Other good cause is shown.
(Amended by Stats. 1994, Ch. 806, Sec. 33. Effective January 1, 1995.)
2023 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.)
2023 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).)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)