reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 6 - Allowance and Rejection of Claims › Section 9252.

9252. (a) If the personal representative or the attorney for the personal representative is a creditor of the decedent, the clerk shall present the claim to the court or judge for approval or rejection. The court or judge may in its discretion require the creditor to file a petition and give notice of hearing.
(b) If the court or judge approves the claim, the claim is established and shall be included with other established claims to be paid in the course of administration.
(c) If the court or judge rejects the claim, the personal representative or attorney may bring an action against the estate. Summons shall be served on the judge, who shall appoint an attorney at the expense of the estate to defend the action.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 6 - Allowance and Rejection of Claims › Section 9253.

9253. A claim barred by the statute of limitations may not be allowed by the personal representative or approved by the court or judge.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 6 - Allowance and Rejection of Claims › Section 9254.

9254. (a) The validity of an allowed or approved claim may be contested by any interested person at any time before settlement of the report or account of the personal representative in which it is first reported as an allowed or approved claim. The burden of proof is on the contestant, except where the personal representative has acted under the Independent Administration of Estates Act (Part 6 (commencing Section 10400)), in which case the burden of proof is on the personal representative.
(b) Subdivision (a) does not apply to a claim established by a judgment.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 6 - Allowance and Rejection of Claims › Section 9255.

9255. (a) The personal representative may allow a claim, or the court or judge may approve a claim, in part. The allowance or approval shall state the amount for which the claim is allowed or approved.
(b) A creditor who refuses to accept the amount allowed or approved in satisfaction of the claim may bring an action on the claim in the manner provided in Chapter 8 (commencing with Section 9350). The creditor may not recover costs in the action unless the creditor recovers an amount greater than that allowed or approved.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 6 - Allowance and Rejection of Claims › Section 9256.

9256. If within 30 days after a claim is filed the personal representative or the court or judge has refused or neglected to act on the claim, the refusal or neglect may, at the option of the creditor, be deemed equivalent to giving a notice of rejection on the 30th day.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 7 - Claims Established by Judgment › Section 9300.

9300. (a) Except as provided in Section 9303, after the death of the decedent all money judgments against the decedent or against the personal representative on a claim against the decedent or estate are payable in the course of administration and are not enforceable against property in the estate of the decedent under the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure).
(b) Subject to Section 9301, a judgment referred to in subdivision (a) shall be filed in the same manner as other claims.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 7 - Claims Established by Judgment › Section 9301.

9301. When a money judgment against a personal representative in a representative capacity becomes final, it conclusively establishes the validity of the claim for the amount of the judgment. The judgment shall provide that it is payable out of property in the decedent’s estate in the course of administration. An abstract of the judgment shall be filed in the administration proceedings.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 7 - Claims Established by Judgment › Section 9302.

9302. (a) Notwithstanding the death of the decedent, a judgment for possession of property or a judgment for sale of property may be enforced under the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure). Nothing in this subdivision authorizes enforcement under the Enforcement of Judgments Law against any property in the estate of the decedent other than the property described in the judgment for possession or sale.
(b) After the death of the decedent, a demand for money that is not satisfied from the property described in a judgment for sale of property shall be filed as a claim in the same manner as other claims and is payable in the course of administration.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 7 - Claims Established by Judgment › Section 9303.

9303. If property of the decedent is subject to an execution lien at the time of the decedent’s death, enforcement against the property may proceed under the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure) to satisfy the judgment. The levying officer shall account to the personal representative for any surplus. If the judgment is not satisfied, the balance of the judgment remaining unsatisfied is payable in the course of administration.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 7 - Claims Established by Judgment › Section 9304.

9304. (a) An attachment lien may be converted into a judgment lien on property in the estate subject to the attachment lien, with the same priority as the attachment lien, in either of the following cases:
(1) Where the judgment debtor dies after entry of judgment in an action in which the property was attached.
(2) Where a judgment is entered after the death of the defendant in an action in which the property was attached.
(b) To convert the attachment lien into a judgment lien, the levying officer shall, after entry of judgment in the action in which the property was attached and before the expiration of the attachment lien, do one of the following:
(1) Serve an abstract of the judgment, and a notice that the attachment lien has become a judgment lien, on the person holding property subject to the attachment lien.
(2) Record or file, in any office where the writ of attachment and notice of attachment are recorded or filed, an abstract of the judgment and a notice that the attachment lien has become a judgment lien. If the attached property is real property, the plaintiff or the plaintiff’s attorney may record the required abstract and notice with the same effect as if recorded by the levying officer.
(c) After the death of the decedent, any members of the decedent’s family who were supported in whole or in part by the decedent may claim an exemption provided in Section 487.020 of the Code of Civil Procedure for property levied on under the writ of attachment if the right to the exemption exists at the time the exemption is claimed. The personal representative may claim the exemption on behalf of members of the decedent’s family. The claim of exemption may be made at any time before the time the abstract and notice are served, recorded, or filed under subdivision (b) with respect to the property claimed to be exempt. The claim of exemption shall be made in the same manner as an exemption is claimed under Section 482.100 of the Code of Civil Procedure.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 8 - Claims in Litigation › ARTICLE 1 - Claim Where No Pending Action or Proceeding › Section 9350.

9350. This article applies to any claim other than a claim on an action or proceeding pending against the decedent at the time of death.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 8 - Claims in Litigation › ARTICLE 1 - Claim Where No Pending Action or Proceeding › Section 9351.

9351. An action may not be commenced against a decedent’s personal representative on a cause of action against the decedent unless a claim is first filed as provided in this part and the claim is rejected in whole or in part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 8 - Claims in Litigation › ARTICLE 1 - Claim Where No Pending Action or Proceeding › Section 9352.

9352. (a) The filing of a claim or a petition under Section 9103 to file a claim tolls the statute of limitations otherwise applicable to the claim until allowance, approval, or rejection.
(b) The allowance or approval of a claim in whole or in part further tolls the statute of limitations during the administration of the estate as to the part allowed or approved.
(Amended by Stats. 1991, Ch. 1055, Sec. 26.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 8 - Claims in Litigation › ARTICLE 1 - Claim Where No Pending Action or Proceeding › Section 9353.

9353. (a) Regardless of whether the statute of limitations otherwise applicable to a claim will expire before or after the following times, a claim rejected in whole or in part is barred as to the part rejected unless, within the following times, the creditor commences an action on the claim or the matter is referred to a referee or to arbitration:
(1) If the claim is due at the time the notice of rejection is given, 90 days after the notice is given.
(2) If the claim is not due at the time the notice of rejection is given, 90 days after the claim becomes due.
(b) The time during which there is a vacancy in the office of the personal representative shall be excluded from the period determined under subdivision (a).
(Amended by Stats. 2007, Ch. 159, Sec. 7. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 8 - Claims in Litigation › ARTICLE 1 - Claim Where No Pending Action or Proceeding › Section 9354.

9354. (a) In addition to any other county in which an action may be commenced, an action on the claim may be commenced in the county in which the proceeding for administration of the decedent’s estate is pending.
(b) The plaintiff shall file a notice of the pendency of the action with the court clerk in the estate proceeding, together with proof of giving a copy of the notice to the personal representative as provided in Section 1215. Personal service of a copy of the summons and complaint on the personal representative is equivalent to the filing and giving of the notice. Any property distributed under court order, or any payment properly made, before the notice is filed and given is not subject to the claim. The personal representative, distributee, or payee is not liable on account of the prior distribution or payment.
(c) The prevailing party in the action shall be awarded court costs and, if the court determines that the prosecution or defense of the action against the prevailing party was unreasonable, the prevailing party shall be awarded reasonable litigation expenses, including attorney’s fees.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 8 - Claims in Litigation › ARTICLE 2 - Claim Where Action or Proceeding Pending › Section 9370.

9370. (a) An action or proceeding pending against the decedent at the time of death may not be continued against the decedent’s personal representative unless all of the following conditions are satisfied:
(1) A claim is first filed as provided in this part.
(2) The claim is rejected in whole or in part.
(3) Within three months after the notice of rejection is given, the plaintiff applies to the court in which the action or proceeding is pending for an order to substitute the personal representative in the action or proceeding. This paragraph applies only if the notice of rejection contains a statement that the plaintiff has three months within which to apply for an order for substitution.
(b) No recovery shall be allowed in the action against property in the decedent’s estate unless proof is made of compliance with this section.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 8 - Claims in Litigation › ARTICLE 3 - Litigation Where No Claim Required › Section 9390.

9390. (a) An action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued under Section 550, and a judgment in the action may be enforced against the insurer, without first filing a claim as provided in this part.
(b) Unless a claim is first made as provided in this part, an action to establish the decedent’s liability for damages outside the limits or coverage of the insurance may not be commenced or continued under Section 550.
(c) If the insurer seeks reimbursement under the insurance contract for any liability of the decedent, including, but not limited to, deductible amounts in the insurance coverage and costs and attorney’s fees for which the decedent is liable under the contract, an insurer defending an action under Section 550 shall file a claim as provided in this part. Failure to file a claim is a waiver of reimbursement under the insurance contract for any liability of the decedent.
(Amended by Stats. 1990, Ch. 710, Sec. 23. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 8 - Claims in Litigation › ARTICLE 3 - Litigation Where No Claim Required › Section 9391.

9391. Except as provided in Section 10361, the holder of a mortgage or other lien on property in the decedent’s estate, including, but not limited to, a judgment lien, may commence an action to enforce the lien against the property that is subject to the lien, without first filing a claim as provided in this part, if in the complaint the holder of the lien expressly waives all recourse against other property in the estate. Section 366.2 of the Code of Civil Procedure does not apply to an action under this section. The personal representative shall have the authority to seek to enjoin any action of the lienholder to enforce a lien against property that is subject to the lien.
(Amended by Stats. 1996, Ch. 862, Sec. 25. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 8 - Claims in Litigation › ARTICLE 3 - Litigation Where No Claim Required › Section 9392.

9392. (a) Subject to subdivision (b), a person to whom property is distributed is personally liable for the claim of a creditor, without a claim first having been filed, if all of the following conditions are satisfied:
(1) The identity of the creditor was known to, or reasonably ascertainable by, a general personal representative within four months after the date letters were first issued to the personal representative, and the claim of the creditor was not merely conjectural.
(2) Notice of administration of the estate was not given to the creditor under Chapter 2 (commencing with Section 9050) and neither the creditor nor the attorney representing the creditor in the matter had actual knowledge of the administration of the estate before the time the court made an order for final distribution of the property.
(3) The statute of limitations applicable to the claim under Section 353 of the Code of Civil Procedure has not expired at the time of commencement of an action under this section.
(b) Personal liability under this section is applicable only to the extent the claim of the creditor cannot be satisfied out of the decedent and is limited to the extent of the fair market value of the property on the date of the order for distribution, less the amount of any liens and encumbrances on the property at that time. Personal liability under this section is joint and several, based on the principles stated in Part 4 (commencing with Section 21400) of Division 11 (abatement).
(c) Nothing in this section affects the rights of a purchaser or encumbrancer of property in good faith and for value from a person who is personally liable under this section.
(Added by Stats. 1990, Ch. 79, Sec. 20. See prevailing Section 9392 (added by Stats. 1990, Ch. 140) as amended by Stats. 1992, Ch. 178.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 8 - Claims in Litigation › ARTICLE 3 - Litigation Where No Claim Required › Section 9392.

9392. (a) Subject to subdivision (b), a person to whom property is distributed is personally liable for the claim of a creditor, without a claim first having been filed, if all of the following conditions are satisfied:
(1) The identity of the creditor was known to, or reasonably ascertainable by, a general personal representative within four months after the date letters were first issued to the personal representative, and the claim of the creditor was not merely conjectural.
(2) Notice of administration of the estate was not given to the creditor under Chapter 2 (commencing with Section 9050) and neither the creditor nor the attorney representing the creditor in the matter has actual knowledge of the administration of the estate before the time the court made an order for final distribution of the property.
(3) The statute of limitations applicable to the claim under Section 366.2 of the Code of Civil Procedure has not expired at the time of commencement of an action under this section.
(b) Personal liability under this section is applicable only to the extent the claim of the creditor cannot be satisfied out of the estate of the decedent and is limited to a pro rata portion of the claim of the creditor, based on the proportion that the value of the property distributed to the person out of the estate bears to the total value of all property distributed to all persons out of the estate. Personal liability under this section for all claims of all creditors shall not exceed the value of the property distributed to the person out of the estate. As used in this section, the value of property is the fair market value of the property on the date of the order for distribution, less the amount of any liens and encumbrances on the property at that time.
(c) Nothing in this section affects the rights of a purchaser or encumbrancer of property in good faith and for value from a person who is personally liable under this section.
(Amended (as added by Stats. 1990, Ch. 140) by Stats. 1992, Ch. 178, Sec. 36. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 4 - CREDITOR CLAIMS › CHAPTER 8 - Claims in Litigation › ARTICLE 4 - Transitional Provision › Section 9399.

9399. (a) This chapter does not apply to an action commenced before July 1, 1989.
(b) The applicable law in effect before July 1, 1989, continues to apply to an action commenced before July 1, 1989, notwithstanding its repeal by Chapter 1199 of the Statutes of 1988.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 1 - Duties and Liabilities of Personal Representative › Section 9600.

9600. (a) The personal representative has the management and control of the estate and, in managing and controlling the estate, shall use ordinary care and diligence. What constitutes ordinary care and diligence is determined by all the circumstances of the particular estate.
(b) The personal representative:
(1) Shall exercise a power to the extent that ordinary care and diligence require that the power be exercised.
(2) Shall not exercise a power to the extent that ordinary care and diligence require that the power not be exercised.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 1 - Duties and Liabilities of Personal Representative › Section 9601.

9601. (a) If a personal representative breaches a fiduciary duty, the personal representative is chargeable with any of the following that is appropriate under the circumstances:
(1) Any loss or depreciation in value of the decedent’s estate resulting from the breach of duty, with interest.
(2) Any profit made by the personal representative through the breach of duty, with interest.
(3) Any profit that would have accrued to the decedent’s estate if the loss of profit is the result of the breach of duty.
(b) If the personal representative has acted reasonably and in good faith under the circumstances as known to the personal representative, the court, in its discretion, may excuse the personal representative in whole or in part from liability under subdivision (a) if it would be equitable to do so.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 1 - Duties and Liabilities of Personal Representative › Section 9602.

9602. (a) If the personal representative is liable for interest pursuant to Section 9601, the personal representative is liable for the greater of the following amounts:
(1) The amount of interest that accrues at the legal rate on judgments.
(2) The amount of interest actually received.
(b) If the personal representative has acted reasonably and in good faith under the circumstances as known to the personal representative, the court, in its discretion, may excuse the personal representative in whole or in part from liability under subdivision (a) if it would be equitable to do so.
(Amended by Stats. 1998, Ch. 77, Sec. 4. Effective January 1, 1999.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 1 - Duties and Liabilities of Personal Representative › Section 9603.

9603. The provisions of Sections 9601 and 9602 for liability of a personal representative for breach of a fiduciary duty do not prevent resort to any other remedy available against the personal representative under the statutory or common law.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 1 - Duties and Liabilities of Personal Representative › Section 9604.

9604. No personal representative is chargeable upon a special promise to answer in damages for a liability of the decedent or to pay a debt of the decedent out of the personal representative’s own estate unless the agreement for that purpose, or some memorandum or note thereof, is in writing and is signed by one of the following:
(a) The personal representative.
(b) Some other person specifically authorized by the personal representative in writing to sign the agreement or the memorandum or note.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 1 - Duties and Liabilities of Personal Representative › Section 9605.

9605. Appointment of a person as personal representative does not discharge any claim the decedent has against the person.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 1 - Duties and Liabilities of Personal Representative › Section 9606.

9606. Unless otherwise provided in the instrument or in this division, a personal representative is not personally liable on an instrument, including but not limited to a note, mortgage, deed of trust, or other contract, properly entered into in the personal representative’s fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal the personal representative’s representative capacity or identify the estate in the instrument.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - Court Supervision › Section 9610.

9610. Unless this part specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this part may be exercised by the personal representative without court authorization, instruction, approval, or confirmation. Nothing in this section precludes the personal representative from seeking court authorization, instructions, approval, or confirmation.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - Court Supervision › Section 9611.

9611. (a) In all cases where no other procedure is provided by statute, upon petition of the personal representative, the court may authorize and instruct the personal representative, or approve and confirm the acts of the personal representative, in the administration, management, investment, disposition, care, protection, operation, or preservation of the estate, or the incurring or payment of costs, fees, or expenses in connection therewith. Section 9613 does not preclude a petition for instructions under this section.
(b) Notice of the hearing on the petition shall be given as provided in Section 1220.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - Court Supervision › Section 9613.

9613. (a) On petition of any interested person, and upon a showing that if the petition is not granted the estate will suffer great or irreparable injury, the court may direct the personal representative to act or not to act concerning the estate. The order may include terms and conditions the court determines are appropriate under the circumstances.
(b) Notice of the hearing on the petition shall be given as provided in Section 1220.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - Court Supervision › Section 9614.

9614. (a) On petition of an interested person, the court may suspend the powers of the personal representative in whole or in part, for a time, as to specific property or circumstances or as to specific duties of the office, or may make any other order to secure proper performance of the duties of the personal representative, if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the petitioner. Persons with whom the personal representative may transact business may be made parties.
(b) The matter shall be set for hearing within 10 days unless the parties agree otherwise. Notice as the court directs shall be given to the personal representative and attorney of record, if any, and to any other parties named in the petition.
(c) The court may, in its discretion, if it determines that the petition was brought unreasonably and for the purpose of hindering the personal representative in the performance of the duties of the office, assess attorney’s fees against the petitioner and make the assessment a charge against the interest of the petitioner.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 3 - Summary Determination of Disputes › Section 9620.

9620. If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may do either of the following:
(a) Enter into an agreement in writing with the third person to refer the dispute to a temporary judge designated in the agreement. The agreement shall be filed with the clerk, who shall thereupon, with the approval of the court, enter an order referring the matter to the designated person. The temporary judge shall proceed promptly to hear and determine the matter in controversy by summary procedure, without pleadings or discovery. The decision of the designated person is subject to Section 632 of the Code of Civil Procedure. Judgment shall be entered on the decision and shall be as valid and effective as if rendered by a judge of the court in an action against the personal representative or the third person commenced by ordinary process.
(b) Enter into an agreement in writing with the third person that a judge, pursuant to the agreement and with the written consent of the judge, both filed with the clerk within the time specified in Section 9353 for bringing an independent suit on the matter in dispute, may hear and determine the dispute pursuant to the procedure provided in subdivision (a).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 3 - Summary Determination of Disputes › Section 9621.

9621. If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may enter into an agreement in writing with the third person to submit the dispute to arbitration under Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. The agreement is not effective unless it is first approved by the court and a copy of the approved agreement is filed with the court. Notice of the hearing on the petition for approval of the agreement shall be given as provided in Section 1220. The order approving the agreement may be made ex parte.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 4 - Joint Personal Representatives › Section 9630.

9630. (a) Subject to subdivisions (b), (c), and (d):
(1) Where there are two personal representatives, both must concur to exercise a power.
(2) Where there are more than two personal representatives, a majority must concur to exercise a power.
(b) If one of the joint personal representatives dies or is removed or resigns, the powers and duties continue in the remaining joint personal representatives as if they were the only personal representatives until further appointment is made by the court.
(c) Where joint personal representatives have been appointed and one or more are (1) absent from the state and unable to act, or (2) otherwise unable to act, or (3) legally disqualified from serving, the court may, by order made with or without notice, authorize the remaining joint personal representatives to act as to all matters embraced within its order.
(d) Where there are two or more personal representatives, any of them may:
(1) Oppose a petition made by one or more of the other personal representatives or by any other person.
(2) Petition the court for an order requiring the personal representatives to take a specific action for the benefit of the estate or directing the personal representatives not to take a specific action. If a procedure is provided by statute for a petition to authorize the specific action by the personal representatives, the petitioner shall file the petition under the provision relating to that procedure. Otherwise, the petitioner shall file the petition under Section 9611.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 4 - Joint Personal Representatives › Section 9631.

9631. (a) Except as provided in subdivision (b), where there is more than one personal representative, one personal representative is not liable for a breach of fiduciary duty committed by another of the personal representatives.
(b) Where there is more than one personal representative, one personal representative is liable for a breach of fiduciary duty committed by another of the personal representatives under any of the following circumstances:
(1) Where the personal representative participates in a breach of fiduciary duty committed by the other personal representative.
(2) Where the personal representative improperly delegates the administration of the estate to the other personal representative.
(3) Where the personal representative approves, knowingly acquiesces in, or conceals a breach of fiduciary duty committed by the other personal representative.
(4) Where the personal representative’s negligence enables the other personal representative to commit a breach of fiduciary duty.
(5) Where the personal representative knows or has information from which the personal representative reasonably should have known of the breach of fiduciary duty by the other personal representative and fails to take reasonable steps to compel the other personal representative to redress the breach.
(c) The liability of a personal representative for a breach of fiduciary duty committed by another of the personal representatives that occurred before July 1, 1988, is governed by prior law and not by this section.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 5 - Independent Administration › Section 9640.

9640. Nothing in this part limits or restricts any authority granted to a personal representative under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400)) to administer the estate under that part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 1 - General Provisions › ARTICLE 6 - Transitional Provision › Section 9645.

9645. (a) Subject to subdivisions (b) and (c), any petition or other matter filed or commenced before July 1, 1988, shall be continued under this part, so far as applicable, except where the court determines that application of a particular provision of this part would substantially interfere with the rights of the parties or other interested persons, in which case the particular provision of this part does not apply and the applicable law in effect before July 1, 1988, applies.
(b) Nothing in this part affects any order, judgment, or decree made, or any action taken, before July 1, 1988.
(c) Notwithstanding the enactment of this part:
(1) An order, judgment, or decree made before July 1, 1988, shall continue in full force and effect in accordance with its terms or until modified or terminated by the court.
(2) The validity of an order, judgment, or decree made before July 1, 1988, is determined by the applicable law in effect before July 1, 1988, and not by this part.
(3) The validity of any action taken before July 1, 1988, is determined by the applicable law in effect before July 1, 1988, and not by this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 2 - Estate Management Generally › Section 9650.

9650. (a) Except as provided by statute and subject to subdivision (c):
(1) The personal representative has the right to, and shall take possession or control of, all the property of the decedent to be administered in the decedent’s estate and shall collect all debts due to the decedent or the estate. The personal representative is not accountable for any debts that remain uncollected without his or her fault.
(2) The personal representative is entitled to receive the rents, issues, and profits from the real and personal property in the estate until the estate is distributed.
(b) The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in his or her possession.
(c) Real property or tangible personal property may be left with or surrendered to the person presumptively entitled to it unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The person holding the property shall surrender it to the personal representative on request by the personal representative.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 2 - Estate Management Generally › Section 9651.

9651. (a) A personal representative who in good faith takes into possession real or personal property, and reasonably believes that the property is part of the estate of the decedent, is not:
(1) Criminally liable for so doing.
(2) Civilly liable to any person for so doing.
(b) The personal representative shall make reasonable efforts to determine the true nature of, and title to, the property so taken into possession.
(c) During his or her possession, the personal representative is entitled to receive all rents, issues, and profits of the property. If the property is later determined not to be part of the estate of the decedent, the personal representative shall deliver the property, or cause it to be delivered, to the person legally entitled to it, together with all rents, issues, and profits of the property received by the personal representative, less any expenses incurred in protecting and maintaining the property and in collecting rents, issues, and profits. The personal representative may request court approval before delivering the property pursuant to this subdivision.
(d) The court may allow the personal representative reasonable compensation for services rendered in connection with the duties specified in this section as to property later determined not to be part of the estate of the decedent, if the court makes one of the following findings:
(1) The services were of benefit to the estate. If the court makes this finding, the compensation and the expenses and costs of litigation, including attorney’s fees of the attorney hired by the personal representative to handle the matter, are a proper expense of administration.
(2) The services were essential to preserve, protect, and maintain the property. If the court makes this finding, the court shall award compensation and the expenses and costs of litigation, including attorney’s fees of the attorney hired by the personal representative to handle the matter, as an expense deductible from the rents, issues, and profits received by the personal representative, or, if these are insufficient, as a lien against the property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 2 - Estate Management Generally › Section 9652.

9652. (a) Except as provided in subdivisions (b) and (c), the personal representative shall keep all cash in his or her possession invested in interest-bearing accounts or other investments authorized by law.
(b) The requirement of subdivision (a) does not apply to the amount of cash that is reasonably necessary for orderly administration of the estate.
(c) The requirement of subdivision (a) does not apply to the extent that the testator’s will otherwise provides.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 2 - Estate Management Generally › Section 9653.

9653. (a) On application of a creditor of the decedent or the estate, the personal representative shall commence and prosecute an action for the recovery of real or personal property of the decedent for the benefit of creditors if the personal representative has insufficient assets to pay creditors and the decedent during lifetime did any of the following with respect to the property:
(1) Made a conveyance of the property, or any right or interest in the property, that is voidable as to creditors under the Uniform Voidable Transactions Act (Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 of the Civil Code).
(2) Made a gift of the property in view of impending death.
(3) Made a direction to transfer a vehicle, undocumented vessel, manufactured home, mobilehome, commercial coach, truck camper, or floating home to a designated beneficiary on the decedent’s death pursuant to Section 18102.2 of the Health and Safety Code, or Section 5910.5 or 9916.5 of the Vehicle Code, and the property has been transferred as directed.
(b) A creditor making application under this section shall pay such part of the costs and expenses of the suit and attorney’s fees, or give an undertaking to the personal representative for that purpose, as the personal representative and the creditor agree, or, absent an agreement, as the court or judge orders.
(c) The property recovered under this section shall be sold for the payment of debts in the same manner as if the decedent had died seized or possessed of the property. The proceeds of the sale shall be applied first to payment of the costs and expenses of suit, including attorney’s fees, and then to payment of the debts of the decedent in the same manner as other property in possession of the personal representative. After all the debts of the decedent have been paid, the remainder of the proceeds shall be paid to the person from whom the property was recovered. The property may be sold in its entirety or in such portion as necessary to pay the debts.
(Amended by Stats. 2015, Ch. 44, Sec. 27. (SB 161) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 2 - Estate Management Generally › Section 9654.

9654. The heirs or devisees may themselves, or jointly with the personal representative, maintain an action for possession of property or to quiet title to property against any person except the personal representative.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 2 - Estate Management Generally › Section 9655.

9655. With respect to a share of stock of a domestic or foreign corporation held in the estate, a membership in a nonprofit corporation held in the estate, or other property held in the estate, a personal representative may do any one or more of the following:
(a) Vote in person, and give proxies to exercise, any voting rights with respect to the share, membership, or other property.
(b) Waive notice of a meeting or give consent to the holding of a meeting.
(c) Authorize, ratify, approve, or confirm any action which could be taken by shareholders, members, or property owners.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 2 - Estate Management Generally › Section 9656.

9656. The personal representative may insure the property of the estate against damage or loss and may insure himself or herself against liability to third persons.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 2 - Estate Management Generally › Section 9657.

9657. The personal representative shall not make profit by the increase, nor suffer loss by the decrease or destruction without his or her fault, of any part of the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 3 - Deposit of Money and Personal Property With Financial Institutions › Section 9700.

9700. The personal representative may deposit money of the estate in an insured account in a financial institution in this state. Unless otherwise provided by court order, the money may be withdrawn without order of the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 3 - Deposit of Money and Personal Property With Financial Institutions › Section 9701.

9701. The personal representative may deposit personal property of the estate with a trust company for safekeeping. Unless otherwise provided by court order, the personal property may be withdrawn without order of the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 3 - Deposit of Money and Personal Property With Financial Institutions › Section 9702.

9702. (a) A trust company serving as personal representative may deposit securities that constitute all or part of the estate in a securities depository, as provided in Section 1612 of the Financial Code.
(b) If securities have been deposited with a trust company by a personal representative pursuant to Section 9701, the trust company may deposit the securities in a securities depository, as provided in Section 1612 of the Financial Code.
(c) The securities depository may hold securities deposited with it in the manner authorized by Section 1612 of the Financial Code.
(Amended by Stats. 2014, Ch. 71, Sec. 139. (SB 1304) Effective January 1, 2015.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 3 - Deposit of Money and Personal Property With Financial Institutions › Section 9703.

9703. (a) Upon application of the personal representative, the court may, with or without notice, order that money or other personal property be deposited pursuant to Section 9700 or 9701 and be subject to withdrawal only upon authorization of the court.
(b) The personal representative shall deliver a copy of the court order to the financial institution or trust company at the time the deposit is made.
(c) No financial institution or trust company accepting a deposit pursuant to Section 9700 or 9701 shall be on notice of the existence of an order that the money or other property is subject to withdrawal only upon authorization of the court unless it has actual notice of the order.
(Enacted by Stats. 1990, Ch. 79.)