§ 10831. — 10831. (Amended by Stats. 1990, Ch. 710, Sec. 36.)

California § 10831.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 7.: DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS
• Part 7.: PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE
• Ch. 2.: CHAPTER 2. Allowance of Compensation by Court

Text

(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.

Legislative History

Amended by Stats. 1990, Ch. 710, Sec. 36. Operative July 1, 1991, by Sec. 48 of Ch. 710.