2007 California Probate Code Article 2. Appointment As Personal Representative

CA Codes (prob:7620-7624)

7620.  The public administrator of the county in which the estate of
a decedent may be administered shall promptly:
   (a) Petition for appointment as personal representative of the
estate if no person having higher priority has petitioned for
appointment and the total value of the property in the decedent's
estate exceeds one hundred thousand dollars (0,000).
   (b) Petition for appointment as personal representative of any
other estate the public administrator determines is proper.
   (c) Accept appointment as personal representative of an estate
when so ordered by the court, whether or not on petition of the
public administrator, after notice to the public administrator as
provided in Section 7621.
   (d) Proceed with summary disposition of the estate as authorized
by Article 4 (commencing with Section 7660), if the total value of
the property in the decedent's estate does not exceed the amount
prescribed in Section 13100 and a person having higher priority has
not assumed responsibility for administration of the estate.




7621.  (a) Except as otherwise provided in this section, appointment
of the public administrator as personal representative shall be
made, and letters issued, in the same manner and pursuant to the same
procedure as for appointment of and issuance of letters to personal
representatives generally.
   (b) Appointment of the public administrator may be made on the
court's own motion, after notice to the public administrator as
provided in Section 1220.
   (c) Letters may be issued to "the public administrator" of the
county without naming the public administrator.
   (d) The public administrator's oath and official bond are in lieu
of the personal representative's oath and bond.  Every estate
administered under this chapter shall be charged an annual bond fee
in the amount of twenty-five dollars () plus one-fourth of one
percent of the amount of an estate greater than ten thousand dollars
(,000).  The amount charged is an expense of administration and
that amount shall be deposited in the county treasury.  If a
successor personal representative is appointed, the amount of the
bond fee shall be prorated over the period of months during which the
public administrator acted as personal representative.  Upon final
distribution by the public administrator, any amount of bond charges
in excess of one year shall be a prorated charge to the estate.




7622.  Except as otherwise provided in this chapter:
   (a) The public administrator shall administer the estate in the
same manner as a personal representative generally, and the
provisions of this code concerning the administration of the decedent'
s estate apply to administration by the public administrator.
   (b) The public administrator is entitled to receive the same
compensation as is granted by this division to a personal
representative generally.  The attorney for the public administrator
is entitled to receive the same compensation as is granted by this
division to an attorney for a personal representative generally.
However, the compensation of the public administrator and the public
administrator's attorney may not be less than the compensation in
effect at the time of appointment of the public administrator or the
minimum amount provided in subdivision (b) of Section 7666, whichever
is greater.


7623.  (a)  As used in this section, "additional compensation" means
the difference between the reasonable compensation of the public
administrator in administering the estate and the compensation
awarded the public administrator under Chapter 1 (commencing with
Section 10800) of Part 7.
   (b) The public administrator may be awarded additional
compensation if any of  the following conditions are satisfied:
   (1) A person having priority for appointment as personal
representative has been given notice under Section 8110 of the public
administrator's petition for appointment, and the person has not
petitioned for appointment in preference to the public administrator.

   (2) The public administrator has been appointed after the
resignation or removal of a personal representative.



7624.  (a) If after final distribution of an estate any money
remains in the possession of the public administrator that should be
paid over to the county treasurer pursuant to Chapter 5 (commencing
with Section 11850) of Part 10, the court shall order payment to be
made within 60 days.
   (b) Upon failure of the public administrator to comply with an
order made pursuant to subdivision (a), the district attorney of the
county shall promptly institute proceedings against the public
administrator and the sureties on the official bond for the amount
ordered to be paid, plus costs.