2012 California Codes
PROB - Probate Code
DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591]
PART 8 - ACCOUNTS
CHAPTER 2 - When Account Required
Section 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.)
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