SECTIONS 10830-10832 - California Statutes

PROBATE CODE

SECTION 10830-10832

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.

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.

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.