SECTIONS 2630-2633 - California Statutes

PROBATE CODE

SECTION 2630-2633

2630. The termination of the relationship of guardian and ward or
conservator and conservatee by the death of either, by the ward
attaining majority, by the determination of the court that the
guardianship or conservatorship is no longer necessary, by the
removal or resignation of the guardian or conservator, or for any
other reason, does not cause the court to lose jurisdiction of the
proceeding for the purpose of settling the accounts of the guardian
or conservator or for any other purpose incident to the enforcement
of the judgments and orders of the court upon such accounts or upon
the termination of the relationship.

2631. (a) Upon the death of the ward or conservatee, the guardian
or conservator may contract for and pay a reasonable sum for the
expenses of the last illness and the disposition of the remains of
the deceased ward or conservatee, and for unpaid court-approved
attorney's fees, and may pay the unpaid expenses of the guardianship
or conservatorship accruing before or after the death of the ward or
conservatee, in full or in part, to the extent reasonable, from any
personal property of the deceased ward or conservatee which is under
the control of the guardian or conservator.
(b) If after payment of expenses under subdivision (a), the total
market value of the remaining estate of the decedent does not exceed
the amount determined under Section 13100, the guardian or
conservator may petition the court for an order permitting the
guardian or conservator to liquidate the decedent's estate. The
guardian or conservator may petition even though there is a will of
the decedent in existence if the will does not appoint an executor or
if the named executor refuses to act. No notice of the petition need
be given. If the order is granted, the guardian or conservator may
sell personal property of the decedent, withdraw money of the
decedent in an account in a financial institution, and collect a
debt, claim, or insurance proceeds owed to the decedent or the
decedent's estate, and a person having possession or control shall
pay or deliver the money or property to the guardian or conservator.
(c) After payment of expenses, the guardian or conservator may
transfer any remaining property as provided in Division 8 (commencing
with Section 13000). For this purpose, the value of the property of
the deceased ward or conservatee shall be determined after the
deduction of the expenses so paid.

2632. (a) As used in this section:
(1) "Incapacitated" means lack of capacity to serve as guardian or
conservator.
(2) "Legal representative" means the personal representative of a
deceased guardian or conservator or the conservator of the estate of
an incapacitated guardian or conservator.
(b) If a guardian or conservator dies or becomes incapacitated and
a legal representative is appointed for the deceased or
incapacitated guardian or conservator, 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 guardian or conservator.
(c) If a guardian or conservator dies or becomes incapacitated and
no legal representative is appointed for the deceased or
incapacitated guardian or conservator, or if the guardian or
conservator absconds, the court may compel the attorney for the
deceased, incapacitated, or absconding guardian or conservator or the
attorney of record in the guardianship or conservatorship proceeding
to file an account of the administration of the deceased,
incapacitated, or absconding guardian or conservator.
(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 shall be a charge
against the estate that was being administered by the deceased,
incapacitated, or absconding guardian or conservator. 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.

2633. Subject to Section 2630, where the guardianship or
conservatorship terminates before the inventory of the estate has
been filed, the court, in its discretion and upon such notice as the
court may require, may make an order that the guardian or conservator
need not file the inventory and appraisal and that the guardian or
conservator shall file an account covering only those assets of the
estate of which the guardian or conservator has possession or
control.