SECTIONS 8520-8525 - California Statutes

PROBATE CODE

SECTION 8520-8525

8520. A vacancy occurs in the office of a personal representative
who resigns, dies, or is removed from office under Article 6
(commencing with Section 8500), or whose authority is otherwise
terminated.

8521. (a) Unless the will provides otherwise or the court in its
discretion orders otherwise, if a vacancy occurs in the office of
fewer than all personal representatives, the remaining personal
representatives shall complete the administration of the estate.
(b) The court, on the filing of a petition alleging that a vacancy
has occurred in the office of fewer than all personal
representatives, may order the clerk to issue appropriate amended
letters to the remaining personal representatives.

8522. (a) If a vacancy occurs in the office of a personal
representative and there are no other personal representatives, the
court shall appoint a successor personal representative.
(b) Appointment of a successor personal representative shall be
made on petition and service of notice on interested persons in the
manner provided in Article 2 (commencing with Section 8110) of
Chapter 2, and shall be subject to the same priority as for an
original appointment of a personal representative. The personal
representative of a deceased personal representative is not, as such,
entitled to appointment as successor personal representative.

8523. The court may make orders that are necessary to deal with the
estate of the decedent between the time a vacancy occurs in the
office of personal representative and appointment of a successor.
Those orders may include appointment of a special administrator.

8524. (a) A successor personal representative is entitled to
demand, sue for, recover and collect all the estate of the decedent
remaining unadministered, and may prosecute to final judgment any
suit commenced by the former personal representative before the
vacancy.
(b) No notice, process, or claim given to or served on the former
personal representative need be given to or served on the successor
in order to preserve any position or right the person giving the
notice or filing the claim may thereby have obtained or preserved
with reference to the former personal representative.
(c) Except as provided in subdivision (b) of Section 8442
(authority of administrator with will annexed) or as otherwise
ordered by the court, the successor personal representative has the
powers and duties in respect to the continued administration that the
former personal representative would have had.

8525. (a) The acts of the personal representative before a vacancy
occurs are valid to the same extent as if no vacancy had later
occurred.
(b) The liability of a personal representative whose office is
vacant, or of the surety on the bond, is not discharged, released, or
affected by the vacancy or by appointment of a successor, but
continues until settlement of the accounts of the personal
representative and delivery of all the estate of the decedent to the
successor personal representative or other person appointed by the
court to receive it. The personal representative shall render an
account of the administration within the time that the court directs.