SECTIONS 9610-9614 - California Statutes

PROBATE CODE

SECTION 9610-9614

9610. Unless this part specifically provides a proceeding to obtain
court authorization or requires court authorization, the powers and
duties set forth in this part may be exercised by the personal
representative without court authorization, instruction, approval, or
confirmation. Nothing in this section precludes the personal
representative from seeking court authorization, instructions,
approval, or confirmation.

9611. (a) In all cases where no other procedure is provided by
statute, upon petition of the personal representative, the court may
authorize and instruct the personal representative, or approve and
confirm the acts of the personal representative, in the
administration, management, investment, disposition, care,
protection, operation, or preservation of the estate, or the
incurring or payment of costs, fees, or expenses in connection
therewith. Section 9613 does not preclude a petition for instructions
under this section.
(b) Notice of the hearing on the petition shall be given as
provided in Section 1220.

9613. (a) On petition of any interested person, and upon a showing
that if the petition is not granted the estate will suffer great or
irreparable injury, the court may direct the personal representative
to act or not to act concerning the estate. The order may include
terms and conditions the court determines are appropriate under the
circumstances.
(b) Notice of the hearing on the petition shall be given as
provided in Section 1220.

9614. (a) On petition of an interested person, the court may
suspend the powers of the personal representative in whole or in
part, for a time, as to specific property or circumstances or as to
specific duties of the office, or may make any other order to secure
proper performance of the duties of the personal representative, if
it appears to the court that the personal representative otherwise
may take some action that would jeopardize unreasonably the interest
of the petitioner. Persons with whom the personal representative may
transact business may be made parties.
(b) The matter shall be set for hearing within 10 days unless the
parties agree otherwise. Notice as the court directs shall be given
to the personal representative and attorney of record, if any, and to
any other parties named in the petition.
(c) The court may, in its discretion, if it determines that the
petition was brought unreasonably and for the purpose of hindering
the personal representative in the performance of the duties of the
office, assess attorney's fees against the petitioner and make the
assessment a charge against the interest of the petitioner.