SECTIONS 9630-9631 - California Statutes

PROBATE CODE

SECTION 9630-9631

9630. (a) Subject to subdivisions (b), (c), and (d):
(1) Where there are two personal representatives, both must concur
to exercise a power.
(2) Where there are more than two personal representatives, a
majority must concur to exercise a power.
(b) If one of the joint personal representatives dies or is
removed or resigns, the powers and duties continue in the remaining
joint personal representatives as if they were the only personal
representatives until further appointment is made by the court.
(c) Where joint personal representatives have been appointed and
one or more are (1) absent from the state and unable to act, or (2)
otherwise unable to act, or (3) legally disqualified from serving,
the court may, by order made with or without notice, authorize the
remaining joint personal representatives to act as to all matters
embraced within its order.
(d) Where there are two or more personal representatives, any of
them may:
(1) Oppose a petition made by one or more of the other personal
representatives or by any other person.
(2) Petition the court for an order requiring the personal
representatives to take a specific action for the benefit of the
estate or directing the personal representatives not to take a
specific action. If a procedure is provided by statute for a petition
to authorize the specific action by the personal representatives,
the petitioner shall file the petition under the provision relating
to that procedure. Otherwise, the petitioner shall file the petition
under Section 9611.

9631. (a) Except as provided in subdivision (b), where there is
more than one personal representative, one personal representative is
not liable for a breach of fiduciary duty committed by another of
the personal representatives.
(b) Where there is more than one personal representative, one
personal representative is liable for a breach of fiduciary duty
committed by another of the personal representatives under any of the
following circumstances:
(1) Where the personal representative participates in a breach of
fiduciary duty committed by the other personal representative.
(2) Where the personal representative improperly delegates the
administration of the estate to the other personal representative.
(3) Where the personal representative approves, knowingly
acquiesces in, or conceals a breach of fiduciary duty committed by
the other personal representative.
(4) Where the personal representative's negligence enables the
other personal representative to commit a breach of fiduciary duty.
(5) Where the personal representative knows or has information
from which the personal representative reasonably should have known
of the breach of fiduciary duty by the other personal representative
and fails to take reasonable steps to compel the other personal
representative to redress the breach.
(c) The liability of a personal representative for a breach of
fiduciary duty committed by another of the personal representatives
that occurred before July 1, 1988, is governed by prior law and not
by this section.