If the public administrator fails to qualify or fails to perform in person the duties of his office, the coroner shall be ex officio public administrator. If both the public administrator and the coroner fail to qualify or to perform the duties of the office, the board of supervisors shall appoint a suitable person as public administrator. All laws applicable to the qualification, powers, duties, and compensation of the public administrator shall apply to the coroner or appointee of the board.
Other OfficersPublic Administrator
Section § 27440
This law states that if the person appointed as the public administrator does not qualify or perform their duties, the coroner automatically takes over the role. If both the public administrator and the coroner are unable to qualify or perform the duties, the board of supervisors must appoint someone suitable to be the public administrator. Whoever fills the role, whether it's the coroner or a board appointee, must follow all the same rules and responsibilities as the original public administrator.
public administrator duties coroner role board of supervisors appointment
Section § 27441
The public administrator is required to charge and collect fees that are permitted by law for their services.
The public administrator shall charge and collect such fees as are allowed by law.
public administrator charge fees collect fees
Section § 27442
If a public administrator gets a salary and sends any fees they collect to the county, then if they work on an estate and there isn’t enough money to cover costs, the county has to pay for those costs.
If the public administrator is salaried and all fees and charges allowed him are paid or turned over to the county, then all fees and charges incurred by him for the benefit of any estate in which the assets prove insufficient therefor are county charges.
public administrator fees salaried administrator county charges
Section § 27443
If you're a public administrator, guardian, or conservator, or work for them, it's illegal to buy property or claims from estates you manage, or to profit from transactions related to these estates if you have a financial interest. However, actions permitted by court order are exceptions. Breaking these rules can lead to fines, jail time, or both, and you'll lose your job. This doesn't stop you from being charged under other criminal laws if they apply.
Every person holding the office of public administrator, public guardian, or public conservator and any deputy or agent of such officer is guilty of a crime who:
(a)CA Government Code § 27443(a) Purchases, directly or indirectly, the property of any estate or a claim against any estate administered by any public administrator, public guardian, or public conservator in his official capacity, or
(b)CA Government Code § 27443(b) Acts upon any transaction or expenditure in connection with the administration of an estate by the public administrator, public guardian, or public conservator in his official capacity, when he has a financial interest in such transaction or expenditure, or, having knowledge
of such interest, is associated in business with anyone who has such an interest.
Subdivisions (a) and (b) shall not be applicable to any act specifically authorized by court order.
Any violation of this section is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. Upon conviction of this section a person forfeits his office. This section is not intended to preclude prosecution under any other provisions of the criminal law which are otherwise applicable.
public administrator public guardian public conservator
Section § 27443.5
This law states that employees who work in the offices of public administrator, public guardian, or public conservator must follow certain rules from another law (Section 27443). However, these rules only affect them when they are handling estate matters for their employer.
Employees in the office of public administrator, public guardian, or public conservator shall be subject to the provisions of Section 27443; provided that, the restrictions of Section 27443 shall apply only with respect to the administration of estates by their employing officer.
public administrator employees public guardian roles public conservator responsibilities
Section § 27444
This law states that when a public administrator leaves their role, their authority automatically transfers to the next person who assumes the position. If official documents, known as letters, were issued to 'the public administrator', these remain valid for the new administrator, and no new documents are needed for them to exercise their duties.
The authority of the public administrator ceases upon termination of his or her tenure in the office of public administrator, and his or her authority vests in the successor in the office of public administrator. If letters have been issued to “the public administrator” of the county, the letters are sufficient to authorize action by the successor and new letters need not be issued.
public administrator successor authority tenure termination
