Subject to the provisions of this chapter, if the personal representative does not file a required account, the court shall compel the account by punishment for contempt.
AccountsCompelling Account
Section § 11050
If the person managing an estate, known as the personal representative, fails to submit a necessary financial report, the court will force them to do so by potentially using contempt of court as a punishment.
personal representative estate management financial report
Section § 11051
This law requires that if a personal representative fails to file a necessary financial account, a legal notice called a citation will be issued to them. They must then appear in court to explain why they didn't comply.
If they deliberately avoid being served with this notice, they will lose their position as personal representative.
(a)CA Probate Code § 11051(a) A citation shall be issued, served, and returned, requiring a personal representative who does not file a required account to appear and show cause why the personal representative should not be punished for contempt.
(b)CA Probate Code § 11051(b) If the personal representative purposefully evades personal service of the citation, the personal representative shall be removed from office.
personal representative accountability required account filing show cause order
Section § 11052
If a personal representative fails to show up and submit a necessary report after being formally notified, the court can decide to punish them for contempt, remove them from their position, or both.
If the personal representative does not appear and file a required account, after having been duly cited, the personal representative may be punished for contempt or removed from office, or both, in the discretion of the court.
personal representative file account court citation
