General Provisions - Accounts - Probate - CA

Section § 10900

This section outlines what must be included in an account for probate cases. It includes both a financial statement and an administration report. The administration report must detail any known debts, how they're handled, and the status of creditor claims. This includes notifying creditors if required, listing claims filed, and detailing any unpaid claims. For unpaid claims, it must clarify whether they are due, if rejections were issued, and if any lawsuits have been filed by creditors. The report should also specify any properties used as security for these claims. Lastly, a past legislative amendment impacted this section's operation starting in mid-1997.

(a) An account shall include both a financial statement and a report of administration as provided in Chapter 4 (commencing with Section 1060) of Part 1 of Division 3, and this section.

(b) The statement of liabilities in the report of administration shall include the following information:

(1) Whether notice to creditors was given under Section 9050.

(2) Creditor claims filed, including the date of filing the claim, the name of the claimant, the amount of the claim, and the action taken on the claim.

(3) Creditor claims not paid, satisfied, or adequately provided for. As to each such claim, the statement shall indicate whether the claim is due and the date due, the date any notice of rejection was given, and whether the creditor has brought an action on the claim. The statement shall identify any real or personal property that is security for the claim, whether by mortgage, deed of trust, lien, or other encumbrance.

(c) The amendments to this section made by Assembly Bill 2751 of the 1995–96 Regular Session shall become operative on July 1, 1997.

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Section § 10901

If you're involved in an estate matter and either the court orders it or you ask for it, the person responsible for managing the deceased's estate must show the documents that back up their financial accounts to you or the court.

On court order, or on request by an interested person filed with the clerk and a copy served on the personal representative, the personal representative shall produce for inspection and audit by the court or interested person the documents specified in the order or request that support an account.

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Section § 10902

This law allows a personal representative, who manages the affairs of someone who has died, to use an accounting report from the conservator (a guardian for adults) or guardian (a guardian for children) of the deceased person without needing to double-check it. The personal representative can simply refer to this report for any financial transactions that took place after the person died and doesn't have to investigate the details themselves.

When a personal representative receives assets from the conservator of a deceased conservatee or the guardian of a deceased ward, the personal representative may incorporate by reference any accounting provided by the conservator or guardian for the decedent for the period subsequent to the date of death, and the personal representative is entitled to rely on the accounting by such other fiduciary, and shall not have a duty to independently investigate or verify the transactions reported in such an account.

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