AccountsSettlement of Account
Section § 11000
If an estate is being settled, the personal representative must inform certain people about a hearing. These include: individuals listed in another law section, known heirs or devisees (people named in a will) with affected interests, the Attorney General if the state might claim part of the estate, and creditors if the estate can’t pay all debts. If any requests are made for payment to the personal representative or their lawyer, this must be mentioned in the notice. Additionally, if it's the final account with a plan for distributing the remaining estate, this must also be noted in the notice.
Section § 11001
This law allows people to challenge various aspects of an estate account if there's a good reason. You can dispute things like the legitimacy of a claim not included before, the property's value for distribution, or actions taken by the person managing the estate that weren't approved by the court.
Section § 11002
This law allows the court to hold hearings to resolve issues related to the management of an estate, where a personal representative might be asked to attend. The court can also appoint experts, called referees, to review the financial accounts of the estate and report back, with their fees paid from the estate's funds. Finally, the court can issue any orders it finds necessary to implement these procedures.
Section § 11003
This law section explains what happens when someone challenges an estate's account in court without a valid reason or in bad faith. If the person challenging the account (the contestant) does so unjustly, the court can make them pay for the costs and attorney fees of those defending the account. The contestant is responsible for paying these costs from their own share of the estate or personally if there's not enough in the estate.
On the other hand, if the person who opposed the contestant (often the personal representative managing the estate) did so without a valid reason or in bad faith, the court can make them pay for the contestant's expenses and attorney fees. The personal representative has to cover these costs from their compensation from the estate or personally, and the debt can even be charged against their bond if they have one.
Section § 11004
This law states that the personal representative managing an estate is entitled to be reimbursed for any necessary expenses they incur while handling the estate, such as for its care, management, preservation, and settlement.
Section § 11005
If someone pays off a debt for a deceased person's estate without first going through the formal process of filing a claim, the court can approve this payment when finalizing the estate accounts if certain conditions are met. These conditions include proof that the debt was justified, it was paid sincerely, the payment amount was reasonable, and the estate has enough assets to cover its debts.