Section § 11000

Explanation

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.

(a)CA Probate Code § 11000(a) The personal representative shall give notice of the hearing as provided in Section 1220 to all of the following persons:
(1)CA Probate Code § 11000(a)(1) Each person listed in Section 1220.
(2)CA Probate Code § 11000(a)(2) Each known heir whose interest in the estate would be affected by the account.
(3)CA Probate Code § 11000(a)(3) Each known devisee whose interest in the estate would be affected by the account.
(4)CA Probate Code § 11000(a)(4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest would be affected by the account.
(5)CA Probate Code § 11000(a)(5) If the estate is insolvent, each creditor who has filed a claim that is allowed or approved but is unpaid in whole or in part.
(b)CA Probate Code § 11000(b) If the petition for approval of the account requests allowance of all or a portion of the compensation of the personal representative or the attorney for the personal representative, the notice of hearing shall so state.
(c)CA Probate Code § 11000(c) If the account is a final account and is filed together with a petition for an order for final distribution of the estate, the notice of hearing shall so state.

Section § 11001

Explanation

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.

All matters relating to an account may be contested for cause shown, including, but not limited to:
(a)CA Probate Code § 11001(a) The validity of an allowed or approved claim not reported in a previous account and not established by judgment.
(b)CA Probate Code § 11001(b) The value of property for purposes of distribution.
(c)CA Probate Code § 11001(c) Actions taken by the personal representative not previously authorized or approved by the court, subject to Section 10590 (Independent Administration of Estates Act).

Section § 11002

Explanation

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.

(a)CA Probate Code § 11002(a) The court may conduct any hearing that may be necessary to settle the account, and may cite the personal representative to appear before the court for examination.
(b)CA Probate Code § 11002(b) The court may appoint one or more referees to examine the account and make a report on the account, subject to confirmation by the court. The court may allow a reasonable compensation to the referee to be paid out of the estate.
(c)CA Probate Code § 11002(c) The court may make any orders that the court deems necessary to effectuate the provisions of this section.

Section § 11003

Explanation

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.

(a)CA Probate Code § 11003(a) If the court determines that the contest was without reasonable cause and in bad faith, the court may award against the contestant the compensation and costs of the personal representative and other expenses and costs of litigation, including attorney’s fees, incurred to defend the account. The amount awarded is a charge against any interest of the contestant in the estate and the contestant is personally liable for any amount that remains unsatisfied.
(b)CA Probate Code § 11003(b) If the court determines that the opposition to the contest was without reasonable cause and in bad faith, the court may award the contestant the costs of the contestant and other expenses and costs of litigation, including attorney’s fees, incurred to contest the account. The amount awarded is a charge against the compensation or other interest of the personal representative in the estate and the personal representative is liable personally and on the bond, if any, for any amount that remains unsatisfied.

Section § 11004

Explanation

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.

The personal representative shall be allowed all necessary expenses in the administration of the estate, including, but not limited to, necessary expenses in the care, management, preservation, and settlement of the estate.

Section § 11005

Explanation

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.

If a debt has been paid within the time prescribed in Section 9154 but without a claim having been filed and established in the manner prescribed by statute, in settling the account the court shall allow the amount paid if all of the following are proven:
(a)CA Probate Code § 11005(a) The debt was justly due.
(b)CA Probate Code § 11005(b) The debt was paid in good faith.
(c)CA Probate Code § 11005(c) The amount paid did not exceed the amount reasonably necessary to satisfy the indebtedness.
(d)CA Probate Code § 11005(d) The estate is solvent.