State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 12200-12206

PROBATE CODE
SECTION 12200-12206



12200.  The personal representative shall either petition for an
order for final distribution of the estate or make a report of status
of administration not later than the following times:
   (a) In an estate for which a federal estate tax return is not
required, within one year after the date of issuance of letters.
   (b) In an estate for which a federal estate tax return is
required, within 18 months after the date of issuance of letters.



12201.  If a report of status of administration is made under
Section 12200:
   (a) The report shall show the condition of the estate, the reasons
why the estate cannot be distributed and closed, and an estimate of
the time needed to close administration of the estate.
   (b) The report shall be filed with the court. Notice of hearing of
the report shall be given as provided in Section 1220 to persons
then interested in the estate, and shall include a statement in not
less than 10-point boldface type or a reasonable equivalent thereof
if printed, or in all capital letters if not printed, in
substantially the following words: "YOU HAVE THE RIGHT TO PETITION
FOR AN ACCOUNT UNDER SECTION 10950 OF THE CALIFORNIA PROBATE CODE."
   (c) On the hearing of the report, the court may order either of
the following:
   (1) That the administration of the estate continue for the time
and on the terms and conditions that appear reasonable, including an
account under Section 10950, if the court determines that
continuation of administration is in the best interests of the estate
or of interested persons.
   (2) That the personal representative shall petition for final
distribution.


12202.  (a) The court may, on petition of any interested person or
on its own motion, for good cause shown on the record, cite the
personal representative to appear before the court and show the
condition of the estate and the reasons why the estate cannot be
distributed and closed.
   (b) On the hearing of the citation, the court may either order the
administration of the estate to continue or order the personal
representative to petition for final distribution, as provided in
Section 12201.



12203.  (a) For purposes of this chapter, continuation of the
administration of the estate in order to pay a family allowance is
not in the best interests of the estate or interested persons unless
the court determines both of the following:
   (1) The family allowance is needed by the recipient to pay for
necessaries of life, including education so long as pursued to
advantage.
   (2) The needs of the recipient for continued family allowance
outweigh the needs of the decedent's beneficiaries whose interests
would be adversely affected by continuing the administration of the
estate for this purpose.
   (b) Nothing in this section shall be construed to authorize
continuation of a family allowance beyond the time prescribed in
Section 6543.
   (c) Nothing in this section limits the power of the court to order
a preliminary distribution of the estate.



12204.  Failure of the personal representative to comply with an
order made under this chapter is grounds for removal from office.



12205.  (a) The court may reduce the compensation of the personal
representative or the attorney for the personal representative by an
amount the court determines to be appropriate if the court makes all
of the following determinations:
   (1) The time taken for administration of the estate exceeds the
time required by this chapter or prescribed by the court.
   (2) The time taken was within the control of the personal
representative or attorney whose compensation is being reduced.
   (3) The delay was not in the best interest of the estate or
interested persons.
   (b) An order under this section reducing compensation may be made
regardless of whether the compensation otherwise allowable under Part
7 (commencing with Section 10800) would be reasonable compensation
for the services rendered by the personal representative or attorney.
   (c) An order under this section may be made at any of the
following hearings:
   (1) The hearing for final distribution.
   (2) The hearing for an allowance on the compensation of the
personal representative or attorney.
   (d) In making a determination under this section, the court shall
take into account any action taken under Section 12202 as a result of
a previous delay.



12206.  A limitation in a will of the time for administration of an
estate is directory only and does not limit the power of the personal
representative or the court to continue administration of the estate
beyond the time limitation in the will if the continuation is
necessary.