State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 9650-9657

PROBATE CODE
SECTION 9650-9657



9650.  (a) Except as provided by statute and subject to subdivision
(c):
   (1) The personal representative has the right to, and shall take
possession or control of, all the property of the decedent to be
administered in the decedent's estate and shall collect all debts due
to the decedent or the estate. The personal representative is not
accountable for any debts that remain uncollected without his or her
fault.
   (2) The personal representative is entitled to receive the rents,
issues, and profits from the real and personal property in the estate
until the estate is distributed.
   (b) The personal representative shall pay taxes on, and take all
steps reasonably necessary for the management, protection, and
preservation of, the estate in his or her possession.
   (c) Real property or tangible personal property may be left with
or surrendered to the person presumptively entitled to it unless or
until, in the judgment of the personal representative, possession of
the property by the personal representative will be necessary for
purposes of administration. The person holding the property shall
surrender it to the personal representative on request by the
personal representative.


9651.  (a) A personal representative who in good faith takes into
possession real or personal property, and reasonably believes that
the property is part of the estate of the decedent, is not:
   (1) Criminally liable for so doing.
   (2) Civilly liable to any person for so doing.
   (b) The personal representative shall make reasonable efforts to
determine the true nature of, and title to, the property so taken
into possession.
   (c) During his or her possession, the personal representative is
entitled to receive all rents, issues, and profits of the property.
If the property is later determined not to be part of the estate of
the decedent, the personal representative shall deliver the property,
or cause it to be delivered, to the person legally entitled to it,
together with all rents, issues, and profits of the property received
by the personal representative, less any expenses incurred in
protecting and maintaining the property and in collecting rents,
issues, and profits. The personal representative may request court
approval before delivering the property pursuant to this subdivision.
   (d) The court may allow the personal representative reasonable
compensation for services rendered in connection with the duties
specified in this section as to property later determined not to be
part of the estate of the decedent, if the court makes one of the
following findings:
   (1) The services were of benefit to the estate. If the court makes
this finding, the compensation and the expenses and costs of
litigation, including attorney's fees of the attorney hired by the
personal representative to handle the matter, are a proper expense of
administration.
   (2) The services were essential to preserve, protect, and maintain
the property. If the court makes this finding, the court shall award
compensation and the expenses and costs of litigation, including
attorney's fees of the attorney hired by the personal representative
to handle the matter, as an expense deductible from the rents,
issues, and profits received by the personal representative, or, if
these are insufficient, as a lien against the property.



9652.  (a) Except as provided in subdivisions (b) and (c), the
personal representative shall keep all cash in his or her possession
invested in interest-bearing accounts or other investments authorized
by law.
   (b) The requirement of subdivision (a) does not apply to the
amount of cash that is reasonably necessary for orderly
administration of the estate.
   (c) The requirement of subdivision (a) does not apply to the
extent that the testator's will otherwise provides.



9653.  (a) On application of a creditor of the decedent or the
estate, the personal representative shall commence and prosecute an
action for the recovery of real or personal property of the decedent
for the benefit of creditors if the personal representative has
insufficient assets to pay creditors and the decedent during lifetime
did any of the following with respect to the property:
   (1) Made a conveyance of the property, or any right or interest in
the property, that is fraudulent as to creditors under the Uniform
Fraudulent Transfer Act (Chapter 1 (commencing with Section 3439) of
Title 2 of Part 2 of Division 4 of the Civil Code).
   (2) Made a gift of the property in view of impending death.
   (3) Made a direction to transfer a vehicle, undocumented vessel,
manufactured home, mobilehome, commercial coach, truck camper, or
floating home to a designated beneficiary on the decedent's death
pursuant to Section 18102.2 of the Health and Safety Code, or Section
5910.5 or 9916.5 of the Vehicle Code, and the property has been
transferred as directed.
   (b) A creditor making application under this section shall pay
such part of the costs and expenses of the suit and attorney's fees,
or give an undertaking to the personal representative for that
purpose, as the personal representative and the creditor agree, or,
absent an agreement, as the court or judge orders.
   (c) The property recovered under this section shall be sold for
the payment of debts in the same manner as if the decedent had died
seized or possessed of the property. The proceeds of the sale shall
be applied first to payment of the costs and expenses of suit,
including attorney's fees, and then to payment of the debts of the
decedent in the same manner as other property in possession of the
personal representative. After all the debts of the decedent have
been paid, the remainder of the proceeds shall be paid to the person
from whom the property was recovered. The property may be sold in its
entirety or in such portion as necessary to pay the debts.



9654.  The heirs or devisees may themselves, or jointly with the
personal representative, maintain an action for possession of
property or to quiet title to property against any person except the
personal representative.


9655.  With respect to a share of stock of a domestic or foreign
corporation held in the estate, a membership in a nonprofit
corporation held in the estate, or other property held in the estate,
a personal representative may do any one or more of the following:
   (a) Vote in person, and give proxies to exercise, any voting
rights with respect to the share, membership, or other property.
   (b) Waive notice of a meeting or give consent to the holding of a
meeting.
   (c) Authorize, ratify, approve, or confirm any action which could
be taken by shareholders, members, or property owners.



9656.  The personal representative may insure the property of the
estate against damage or loss and may insure himself or herself
against liability to third persons.



9657.  The personal representative shall not make profit by the
increase, nor suffer loss by the decrease or destruction without his
or her fault, of any part of the estate.