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Current as of January 01, 2023 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - California Code, Probate Code - PROB § 12205 - last updated January 01, 2023 | https://codes.findlaw.com/ca/probate-code/prob-sect-12205/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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