California Probate Code

Sec. § 10812


(a)

Except as otherwise provided in this section, if the decedent’s will makes provision for the compensation of the attorney for the personal representative, the compensation provided by the will shall be the full and only compensation for the services of the attorney for the personal representative.

(b)

The personal representative or the attorney for the personal representative may petition the court to be relieved from a provision of the will that provides for the compensation of the attorney for the personal representative.

(c)

Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons:

(1)

Each person listed in Section 1220.

(2)

Each known heir whose interest in the estate would be affected by the petition.

(3)

Each known devisee whose interest in the estate would be affected by the petition.

(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 in the estate would be affected by the petition.

(5)

If the court determines that it is to the advantage of the estate and in the best interest of the persons interested in the estate, the court may make an order authorizing compensation of the attorney for the personal representative in an amount greater than provided in the will.
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Last accessed
Jun. 6, 2016