DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS 7000-12591›PART 5. ESTATE MANAGEMENT 9600-10382›CHAPTER 1. General Provisions 9600-9645›ARTICLE 1. Duties and Liabilities of Personal Representative 9600-9606
§ 9601
California Probate Code · 2018-11 edition · updated 2026-10-04 · California
(a) If a personal representative breaches a fiduciary duty, the personal representative is chargeable with any of the following that is appropriate under the circumstances:
(1) Any loss or depreciation in value of the decedent’s estate resulting from the breach of duty, with interest.
(2) Any profit made by the personal representative through the breach of duty, with interest.
(3) Any profit that would have accrued to the decedent’s estate if the loss of profit is the result of the breach of duty.
(b) If the personal representative has acted reasonably and in good faith under the circumstances as known to the personal representative, the court, in its discretion, may excuse the personal representative in whole or in part from liability under subdivision (a) if it would be equitable to do so.
(Enacted by Stats. 1990, Ch. 79.)
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