Prob. Code, § 9601 · Article 1. Duties and Liabilities of Personal Representative
Prob. Code, § 9601
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Enacted by Stats. 1990, Ch. 79.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=9601.
- Text hash
- sha256 9bfd5c6b7fba76b43f7f8e255a5a189c7e5642a6355afb5d8801acedef875ce3
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 2 provisions
Provisions in this library whose text cites Prob. Code, § 9601. Each shows the citation as that text prints it.
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