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Cal. Rules of Court, rule 7.700 · Chapter 15. Compensation of Personal Representatives and Attorneys

Compensation paid in advance

Verbatim from the official edition

Text — As posted by the Judicial Council of California (read October 22, 2026)

(a) No compensation in advance of court order

The personal representative must neither pay nor receive, and the attorney for the personal representative must not receive, statutory commissions or fees or fees for extraordinary services in advance of an order of the court authorizing their payment.

(b) Surcharge for payment or receipt of advance compensation

In addition to removing the personal representative and imposing any other sanctions authorized by law against the personal representative or the attorney for the personal representative, the court may surcharge the personal representative for payment or receipt of statutory commissions or fees or fees for extraordinary services in advance of an order of the court authorizing their payment. The surcharge may include interest at the legal rate from the date of payment.

Notes and commentary — not rule text

History

Rule 7.700 adopted effective January 1, 2003.

Source of truth

Edition
As posted by the Judicial Council of California (read October 22, 2026)
Official file
https://courts.ca.gov/cms/rules/index/seven/rule7_700
Text hash
sha256 830bab1fdc72d6b536d9a7e5f92fdc39f7d6df91061f7ba951c49e4467be1798
Composed by
compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph

Cited by 1 provision

Provisions in this library whose text cites Cal. Rules of Court, rule 7.700. Each shows the citation as that text prints it.

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.