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