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Cal. Prob. Code § 9600

Duties and Liabilities of Personal Representative

Applied in 3 court decisions — leading case 69 Cal. App. 4th 462 - Estate of Bonaccorsi (1999)

Most recently applied in Otay Land Co. v. U.E. Ltd., L.P. (September 2017)

Enacted by Stats. 1990, Ch. 79.

(a) The personal representative has the management and control of the estate and, in managing and controlling the estate, shall use ordinary care and diligence. What constitutes ordinary care and diligence is determined by all the circumstances of the particular estate.

(b) The personal representative:

(1) Shall exercise a power to the extent that ordinary care and diligence require that the power be exercised.

(2) Shall not exercise a power to the extent that ordinary care and diligence require that the power not be exercised.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.