(a) The court may reduce the compensation of the personal representative or the attorney for the personal representative by an amount the court determines to be appropriate if the court makes all of the following determinations:
(1) The time taken for administration of the estate exceeds the time required by this chapter or prescribed by the court.
(2) The time taken was within the control of the personal representative or attorney whose compensation is being reduced.
(3) The delay was not in the best interest of the estate or interested persons.
(b) An order under this section reducing compensation may be made regardless of whether the compensation otherwise allowable under Part 7 (commencing with Section 10800) would be reasonable compensation for the services rendered by the personal representative or attorney.
(c) An order under this section may be made at any of the following hearings:
(1) The hearing for final distribution.
(2) The hearing for an allowance on the compensation of the personal representative or attorney.
(d) In making a determination under this section, the court shall take into account any action taken under Section 12202 as a result of a previous delay.
(Amended by Stats. 1990, Ch. 710, Sec. 42. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
Last modified: October 25, 2018