California Probate Code 10535 – (a) The personal representative has the power to pay a …
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(a) The personal representative has the power to pay a reasonable family allowance. Except as provided in subdivision (b), the personal representative may exercise this power without giving notice of proposed action under Chapter 4 (commencing with Section 10580).
(b) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) for all of the following:
Terms Used In California Probate Code 10535
- Decedent: A deceased person.
- Family allowance: means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6. See California Probate Code 38
- Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
(1) Making the first payment of a family allowance.
(2) Making the first payment of a family allowance for a period commencing more than 12 months after the death of the decedent.
(3) Making any increase in the amount of the payment of a family allowance.
(Enacted by Stats. 1990, Ch. 79.)