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Court Rules

California Rules of Court

Rule 7.706. Compensation when personal representative is an attorney

Cal. Rules of Court, rule 7.706

Current text effective January 1, 2003.

#(a) Personal representative's compensation only

Notwithstanding the provisions of the decedent's will, a personal representative who is an attorney may receive the personal representative's compensation but may not receive compensation for legal services as the attorney for the personal representative unless the court approves the right to compensation for legal services in advance and finds the arrangement is to the advantage, benefit, and best interest of the decedent's estate.

#(b) Agreement not to participate in compensation

A law firm of which the personal representative is a partner or shareholder may request compensation for legal services in addition to the personal representative's compensation if a written agreement not to participate in each other's compensation, signed by the personal representative and by authorized representatives of the law firm, has been filed in the estate proceeding.

#History

Rule 7.706 adopted effective January 1, 2003.

What this rule requires

Document Filing Requirements

  • A law firm may request legal-services compensation in addition to the personal representative’s compensation only if the required signed agreement has been filed in the estate proceeding.

    The rule's wording

    A law firm of which the personal representative is a partner or shareholder may request compensation for legal services in addition to the personal representative's compensation if a written agreement not to participate in each other's compensation, signed by the personal representative and by authorized representatives of the law firm, has been filed in the estate proceeding.

Official text: courts.ca.gov , checked October 19, 2026.