Section 10812 Of Article 2. Compensation Of Attorney For The Personal Representative From California Probate Code >> Division 7. >> Part 7. >> Chapter 1. >> Article 2.
10812
. (a) Except as otherwise provided in this section, if the
decedent's will makes provision for the compensation of the attorney
for the personal representative, the compensation provided by the
will shall be the full and only compensation for the services of the
attorney for the personal representative.
(b) The personal representative or the attorney for the personal
representative may petition the court to be relieved from a provision
of the will that provides for the compensation of the attorney for
the personal representative.
(c) Notice of the hearing on the petition shall be given as
provided in Section 1220 to all of the following persons:
(1) Each person listed in Section 1220.
(2) Each known heir whose interest in the estate would be affected
by the petition.
(3) Each known devisee whose interest in the estate would be
affected by the petition.
(4) The Attorney General, at the office of the Attorney General in
Sacramento, if any portion of the estate is to escheat to the state
and its interest in the estate would be affected by the petition.
(5) If the court determines that it is to the advantage of the
estate and in the best interest of the persons interested in the
estate, the court may make an order authorizing compensation of the
attorney for the personal representative in an amount greater than
provided in the will.