Legal Definition
The personal representative may:
(a) Commence and maintain actions and proceedings for the benefit of the estate.
(b) Defend actions and proceedings against the decedent, the personal representative, or the estate.
Basic Definition
Section 9820: This probate code empowers the personal representative to initiate or defend legal actions on behalf of the estate, ensuring its interests are protected.
In-Depth Overview and Use Cases
Section 9820 grants personal representatives the authority to litigate or defend lawsuits involving the estate or the decedent. This is vital for resolving disputes, recovering debts owed to the estate, or defending claims against the estate. For instance, the personal representative may file a lawsuit to recover unpaid rent from a decedent’s tenant. Use cases include resolving financial disputes and protecting estate assets.
Application & Relevance
This section ensures probate attorneys and personal representatives can act decisively in estate-related legal matters. It is especially relevant when litigation is necessary to uphold the estate’s interests or defend against baseless claims.
Legal Scenario
Trust Administration Attorney
Probate Code Impact
Section 9820 grants the personal representative or trust administrator the authority to file or defend legal actions on behalf of the estate. In trust administration, this provision allows the attorney to safeguard the trust’s interests in any litigation, such as defending against breach of trust claims.
Legal Scenario
Trust Disputes
Probate Code Impact
A trust administrator can use Section 9820 to initiate actions to resolve disputes between trustees and beneficiaries, ensuring that the estate is properly administered and that trust terms are enforced in case of conflicts or disputes.
