Cal. Codes » Probate Code / DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS / PART 5. ESTATE MANAGEMENT / CHAPTER 8. Actions and Proceedings by or Against Personal Representative
California Codes

Cal. Probate Code § 9820 (2026)

Actions and Proceedings by or Against Personal Representative

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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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.

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 2008–2023 · leading case: Smith v. Cimmet, 199 Cal. App. 4th 1381 (Cal. Ct. App. 2011).
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Smith v. Cimmet, 199 Cal. App. 4th 1381 (Cal. Ct. App. 2011). · cites it 3× “” (Prob. Code, § 9820, subd. (a).) The capacity of a personal representative, however, is limited.”
Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore, 162 Cal. App. 4th 1331 (Cal. Ct. App. 2008). “” (Prob. Code, § 9820, subd. (b), italics *1340 added.”
Kelly v. Orr, 243 Cal. App. 4th 940 (Cal. Ct. App. 2016). “” (Prob. Code, § 9820, subd. (a).) Applying that policy interest here leads us to conclude that as successor trustee, Kelly assumed Rebecca’s rights to avail of the continuous representation tolling provision under section 340.”
Sutton v. Vanderveen, No. D068781 (Cal. Ct. App. Sept. 28, 2016). “(Prob. Code, § 9820, Editor's Notes, 1990 Enactment.”
Knapp v. Ginsberg, 67 Cal. App. 5th 504 (Cal. Ct. App. 2021). “” (Prob. Code, § 9820, subd. (b).) Even if we assume Ginsberg is correct with respect to the probate petitioners, he acknowledges that Mark, as executor of Tinker’s estate, “could challenge the validity of the Agreement.”
Sandra E. Sander, No. 22472-16 (Tax Ct. Oct. 6, 2022). “§ 8420, but does not have power to administer the estate until such appointment is made, id. § 8400(a).”
Est. of Jones, No. B319459 (Cal. Ct. App. June 26, 2023). “(See Prob. Code, § 9820;3 Code Civ. Proc., § 369, subd.”
Su v. Su, 672 F. Supp. 3d 573 (N.D. Ill. 2023). “at 12 (in addition, California law prevented A-Yung’s estate from bringing actions on behalf of individual heirs like Yung-Ting pursuant to Cal. Prob. Code § 9820 (2021)); see Koch v.”
Webster v. LegalZoom, No. B240129 (Cal. Ct. App. Oct. 1, 2014). “Code, § 58 [“personal representative” includes executor and administrator]; Prob. Code, § 9820 [personal representative may sue for the benefit of the estate].”
Pippins v. Est. of Christine Young, No. A142022 (Cal. Ct. App. Oct. 19, 2015). “” (Prob. Code, § 9820.) An heir’s interest in the estate’s property is represented by the personal representative.”
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