(a) Except as provided in subdivision (b), in an action prosecuted or defended by a personal representative, trustee of an express trust, guardian, conservator, or a person expressly authorized by statute, costs may be recovered as in an action by or against a person prosecuting or defending in the person's own right.
§ 1026.Action Prosecuted Or Defended By Personal Representative, Trustee, Guardian, Etc.
Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Last amended 1989 · Last verified July 28, 2026
In one sentenceSection 1026 lets costs be recovered normally in an action prosecuted or defended by a personal representative, trustee, guardian, conservator, or other statutorily authorized fiduciary, but makes those costs chargeable to the estate or party represented rather than the fiduciary personally, unless the court finds mismanagement or bad faith.
Full Text of § 1026
(b) Costs allowed under subdivision (a) shall, by the judgment, be made chargeable only upon the estate, fund, or party represented, unless the court directs the costs to be paid by the fiduciary personally for mismanagement or bad faith in the action or defense.
Plain-English Summary
Fiduciaries -- personal representatives, trustees of express trusts, guardians, conservators, and others expressly authorized by statute to sue or defend on someone else's behalf -- don't lose the ordinary cost-recovery rules just because they're acting in a representative capacity. Subdivision (a) lets costs be recovered in these actions the same way they would be in an action by or against someone litigating in their own right.
The real protection for the fiduciary is in subdivision (b). When costs are awarded, the judgment makes them chargeable only against the estate, fund, or party the fiduciary represents, not against the fiduciary's own pocket. That default flips only if the court finds the fiduciary personally mismanaged the action or acted in bad faith in bringing or defending it, in which case the court can direct the fiduciary to pay the costs personally.
Frequently Asked Questions
Who is normally responsible for paying costs awarded against a fiduciary litigant?
The estate, fund, or party the fiduciary represents, not the fiduciary personally, unless the court finds mismanagement or bad faith.
What kinds of fiduciaries does Section 1026 cover?
Personal representatives, trustees of express trusts, guardians, conservators, and any other person expressly authorized by statute to prosecute or defend on another's behalf.
When can a fiduciary be made to pay costs personally?
Only if the court directs it based on mismanagement or bad faith in the action or defense.
Amendment History
Amended by Stats. 1988, Ch. 1199, Sec. 8. Operative July 1, 1989, by Sec. 119 of Ch. 1199.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 1026 trustee guardian costs californiafiduciary personal liability litigation costs california