Probate Code, 1990

This section says the code is called the Probate Code.

This section says words in the singular also include the plural, and words in the plural also include the singular.

When a married person or registered domestic partner dies, community property is split half to the surviving spouse and half to the decedent. Spouses may also make a written agreement to divide community property on a non-pro rata or item-by-item basis.

In probate proceedings, a petitioner may start discovery against nonparties under Civil Discovery Act timing rules, with the clock starting when the petition and notice of hearing are served on all entitled parties.

A personal representative may sell estate real or personal property if the chapter’s limits and conditions are met.

If a personal representative refuses or neglects to sell property, an interested person may ask the court to order the sale in specified cases.

If a will gives directions for how estate property must be sold, the personal representative must follow them unless the court orders otherwise.

A personal representative may choose what estate property to sell first, may sell all or part of the estate’s interest in the property, and may sell by public auction or private sale, if the sale is otherwise allowed and subject to specified sections.

A personal representative may treat estate assets as a unit for sale, but a private unit sale must meet a 90% minimum price and any sale involving real property must follow real-property sale rules.

If estate property sells above appraised value, the personal representative must account for the sale proceeds, including the excess. If it sells below appraised value and the sale was lawful, the personal representative is not responsible for the loss.

If estate property is sold as an undivided interest in a cotenancy, the other cotenants may file written consent in the estate proceeding.

The Judicial Council may make rules for practice and procedure under this code, and may prescribe required forms. A court may also make local rules unless the Judicial Council disapproves them.

The superior court or the court on appeal may, in its discretion, order costs to be paid by a party or from estate assets, unless another code provision or Judicial Council rule says otherwise.

The court may appoint a guardian ad litem in a proceeding when needed, and the proposed or appointed guardian ad litem must disclose conflicts of interest and related relationships.

The public guardian may not be appointed as a guardian ad litem unless the court finds, after reasonable notice and inquiry, that no other qualified person is willing to act.

If a proceeding under this code affects title to, or possession of, real property, a notice of pendency may be filed under the referenced civil procedure provisions.

On the death of a married person or registered domestic partner domiciled in this state, quasi-community property is split half to the surviving spouse and half to the decedent. Spouses may also make a written agreement to divide that property in a non-pro rata way.

A personal representative may hire licensed brokers or agents to sell estate property, but court permission is needed for exclusive-right-to-sell contracts and their extensions.

A personal representative may make a written contract with an auctioneer in specified sale situations, and the auctioneer must follow the representative’s instructions.

An estate is not liable to pay an agent, broker, or auctioneer for sale-related fees or compensation unless the sale is actually made, any required court approval is obtained, and the sale is consummated.

The estate is not liable for an agent or broker’s sale-related compensation or expenses in two specified conflict situations.

The court sets a reasonable compensation for an agent or broker’s services in a property sale, and any contract-based compensation cannot be exceeded.

An agent or broker who procures the purchaser for a confirmed sale generally cannot be paid more than one-half of the difference between the original bid and the successful bid, unless an exclusive-right-to-sell contract applies.

The court must allow compensation to the agent or broker who procured the purchaser, but only when the section’s listed conditions are met.

If an agent or broker has an exclusive-right-to-sell contract under Section 10150, the court must allow that agent or broker the compensation determined under Section 10161, subject to Section 10162.6.

If the court confirms a sale, compensation is set under this article; the broker or agent holding the exclusive-sale contract is not paid when the sale is confirmed to the named purchaser.

If specified conditions are met in a probate sale, the court must allow compensation and divide it between the agents or brokers involved.

The court must allow broker compensation under Section 10161 in certain confirmed sales if the listed conditions are met.

This section says who gets paid when a court confirms a sale on an increased bid, and how compensation is split between agents or brokers in certain cases.

When a court confirms a sale on an increased bid, it must calculate broker compensation under Section 10161 on the full confirmed sale amount if the stated conditions are met.

A court may allow only compensation that is proper under this article, even if a bid says part of the bid will be paid to an agent or broker.

An auctioneer’s compensation for a property sale is set by the court as reasonable compensation, unless the auctioneer has a contract with the personal representative, in which case the contract amount is the maximum.

This section says the article does not override cooperating agents’ or brokers’ own agreements about dividing the compensation under the article.

A surviving spouse may require a transferee to return part of certain transferred property to the decedent’s estate if the listed conditions are met.

Certain probate filings must be written, signed, and filed with the court clerk, unless Section 1023 says otherwise.

This section lets a court authorize the sale, redemption, or conversion of certain securities from an estate, and sets out petition, notice, and exception rules.

A personal representative may sell or withdraw certain savings, mutual capital, and credit union accounts without court notice or order if the money received is at least the stated withdrawal value.

A personal representative may sell all or part of an estate’s subscription rights for additional securities, and no notice of sale, prior court order, or later court confirmation is required.

Leasehold interests are generally sold like personal property, unless they fall into listed cases that require treatment like real property.

Estate property made up of a partnership interest, or an interest that belongs to an estate because of a former partnership, may be sold like other personal property.

A chose in action belonging to an estate may be sold like other personal property.

If a decedent’s real-property purchase contract is being sold, the sale must generally be handled like a sale of estate real property, and a bond may be required before court confirmation unless a stated exception applies.

A personal representative may sell certain real property to a grazing or pasture association only with court authorization and subject to listed conditions.

Certain probate filings must be verified by specified people.

An affidavit or verified petition must be received as evidence when offered in an uncontested proceeding under this code.

If a petitioner, objector, or respondent cannot sign or verify because they are absent from the county or otherwise unable, their attorney may do it instead unless the person is a fiduciary appointed in the proceeding.

Estate personal property may be sold only after notice of sale is given, using posting at the county courthouse and/or newspaper publication as chosen by the personal representative, subject to other sections and statutes.

A court or judge may shorten the notice period for a sale of estate personal property to at least five days, if that benefits the estate.

A personal representative may sell personal property with or without notice in specified cases.

A notice of sale under Section 10250 must say whether the sale is private or public and include the required sale details.

A court may, on petition, change where a public auction sale of estate personal property is held or allow the property to be absent; a personal representative may postpone such a sale if specific notice and time-limit conditions are met.

A private sale of personal property must wait until the day named in the sale notice and cannot be made more than one year after that day. Bids or offers must be written and delivered at the designated place or to the named person during the notice period before the sale.

Bids for a sale of personal property must substantially comply with the terms stated in the notice of sale.

Personal property may be sold for cash or on credit; if sold on credit, at least 25% must be paid in cash at the time of sale unless the court orders otherwise under Section 10258.

The court may authorize a personal representative’s sale of estate personal property on credit, and may change the lien/security requirement, if the estate benefits and the property is impractical to sell for more cash upfront.

Title to certain personal property passes on sale without court confirmation or approval, including listed perishable or family-allowance-related sales, and public-auction sales meeting the stated payment and delivery conditions.

Most sales of personal property in an estate must be reported to and confirmed by the court before title passes, unless an exception applies.

This section tells the court how to handle confirmation of a sale of estate property, including when it must review the sale, hear objections, examine a surviving partner, and set an agent’s or broker’s compensation.

The court may accept a qualifying higher bid at the confirmation hearing or order a new sale, and if multiple qualifying offers exist, it must choose the highest one or order a new sale.

If notice of a sale was required, the sale cannot be confirmed until the court is satisfied that notice was properly given, and the confirmation order must show that proof.

Mistakes, omissions, or irregularities in proceedings under this article do not invalidate the proceedings or a sale made under an order under this article.

If spouses die and there is no clear and convincing evidence of who survived whom, the listed property is treated as if each spouse survived as to one-half.

Real property of an estate may be sold only after notice of sale has been published, unless a listed exception applies.

A personal representative may skip newspaper publication of a sale notice and instead post the notice at the county courthouse if the real property is worth $5,000 or less, and the posting must last at least 15 days before the sale or auction date, subject to Section 10302.

A court or judge may shorten the notice period for a real-property sale if that benefits the estate, but the notice must still be handled under the stated publication or posting rules.

A personal representative may sell real property, and may decide whether notice is given, if the will directs the sale or gives authority to sell.

A notice of sale under this article must state whether the sale is private or public, the required sale details for the chosen sale type, and the property description.

Public auction sales of real property must be held in the county where the property is located, between 9 a.m. and 9 p.m., and on the noticed day unless postponed.

A private sale of real property must be scheduled no earlier than the day in the notice of sale and no later than one year after that day. Bids or offers must be in writing and delivered as specified in the notice.

Bids for a real property sale must substantially comply with the terms stated in the notice of sale.

Court confirmation is required before a real property sale closes, unless Section 10503 says otherwise.

A court may not confirm a private sale of real property unless the property was appraised within one year, the appraisal date is within one year of the confirmation hearing, and the offer is at least 90% of appraised value, except as provided in Section 10207.

In a hearing to confirm a real property sale, the court must review why the sale is needed or beneficial, unless the will already authorizes or directs the sale.

When a higher written offer is made at the sale-confirmation hearing, the court must accept it if the section’s conditions are met, but it can reject a qualifying offer in its discretion and order a new sale.

Before a court confirms a sale, if notice of the sale was required, proof must be made to the court that notice was given as required by this article.

The court must confirm a real property sale if the listed requirements are met, and must order a new sale if they are not.

After a probate sale is confirmed, the personal representative must convey the property to the purchaser and record a certified copy of the confirmation order, unless subdivision (b) applies.

When a personal representative sells real property on credit, they must take the buyer’s note and secure it with a mortgage or deed of trust on the property.

Errors, omissions, or irregularities in proceedings under this article do not invalidate the proceedings or a sale made under an order under this article.

If a purchaser fails to comply after court confirmation of a sale, the court may vacate the confirmation, order a resale, and award damages to the estate.

This section lets the court vacate a sale confirmation and confirm the sale to a new high bidder if the buyer defaulted, a qualifying bid was made, and the petition is filed within 60 days.

This section defines key terms used in the article: “amount secured by the lien,” “encumbered property,” and “lien.”

When encumbered property is sold, the purchase money must be applied in a set order, and the lien portion must be paid without delay.

The personal representative or any interested party may petition for an order about administration expenses tied to encumbered property, before the liens on the sold property are paid.

The petitioner must serve notice of the hearing and a copy of the petition at least 30 days before the hearing, and the court may not shorten that notice period.

If encumbered property is sold, sale proceeds may be paid to the court clerk. The clerk must promptly use the money to pay sale expenses and the lien amount, then return any surplus to the personal representative unless the court orders otherwise.

A lienholder may buy property at a sale of property subject to a lien, and in some cases must pay sale expenses to the court clerk.

A personal representative is liable to an interested person for damages caused by the representative’s neglect or misconduct in a sale proceeding.

If a personal representative fraudulently sells estate real property outside this chapter, the person with an inheritable estate in that property may recover double the property’s fair market value as liquidated damages.

An heir or other person claiming under the decedent cannot sue to recover property sold by a personal representative on a void-sale theory unless the action is filed within the later of two three-year periods.

Community property held in a qualifying revocable trust is controlled by the trust’s death-disposition provisions, if the trust has any.

A transfer of community or quasi-community property to a revocable trust is presumed to be an agreement that the assets keep their character in the aggregate for trust division purposes.

This chapter applies to hearings of all matters under this code unless another statute sets a different hearing procedure.

This section says this part is called the Independent Administration of Estates Act and may be cited by that name.

This section defines “court supervision” for this part.

‘Full authority’ means authority to administer an estate under this part with all powers granted under this part.

“Limited authority” means authority to administer an estate with all powers under this part except certain real-property sales and secured borrowing powers.

A personal representative cannot be given authority to administer an estate under this part if the decedent’s will says the estate must not be administered under this part.

A special administrator may be authorized to administer the estate under this part if they have been appointed with, or granted, the powers of a general personal representative.

This section says the part applies to cases where authority to administer an estate is granted under this part or under prior law, and it lets certain personal representatives use old independent-administration authority to borrow money secured by real property.

If a petition, report, account, or other matter requiring a hearing is filed with the court clerk, the clerk must set it for hearing.

A hearing under this code must be held on notice unless the statute providing for the hearing says notice is not required.

An interested person may make a written response or objection before or at the hearing, or an oral response or objection at the hearing. The court must either hear and decide it at the hearing or grant a continuance so it can be made in writing.

In this section, the petitioner or other party affirming is treated as the plaintiff, and the party objecting or responding is treated as the defendant.

The court may continue or postpone any hearing when it considers that doing so is in the interest of justice.

A personal representative must petition the court to get authority to administer the estate under this part.

The petition hearing notice must be given in the required time and manner, and the notice must include a statement about independent administration authority.

The court must grant the requested estate administration authority unless there is a qualifying objection and good cause is shown not to grant it.

If a personal representative must file a bond, the court sets the bond amount, with different limits for full and limited authority and a higher minimum when personal sureties are used.

Any interested person may petition the court to revoke a personal representative’s authority, and the petition must state the basis for the request.

The court must hear and decide issues, consider evidence, and make appropriate orders.

An order in a proceeding under this code generally does not have to state the facts or acts supporting jurisdiction, and only needs to include the matters ordered.

Court orders must be recorded in the minute book or signed and filed; orders for distribution must be entered in a judgment book or other permanent court record.

An order may be enforced under Title 9 of the Code of Civil Procedure.

This section says the part does not apply if the decedent died before January 1, 1985.

This section defines what papers make up the judgment roll in a probate proceeding, depending on the type of case and filings made.

A personal representative with authority under this part may administer the estate without court supervision, subject to this part’s limits and conditions.

A personal representative with authority under this part must get court supervision for certain listed estate transactions, including self-dealing transactions and, if only limited authority is granted, certain real-property and borrowing actions.

A personal representative with authority under this part has the powers listed in later articles, but those powers are subject to this part, Section 9600, and any restriction in the will.

A personal representative may sell estate property under this part, on terms the representative chooses, and the usual court-confirmation requirements for real and personal property sales do not apply.

This section generally prohibits ex parte communications with the court about issues raised in filed pleadings, and requires court disclosure and reporting when certain ex parte communications lead to action or penalties.

A personal representative may exercise the powers in this article only if the Chapter 4 notice-of-proposed-action requirements are satisfied.

A personal representative with full authority may sell or exchange estate real property.

The personal representative may sell or incorporate certain unincorporated businesses or ventures of the decedent.

A personal representative may abandon tangible personal property if the cost of collecting, maintaining, and safeguarding it would be greater than its fair market value.

A personal representative may borrow money and may place, replace, renew, or extend encumbrances on estate property, but borrowing money secured by an encumbrance on real property is allowed only if the personal representative has full authority.

A personal representative with full authority may grant an option to buy estate real property, and the option may extend beyond the administration period.

If a will gives someone an option to buy property and they meet the will’s terms, the personal representative may transfer the property to them.

The personal representative may convey or transfer property to complete a contract made by the decedent.

The personal representative may allow, compromise, or settle certain claims involving real or personal property.

The personal representative has power to make a disclaimer.

A personal representative may make certain preliminary distributions after claims time has expired, if doing so would not harm creditors, the estate, or interested persons.

A personal representative may exercise the powers in this article without giving notice of proposed action, unless the article says otherwise.

The personal representative may manage and control estate property, and usually may do so without notice of proposed action. If a Chapter 3 rule for a specific power requires it, the personal representative must follow Chapter 4 notice requirements.

A personal representative may enter a contract to carry out a granted power, usually without notice of proposed action, but must follow Chapter 4 notice requirements for contracts not fully performed within two years unless the contract can be terminated unconditionally within two years.

A personal representative may deposit and invest estate money in specified accounts and securities, and usually may do so without notice under Chapter 4.

A personal representative may keep running a decedent’s partnership or unincorporated business, and may do so without notice in some cases.

The personal representative may pay a reasonable family allowance, but must follow Chapter 4 notice requirements for the first payment, certain delayed first payments, and any increase.

A personal representative may lease estate property as lessor and usually may do so without notice, but notice requirements apply for certain leases longer than one year and certain personal property leases.

The personal representative may sell or exchange estate personal property, and generally must follow Chapter 4 notice requirements unless a listed exception applies.

A personal representative may grant an exclusive right to sell property for up to 90 days, and may give one or more 90-day extensions to the same broker.

A personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4.

A personal representative has the same powers they could exercise without court supervision under this code, in addition to powers granted elsewhere in the chapter.

The personal representative has power to allow, pay, reject, or contest claims, settle claims and proceedings, release uncollectible estate claims, and allow late filing of a claim.

A personal representative may start, continue, and defend court actions and proceedings for the estate.

The personal representative may extend, renew, or otherwise modify an obligation owed to or by the decedent or the estate.

A personal representative may convey or transfer property to carry out a specific power granted by this part.

The personal representative may pay taxes, assessments, and estate administration expenses.

A personal representative may buy an annuity from an insurer admitted to do business in this state to carry out a will’s annuity devise or other direction for periodic payments to a devisee.

The personal representative may exercise an option right that belongs to the estate.

The personal representative may buy securities or commodities to complete an unfinished sale contract in the specified decedent-estate situation.

The personal representative may hold a security in a nominee name or another form without disclosing the estate.

A personal representative may exercise security subscription or conversion rights.

A personal representative has power to make repairs and improvements to the estate’s real and personal property.

A personal representative may accept a deed to mortgaged property or property under a deed of trust instead of foreclosure or sale.

The personal representative may partially satisfy a mortgage or arrange a partial reconveyance for a deed of trust held by the estate.

A personal representative with authority under this part must give prior notice of a proposed action when Chapter 3 requires that notice before the action is taken without court supervision.

Notice of a proposed action must be given to specified interested persons, unless Sections 10582 or 10583 apply.

Notice of a proposed action does not have to be given to a person who gives written consent.

Notice of a proposed action does not have to be given if the person entitled to notice waives that right in writing, including by using the prescribed statutory waiver form.

A waiver or consent can be revoked only in writing, and the revocation works only when the writing is received by the personal representative.

This section says a notice of proposed action must include specified information, and it may be given on the current Judicial Council form.

A notice of proposed action must be delivered at least 15 days before the stated date of the proposed action, and if it is mailed, it must be addressed to the person’s last known address.

A person entitled to notice of proposed action may object, but must do so by delivering a written objection to the personal representative; the objection may use a Judicial Council form or another writing that clearly identifies the proposed action and says the person objects.

Certain people may ask the court to stop a personal representative from taking a proposed action without court supervision, and the court must grant that order.

If there is a written objection or restraining order, the personal representative must use court-supervised procedures for certain proposed actions, or ask the court for instructions, and may act only under a court order.

This section limits who can ask the court to review or object to a proposed action after it has already been taken, and it sets conditions for when the court may still review it.

A person dealing with a personal representative does not have to check whether the representative followed the listed notice provisions.

A court may remove a personal representative from office if required notice of proposed action was not given, waived, or consented to, or if the representative takes a proposed action in violation of Section 10589.

This chapter sets the rules for accounts filed with the court and says only the information required by this chapter needs to be included, unless another code provision specifically requires more or good cause is shown.

This chapter becomes operative on and after July 1, 1997.

Accounts must state the period covered and include a summary of specified account items, using a prescribed format with inapplicable items omitted.

A summary must be supported by detailed schedules listing specified account items.

Some accounts must include additional schedules, and a guardian or conservator with knowledge of foreign real property must list it and describe steps taken to protect it.

A petition to approve an account, or a report with the petition, must include listed disclosures about transactions, unusual items, compensation, family/affiliate relationships, and the handling of cash.

The personal representative is entitled to compensation for ordinary services, calculated from the estate value in tiered percentages, with a court-set reasonable amount for value above $25 million.

The court may approve extra compensation for a personal representative’s extraordinary services, and the personal representative may hire tax professionals and pay them from estate funds.

If a will sets the personal representative’s compensation, that payment is generally the only compensation allowed. The personal representative may ask the court to be relieved from that will provision, and the court may authorize more compensation if it benefits the estate and is in the best interests of interested persons.

An agreement to pay a personal representative more compensation than this part allows is void.

An attorney who serves as personal representative may receive the personal representative’s compensation, but not extra pay for acting as the attorney unless the court approves that compensation in advance and finds it benefits the estate.

If there are two or more personal representatives, the court must apportion their compensation among them.

The attorney for the personal representative is entitled to compensation for ordinary services, calculated by tiers based on the estate value, with a court-set reasonable amount for amounts above $25 million.

A court may grant extra pay for extraordinary services by the personal representative’s attorney, and the attorney may use a contingent-fee agreement only if required conditions are met.

If a will sets the attorney’s compensation, that amount is generally the only compensation unless the court grants relief or authorizes more.

An agreement for higher attorney compensation than this part allows is void.

If the personal representative has two or more attorneys, the court must apportion their compensation among them.

The personal representative may ask the court to allow compensation after four months from issuance of letters, and the court may approve part of the compensation and let it be charged against the estate.

The personal representative, or the attorney for the personal representative, may ask the court to set compensation, and the court must rule on the request at the hearing.

The court may allow compensation for extraordinary services to the personal representative or the attorney before final distribution.

This part does not apply to estate administration proceedings started before July 1, 1991, and the prior law continues to govern those proceedings.

An account must include a financial statement and a report of administration.

A personal representative must produce specified account-supporting documents for inspection and audit when a court orders it or when an interested person properly requests them.

A personal representative may use an existing accounting by reference and may rely on it, and does not have to independently investigate or verify the reported transactions.

The court may order an account, and must do so in certain late-filed petition cases. If the court orders an account, it must set the deadline for the personal representative to file it.

The personal representative must file a final account and ask for an order for final distribution when the estate can be closed.

A personal representative who resigns, is removed, or otherwise loses authority must file an account within 60 days, unless the court extends the time.

A legal representative must file an estate account within 60 days after appointment unless the court extends the time.

The personal representative generally does not have to file an account if every beneficiary has signed a waiver or acknowledgment, or if the beneficiary’s interest has been fully provided for. In some cases, the personal representative must still file a final report, and an unpaid creditor may petition for an account.

If part of the code is invalid, the rest still applies if it can work without the invalid part.

The personal representative must give notice of the hearing to specified persons.