Probate Code — Part 1 | PROB — United States — California law | Esheria

Probate Code

Part 1 of 14 · provisions 1–200

This section says the code is called the Probate Code.

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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.

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Provisions of Probate Code

Showing 200 of 2,672

  1. 1.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. )

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    This section says the code is called the Probate Code.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 1. This code shall be known as the Probate Code. (Enacted by Stats. 1990, Ch. 79.)
  2. 10.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 10. The singular number includes the plural, and the plural, the singular. (Enacted by Stats. 1990, Ch. 79.)
  3. 100.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105] ( Part 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 100. (a) Upon the death of a person who is married or in a registered domestic partnership, one-half of the community property belongs to the surviving spouse and the other one-half belongs to the decedent. (b) Notwithstanding subdivision (a), spouses may agree in writing to divide their community property on the basis of a non pro rata division of the aggregate value of the community property or on the basis of a division of each individual item or asset of community property, or partly on each basis. Nothing in this subdivision shall be construed to require this written agreement in order to permit or recognize a non pro rata division of community property. (Amended by Stats. 2016, Ch. 50, Sec. 79. (SB 1005) Effective January 1, 2017.)
  4. 1000.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Rules of Practice [1000 - 1004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Rules of Practice [1000 - 1004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1000. (a) Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and proceedings under Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice in, proceedings under this code. All issues of fact joined in probate proceedings shall be tried in conformity with the rules of practice in civil actions. (b) For purposes of determining when a petitioner in a proceeding under this code may commence discovery as to nonparties, the time periods set forth in the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply, except that the time periods shall commence to run upon service of the petition and notice of hearing upon all parties entitled to notice. Nothing in this subdivision shall either alter when a respondent in such a proceeding may commence discovery or increase the extent to which nonparties may be subject to discovery. (Amended by Stats. 2017, Ch. 32, Sec. 3. (AB 308) Effective January 1, 2018.)
  5. 10000.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10000 - 10006] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10000 - 10006] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 10000. Subject to the limitations, conditions, and requirements of this chapter, the personal representative may sell real or personal property of the estate in any of the following cases: (a) Where the sale is necessary to pay debts, devises, family allowance, expenses of administration, or taxes. (b) Where the sale is to the advantage of the estate and in the best interest of the interested persons. (c) Where the property is directed by the will to be sold. (d) Where authority is given in the will to sell the property. (Enacted by Stats. 1990, Ch. 79.)
  6. 10001.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10000 - 10006] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10000 - 10006] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 10001. (a) If the personal representative neglects or refuses to sell the property, any interested person may petition the court for an order requiring the personal representative to sell real or personal property of the estate in any of the following cases: (1) Where the sale is necessary to pay debts, devises, family allowance, expenses of administration, or taxes. (2) Where the sale is to the advantage of the estate and in the best interest of the interested persons. (3) Where the property is directed by the will to be sold. (b) Notice of the hearing on the petition shall be given as provided in Section 1220. (c) Notice of the hearing on the petition also shall be given to the personal representative by citation served at least five days before the hearing. (Enacted by Stats. 1990, Ch. 79.)
  7. 10002.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10000 - 10006] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10000 - 10006] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 10002. (a) Subject to subdivision (b), if directions are given in the will as to the mode of selling or the particular property to be sold, the personal representative shall comply with those directions. (b) If the court determines that it would be to the advantage of the estate and in the best interest of the interested persons, the court may make an order relieving the personal representative of the duty to comply with the directions in the will. The order shall specify the mode and the terms and conditions of selling or the particular property to be sold, or both. The personal representative or any interested person may file a petition for an order under this subdivision. Notice of the hearing on the petition shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  8. 10003.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10000 - 10006] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10000 - 10006] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 10003. Subject to Part 4 (commencing with Section 21400) of Division 11 and to Sections 10001 and 10002, if estate property is required or permitted to be sold, the personal representative may: (a) Use discretion as to which property to sell first. (b) Sell the entire interest of the estate in the property or any lesser interest therein. (c) Sell the property either at public auction or private sale. (Enacted by Stats. 1990, Ch. 79.)
  9. 10004.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10000 - 10006] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10000 - 10006] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 10004. (a) Where the personal representative determines in his or her discretion that, by use or relationship, any assets of the estate, whether real or personal, constitute a unit for purposes of sale, the personal representative may cause the property to be appraised as a unit. (b) Whether or not the property is appraised as a unit, the personal representative may sell all the assets described in subdivision (a) as a unit and under one bid if the court finds the sale of the assets as a unit to be to the advantage of the estate. (c) No private sale of the assets as a unit may be made for less than 90 percent of the sum of the appraised values of the personal property and the sum of the appraised values of the real property, appraised separately, or for less than 90 percent of the appraised value if appraised as a unit. (d) If the assets to be sold as a unit include any real property, the sale shall be made in the manner provided for the sale of real property, and the bid and sale are subject to the limitations and restrictions established for the sale of real property. If the assets to be sold as a unit are entirely personal property, the property shall be sold in the manner provided for the sale of personal property. (Enacted by Stats. 1990, Ch. 79.)
  10. 10005.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10000 - 10006] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10000 - 10006] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 10005. (a) If any property in the estate is sold for more than the appraised value, the personal representative shall account for the proceeds of sale, including the excess over the appraised value. (b) If any property in the estate is sold for less than the appraised value and the sale has been made in accordance with law, the personal representative is not responsible for the loss. (Enacted by Stats. 1990, Ch. 79.)
  11. 10006.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10000 - 10006] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10000 - 10006] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 10006. If property in the estate is to be sold as an undivided interest in a cotenancy, the other cotenants may file in the estate proceeding written consent to have their interests sold pursuant to this chapter. Thereafter, the court’s orders made pursuant to this chapter are as binding on the consenting cotenants as on the personal representative. (Enacted by Stats. 1990, Ch. 79.)
  12. 1001.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Rules of Practice [1000 - 1004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Rules of Practice [1000 - 1004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1001. (a) The Judicial Council may provide by rule for the practice and procedure under this code. Unless disapproved by the Judicial Council, a court may provide by local rule for the practice and procedure under this code. Judicial Council and local court rules shall be consistent with the applicable statutes. (b) The Judicial Council may prescribe the form of the applications, notices, orders, and other documents required by this code. Any form prescribed by the Judicial Council is deemed to comply with this code. (Enacted by Stats. 1990, Ch. 79.)
  13. 1002.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Rules of Practice [1000 - 1004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Rules of Practice [1000 - 1004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1002. Unless it is otherwise provided by this code or by rules adopted by the Judicial Council, either the superior court or the court on appeal may, in its discretion, order costs to be paid by any party to the proceedings, or out of the assets of the estate, as justice may require. (Enacted by Stats. 1990, Ch. 79.)
  14. 1003.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Rules of Practice [1000 - 1004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Rules of Practice [1000 - 1004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1003. (a) The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate: (1) A minor. (2) A person who lacks legal capacity to make decisions. (3) An unborn beneficiary. (4) An unascertained person. (5) A person whose identity or address is unknown. (6) A designated class of persons who are not ascertained or are not in being. (b) If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. (c) The reasonable expenses of the guardian ad litem, including compensation and attorney’s fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from any other source as the court orders. (d) Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding: (1) Any known actual or potential conflicts of interest that would or might arise from the appointment. (2) Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties. (e) If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court. (Amended by Stats. 2023, Ch. 260, Sec. 20. (SB 345) Effective January 1, 2024.)
  15. 1003.5.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Rules of Practice [1000 - 1004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Rules of Practice [1000 - 1004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1003.5. The public guardian shall not be appointed as a guardian ad litem pursuant to Section 1003 unless the court, after reasonable notice and inquiry, finds that no other qualified person is willing to act as a guardian ad litem. (Added by Stats. 1994, Ch. 472, Sec. 1. Effective January 1, 1995.)
  16. 1004.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Rules of Practice [1000 - 1004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Rules of Practice [1000 - 1004] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 1004. If a proceeding under this code affects the title to or the right of possession of real property, notice of the pendency of the proceeding may be filed pursuant to Title 4.5 (commencing with Section 405) of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2003, Ch. 32, Sec. 1. Effective January 1, 2004.)
  17. 101.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105] ( Part 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 101. (a) Upon the death of a person who is married or in a registered domestic partnership, and is domiciled in this state, one-half of the decedent’s quasi-community property belongs to the surviving spouse and the other one-half belongs to the decedent. (b) Notwithstanding subdivision (a), spouses may agree in writing to divide their quasi-community property on the basis of a non pro rata division of the aggregate value of the quasi-community property, or on the basis of a division of each individual item or asset of quasi-community property, or partly on each basis. Nothing in this subdivision shall be construed to require this written agreement in order to permit or recognize a non pro rata division of quasi-community property. (Amended by Stats. 2016, Ch. 50, Sec. 80. (SB 1005) Effective January 1, 2017.)
  18. 10150.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Contract With Agent, Broker, or Auctioneer [10150 - 10151] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Contract With Agent, Broker, or Auctioneer [10150 - 10151] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 10150. (a) The personal representative may enter into a written contract with either or both of the following: (1) A licensed real estate broker to secure a purchaser for any real property of the estate. The broker may associate other licensed real estate brokers for this purpose, including use of a multiple listing service as defined in Section 1087 of the Civil Code. (2) One or more agents or brokers to secure a purchaser for any personal property of the estate. If the particular property to be sold or the particular manner of sale requires that the agent or broker be licensed, the contract may be made only with an agent or broker that is so licensed. (b) The contract may provide for payment of a fee, commission, or other compensation out of the proceeds of sale, but the contract is binding and valid as against the estate only for such amount as the court allows pursuant to Article 3 (commencing with Section 10160). No liability of any kind is incurred by the estate under the contract or a sale unless the sale is confirmed by the court, except for the obligations of the estate to the purchaser of personal property as to which title passes pursuant to Section 10259 without court confirmation or approval. The personal representative is not personally liable on the contract by reason of execution of the contract. (c) The contract may grant an exclusive right to sell property for a period not in excess of 90 days if, prior to execution of the contract granting an exclusive right to sell, the personal representative obtains permission of the court to enter into the contract upon a showing of necessity and advantage to the estate. The court may grant the permission when the personal representative is appointed or at any subsequent time upon ex parte application. The personal representative may execute one or more extensions of the contract granting an exclusive right to sell property, each extension being for a period not to exceed 90 days, if for each extension the personal representative obtains permission of the court upon ex parte application to extend the contract upon a showing of necessity and advantage to the estate of the extension. (Enacted by Stats. 1990, Ch. 79.)
  19. 10151.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Contract With Agent, Broker, or Auctioneer [10150 - 10151] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Contract With Agent, Broker, or Auctioneer [10150 - 10151] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 10151. (a) The personal representative may enter into a written contract with any of the following: (1) Where the public auction sale will be held in this state, an auctioneer who is qualified to conduct business under Title 2.95 (commencing with Section 1812.600) of Part 4 of Division 3 of the Civil Code. (2) Where the public auction sale will be held outside this state pursuant to an order made under Section 10254, an auctioneer who is legally permitted in the jurisdiction where the sale will be held to conduct a public auction sale and to secure purchasers by that method for the personal property authorized to be sold by public auction sale in that jurisdiction under the court order. (b) The contract shall be one that is legally enforceable under the law of the jurisdiction where made. (c) The contract may provide for payment to the auctioneer of a fee, commission, or other compensation out of the proceeds of sale and for reimbursement of expenses, but the contract is binding and valid as against the estate only for such amounts as the court allows pursuant to Section 10167. No liability of any kind is incurred by the estate under the contract or a sale unless the sale is approved by the court, except for the obligations of the estate to the purchaser of personal property as to which title passes pursuant to Section 10259 without court confirmation or approval. The personal representative is not personally liable on the contract by reason of execution of the contract. (d) The contract may provide that personal property of two or more estates being administered by the same personal representative may be sold at the same public auction sale. Items of personal property may be sold separately or in a lot with other items from the same estate. A sale pursuant to the contract shall be with reserve. The auctioneer shall comply with the instructions of the personal representative with respect to withdrawal of items, risk of loss, place of delivery, warranties, and other matters. (Amended by Stats. 2003, Ch. 32, Sec. 10. Effective January 1, 2004.)
  20. 10160.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10160. The estate is not liable to an agent, broker, or auctioneer under a contract for the sale of property or for any fee, commission, or other compensation or expenses in connection with a sale of property unless the following requirements are satisfied: (a) An actual sale is made. (b) If court confirmation or approval is required, the sale is confirmed or approved by the court as required. (c) The sale is consummated. (Enacted by Stats. 1990, Ch. 79.)
  21. 10160.5.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10160.5. The estate is not liable to an agent or broker under a contract for the sale of property or for any fee, commission, or other compensation or expenses in connection with sale of the property in either of the following cases: (a) Where the agent or broker, directly or indirectly, is the purchaser of the property. (b) Where the agent or broker representing the purchaser to whom the sale is confirmed has any interest in the purchaser. (Enacted by Stats. 1990, Ch. 79.)
  22. 10161.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10161. (a) Subject to the provisions of this article, whether or not the agent or broker has a contract with the personal representative, the fee, commission, or other compensation of an agent or broker in connection with a sale of property shall be the amount the court, in its discretion, determines to be a reasonable compensation for the services of the agent or broker to the estate. (b) Unless the agent or broker holds a contract granting an exclusive right to sell the property, an agent or broker is not entitled to any fee, commission, or other compensation for services to the estate in connection with a sale except in the following cases: (1) Where the agent or broker produces the original bid which is returned to the court for confirmation. (2) Where the property is sold on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser procured by the agent or broker. (c) If the agent or broker has a contract with the personal representative, the amount of the compensation of the agent or broker in connection with the sale of property shall not exceed the amount provided for in the contract. (Enacted by Stats. 1990, Ch. 79.)
  23. 10162.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10162. (a) Subject to subdivision (b), where the bid returned to the court for confirmation is made by a person who is not represented by an agent or broker and the successful bidder is represented by an agent or broker, the compensation of the agent or broker who procured the purchaser to whom the sale is confirmed shall not exceed one-half of the difference between the amount of the bid in the original return and the amount of the successful bid. (b) This section does not limit the compensation of the agent or broker who holds a contract under Section 10150 granting him or her the exclusive right to sell the property. (Enacted by Stats. 1990, Ch. 79.)
  24. 10162.3.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10162.3. (a) This section applies if all of the following circumstances exist: (1) There is no agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property. (2) The bid returned to court for confirmation is made by a purchaser represented by an agent or broker. (3) The court confirms the sale to that purchaser either on the bid returned to court for confirmation or on an increased bid made at the time of the hearing on the petition for confirmation. (b) If all the circumstances described in subdivision (a) exist, the court shall allow the agent or broker who procured the purchaser to whom the sale is confirmed the compensation determined under Section 10161 on the full amount for which the sale is confirmed. (Enacted by Stats. 1990, Ch. 79.)
  25. 10162.5.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10162.5. Subject to Section 10162.6, where an agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property, the court shall allow to the agent or broker holding the contract the compensation determined under Section 10161 on: (a) The full amount for which the sale is confirmed in either of the following circumstances: (1) The bid returned to the court for confirmation is made by a purchaser who is not represented by an agent or broker and the court confirms the sale to that purchaser on that bid. (2) The bid returned to the court for confirmation is made by a purchaser who is represented by the agent or broker holding the contract and the court confirms the sale to that purchaser on an increased bid made at the time of the hearing on the petition for confirmation. (b) The amount of the original bid if both of the following circumstances exist: (1) The bid returned to court for confirmation is made by a purchaser who is not represented by an agent or broker or who is represented by the agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property. (2) The court confirms the sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser who was not procured by a bona fide agent or broker. (Enacted by Stats. 1990, Ch. 79.)
  26. 10162.6.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10162.6. (a) This section applies if both of the following circumstances exist: (1) An agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property. (2) The contract provides that no compensation is payable to the agent or broker holding the contract if sale is confirmed to a particular purchaser named in the contract. (b) If the court confirms the sale to the purchaser named in the contract, whether on an original bid returned to the court or on an increased bid made at the time of the hearing on the petition for confirmation, the compensation of any agents or brokers involved in the sale is determined as provided in this article, except that no compensation is payable to the agent or broker holding the contract. (c) If the court confirms the sale to a purchaser other than the person named in the contract, whether on an original bid returned to the court or on an increased bid made at the time of the hearing on the petition for confirmation, the compensation of the agent or broker holding the contract, and of any other agents or brokers involved in the sale, is determined under this article as if the limitation in the contract did not exist. (Enacted by Stats. 1990, Ch. 79.)
  27. 10162.7.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10162.7. (a) Subject to Section 10162.6, this section applies if all of the following circumstances exist: (1) There is an agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property. (2) The bid returned to court for confirmation is made by a purchaser procured by another agent or broker. (3) The court confirms the sale to that purchaser either on the bid returned to court for confirmation or on an increased bid made at the time of the hearing on the petition for confirmation. (b) If all the circumstances described in subdivision (a) exist, the court shall allow the compensation determined under Section 10161 on the full amount for which the sale is confirmed. The compensation allowed by the court shall be divided between the agent or broker holding the contract and the other agent or broker as is provided in any agreement between the agent or broker holding the contract and the other agent or broker. If there is no agreement, the compensation on the amount of the original bid returned to the court shall be divided equally between the agent or broker holding the contract and the other agent or broker and, if the sale is confirmed on an increased bid, the other agent or broker shall be paid all of the compensation on the difference between the original bid and the amount for which the sale is confirmed. (Enacted by Stats. 1990, Ch. 79.)
  28. 10163.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10163. Subject to Sections 10162 and 10162.6, where the original bid returned to the court for confirmation was made by a purchaser who was not procured by an agent or broker, the court shall allow the compensation determined under Section 10161 on the full amount for which the sale is confirmed to the agent or broker who procured the purchaser to whom the sale is confirmed if either of the following conditions is satisfied: (a) The court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser procured by an agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property. (b) There is no agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property and the court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser procured by a bona fide agent or broker. (Enacted by Stats. 1990, Ch. 79.)
  29. 10164.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10164. (a) This section applies only where the court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser who was not procured by a bona fide agent or broker. (b) Except as provided in subdivision (c), the court shall allow the compensation determined under Section 10161 on the amount of the original bid to the agent or broker whose original bid was returned to the court. (c) If an agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property and the original bid returned to the court is made by a purchaser who was procured by another agent or broker, the compensation determined under Section 10161 on the amount of the original bid shall be divided between the agent or broker holding the contract and the other agent or broker as is provided in any agreement between the agent or broker holding the contract and the other agent or broker. If there is no agreement, the compensation shall be divided equally between the agent or broker holding the contract and the other agent or broker. (Enacted by Stats. 1990, Ch. 79.)
  30. 10165.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10165. (a) Subject to Section 10162.6, where the court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser procured by a bona fide agent or broker, the court shall allow the compensation determined under Section 10161 on the full amount for which the sale is confirmed, as provided in this section, if either of the following conditions is satisfied: (1) The original bid returned to the court for confirmation was made by a purchaser who was procured by another agent or broker. (2) The original bid returned to the court for confirmation was made by a purchaser who was not represented by an agent or broker, and another agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property. (b) The agent or broker who procured the purchaser to whom the sale is confirmed shall be paid one-half of the compensation on the amount of the original bid and all of the compensation on the difference between the original bid and the amount for which the sale is confirmed. (c) The other one-half of the compensation on the amount of the original bid shall be paid as follows: (1) If the original bid returned to the court is made by a purchaser who was procured by the agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property, the entire one-half of the compensation on the original bid shall be paid to that agent or broker. (2) If the original bid returned to the court is made by a purchaser who was procured by a bona fide agent or broker and there is no agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property, the entire one-half of the compensation on the original bid shall be paid to that agent or broker. (3) If there is an agent or broker who holds a contract under Section 10150 granting the exclusive right to sell the property and the original bid returned to the court is made by a purchaser who was procured by another agent or broker, the one-half of the compensation on the amount of the original bid shall be divided between the agent or broker holding the contract granting the exclusive right to sell the property and the other agent or broker whose original bid was returned to the court for confirmation as is provided in any agreement between the agent or broker holding the contract and the other agent or broker. If there is no agreement, the one-half of the compensation on the amount of the original bid shall be divided equally between the agent or broker holding the contract and the other agent or broker whose original bid was returned to the court for confirmation. (4) If there is an agent or broker who holds a contract under Section 10150 granting the exclusive right to sell the property and the original bid returned to the court is made by a purchaser who is not represented by an agent or broker and the court confirms the sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser procured by another agent or broker, the entire one-half of the compensation on the original bid shall be paid to the agent or broker holding the contract. (5) If the agent or broker compensated under subdivision (b) holds a contract under Section 10150 granting the exclusive right to sell the property, the entire one-half of the compensation on the original bid shall be paid to the other agent or broker who procured the original bid returned to the court. (Enacted by Stats. 1990, Ch. 79.)
  31. 10166.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10166. Notwithstanding that a bid contains a condition that a certain amount of the bid shall be paid to an agent or broker by the personal representative, only such compensation as is proper under this article shall be allowed. Acceptance of the bid by the court binds the bidder even though the compensation allowed by the court is less than that specified by the condition. (Enacted by Stats. 1990, Ch. 79.)
  32. 10167.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10167. (a) Subject to subdivision (b), whether or not the auctioneer has a contract with the personal representative, the fees, compensation, and expenses of an auctioneer in connection with a sale of property shall be the amount the court, in its discretion, determines to be a reasonable compensation for the services of the auctioneer to the estate. (b) If the auctioneer has a contract with the personal representative, the amount of the compensation of the auctioneer in connection with the sale of property shall not exceed the amount provided for in the contract. (Enacted by Stats. 1990, Ch. 79.)
  33. 10168.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Compensation of Agent, Broker, or Auctioneer [10160 - 10168] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10168. This article does not supersede any agreement cooperating agents or brokers may have among themselves to divide the compensation payable under this article. (Added by Stats. 1990, Ch. 710, Sec. 26. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  34. 102.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105] ( Part 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 102. (a) The decedent’s surviving spouse may require the transferee of property in which the surviving spouse had an expectancy under Section 101 at the time of the transfer to restore to the decedent’s estate one-half of the property if the transferee retains the property or, if not, one-half of its proceeds or, if none, one-half of its value at the time of transfer, if all of the following requirements are satisfied: (1) The decedent died domiciled in this state. (2) The decedent made a transfer of the property to a person other than the surviving spouse without receiving in exchange a consideration of substantial value and without the written consent or joinder of the surviving spouse. (3) The transfer is any of the following types: (A) A transfer under which the decedent retained at the time of death the possession or enjoyment of, or the right to income from, the property. (B) A transfer to the extent that the decedent retained at the time of death a power, either alone or in conjunction with any other person, to revoke or to consume, invade, or dispose of the principal for the decedent’s own benefit. (C) A transfer whereby property is held at the time of the decedent’s death by the decedent and another with right of survivorship. (b) Nothing in this section requires a transferee to restore to the decedent’s estate any life insurance, accident insurance, joint annuity, or pension payable to a person other than the surviving spouse. (c) All property restored to the decedent’s estate under this section belongs to the surviving spouse pursuant to Section 101 as though the transfer had not been made. (Enacted by Stats. 1990, Ch. 79.)
  35. 1020.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Petitions and Other Papers [1020 - 1023] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Petitions and Other Papers [1020 - 1023] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1020. Except as provided in Section 1023, a petition, objection, response, report, or account filed pursuant to this code shall be in writing, signed by all of the petitioners, objectors, or respondents or by all of the persons making the report or account, and filed with the court clerk. Verification of a document shall constitute signature of that document, unless expressly provided to the contrary. (Amended by Stats. 1992, Ch. 871, Sec. 3. Effective January 1, 1993.)
  36. 10200.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10200. (a) As used in this section, “securities” means “security” as defined in Section 70, land trust certificates, certificates of beneficial interest in trusts, investment trust certificates, mortgage participation certificates, or certificates of deposit for any of the foregoing, but does not include notes secured by a mortgage or deed of trust unless the note or notes have been authorized or permitted to be issued by the Commissioner of Financial Protection and Innovation or have been made by a public utility subject to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1 of the Public Utilities Code). (b) After authorization by order of court, securities may be sold or may be surrendered for redemption or conversion. Title to the securities sold or surrendered as authorized by an order obtained under this section passes without the need for subsequent court confirmation. (c) To obtain an order under this section, the personal representative or any interested person shall file a petition stating the terms and conditions and the advantage to the estate of the proposed sale or redemption or conversion. If the court authorizes the sale, redemption, or conversion, the court’s order shall fix the terms and conditions of sale, redemption, or conversion. (d) Notice of the hearing on the petition shall be given as provided in Section 1220 and posted as provided in Section 1230, but the court may order that the notice be given for a shorter period or dispensed with. (e) No notice of sale or of the redemption or conversion need be given if any of the following conditions are satisfied: (1) The minimum selling price is fixed by the court. (2) The securities are to be sold on an established stock or bond exchange. (3) The securities to be sold are securities designated as a national market system security on an interdealer quotation system, or subsystem thereof, by the National Association of Securities Dealers, Inc., sold through a broker-dealer registered under the Securities Exchange Act of 1934 during the regular course of business of the broker-dealer. (4) The securities are to be surrendered for redemption or conversion. (Amended by Stats. 2022, Ch. 452, Sec. 207. (SB 1498) Effective January 1, 2023.)
  37. 10201.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10201. (a) For purposes of this section: (1) “Federal association” is defined in Section 5102 of the Financial Code. (2) “Mutual capital certificate” is defined in Section 5111 of the Financial Code. (3) “Savings account” is defined in Section 5116 of the Financial Code. (4) “Savings association” is defined in Section 5102 of the Financial Code. (5) “Withdrawal value” is defined in Section 5124 of the Financial Code. (b) Notwithstanding Section 10200, savings accounts and mutual capital certificates of a savings association or federal association may be sold or surrendered for withdrawal by the personal representative, and title thereto passed, without notice of sale, prior order of court, or subsequent confirmation by the court, if an amount of money is obtained upon the sale or withdrawal not less than the withdrawal value of the savings account or the value of the mutual capital certificate. (c) Notwithstanding Section 10200, credit union share accounts and certificates for funds may be sold or withdrawn by the personal representative, and title thereto passed, without notice of sale, prior order of court, or subsequent confirmation by the court, if an amount of money is obtained upon the sale or withdrawal not less than the withdrawal value of the share account or the value of the certificate for funds. (Enacted by Stats. 1990, Ch. 79.)
  38. 10202.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10202. Notwithstanding Section 10200, if an estate by reason of owning securities, also owns or receives subscription rights for the purchase of additional securities, the personal representative may sell all or part of the subscription rights without notice of sale, prior order of court, or subsequent confirmation by the court. (Enacted by Stats. 1990, Ch. 79.)
  39. 10203.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10203. (a) Except as provided in subdivision (b), where property to be sold consists of a leasehold interest, the sale shall be made as in the case of the sale of personal property of the estate. (b) The sale of a leasehold interest shall be made as in the case of the sale of real property of the estate if the interest to be sold consists of any of the following: (1) A leasehold interest in real property with an unexpired term of 10 years or longer. For this purpose, the leasehold interest shall be considered to have an unexpired term of 10 years or longer if the lessee has the right to extend the term and the term, if extended, would exceed 10 years. (2) A leasehold interest in real property together with an option to purchase the leased property or some part thereof. (3) A lease for the purpose of production of minerals, oil, gas, or other hydrocarbon substances, or geothermal energy. (Enacted by Stats. 1990, Ch. 79.)
  40. 10204.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10204. Property of the estate that consists of a partnership interest or an interest belonging to an estate by virtue of a partnership formerly existing may be sold in the same manner as other personal property. (Enacted by Stats. 1990, Ch. 79.)
  41. 10205.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10205. A chose in action belonging to the estate may be sold in the same manner as other personal property. (Enacted by Stats. 1990, Ch. 79.)
  42. 10206.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10206. (a) Except as otherwise provided in this section, if the decedent at the time of death was possessed of a contract for the purchase of real property and the decedent’s interest in the property and under the contract is to be sold, the sale shall be made as in the case of the sale of real property of the estate. (b) If the decedent’s interest in the property and under the contract is sold, the sale shall be made subject to all payments which are due at the time of sale or which may thereafter become due on the contract. Except as provided in subdivision (d), if there are any payments due or to become due, the court shall not confirm the sale until the purchaser executes a bond to the personal representative that satisfies the requirements of subdivision (c). (c) The bond shall be for the benefit and indemnity of the personal representative and the persons entitled to the interest of the decedent in the real property contracted for. The amount of the bond shall be equal to the amount of payments then due and thereafter to become due on the contract, with such sureties as the court may approve. The bond shall be conditioned that the purchaser will (1) make all payments for the property which are then due or which become due after the date of the sale and (2) fully indemnify the personal representative and the person entitled to the interest of the decedent against all demands, costs, charges, and expenses, by reason of any covenant or agreement contained in the contract. (d) The bond need not be given in either of the following cases: (1) Where no claim has been made against the estate on the contract and the time for filing claims has expired. (2) Where the person entitled to payment under the contract waives all recourse to the assets of the estate for payment and releases the estate and the personal representative from liability for payment. (Enacted by Stats. 1990, Ch. 79.)
  43. 10207.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Special Provisions Applicable to Particular Types of Property [10200 - 10207] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10207. (a) Real property suitable for a shift-in-land-use loan to develop grazing or pasture facilities may be sold under this section by the personal representative to a grazing or pasture association in conformity with the federal Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921, et seq.) after authorization by order of the court. (b) The personal representative or any interested person may file a petition for an order under this section. Notice of the hearing on the petition shall be given as provided in Section 1220. (c) An order for sale of property under this section may be made only if the court determines both of the following: (1) Either the sale is made pursuant to the will of the decedent or all of the following have consented to the sale: (A) Each known heir whose interest in the estate would be affected by the sale. (B) Each known devisee who has an interest in the property under the decedent’s will. (2) The sale will not jeopardize the rights of creditors of the estate. (d) If the court makes an order authorizing sale of the property, the personal representative may make the sale in accord with the terms and conditions set out in the order, subject to the following requirements: (1) Except as provided in Sections 10002, 10301, 10303, and 10503, notice of the time and place of the sale shall be published pursuant to Section 10300. (2) The price of the sale made shall be not less than the value of the property as established by an independent and competent appraiser mutually acceptable to the federal government, the grazing or pasture association, and the personal representative. (3) Except as provided in Sections 10002 and 10503, the sale shall be reported to and confirmed by the court as provided in Article 6 (commencing with Section 10300) before title to the property passes, but the sale may be made irrespective of whether a higher bid is made to the court at the hearing on the petition to confirm the sale. (Enacted by Stats. 1990, Ch. 79.)
  44. 1021.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Petitions and Other Papers [1020 - 1023] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Certain probate filings must be verified by specified people.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Petitions and Other Papers [1020 - 1023] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1021. (a) All of the following shall be verified: (1) A petition, report, or account filed pursuant to this code. (2) An objection or response filed pursuant to this code to a petition, report, or account. (b) Except as provided in Section 1023, the verification shall be made as follows: (1) A petition shall be verified by the petitioner or, if there are two or more parties joining in the petition, by any of them. (2) A report or account shall be verified by the person who has the duty to make the report or account or, if there are two or more persons having a duty to make the report or account, by any of them. (3) An objection or response shall be verified by the objector or respondent or, if there are two or more parties joining in the objection or response, by any of them. (Amended by Stats. 1996, Ch. 862, Sec. 3. Effective January 1, 1997.)
  45. 1022.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Petitions and Other Papers [1020 - 1023] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Petitions and Other Papers [1020 - 1023] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1022. An affidavit or verified petition shall be received as evidence when offered in an uncontested proceeding under this code. (Enacted by Stats. 1990, Ch. 79.)
  46. 1023.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Petitions and Other Papers [1020 - 1023] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Petitions and Other Papers [1020 - 1023] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 1023. If a petitioner, objector, or respondent is absent from the county or for some other cause is unable to sign or verify a petition, objection, or response filed pursuant to this code, the person’s attorney may sign or verify the petition, objection, or response unless the person is a fiduciary appointed in the proceeding. (Enacted by Stats. 1990, Ch. 79.)
  47. 10250.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10250. Subject to Sections 10251 and 10252 and except as otherwise provided by statute, personal property of the estate may be sold only after notice of sale is given by one or both of the following methods, as the personal representative may determine: (a) Posting at the county courthouse of the county in which the proceedings are pending at least 15 days before: (1) In the case of a private sale, the day specified in the notice of sale as the day on or after which the sale is to be made. (2) In the case of a public auction sale, the day of the auction. (b) Publication pursuant to Section 6063a of the Government Code in a newspaper in the county in which the proceedings are pending, such publication to be completed before: (1) In the case of a private sale, the day specified in the notice of sale as the day on or after which the sale is to be made. (2) In the case of a public auction sale, the day of the auction. (Enacted by Stats. 1990, Ch. 79.)
  48. 10251.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10251. (a) If it is shown that it will be to the advantage of the estate, the court or judge may by order shorten the time of notice of sale to not less than five days. (b) If the court or judge makes an order under subdivision (a), notice of sale shall be given by one or both of the following methods, as the personal representative may determine: (1) By posting as provided in Section 10250 except that the posting shall be for at least five days instead of 15 days as required by Section 10250. (2) By publication as provided in Section 10250 except that the publication shall be pursuant to Section 6061 of the Government Code. (Enacted by Stats. 1990, Ch. 79.)
  49. 10252.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10252. Personal property may be sold with or without notice, as the personal representative may determine, in any of the following cases: (a) Where the property is directed by the will to be sold. (b) Where authority is given in the will to sell the property. (c) Where the property is perishable, will depreciate in value if not disposed of promptly, or will incur loss or expense by being kept. (d) Where sale of the property is necessary to provide for the payment of a family allowance pending receipt of other sufficient funds. (Enacted by Stats. 1990, Ch. 79.)
  50. 10253.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10253. (a) The notice of sale given pursuant to Section 10250 shall state all of the following: (1) Whether the sale is to be a private sale or a public auction sale. (2) In the case of a private sale, the place at which bids or offers will be received and a day on or after which the sale will be made or, in the case of a public auction sale, the time and place of sale. (3) A brief description of the personal property to be sold. (b) The notice of sale may state other matters in addition to those required by subdivision (a), including terms and conditions of sale. (Enacted by Stats. 1990, Ch. 79.)
  51. 10254.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10254. (a) Unless the court orders otherwise pursuant to subdivision (b): (1) A sale of personal property at a public auction sale shall be made within this state at the courthouse door, at the auction house, at some other public place, or at the residence of the decedent. (2) No public auction sale shall be made of any tangible personal property that is not present at the time of sale. (b) Upon petition of the personal representative or any interested person, the court may order either or both of the following: (1) That a sale of personal property at public auction be made at any place within or without the United States. (2) That tangible personal property need not be present at the time of sale. (c) The personal representative may postpone a public auction sale of personal property from time to time if all of the following conditions are satisfied: (1) The personal representative believes that the postponement is to the advantage of the estate. (2) Notice of the postponement is given by public declaration at the time and place appointed for the sale. (3) The postponement, together with previous postponements of sale of the property, does not exceed three months. (Enacted by Stats. 1990, Ch. 79.)
  52. 10255.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10255. (a) A private sale of personal property may not be made before the day stated in the notice of sale as the day on or after which the sale will be made, nor later than one year after that day. (b) In the case of a private sale of personal property, the bids or offers shall be in writing and shall be left at the place designated in the notice of sale, or be delivered to the personal representative personally or to the person specified in the notice of sale, at any time after the first publication or posting of notice of sale and before the making of the sale. (Enacted by Stats. 1990, Ch. 79.)
  53. 10256.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10256. Whether a sale of personal property is private or at public auction, bids shall substantially comply with any terms specified in the notice of sale. (Enacted by Stats. 1990, Ch. 79.)
  54. 10257.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10257. (a) Personal property may be sold for cash or on credit. (b) Except as may otherwise be ordered by the court pursuant to Section 10258, if a sale is made on credit, not less than 25 percent of the purchase price shall be paid in cash at the time of sale, and the personal representative shall do one of the following: (1) Take the note of the purchaser for the balance of the purchase money, with a security interest in the personal propery sold, to secure the payment of the balance. (2) Enter into a conditional sale contract under which title is retained until the balance is paid. (c) The terms of the note and security interest or conditional sale contract shall be approved by the court at the time of confirmation of sale. (d) Where property sold by the personal representative for part cash and part deferred payments consists of an undivided interest in personal property or any other interest therein less than the entire ownership and the owner or owners of the remaining interests therein join in the sale, the note and security interest may be made to the personal representative and such others having an interest in the property. The interest of the personal representative in the note and security interest shall be in the same interest and in the same proportions as the estate’s interest in the property prior to the sale. (Enacted by Stats. 1990, Ch. 79.)
  55. 10258.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10258. (a) On petition of the personal representative, the court may by order authorize a sale of personal property on credit on terms providing for less than 25 percent of the purchase price to be paid in cash at the time of sale, or may waive or modify the requirement that a security interest or other lien shall be retained or taken to secure payment of the balance of the purchase price, where it is shown that the terms are to the advantage of the estate and the property to be sold is of such a nature that it is impracticable to sell the property for a larger cash payment at the time of sale or to retain a security interest or other lien in the property. The order of the court shall fix the terms and conditions of the sale. (b) Notice of the hearing on the petition shall be posted as provided in Section 1230 and 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 sale. (3) Each known devisee whose interest in the estate would be affected by the sale. (Enacted by Stats. 1990, Ch. 79.)
  56. 10259.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10259. (a) Title to the following personal property passes upon sale without the need for court confirmation or approval: (1) Personal property which is perishable, which will depreciate in value if not disposed of promptly, or which will incur loss or expense by being kept. (2) Personal property the sale of which is necessary to provide for the payment of a family allowance pending receipt of other sufficient funds. (b) Title to personal property sold at public auction passes without the need for court confirmation or approval upon receipt of the purchase price and: (1) In the case of tangible personal property, the delivery of the property to the purchaser. (2) In the case of intangible personal property, the delivery to the purchaser of the instrument that transfers the title to the property to the purchaser. (c) The personal representative is responsible for the actual value of the property described in subdivision (a) or (b) unless the sale is reported to and approved by the court. (Enacted by Stats. 1990, Ch. 79.)
  57. 10260.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10260. (a) Except as provided in Sections 10200, 10201, 10202, 10259, and 10503, all sales of personal property shall be reported to and be confirmed by the court before title to the property passes to the purchaser, notwithstanding that the property is directed by the will to be sold or authority is given in the will to sell the property. (b) If the personal representative fails to file the report and a petition for confirmation of the sale within 30 days after the sale, the purchaser at the sale may file the report and petition for confirmation of the sale. (c) Notice of the hearing on the petition for confirmation filed under subdivision (a) or (b) shall be given as provided in Section 1220 and posted as provided in Section 1230. (Enacted by Stats. 1990, Ch. 79.)
  58. 10261.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10261. (a) Except as provided in this subdivision, at the hearing on the petition for confirmation of the sale, the court shall examine into the necessity for the sale or the advantage to the estate and the benefit to the interested persons in making the sale. If the decedent’s will authorizes or directs the property to be sold, there need be no showing of the necessity of the sale or the advantage to the estate and the benefit to the interested persons in making the sale. (b) Any interested person may file written objections to the confirmation of the sale at or before the hearing and may testify and produce witnesses in support of the objections. (c) Before confirming the sale of a partnership interest, whether made to the surviving partner or to any other person, the court shall do both of the following: (1) Inquire into the condition of the partnership affairs. (2) Examine any surviving partner if that surviving partner is a resident within the state at the time of the hearing and able to be present in court. The court may issue a citation to compel the surviving partner to attend the hearing. (d) Upon its own motion or upon the request of the personal representative, the agent or broker, or any other interested person, made at the time of the confirmation hearing or at another time, the court shall fix the compensation of the agent or broker as provided in Article 3 (commencing with Section 10160). (Enacted by Stats. 1990, Ch. 79.)
  59. 10262.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10262. (a) Except as provided in subdivision (b), if a written offer to purchase the property is made to the court at the hearing on the petition for confirmation of the sale and the new bid is at least 10 percent more than the amount stated in the report made to the court, the court in its discretion may accept the new bid and confirm the sale to the offeror, or may order a new sale, if all of the following conditions are satisfied: (1) The original bid as stated in the report to the court is more than one hundred dollars ($100) or, if the original bid is less than one hundred dollars ($100), the new bid is at least one hundred dollars ($100) more than the original bid. (2) The new bid is made by a responsible person. (3) The new bid complies with all provisions of law. (b) If there is more than one offer that satisfies the requirements of subdivision (a), the court shall do one of the following: (1) Accept the highest such offer and confirm the sale to the offeror. (2) Order a new sale. (c) This section does not apply to a sale of property described in Section 10259. (Enacted by Stats. 1990, Ch. 79.)
  60. 10263.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10263. If notice of the sale was required, before an order is made confirming the sale, it shall be proved to the satisfaction of the court that notice of the sale was given as required by this article, and the order of confirmation shall show that such proof was made. (Enacted by Stats. 1990, Ch. 79.)
  61. 10264.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 5. Sale of Personal Property [10250 - 10264] ( Article 5 enacted by Stats. 1990, Ch. 79. ) ## 10264. No omission, error, or irregularity in the proceedings under this article shall impair or invalidate the proceedings or the sale pursuant to an order made under this article. (Enacted by Stats. 1990, Ch. 79.)
  62. 103.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105] ( Part 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 103. Except as provided by Section 224, if spouses die leaving community or quasi-community property and it cannot be established by clear and convincing evidence that one spouse survived the other: (a) One-half of the community property and one-half of the quasi-community property shall be administered or distributed, or otherwise dealt with, as if one spouse had survived and as if that one-half belonged to that spouse. (b) The other one-half of the community property and the other one-half of the quasi-community property shall be administered or distributed, or otherwise dealt with, as if the other spouse had survived and as if that one-half belonged to that spouse. (Amended by Stats. 2016, Ch. 50, Sec. 81. (SB 1005) Effective January 1, 2017.)
  63. 10300.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10300. (a) Except as provided in Sections 10301 to 10303, inclusive, and in Section 10503, real property of the estate may be sold only after notice of sale has been published pursuant to Section 6063a of the Government Code (1) in a newspaper published in the county in which the real property or some portion thereof is located or (2) if there is no such newspaper, in such newspaper as the court or judge may direct. (b) The publication of notice of sale shall be completed before: (1) In the case of a private sale, the day specified in the notice as the day on or after which the sale is to be made. (2) In the case of a public auction sale, the day of the auction. (Enacted by Stats. 1990, Ch. 79.)
  64. 10301.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10301. (a) If it appears from the inventory and appraisal that the value of the real property to be sold does not exceed five thousand dollars ($5,000), the personal representative may in his or her discretion dispense with publication of notice of sale and, in lieu of publication, post the notice of sale at the courthouse of the county in which the real property or some portion thereof is located. (b) Except as provided in Section 10302, posting pursuant to this section shall be for at least 15 days before: (1) In the case of a private sale, the day specified in the notice of sale as the day on or after which the sale is to be made. (2) In the case of a public auction sale, the day of the auction. (Enacted by Stats. 1990, Ch. 79.)
  65. 10302.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10302. (a) If it is shown that it will be to the advantage of the estate, the court or judge may by order shorten the time of notice of sale to not less than five days. (b) Except as provided in subdivision (c), if the court or judge makes an order under subdivision (a), notice of sale shall be published as provided in Section 10300 except that the publication shall be pursuant to Section 6061 of the Government Code. (c) In a case described in Section 10301, if the court makes an order under subdivision (a), notice of sale shall be posted as provided in Section 10301 except that the notice of sale shall be posted at least five days before the sale instead of 15 days as required by Section 10301. (Enacted by Stats. 1990, Ch. 79.)
  66. 10303.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10303. Real property may be sold with or without notice, as the personal representative may determine, in either of the following cases: (a) Where the property is directed by the will to be sold. (b) Where authority is given in the will to sell the property. (Enacted by Stats. 1990, Ch. 79.)
  67. 10304.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10304. (a) The notice of sale given pursuant to this article shall state all of the following: (1) Whether the sale is to be a private sale or a public auction sale. (2) In the case of a private sale, the place at which bids or offers will be received and a day on or after which the sale will be made or, in the case of a public auction sale, the time and place of sale. (3) The street address or other common designation or, if none, a legal description of the real property to be sold. (b) The notice of sale may state other matters in addition to those required by subdivision (a), including terms and conditions of sale. (Enacted by Stats. 1990, Ch. 79.)
  68. 10305.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10305. (a) A sale of real property at public auction shall be made in the county in which the property is located. If the property is located in two or more counties, it may be sold in any one of them. (b) A sale of real property at public auction shall be made between 9 a.m. and 9 p.m., and the sale shall be made on the day specified in the notice of sale unless the sale is postponed. (c) The personal representative may postpone a public auction sale of real property from time to time if all of the following conditions are satisfied: (1) The personal representative believes that the postponement is to the advantage of the estate. (2) Notice of the postponement is given by public declaration at the time and place appointed for the sale. (3) The postponement, together with previous postponements of sale of the property, does not exceed three months in all. (Enacted by Stats. 1990, Ch. 79.)
  69. 10306.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10306. (a) A private sale of real property may not be made before the day stated in the notice of sale as the day on or after which the sale will be made, nor later than one year after that day. (b) In the case of a private sale of real property, the bids or offers shall be in writing and shall be left at the place designated in the notice of sale, or be delivered to the personal representative personally or to the person specified in the notice of sale, at any time after the first publication or posting of notice of sale and before the making of the sale. (Enacted by Stats. 1990, Ch. 79.)
  70. 10307.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10307. Whether a sale of real property is private or at public auction, bids shall substantially comply with any terms specified in the notice of sale. (Enacted by Stats. 1990, Ch. 79.)
  71. 10308.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10308. (a) Except as provided in Section 10503, all sales of real property shall be reported to and be confirmed by the court before title to the property passes to the purchaser, whether the sale is a private sale or a public auction sale and notwithstanding that the property is directed by the will to be sold or authority is given in the will to sell the property. (b) If the personal representative fails to file the report and a petition for confirmation of the sale within 30 days after the sale, the purchaser at the sale may file the report and petition for confirmation of the sale. (c) Notice of the hearing on the petition for confirmation filed under subdivision (a) or (b) shall be given as provided in Section 1220 to the persons designated by that section and to the purchasers named in the petition, and posted as provided in Section 1230. (Amended by Stats. 1992, Ch. 871, Sec. 11. Effective January 1, 1993.)
  72. 10309.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10309. (a) Except as provided in Section 10207, no sale of real property at private sale shall be confirmed by the court unless all of the following conditions are satisfied: (1) The real property has been appraised within one year prior to the date of the confirmation hearing. (2) The valuation date used in the appraisal described in paragraph (1) is within one year prior to the date of the confirmation hearing. (3) The sum offered for the property is at least 90 percent of the appraised value of the property as determined by the appraisal described in paragraph (1). (b) An appraisal of the property may be had at any time before the sale or the confirmation of sale in any of the following cases: (1) Where the property has not been previously appraised. (2) Where the property has not been appraised within one year before the date of the confirmation hearing. (3) Where the valuation date used in the latest appraisal is more than one year before the date of the confirmation hearing. (4) Where the court is satisfied that the latest appraisal is too high or too low. (c) A new appraisal made pursuant to subdivision (b) need not be made by a probate referee if the original appraisal of the property was made by a person other than a probate referee. If the original appraisal of the property was made by a probate referee, the new appraisal may be made by the probate referee who made the original appraisal without further order of the court or further request for the appointment of a new probate referee. If appraisal by a probate referee is required, a new probate referee shall be appointed, using the same procedure as for the appointment of an original referee, to make the new appraisal if the original probate referee is dead, has been removed, or is otherwise unable to act, or if there is other reason to appoint another probate referee. (Enacted by Stats. 1990, Ch. 79.)
  73. 10310.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10310. (a) Except as provided in this subdivision, at the hearing on the petition for confirmation of the sale of the real property, the court shall examine into the necessity for the sale or the advantage to the estate and the benefit to the interested persons in making the sale. If the decedent’s will authorizes or directs the property to be sold, there need be no showing of the necessity of the sale or the advantage to the estate and benefit to the interested persons in making the sale. (b) The court shall examine into the efforts of the personal representative to obtain the highest and best price for the property reasonably attainable. (c) Any interested person may file written objections to the confirmation of the sale at or before the hearing and may testify and produce witnesses in support of the objections. (Enacted by Stats. 1990, Ch. 79.)
  74. 10311.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10311. (a) Subject to subdivisions (b), (c), (d), and (e), and except as provided in Section 10207, if a written offer to purchase the real property is made to the court at the hearing on the petition for confirmation of the sale, the court shall accept the offer and confirm the sale to the offeror if all of the following conditions are satisfied: (1) The offer is for an amount at least 10 percent more on the first ten thousand dollars ($10,000) of the original bid and 5 percent more on the amount of the original bid in excess of ten thousand dollars ($10,000). (2) The offer is made by a responsible person. (3) The offer complies with all provisions of law. (b) Subject to subdivisions (c), (d), and (e), if there is more than one offer that satisfies the requirements of subdivision (a), the court shall accept the highest such offer and confirm the sale to the person making that offer. (c) The court may, in its discretion, decline to accept the offer that satisfies the requirements of subdivisions (a) and (b); and, in such case, the court shall order a new sale. (d) If the sale returned for confirmation is on credit and the higher offer is for cash or on credit, whether on the same or different credit terms, or the sale returned for confirmation is for cash and the higher offer is on credit, the court may not consider the higher offer unless the personal representative informs the court in person or by counsel prior to confirmation of sale that the higher offer is acceptable. (e) For the purpose of this section, the amount of the original bid and any higher offer shall be determined by the court without regard to any of the following: (1) Any commission on the amount of the bid to which an agent or broker may be entitled under a contract with the personal representative. (2) Any condition of the bid that a certain amount of the bid be paid to an agent or broker by the personal representative. (Enacted by Stats. 1990, Ch. 79.)
  75. 10312.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10312. If notice of the sale was required, before an order is made confirming the sale it shall be proved to the satisfaction of the court that notice of the sale was given as required by this article, and the order of confirmation shall show that the proof was made. (Enacted by Stats. 1990, Ch. 79.)
  76. 10313.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10313. (a) The court shall make an order confirming the sale to the person making the highest offer that satisfies the requirements of this article, and directing conveyances or assignments or both to be executed, if it appears to the court that all of the following requirements are satisfied: (1) Either the sale was authorized or directed to be made by the decedent’s will or good reason existed for the sale. (2) If notice of the sale was required, the proof required by Section 10312 has been made. (3) The sale was legally made and fairly conducted. (4) The amount for which the sale is to be confirmed is not disproportionate to the value of the property. (5) In the case of a private sale, the sale complied with the requirements of Section 10309. (6) If the sale is confirmed to the original bidder, it does not appear that a sum exceeding the original bid by at least 10 percent more on the first ten thousand dollars ($10,000) of the original bid and 5 percent more on the amount of the original bid in excess of ten thousand dollars ($10,000), exclusive of the expenses of a new sale, may be obtained. (b) Upon its own motion or upon the request of the personal representative, the agent or broker, or any other interested person, made at the time of the confirmation hearing or at another time, the court shall fix the compensation of the agent or broker as provided in Article 3 (commencing with Section 10160). (c) If it appears to the court that the requirements of subdivision (a) are not satisfied, the court shall vacate the sale and order a new sale. (d) If the court orders a new sale under subdivision (c) of this section or under subdivision (c) of Section 10311, notice of the new sale shall be given and the new sale shall in all respects be conducted as if no previous sale had taken place. (Enacted by Stats. 1990, Ch. 79.)
  77. 10314.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10314. (a) Except as provided in subdivision (b), upon confirmation of the sale, the personal representative shall execute a conveyance to the purchaser which shall refer to the order confirming the sale and directing the conveyance to be executed. A certified copy of the order shall be recorded in the office of the recorder of the county in which the real property or some portion thereof is located. (b) Upon confirmation of a sale of the decedent’s interest under a contract for the purchase of real property by the decedent and after the purchaser has given a bond if one is required under Section 10206, the personal representative shall execute an assignment of the contract to the purchaser. (c) A conveyance made in compliance with the court order confirming the sale and directing the conveyance to be executed vests in the purchaser both of the following: (1) All the right, title, and interest which the decedent had in the property at the time of the decedent’s death. (2) Any other or additional right, title, or interest in the property acquired by the estate of the decedent, by operation of law or otherwise, prior to the sale. (d) An assignment made in compliance with the court order confirming the sale of the decedent’s interest under a contract for the purchase of real property by the decedent vests in the purchaser all the right, title, and interest of the estate, or of the persons entitled to the interest of the decedent, at the time of sale in the property assigned. The purchaser of the decedent’s interest under the contract for the purchase of the real property by the decedent has the same rights and remedies against the vendor of the property as the decedent would have had if living. (Enacted by Stats. 1990, Ch. 79.)
  78. 10315.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10315. (a) If a sale is made on credit, the personal representative shall take the note of the purchaser for the unpaid portion of the purchase money, with a mortgage or deed of trust on the property to secure payment of the note. The mortgage or deed of trust shall be subject only to encumbrances existing at the date of sale and such other encumbrances as the court may approve. (b) Where property sold by the personal representative for part cash and part deferred payments consists of an undivided interest in real property or any other interest therein less than the entire ownership and the owner or owners of the remaining interests therein join in the sale, the note and deed of trust or mortgage may be made to the personal representative and such others having an interest in the property. The interest of the personal representative in the note and deed of trust or mortgage shall be in the same interest and in the same proportions as the estate’s interest in the property prior to the sale. (Enacted by Stats. 1990, Ch. 79.)
  79. 10316.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 6. Sale of Real Property [10300 - 10316] ( Article 6 enacted by Stats. 1990, Ch. 79. ) ## 10316. No omission, error, or irregularity in the proceedings under this article shall impair or invalidate the proceedings or the sale pursuant to an order made under this article. (Enacted by Stats. 1990, Ch. 79.)
  80. 10350.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Vacating Sale for Purchaser’s Default; Liability of Defaulting Purchaser for Damages [10350 - 10351] ( Article 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Vacating Sale for Purchaser’s Default; Liability of Defaulting Purchaser for Damages [10350 - 10351] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 10350. (a) If after court confirmation of sale of real or personal property the purchaser fails to comply with the terms of sale, the court may, on petition of the personal representative, vacate the order of confirmation, order a resale of the property, and award damages to the estate against the purchaser. (b) Notice of the hearing on the petition shall be given as provided in Section 1220 to the persons designated by that section and the notice and a copy of the petition shall be given to the buyers and brokers named in the order confirming sale, except that notice need not be given to a defaulting purchaser whose written consent to the petition is filed with the court before the hearing. (c) Notice of the resale of the property shall be given as provided in this chapter for a sale of the property in the first instance. (d) Proceedings after notice of the resale shall be as provided in this chapter for a sale of the property in the first instance. (e) If the property is resold, the defaulting purchaser is liable to the estate for damages equal to the sum of the following: (1) The difference between the contract price of the first sale and the amount paid by the purchaser at the resale. (2) Expenses made necessary by the purchaser’s breach. (3) Other consequential damages. (Amended by Stats. 1992, Ch. 871, Sec. 12. Effective January 1, 1993.)
  81. 10351.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Vacating Sale for Purchaser’s Default; Liability of Defaulting Purchaser for Damages [10350 - 10351] ( Article 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 7. Vacating Sale for Purchaser’s Default; Liability of Defaulting Purchaser for Damages [10350 - 10351] ( Article 7 enacted by Stats. 1990, Ch. 79. ) ## 10351. (a) The court may vacate the order of confirmation of a sale of real or personal property and make an order confirming the sale to the new high bidder if both of the following requirements are satisfied: (1) A petition is filed within 60 days after confirmation of the sale showing that (A) the purchaser at the sale has failed to complete the purchase and (B) a bid has been made for the property in the same or a higher amount, on the same or better terms, and in the manner prescribed in the original notice of sale. (2) The sale has not been vacated pursuant to Section 10350. (b) Notice of the hearing on the petition shall be given as provided in Section 1220 to the persons designated by that section and the notice and a copy of the petition shall be given to the buyers and brokers named in the order confirming sale, except that notice need not be given to a defaulting purchaser whose written consent to the vacation of the order confirming the sale is filed with the court prior to the hearing. (c) If the report and petition for confirmation of the second sale are not filed within 60 days of the confirmation of the first sale, the property may be resold only in the manner provided in Section 10350. (Amended by Stats. 1992, Ch. 871, Sec. 13. Effective January 1, 1993.)
  82. 10360.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder [10360 - 10363] ( Article 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder [10360 - 10363] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 10360. As used in this article: (a) “Amount secured by the lien” includes interest and any costs and charges secured by the lien. (b) “Encumbered property” means real or personal property that is subject to a lien for a secured debt which is a valid claim against the estate and which has been allowed or approved. (c) “Lien” means a mortgage, deed of trust, or other lien. (Enacted by Stats. 1990, Ch. 79.)
  83. 10361.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder [10360 - 10363] ( Article 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder [10360 - 10363] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 10361. (a) If encumbered property is sold, the purchase money shall be applied in the following order: (1) Expenses of administration which are reasonably related to the administration of the property sold as provided in paragraph (1) of subdivision (a) of Section 11420. (2) The payment of the expenses of the sale. (3) The payment and satisfaction of the amount secured by the lien on the property sold if payment and satisfaction of the lien is required under the terms of the sale. (4) Application in the course of administration. (b) The application of the purchase money, after the payment of those expenses set forth in paragraphs (1) and (2) of subdivision (a), to the payment and satisfaction of the amount secured by the lien on the property sold shall be made without delay; and, subject to Section 10362, the property sold remains subject to the lien until the purchase money has been actually so applied. (Amended by Stats. 1996, Ch. 862, Sec. 26. Effective January 1, 1997.)
  84. 10361.5.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder [10360 - 10363] ( Article 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder [10360 - 10363] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 10361.5. The personal representative or any interested party may, at any time before payment is made to satisfy all liens on the encumbered property sold, petition for an order determining the amount of expenses of administration that are reasonably related to the administration of that encumbered property as provided in paragraph (1) of subdivision (a) of Section 11420. The petition may be heard as part of a petition for confirmation of sale of personal or real property as provided in Section 10260 or 10308, respectively or may be heard separately. If the petition is presented as part of a petition for confirmation of sale of real or personal property, the notice of hearing otherwise required by this code for a petition for confirmation of sale shall be given in addition to the notice requirements under Section 10361.6. (Added by Stats. 1996, Ch. 862, Sec. 27. Effective January 1, 1997.)
  85. 10361.6.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder [10360 - 10363] ( Article 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder [10360 - 10363] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 10361.6. (a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 3 of the Code of Civil Procedure on all of the following persons: (1) The personal representative, if the personal representative is not the petitioner. (2) The holder of any mortgage or other lien secured by the property that is sold. (3) All agents or brokers entitled to compensation from the proceeds of the property that is sold. (b) Except for those persons given notice pursuant to subdivision (a), notice of the hearing, together with a copy of 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. (c) The court may not shorten the time for giving the notice of hearing under this section. (Added by Stats. 1996, Ch. 862, Sec. 28. Effective January 1, 1997.)
  86. 10362.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder [10360 - 10363] ( Article 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder [10360 - 10363] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 10362. (a) If encumbered property is sold, the purchase money, or so much of the purchase money as is sufficient to pay the amount secured by the lien on the property sold and the expenses of the sale, may be paid to the clerk of the court. Upon the payment being so made, the lien on the property sold ceases. (b) The clerk of court without delay shall use the money paid to the clerk under this section to pay the expenses of the sale and to pay and satisfy the amount secured by the lien on the property sold. The clerk shall at once return the surplus, if any, to the personal representative unless the court, for good cause shown and after notice to the personal representative, otherwise orders. (Enacted by Stats. 1990, Ch. 79.)
  87. 10363.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder [10360 - 10363] ( Article 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder [10360 - 10363] ( Article 8 enacted by Stats. 1990, Ch. 79. ) ## 10363. (a) At a sale of real or personal property subject to a lien, the lienholder may become the purchaser of the property, even though no claim for the amount secured by the lien on the property sold has been, or could have been, filed, allowed, or approved. (b) Unless the property is sold subject to the lien: (1) If the lienholder becomes the purchaser of the property and the amount secured by the lien on the property is a valid claim against the estate and has been allowed or approved, the receipt of the lienholder for the amount due the lienholder from the proceeds of the sale is a payment pro tanto. (2) If the lienholder becomes the purchaser of the property and no claim for the amount secured by the lien on the property has been filed, allowed, or approved, the court may at the hearing on the petition for confirmation of the sale examine into the validity and enforceability of the lien and the amount secured by the lien, and the court may authorize the personal representative to accept the receipt of the lienholder for the amount secured by the lien as payment pro tanto. (3) If the lienholder becomes the purchaser of the property and the amount for which the property is purchased is insufficient to pay the expenses of the sale and to discharge the lienholder’s lien, whether or not a claim has been filed, allowed, or approved, the lienholder shall pay to the clerk of the court an amount sufficient to cover the expenses of the sale. (c) Nothing permitted under this section shall be deemed to be an allowance or approval of a claim based upon the lien or the amount secured by the lien. (Enacted by Stats. 1990, Ch. 79.)
  88. 10380.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Damages and Recovery of Property [10380 - 10382] ( Article 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Damages and Recovery of Property [10380 - 10382] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 10380. The personal representative is liable to an interested person for damages suffered by the interested person by reason of the neglect or misconduct of the personal representative in the proceedings in relation to a sale. (Enacted by Stats. 1990, Ch. 79.)
  89. 10381.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Damages and Recovery of Property [10380 - 10382] ( Article 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Damages and Recovery of Property [10380 - 10382] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 10381. In addition to any other damages for which the personal representative is liable, if the personal representative fraudulently sells real property of the estate contrary to or otherwise than under the provisions of this chapter, the person having an estate of inheritance in the real property may recover from the personal representative, as liquidated damages, an amount equal to double the fair market value of the real property sold on the date of sale. (Enacted by Stats. 1990, Ch. 79.)
  90. 10382.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Damages and Recovery of Property [10380 - 10382] ( Article 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 18. Sales [10000 - 10382] ( Chapter 18 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 9. Damages and Recovery of Property [10380 - 10382] ( Article 9 enacted by Stats. 1990, Ch. 79. ) ## 10382. (a) No action for the recovery of property sold by a personal representative on the claim that the sale is void may be maintained by an heir or other person claiming under the decedent unless the action is commenced within whichever of the following is the later time: (1) Three years after the settlement of the final account of the personal representative. (2) Three years after the discovery of any fraud upon which the action is based. (b) The limitation established by subdivision (a) is not tolled for any reason. (Enacted by Stats. 1990, Ch. 79.)
  91. 104.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105] ( Part 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 104. Notwithstanding Section 100, community property held in a revocable trust described in Section 761 of the Family Code is governed by the provisions, if any, in the trust for disposition in the event of death. (Amended by Stats. 1992, Ch. 163, Sec. 119. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  92. 104.5.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105] ( Part 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 104.5. Transfer of community and quasi-community property to a revocable trust shall be presumed to be an agreement, pursuant to Sections 100 and 101, that those assets retain their character in the aggregate for purposes of any division provided by the trust. This section shall apply to all transfers prior to, on, or after January 1, 2000. (Added by Stats. 1999, Ch. 263, Sec. 1. Effective January 1, 2000.)
  93. 1040.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1040. This chapter governs the hearing of all matters under this code, except where the statute that provides for the hearing of the matter prescribes a different procedure. (Enacted by Stats. 1990, Ch. 79.)
  94. 10400.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10400 - 10406] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10400 - 10406] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 10400. This part shall be known and may be cited as the Independent Administration of Estates Act. (Enacted by Stats. 1990, Ch. 79.)
  95. 10401.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10400 - 10406] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “court supervision” for this part.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10400 - 10406] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 10401. As used in this part, “court supervision” means the judicial order, authorization, approval, confirmation, or instructions that would be required if authority to administer the estate had not been granted under this part. (Enacted by Stats. 1990, Ch. 79.)
  96. 10402.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10400 - 10406] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10400 - 10406] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 10402. As used in this part, “full authority” means authority to administer the estate under this part that includes all the powers granted under this part. (Enacted by Stats. 1990, Ch. 79.)
  97. 10403.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10400 - 10406] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10400 - 10406] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 10403. As used in this part, “limited authority” means authority to administer the estate under this part that includes all the powers granted under this part except the power to do any of the following: (a) Sell real property. (b) Exchange real property. (c) Grant an option to purchase real property. (d) Borrow money with the loan secured by an encumbrance upon real property. (Enacted by Stats. 1990, Ch. 79.)
  98. 10404.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10400 - 10406] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10400 - 10406] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 10404. The personal representative may not be granted authority to administer the estate under this part if the decedent’s will provides that the estate shall not be administered under this part. (Enacted by Stats. 1990, Ch. 79.)
  99. 10405.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10400 - 10406] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10400 - 10406] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 10405. A special administrator may be granted authority to administer the estate under this part if the special administrator is appointed with, or has been granted, the powers of a general personal representative. (Enacted by Stats. 1990, Ch. 79.)
  100. 10406.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10400 - 10406] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10400 - 10406] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 10406. (a) Subject to subdivision (b), this part applies in any case where authority to administer the estate is granted under this part or where independent administration authority was granted under prior law. (b) If the personal representative was granted independent administration authority prior to July 1, 1988, the personal representative may use that existing authority on and after July 1, 1988, to borrow money on a loan secured by an encumbrance upon real property, whether or not that existing authority includes the authority to sell real property. (Amended by Stats. 1990, Ch. 710, Sec. 28. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  101. 1041.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1041. When a petition, report, account, or other matter that requires a hearing is filed with the court clerk, the clerk shall set the matter for hearing. (Enacted by Stats. 1990, Ch. 79.)
  102. 1042.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1042. A hearing under this code shall be on notice unless the statute that provides for the hearing dispenses with notice. (Enacted by Stats. 1990, Ch. 79.)
  103. 1043.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1043. (a) An interested person may appear and make a response or objection in writing at or before the hearing. (b) An interested person may appear and make a response or objection orally at the hearing. The court in its discretion shall either hear and determine the response or objection at the hearing, or grant a continuance for the purpose of allowing a response or objection to be made in writing. (c) A request for a continuance for the purpose of making a written response or objection shall not itself be considered as a response or objection, nor shall the failure to make a response or objection during the time allowed be considered as a response or objection. (Enacted by Stats. 1990, Ch. 79.)
  104. 1044.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1044. The petitioner or other party affirming is the plaintiff and the party objecting or responding is the defendant. (Enacted by Stats. 1990, Ch. 79.)
  105. 1045.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1045. The court may continue or postpone any hearing, from time to time, in the interest of justice. (Enacted by Stats. 1990, Ch. 79.)
  106. 10450.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Granting or Revoking Independent Administration Authority [10450 - 10454] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Granting or Revoking Independent Administration Authority [10450 - 10454] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 10450. (a) To obtain authority to administer the estate under this part, the personal representative shall petition the court for that authority either in the petition for appointment of the personal representative or in a separate petition filed in the estate proceedings. (b) The petition may request either of the following: (1) Full authority to administer the estate under this part. (2) Limited authority to administer the estate under this part. (Enacted by Stats. 1990, Ch. 79.)
  107. 10451.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Granting or Revoking Independent Administration Authority [10450 - 10454] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Granting or Revoking Independent Administration Authority [10450 - 10454] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 10451. (a) If the authority to administer the estate under this part is requested in the petition for appointment of the personal representative, notice of the hearing on the petition shall be given for the period and in the manner applicable to the petition for appointment. (b) Where proceedings for the administration of the estate are pending at the time a petition is filed under Section 10450, 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) Each person named as executor in the will of the decedent. (c) The notice of hearing of the petition for authority to administer the estate under this part, whether included in the petition for appointment or in a separate petition, shall include the substance of the following statement: “The petition requests authority to administer the estate under the Independent Administration of Estates Act. This will avoid the need to obtain court approval for many actions taken in connection with the estate. However, before taking certain actions, the personal representative will be required to give notice to interested persons unless they have waived notice or have consented to the proposed action. Independent administration authority will be granted unless good cause is shown why it should not be.” (Enacted by Stats. 1990, Ch. 79.)
  108. 10452.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Granting or Revoking Independent Administration Authority [10450 - 10454] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Granting or Revoking Independent Administration Authority [10450 - 10454] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 10452. Unless an interested person objects as provided in Section 1043 to the granting of authority to administer the estate under this part and the court determines that the objecting party has shown good cause why the authority to administer the estate under this part should not be granted, the court shall grant the requested authority. If the objecting party has shown good cause why only limited authority should be granted, the court shall grant only limited authority. (Enacted by Stats. 1990, Ch. 79.)
  109. 10453.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Granting or Revoking Independent Administration Authority [10450 - 10454] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Granting or Revoking Independent Administration Authority [10450 - 10454] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 10453. (a) If the personal representative is otherwise required to file a bond and has full authority, the court, in its discretion, shall fix the amount of the bond at not more than the estimated value of the personal property, the estimated value of the decedent’s interest in the real property authorized to be sold under this part, and the probable annual gross income of the estate, or, if the bond is to be given by personal sureties, at not less than twice that amount. (b) If the personal representative is otherwise required to file a bond and has limited authority, the court, in its discretion, shall fix the amount of the bond at not more than the estimated value of the personal property and the probable annual gross income of the estate, or, if the bond is to be given by personal sureties, at not less than twice that amount. (Enacted by Stats. 1990, Ch. 79.)
  110. 10454.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Granting or Revoking Independent Administration Authority [10450 - 10454] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Granting or Revoking Independent Administration Authority [10450 - 10454] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 10454. (a) Any interested person may file a petition requesting that the court make either of the following orders: (1) An order revoking the authority of the personal representative to continue administration of the estate under this part. (2) An order revoking the full authority of the personal representative to administer the estate under this part and granting the personal representative limited authority to administer the estate under this part. (b) The petition shall set forth the basis for the requested order. (c) Notice of the hearing on the petition shall be given as provided in Section 1220. In addition, the personal representative shall be served with a copy of the petition and a notice of the time and place of the hearing at least 15 days prior to the hearing. Service on the personal representative shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such manner as may be authorized by the court. (d) If the court determines that good cause has been shown, the court shall make an order revoking the authority of the personal representative to continue administration of the estate under this part. Upon the making of the order, new letters shall be issued without the notation described in subdivision (c) of Section 8405. (e) If the personal representative was granted full authority and the court determines that good cause has been shown, the court shall make an order revoking the full authority and granting the personal representative limited authority. Upon the making of the order, new letters shall be issued with the notation described in subdivision (c) of Section 8405 that is required where the authority granted is limited authority. (Enacted by Stats. 1990, Ch. 79.)
  111. 1046.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1046. The court shall hear and determine any matter at issue and any response or objection presented, consider evidence presented, and make appropriate orders. (Enacted by Stats. 1990, Ch. 79.)
  112. 1047.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1047. Except as otherwise provided in this code, an order made in a proceeding under this code need not recite the existence of facts, or the performance of acts, upon which jurisdiction depends, but need only contain the matters ordered. (Enacted by Stats. 1990, Ch. 79.)
  113. 1048.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1048. (a) Except as provided in subdivision (b), orders shall be either entered at length in the minute book of the court or signed by the judge and filed. (b) An order for distribution shall be entered at length in a judgment book or other permanent record of the court. (Enacted by Stats. 1990, Ch. 79.)
  114. 1049.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1049. An order may be enforced as provided in Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure. (Enacted by Stats. 1990, Ch. 79.)
  115. 105.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105] ( Part 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 105. This part does not apply where the decedent died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where the decedent died before January 1, 1985. (Enacted by Stats. 1990, Ch. 79.)
  116. 1050.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1050. The judgment roll in a proceeding under this code consists of the following papers, where applicable: (a) In all cases: (1) The petition, application, report, or account that initiates a particular proceeding. (2) Any order directing notice of the hearing to be given. (3) Any notice of the hearing, and any order to show cause made in the proceeding, with the affidavits showing publication, posting, or delivery pursuant to Section 1215 of the notice or order as may be required by law or court order. (4) Any citation, in case no answer or written opposition is filed by a party entitled, by law or court order, to notice of the proceeding by citation, with the affidavit or proof of service and, if service of the citation is made by publication, the affidavit of publication and the order directing publication. (5) Any finding of the court or referee in the proceeding. (6) The order or statement of decision made in the proceeding. (7) Any letters, as defined in Section 52. (b) If an answer, demurrer, written opposition, or counter petition is filed in a proceeding: (1) Pleadings and papers in the nature of pleadings. (2) Any orders striking out a pleading in whole or in part. (3) Any order made on demurrer, or relating to a change of parties, in the proceeding. (4) The verdict of the jury, if any. (c) If the proceeding is for the probate of a will, the will. (d) If the proceeding is a contest of a will, for the revocation of the probate of a will, or for a preliminary or final distribution of the estate under a will: (1) The will. (2) The order admitting the will to probate. (e) If the proceeding is for the settlement of the final account of a personal representative or for the final distribution of an estate, the affidavit showing publication of notice to creditors. (Amended by Stats. 2017, Ch. 319, Sec. 13. (AB 976) Effective January 1, 2018.)
  117. 10500.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10500 - 10503] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10500 - 10503] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 10500. (a) Subject to the limitations and conditions of this part, a personal representative who has been granted authority to administer the estate under this part may administer the estate as provided in this part without court supervision, but in all other respects the personal representative shall administer the estate in the same manner as a personal representative who has not been granted authority to administer the estate under this part. (b) Notwithstanding subdivision (a), the personal representative may obtain court supervision as provided in this code of any action to be taken by the personal representative during administration of the estate. (Enacted by Stats. 1990, Ch. 79.)
  118. 10501.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10500 - 10503] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10500 - 10503] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 10501. (a) Notwithstanding any other provision of this part, whether the personal representative has been granted full authority or limited authority, a personal representative who has obtained authority to administer the estate under this part is required to obtain court supervision, in the manner provided in this code, for any of the following actions: (1) Allowance of the personal representative’s compensation. (2) Allowance of compensation of the attorney for the personal representative. (3) Settlement of accounts. (4) Subject to Section 10520, preliminary and final distributions and discharge. (5) Sale of property of the estate to the personal representative or to the attorney for the personal representative. (6) Exchange of property of the estate for property of the personal representative or for property of the attorney for the personal representative. (7) Grant of an option to purchase property of the estate to the personal representative or to the attorney for the personal representative. (8) Allowance, payment, or compromise of a claim of the personal representative, or the attorney for the personal representative, against the estate. (9) Compromise or settlement of a claim, action, or proceeding by the estate against the personal representative or against the attorney for the personal representative. (10) Extension, renewal, or modification of the terms of a debt or other obligation of the personal representative, or the attorney for the personal representative, owing to or in favor of the decedent or the estate. (b) Notwithstanding any other provision of this part, a personal representative who has obtained only limited authority to administer the estate under this part is required to obtain court supervision, in the manner provided in this code, for any of the following actions: (1) Sale of real property. (2) Exchange of real property. (3) Grant of an option to purchase real property. (4) Borrowing money with the loan secured by an encumbrance upon real property. (c) Paragraphs (5) to (10), inclusive, of subdivision (a) do not apply to a transaction between the personal representative as such and the personal representative as an individual where all of the following requirements are satisfied: (1) Either (A) the personal representative is the sole beneficiary of the estate or (B) all the known heirs or devisees have consented to the transaction. (2) The period for filing creditor claims has expired. (3) No request for special notice is on file or all persons who filed a request for special notice have consented to the transaction. (4) The claim of each creditor who filed a claim has been paid, settled, or withdrawn, or the creditor has consented to the transaction. (Amended by Stats. 1992, Ch. 178, Sec. 37. Effective January 1, 1993.)
  119. 10502.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10500 - 10503] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10500 - 10503] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 10502. (a) Subject to the conditions and limitations of this part and to Section 9600, a personal representative who has been granted authority to administer the estate under this part has the powers described in Article 2 (commencing with Section 10510), Article 3 (commencing with Section 10530), and Article 4 (commencing with Section 10550). (b) The will may restrict the powers that the personal representative may exercise under this part. (Enacted by Stats. 1990, Ch. 79.)
  120. 10503.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10500 - 10503] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. General Provisions [10500 - 10503] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 10503. Subject to the limitations and requirements of this part, when the personal representative exercises the authority to sell property of the estate under this part, the personal representative may sell the property either at public auction or private sale, and with or without notice, for such price, for cash or on credit, and upon such terms and conditions as the personal representative may determine, and the requirements applicable to court confirmation of sales of real property (including, but not limited to, publication of notice of sale, court approval of agents’ and brokers’ commissions, sale at not less than 90 percent of appraised value, and court examination into the necessity for the sale, advantage to the estate and benefit to interested persons, and efforts of the personal representative to obtain the highest and best price for the property reasonably attainable), and the requirements applicable to court confirmation of sales of personal property, do not apply to the sale. (Enacted by Stats. 1990, Ch. 79.)
  121. 1051.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Hearings and Orders [1040 - 1051] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 1051. (a) In the absence of a stipulation to the contrary between parties who have filed pleadings in a proceeding under this code, there shall be no ex parte communications between any party, or attorney for the party, and the court concerning a subject raised in those pleadings, except as permitted or required by law. (b) Notwithstanding subdivision (a), in any case upon which the court has exercised its jurisdiction, the court may refer to the court investigator or take other appropriate action in response to an ex parte communication regarding either or both of the following: (1) A fiduciary, as defined in Section 39, about the fiduciary’s performance of their duties and responsibilities. (2) A person who is the subject of a conservatorship or guardianship proceeding under Division 4 (commencing with Section 1400). (c) An action by the court pursuant to subdivision (b) shall be consistent with due process and the requirements of this code. The court shall disclose the ex parte communication to all parties and counsel. The court may, for good cause, dispense with the disclosure if necessary to protect the ward or conservatee from harm. (d) If the court imposes a penalty, including, but not limited to, a surcharge, punishment for contempt, suspension, or removal, on a professional fiduciary, the court shall report that action to the Professional Fiduciaries Bureau. If the court reports an action taken under this section, the court shall provide the bureau, at no charge, with access to the information, including confidential information, regarding its investigation of the professional fiduciary contained in the court records. The bureau shall maintain the confidentiality of the information, as required by paragraph (4) of subdivision (a) of Section 6580 of the Business and Professions Code or any other applicable state or federal law. (e) A superior court shall not be required to perform any duties imposed by this section until the Legislature makes an appropriation identified for this purpose. (Amended by Stats. 2021, Ch. 417, Sec. 3. (AB 1194) Effective January 1, 2022.)
  122. 10510.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 10510. The personal representative may exercise the powers described in this article only if the requirements of Chapter 4 (commencing with Section 10580) (notice of proposed action procedure) are satisfied. (Enacted by Stats. 1990, Ch. 79.)
  123. 10511.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 10511. The personal representative who has full authority has the power to sell or exchange real property of the estate. (Enacted by Stats. 1990, Ch. 79.)
  124. 10512.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 10512. The personal representative has the power to sell or incorporate any of the following: (a) An unincorporated business or venture in which the decedent was engaged at the time of the decedent’s death. (b) An unincorporated business or venture which was wholly or partly owned by the decedent at the time of the decedent’s death. (Enacted by Stats. 1990, Ch. 79.)
  125. 10513.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 10513. The personal representative has the power to abandon tangible personal property where the cost of collecting, maintaining, and safeguarding the property would exceed its fair market value. (Enacted by Stats. 1990, Ch. 79.)
  126. 10514.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 10514. (a) Subject to subdivision (b), the personal representative has the following powers: (1) The power to borrow. (2) The power to place, replace, renew, or extend any encumbrance upon any property of the estate. (b) Only a personal representative who has full authority has the power to borrow money with the loan secured by an encumbrance upon real property. (Enacted by Stats. 1990, Ch. 79.)
  127. 10515.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 10515. The personal representative who has full authority has the power to grant an option to purchase real property of the estate for a period within or beyond the period of administration. (Enacted by Stats. 1990, Ch. 79.)
  128. 10516.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 10516. If the will gives a person the option to purchase real or personal property and the person has complied with the terms and conditions stated in the will, the personal representative has the power to convey or transfer the property to the person. (Enacted by Stats. 1990, Ch. 79.)
  129. 10517.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 10517. The personal representative has the power to convey or transfer real or personal property to complete a contract entered into by the decedent to convey or transfer the property. (Enacted by Stats. 1990, Ch. 79.)
  130. 10518.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 10518. The personal representative has the power to allow, compromise, or settle any of the following: (a) A third-party claim to real or personal property if the decedent died in possession of, or holding title to, the property. (b) The decedent’s claim to real or personal property title to or possession of which is held by another. (Enacted by Stats. 1990, Ch. 79.)
  131. 10519.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    The personal representative has power to make a disclaimer.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 10519. The personal representative has the power to make a disclaimer. (Enacted by Stats. 1990, Ch. 79.)
  132. 10520.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action [10510 - 10520] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 10520. If the time for filing claims has expired and it appears that the distribution may be made without loss to creditors or injury to the estate or any interested person, the personal representative has the power to make preliminary distributions of the following: (a) Income received during administration to the persons entitled under Chapter 8 (commencing with Section 12000) of Part 10. (b) Household furniture and furnishings, motor vehicles, clothing, jewelry, and other tangible articles of a personal nature to the persons entitled to the property under the decedent’s will, not to exceed an aggregate fair market value to all persons of fifty thousand dollars ($50,000) computed cumulatively through the date of distribution. Fair market value shall be determined on the basis of the inventory and appraisal. (c) Cash to general pecuniary devisees entitled to it under the decedent’s will, not to exceed ten thousand dollars ($10,000) to any one person. (Added by Stats. 1992, Ch. 178, Sec. 38. Effective January 1, 1993.)
  133. 10530.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10530. Except to the extent that this article otherwise provides, the personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (Enacted by Stats. 1990, Ch. 79.)
  134. 10531.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10531. (a) The personal representative has the power to manage and control property of the estate, including making allocations and determinations under the Uniform Principal and Income Act, Chapter 3 (commencing with Section 16320) of Part 4 of Division 9. Except as provided in subdivision (b), the personal representative may exercise this power without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (b) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) in any case where a provision of Chapter 3 (commencing with Section 10500) governing the exercise of a specific power so requires. (Amended by Stats. 1999, Ch. 145, Sec. 3. Effective January 1, 2000.)
  135. 10532.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10532. (a) The personal representative has the power to enter into a contract in order to carry out the exercise of a specific power granted by this part, including, but not limited to, the powers granted by Sections 10531 and 10551. Except as provided in subdivision (b), the personal representative may exercise this power without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (b) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) where the contract is one that by its provisions is not to be fully performed within two years, except that the personal representative is not required to comply with those requirements if the personal representative has the unrestricted right under the contract to terminate the contract within two years. (c) Nothing in this section excuses compliance with the requirements of Chapter 4 (commencing with Section 10580) when the contract is made to carry out the exercise of a specific power and the provision that grants that power requires compliance with Chapter 4 (commencing with Section 10580) for the exercise of the power. (Enacted by Stats. 1990, Ch. 79.)
  136. 10533.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10533. (a) The personal representative has the power to do all of the following: (1) Deposit money belonging to the estate in an insured account in a financial institution in this state. (2) Invest money of the estate in any one or more of the following: (A) Direct obligations of the United States, or of the State of California, maturing not later than one year from the date of making the investment. (B) An interest in a money market mutual fund registered under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.) or an investment vehicle authorized for the collective investment of trust funds pursuant to Section 9.18 of Part 9 of Title 12 of the Code of Federal Regulations, the portfolios of which are limited to United States government obligations maturing not later than five years from the date of investment and to repurchase agreements fully collateralized by United States government obligations. (C) Units of a common trust fund described in Section 1564 of the Financial Code. The common trust fund shall have as its objective investment primarily in short term fixed income obligations and shall be permitted to value investments at cost pursuant to regulations of the appropriate regulatory authority. (D) Eligible securities for the investment of surplus state moneys as provided for in Section 16430 of the Government Code. (3) Invest money of the estate in any manner provided by the will. (b) Except as provided in subdivision (c), the personal representative may exercise the powers described in subdivision (a) without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (c) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) where the personal representative exercises the power to make any investment pursuant to the power granted by subparagraph (D) of paragraph (2) of subdivision (a) or paragraph (3) of subdivision (a), except that the personal representative may invest in direct obligations of the United States, or of the State of California, maturing not later than one year from the date of making the investment without complying with the requirements of Chapter 4 (commencing with Section 10580). (Enacted by Stats. 1990, Ch. 79.)
  137. 10534.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10534. (a) Subject to the partnership agreement and the provisions of the Uniform Partnership Act of 1994 (Chapter 5 (commencing with Section 16100) of Title 2 of the Corporations Code), the personal representative has the power to continue as a general partner in any partnership in which the decedent was a general partner at the time of death. (b) The personal representative has the power to continue operation of any of the following: (1) An unincorporated business or venture in which the decedent was engaged at the time of the decedent’s death. (2) An unincorporated business or venture which was wholly or partly owned by the decedent at the time of the decedent’s death. (c) Except as provided in subdivision (d), the personal representative may exercise the powers described in subdivisions (a) and (b) without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (d) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) if the personal representative continues as a general partner under subdivision (a), or continues the operation of any unincorporated business or venture under subdivision (b), for a period of more than six months from the date letters are first issued to a personal representative. (Amended by Stats. 2003, Ch. 32, Sec. 11. Effective January 1, 2004.)
  138. 10535.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10535. (a) The personal representative has the power to pay a reasonable family allowance. Except as provided in subdivision (b), the personal representative may exercise this power without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (b) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) for all of the following: (1) Making the first payment of a family allowance. (2) Making the first payment of a family allowance for a period commencing more than 12 months after the death of the decedent. (3) Making any increase in the amount of the payment of a family allowance. (Enacted by Stats. 1990, Ch. 79.)
  139. 10536.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10536. (a) The personal representative has the power to enter as lessor into a lease of property of the estate for any purpose (including, but not limited to, exploration for and production or removal of minerals, oil, gas, or other hydrocarbon substances or geothermal energy, including a community oil lease or a pooling or unitization agreement) for such period, within or beyond the period of administration, and for such rental or royalty or both, and upon such other terms and conditions as the personal representative may determine. Except as provided in subdivisions (b) and (c), the personal representative may exercise this power without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (b) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) where the personal representative enters into a lease of real property for a term in excess of one year. If the lease gives the lessee the right to extend the term of the lease, the lease shall be considered as if the right to extend has been exercised. (c) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) where the personal representative enters into a lease of personal property and the lease is one described in subdivision (b) of Section 10532. (Enacted by Stats. 1990, Ch. 79.)
  140. 10537.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10537. (a) The personal representative has the power to sell personal property of the estate or to exchange personal property of the estate for other property upon such terms and conditions as the personal representative may determine. Except as provided in subdivision (b), the personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) in exercising this power. (b) The personal representative may exercise the power granted by subdivision (a) without giving notice of proposed action under Chapter 4 (commencing with Section 10580) in case of the sale or exchange of any of the following: (1) A security sold on an established stock or bond exchange. (2) A security designated as a national market system security on an interdealer quotation system, or subsystem thereof, by the National Association of Securities Dealers, Inc., sold through a broker-dealer registered under the Securities Exchange Act of 1934 during the regular course of business of the broker-dealer. (3) Personal property referred to in Section 10202 or 10259 when sold for cash. (4) A security described in Section 10200 surrendered for redemption or conversion. (Enacted by Stats. 1990, Ch. 79.)
  141. 10538.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances [10530 - 10538] ( Article 3 enacted by Stats. 1990, Ch. 79. ) ## 10538. (a) The personal representative has the following powers: (1) The power to grant an exclusive right to sell property for a period not to exceed 90 days. (2) The power to grant to the same broker one or more extensions of an exclusive right to sell property, each extension being for a period not to exceed 90 days. (b) Except as provided in subdivision (c), the personal representative may exercise the powers described in subdivision (a) without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (c) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) where the personal representative grants to the same broker an extension of an exclusive right to sell property and the period of the extension, together with the periods of the original exclusive right to sell the property and any previous extensions of that right, is more than 270 days. (Enacted by Stats. 1990, Ch. 79.)
  142. 10550.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10550. The personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (Enacted by Stats. 1990, Ch. 79.)
  143. 10551.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10551. In addition to the powers granted to the personal representative by other sections of this chapter, the personal representative has all the powers that the personal representative could exercise without court supervision under this code if the personal representative had not been granted authority to administer the estate under this part. (Enacted by Stats. 1990, Ch. 79.)
  144. 10552.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10552. The personal representative has the power to do all of the following: (a) Allow, pay, reject, or contest any claim by or against the estate. (b) Compromise or settle a claim, action, or proceeding by or for the benefit of, or against, the decedent, the personal representative, or the estate. (c) Release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible. (d) Allow a claim to be filed after the expiration of the time for filing the claim. (Amended by Stats. 1996, Ch. 862, Sec. 29. Effective January 1, 1997.)
  145. 10553.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10553. The personal representative has the power to do all of the following: (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. (Enacted by Stats. 1990, Ch. 79.)
  146. 10554.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10554. The personal representative has the power to extend, renew, or in any manner modify the terms of an obligation owing to or in favor of the decedent or the estate. (Enacted by Stats. 1990, Ch. 79.)
  147. 10555.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10555. The personal representative has the power to convey or transfer property in order to carry out the exercise of a specific power granted by this part. (Enacted by Stats. 1990, Ch. 79.)
  148. 10556.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10556. The personal representative has the power to pay all of the following: (a) Taxes and assessments. (b) Expenses incurred in the collection, care, and administration of the estate. (Enacted by Stats. 1990, Ch. 79.)
  149. 10557.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10557. The personal representative has the power to purchase an annuity from an insurer admitted to do business in this state to satisfy a devise of an annuity or other direction in the will for periodic payments to a devisee. (Enacted by Stats. 1990, Ch. 79.)
  150. 10558.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10558. The personal representative has the power to exercise an option right that is property of the estate. (Enacted by Stats. 1990, Ch. 79.)
  151. 10559.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10559. The personal representative has the power to purchase securities or commodities required to perform an incomplete contract of sale where the decedent died having sold but not delivered securities or commodities not owned by the decedent. (Enacted by Stats. 1990, Ch. 79.)
  152. 10560.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10560. The personal representative has the power to hold a security in the name of a nominee or in any other form without disclosure of the estate, so that title to the security may pass by delivery. (Enacted by Stats. 1990, Ch. 79.)
  153. 10561.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may exercise security subscription or conversion rights.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10561. The personal representative has the power to exercise security subscription or conversion rights. (Enacted by Stats. 1990, Ch. 79.)
  154. 10562.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10562. The personal representative has the power to make repairs and improvements to real and personal property of the estate. (Enacted by Stats. 1990, Ch. 79.)
  155. 10563.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10563. The personal representative has the power to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage or sale under the deed of trust. (Enacted by Stats. 1990, Ch. 79.)
  156. 10564.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Administration Under Independent Administration Authority [10500 - 10564] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action [10550 - 10564] ( Article 4 enacted by Stats. 1990, Ch. 79. ) ## 10564. The personal representative has the power to give a partial satisfaction of a mortgage or to cause a partial reconveyance to be executed by a trustee under a deed of trust held by the estate. (Enacted by Stats. 1990, Ch. 79.)
  157. 10580.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 10580. (a) A personal representative who has been granted authority to administer the estate under this part shall give notice of proposed action as provided in this chapter prior to the taking of the proposed action without court supervision if the provision of Chapter 3 (commencing with Section 10500) giving the personal representative the power to take the action so requires. Nothing in this subdivision authorizes a personal representative to take an action under this part if the personal representative does not have the power to take the action under this part. (b) A personal representative who has been granted authority to administer the estate under this part may give notice of proposed action as provided in this chapter even if the provision of Chapter 3 (commencing with Section 10500) giving the personal representative the power to take the action permits the personal representative to take the action without giving notice of proposed action. Nothing in this subdivision requires the personal representative to give notice of proposed action where not required under subdivision (a) or authorizes a personal representative to take any action that the personal representative is not otherwise authorized to take. (Enacted by Stats. 1990, Ch. 79.)
  158. 10581.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 10581. Except as provided in Sections 10582 and 10583, notice of proposed action shall be given to all of the following: (a) Each known devisee whose interest in the estate would be affected by the proposed action. (b) Each known heir whose interest in the estate would be affected by the proposed action. (c) Each person who has filed a request under Chapter 6 (commencing with Section 1250) of Part 2, of Division 3 for special notice of petitions filed in the administration proceeding. (d) 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 proposed action. (Enacted by Stats. 1990, Ch. 79.)
  159. 10582.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 10582. Notice of proposed action need not be given to any person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken. (Enacted by Stats. 1990, Ch. 79.)
  160. 10583.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 10583. (a) Notice of proposed action need not be given to any person who, in writing, waives the right to notice of proposed action with respect to the particular proposed action. The waiver may be executed at any time before or after the proposed action is taken. The waiver shall describe the particular proposed action and may waive particular aspects of the notice, such as the delivery, mailing, or time requirements of Section 10586, or the giving of the notice in its entirety for the particular proposed action. (b) Notice of proposed action need not be given to any person who has executed the Statutory Waiver of Notice of Proposed Action Form prescribed by the Judicial Council and in that form has made either of the following: (1) A general waiver of the right to notice of proposed action. (2) A waiver of the right to notice of proposed action for all transactions of a type which includes the particular proposed action. (Enacted by Stats. 1990, Ch. 79.)
  161. 10584.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 10584. (a) A waiver or consent may be revoked only in writing and is effective only when the writing is received by the personal representative. (b) A copy of the revocation may be filed with the court, but the effectiveness of the revocation is not dependent upon a copy being filed with the court. (Enacted by Stats. 1990, Ch. 79.)
  162. 10585.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 10585. (a) The notice of proposed action shall state all of the following: (1) The name, mailing address, and electronic address of the personal representative. (2) The name, telephone number, and electronic address of a person who may be contacted for additional information. (3) The action proposed to be taken, with a reasonably specific description of the action. If the proposed action involves the sale or exchange of real property, or the granting of an option to purchase real property, the notice of proposed action shall state the material terms of the transaction, including, if applicable, the sale price and the amount of, or method of calculating, any commission or compensation paid or to be paid to an agent or broker in connection with the transaction. (4) The date on or after which the proposed action is to be taken. (b) The notice of proposed action may be given using the most current Notice of Proposed Action form prescribed by the Judicial Council. (c) If the most current form prescribed by the Judicial Council is not used to give notice of proposed action, the notice of proposed action shall satisfy all of the following requirements: (1) The notice of proposed action shall be in substantially the same form as the form prescribed by the Judicial Council. (2) The notice of proposed action shall contain the statements described in subdivision (a). (3) The notice of proposed action shall contain a form for objecting to the proposed action in substantially the form set out in the Judicial Council form. (Amended by Stats. 2017, Ch. 319, Sec. 80. (AB 976) Effective January 1, 2018.)
  163. 10586.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 10586. The notice of proposed action shall be delivered pursuant to Section 1215 to each person required to be given notice of proposed action not less than 15 days before the date specified in the notice of proposed action on or after which the proposed action is to be taken. If mailed, the notice of proposed action shall be addressed to the person at the person’s last known address. (Amended by Stats. 2017, Ch. 319, Sec. 81. (AB 976) Effective January 1, 2018.)
  164. 10587.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 10587. (a) Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section. (b) The objection to the proposed action is made by delivering pursuant to Section 1215 a written objection to the proposed action to the personal representative at the address stated in the notice of proposed action. The person objecting to the proposed action either may use the Judicial Council form or may make the objection in any other writing that identifies the proposed action with reasonable certainty and indicates that the person objects to the taking of the proposed action. (c) The personal representative is deemed to have notice of the objection to the proposed action if it is delivered or received at the address stated in the notice of proposed action before whichever of the following times is the later: (1) The date specified in the notice of proposed action on or after which the proposed action is to be taken. (2) The date the proposed action is actually taken. (Amended by Stats. 2017, Ch. 319, Sec. 82. (AB 976) Effective January 1, 2018.)
  165. 10588.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 10588. (a) Any person who is entitled to notice of proposed action for a proposed action described in subdivision (a) of Section 10580, or any person who is given notice of a proposed action described in subdivision (b) of Section 10580, may apply to the court having jurisdiction over the proceeding for an order restraining the personal representative from taking the proposed action without court supervision. The court shall grant the requested order without requiring notice to the personal representative and without cause being shown for the order. (b) The personal representative is deemed to have notice of the restraining order if it is served upon the personal representative in the same manner as is provided for in Section 415.10 or 415.30 of the Code of Civil Procedure, or in the manner authorized by the court, before whichever of the following times is the later: (1) The date specified in a notice of proposed action on or after which the proposed action is to be taken. (2) The date the proposed action is actually taken. (Enacted by Stats. 1990, Ch. 79.)
  166. 10589.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 10589. (a) If the proposed action is one that would require court supervision if the personal representative had not been granted authority to administer the estate under this part and the personal representative has notice of a written objection made under Section 10587 to the proposed action or a restraining order issued under Section 10588, the personal representative shall, if the personal representative desires to take the proposed action, take the proposed action under the provisions of this code dealing with court supervision of that kind of action. (b) If the proposed action is one that would not require court supervision even if the personal representative had not been granted authority to administer the estate under this part but the personal representative has given notice of the proposed action and has notice of a written objection made under Section 10587 to the proposed action or a restraining order issued under Section 10588, the personal representative shall, if he or she desires to take the proposed action, request instructions from the court concerning the proposed action. The personal representative may take the proposed action only under such order as may be entered by the court. (c) A person who objects to a proposed action as provided in Section 10587 or serves a restraining order issued under Section 10588 in the manner provided in that section shall be given notice of any hearing on a petition for court authorization or confirmation of the proposed action. (Amended by Stats. 1991, Ch. 82, Sec. 26. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
  167. 10590.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 10590. (a) Except as provided in subdivision (c), only a person described in Section 10581 has a right to have the court review the proposed action after it has been taken or otherwise to object to the proposed action after it has been taken. Except as provided in subdivisions (b) and (c), a person described in Section 10581 waives the right to have the court review the proposed action after it has been taken, or otherwise to object to the proposed action after it has been taken, if either of the following circumstances exists: (1) The person has been given notice of a proposed action, as provided in Sections 10580 to 10586, inclusive, and fails to object as provided in subdivision (d). (2) The person has waived notice of or consented to the proposed action as provided in Sections 10582 to 10584, inclusive. (b) Unless the person has waived notice of or consented to the proposed action as provided in Sections 10582 to 10584, inclusive, the court may review the action taken upon motion of a person described in Section 10581 who establishes that he or she did not actually receive the notice of proposed action before the time to object under subdivision (d) expires. (c) The court may review the action of the personal representative upon motion of an heir or devisee who establishes all of the following: (1) At the time the notice was given, the heir or devisee lacked capacity to object to the proposed action or was a minor. (2) No notice of proposed action was actually received by the guardian, conservator, or other legal representative of the heir or devisee. (3) The guardian, conservator, or other legal representative did not waive notice of proposed action. (4) The guardian, conservator, or other legal representative did not consent to the proposed action. (d) For the purposes of this section, an objection to a proposed action is made only by one or both of the following methods: (1) Delivering or mailing a written objection as provided in Section 10587 within the time specified in subdivision (c) of that section. (2) Serving a restraining order obtained under Section 10588 in the manner prescribed and within the time specified in subdivision (b) of that section. (Enacted by Stats. 1990, Ch. 79.)
  168. 10591.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 10591. (a) The failure of the personal representative to comply with subdivision (a) of Section 10580 and with Sections 10581, 10585, 10586, and 10589, and the taking of the action by the personal representative without such compliance, does not affect the validity of the action so taken or the title to any property conveyed or transferred to bona fide purchasers or the rights of third persons who, dealing in good faith with the personal representative, changed their position in reliance upon the action, conveyance, or transfer without actual notice of the failure of the personal representative to comply with those provisions. (b) No person dealing with the personal representative has any duty to inquire or investigate whether or not the personal representative has complied with the provisions listed in subdivision (a). (Enacted by Stats. 1990, Ch. 79.)
  169. 10592.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400 - 10592] ( Part 6 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Notice of Proposed Action Procedure [10580 - 10592] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 10592. (a) In a case where notice of proposed action is required by this chapter, the court in its discretion may remove the personal representative from office unless the personal representative does one of the following: (1) Gives notice of proposed action as provided in this chapter. (2) Obtains a waiver of notice of proposed action as provided in this chapter. (3) Obtains a consent to the proposed action as provided in this chapter. (b) The court in its discretion may remove the personal representative from office if the personal representative takes a proposed action in violation of Section 10589. (Enacted by Stats. 1990, Ch. 79.)
  170. 1060.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Accounts [1060 - 1064] ( Chapter 4 added by Stats. 1996, Ch. 862, Sec. 4. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Accounts [1060 - 1064] ( Chapter 4 added by Stats. 1996, Ch. 862, Sec. 4. ) ## 1060. This chapter governs all accounts to be filed with the court. Except as specifically provided elsewhere in this code, or unless good cause is shown therefore, no information in addition to that required in this chapter need be in an account. (Amended by Stats. 1997, Ch. 724, Sec. 5. Effective January 1, 1998.)
  171. 1060.5.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Accounts [1060 - 1064] ( Chapter 4 added by Stats. 1996, Ch. 862, Sec. 4. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Accounts [1060 - 1064] ( Chapter 4 added by Stats. 1996, Ch. 862, Sec. 4. ) ## 1060.5. This chapter shall be operative on and after July 1, 1997. (Added by Stats. 1996, Ch. 862, Sec. 4. Effective January 1, 1997. Note: This section prescribes a delayed operative date (July 1, 1997) for Chapter 4, commencing with Section 1060.)
  172. 1061.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Accounts [1060 - 1064] ( Chapter 4 added by Stats. 1996, Ch. 862, Sec. 4. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Accounts [1060 - 1064] ( Chapter 4 added by Stats. 1996, Ch. 862, Sec. 4. ) ## 1061. (a) All accounts shall state the period covered by the account and contain a summary showing all of the following, to the extent applicable: (1) The property on hand at the beginning of the period covered by the account, which shall be the value of the property initially received by the fiduciary if this is the first account, and shall be the property on hand at the end of the prior account if this is a subsequent account. (2) The value of any assets received during the period of the accounting which are not assets on hand as of the commencement of the administration of an estate. (3) The amount of any receipts of income or principal, excluding items listed under paragraphs (1) and (2) or receipts from a trade or business. (4) Net income from a trade or business. (5) Gains on sales. (6) The amount of disbursements, excluding disbursements for a trade or business or distributions. (7) Loss on sales. (8) Net loss from trade or business. (9) Distributions to beneficiaries, the ward or conservatee. (10) Property on hand at the end of the accounting period, stated at its carry value. (b) The summary shall be in a format substantially the same as the following, except that inapplicable categories need not be shown: SUMMARY OF ACCOUNT CHARGES: Property on hand at beginning of account (or Inventories) $ Additional property received (or Supplemental Inventories) Receipts (Schedule ______) Gains on Sale or Other Disposition (Schedule _______) Net income from trade or business (Schedule_______) Total Charges: $ CREDITS: Disbursements (Schedule _______) $ Losses on Sale or Other Disposition (Schedule _______) Net loss from trade or business (Schedule ______) Distributions (Schedule ______) Property on hand at close of account (Schedule ______) Total Credits: $ (c) Total charges shall equal total credits. (d) For purposes of this section, the terms “net income” and “net loss” shall be utilized in accordance with general accounting principles. Nothing in this section is intended to require that the preparation of the summary must include “net income” and “net loss” as reflected in the tax returns governing the period of the account. (Amended by Stats. 1997, Ch. 724, Sec. 6. Effective January 1, 1998.)
  173. 1062.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Accounts [1060 - 1064] ( Chapter 4 added by Stats. 1996, Ch. 862, Sec. 4. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Accounts [1060 - 1064] ( Chapter 4 added by Stats. 1996, Ch. 862, Sec. 4. ) ## 1062. The summary shall be supported by detailed schedules showing the following: (a) Receipts, showing the nature or purpose of each item, the source of the receipt, and the date thereof. (b) Disbursement, including the nature or purpose of each item, the name of the payee, and the date thereof. (c) Net income or loss from a trade or business, which shall be sufficient if it provides the information disclosed on Schedule C or F of the federal income tax return. (d) Calculation of gains or losses on sale or other disposition. (e) Distributions of cash or property to beneficiaries, ward or conservatee, showing the date and amount of each, with the distribution of property shown at its carry value. (f) Itemized list of property on hand, describing each item at its carry value. (Added by Stats. 1996, Ch. 862, Sec. 4. Effective January 1, 1997. Section operative July 1, 1997, pursuant to Section 1060.5.)
  174. 1063.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Accounts [1060 - 1064] ( Chapter 4 added by Stats. 1996, Ch. 862, Sec. 4. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Accounts [1060 - 1064] ( Chapter 4 added by Stats. 1996, Ch. 862, Sec. 4. ) ## 1063. (a) In all accounts, there shall be an additional schedule showing the estimated market value of the assets on hand as of the end of the accounting period, and a schedule of the estimated market value of the assets on hand as of the beginning of the accounting period for all accounts subsequent to the initial account. The requirement of an estimated value of real estate, a closely held business, or other assets without a ready market, may be satisfied by a good faith estimate by the fiduciary. (b) If there were purchases or other changes in the form of assets occurring during the period of the account, there shall be a schedule showing these transactions. However, no reporting is required for transfers between cash or accounts in a financial institution or money market mutual funds as defined in subdivision (d) of Section 8901. (c) If an estate of a decedent or a trust will be distributed to an income beneficiary, there shall be a schedule showing an allocation of receipts and disbursements between principal and income. (d) If there is specifically devised property, there shall be an additional schedule accounting for income, disbursements, and proceeds of sale pursuant to Section 12002 and subdivision (a) of Section 16340. (e) If any interest has been paid or is to be paid under Section 12003, 12004, or 12005, or subdivision (b) of Section 16340, there shall be a schedule showing the calculation of the interest. (f) If the accounting contemplates a proposed distribution, there shall be a schedule setting forth the proposed distribution, including the allocation of income required under Section 12006. If the distribution requires an allocation between trusts, the allocation shall be set forth on the schedule, unless the allocation is to be made by a trustee after receipt of the assets. If the distribution requires valuation of assets as of the date of distribution, the schedule shall set forth the fair market value of those assets. (g) If, at the end of the accounting period, there are liabilities of the estate or trust, except current or future periodic payments, including rent, salaries, utilities, or other recurring expenses, there shall be a schedule showing all of the following: (1) All liabilities which are a lien on estate or trust assets. (2) Taxes due but unpaid as shown on filed returns or assessments received subsequent to filing of returns. (3) All notes payable. (4) Any judgments for which the estate or trust is liable. (5) Any other material liability. (h) If the guardian or conservator has knowledge of any real property of the conservatee or ward located in a foreign jurisdiction, the guardian or conservator shall include an additional schedule that identifies the real property, provides a good faith estimate of the fair market value of the real property, and states what action, if any, will or has been taken to preserve and protect the real property, including a recommendation whether an ancillary proceeding is necessary to preserve and protect the real property. (Amended by Stats. 2008, Ch. 52, Sec. 1. Effective January 1, 2009.)
  175. 1064.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Accounts [1060 - 1064] ( Chapter 4 added by Stats. 1996, Ch. 862, Sec. 4. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] ( Division 3 enacted by Stats. 1990, Ch. 79. ) ## PART 1. GENERAL PROVISIONS [1000 - 1064] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Accounts [1060 - 1064] ( Chapter 4 added by Stats. 1996, Ch. 862, Sec. 4. ) ## 1064. (a) The petition for approval of the account or a report accompanying the petition shall contain all of the following: (1) A description of all sales, purchases, changes in the form of assets, or other transactions occurring during the period of the account that are not otherwise readily understandable from the schedule. (2) An explanation of any unusual items appearing in the account. (3) A statement of all compensation paid from the assets subject to the account to the fiduciary or to the attorneys for the fiduciary other than pursuant to a prior court order. (4) A statement disclosing any family or affiliate relationship between the fiduciary and any agent hired by the fiduciary during the accounting period. (5) An allegation disclosing whether all of the cash has been invested and maintained in interest bearing accounts or in investments authorized by law or the governing instrument, except for an amount of cash that is reasonably necessary for the orderly administration of the estate. (b) The filing of an account shall be deemed to include a petition requesting its approval, and may include additional petitions for authorization, instruction or confirmation authorized by the code, including, but not limited to, a request for an order for compensation of the fiduciary and the attorney for the fiduciary. (c) For purposes of this section, “family” means a relationship created by blood or marriage. For purposes of this section, “affiliate” means an entity that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with, the fiduciary. (Amended by Stats. 1997, Ch. 724, Sec. 8. Effective January 1, 1998.)
  176. 10800.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Compensation of Personal Representative [10800 - 10805] ( Heading of Article 1 added by Stats. 1990, Ch. 710, Sec. 33. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Compensation of Personal Representative [10800 - 10805] ( Heading of Article 1 added by Stats. 1990, Ch. 710, Sec. 33. ) ## 10800. (a) Subject to the provisions of this part, for ordinary services the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative, as follows: (1) Four percent on the first one hundred thousand dollars ($100,000). (2) Three percent on the next one hundred thousand dollars ($100,000). (3) Two percent on the next eight hundred thousand dollars ($800,000). (4) One percent on the next nine million dollars ($9,000,000). (5) One-half of one percent on the next fifteen million dollars ($15,000,000). (6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court. (b) For the purposes of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal value of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property. (Amended by Stats. 2001, Ch. 699, Sec. 2. Effective January 1, 2002.)
  177. 10801.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Compensation of Personal Representative [10800 - 10805] ( Heading of Article 1 added by Stats. 1990, Ch. 710, Sec. 33. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Compensation of Personal Representative [10800 - 10805] ( Heading of Article 1 added by Stats. 1990, Ch. 710, Sec. 33. ) ## 10801. (a) Subject to the provisions of this part, in addition to the compensation provided by Section 10800, the court may allow additional compensation for extraordinary services by the personal representative in an amount the court determines is just and reasonable. (b) The personal representative may also employ or retain tax counsel, tax auditors, accountants, or other tax experts for the performance of any action which such persons, respectively, may lawfully perform in the computation, reporting, or making of tax returns, or in negotiations or litigation which may be necessary for the final determination and payment of taxes, and pay from the funds of the estate for such services. (Amended by Stats. 1991, Ch. 82, Sec. 28. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
  178. 10802.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Compensation of Personal Representative [10800 - 10805] ( Heading of Article 1 added by Stats. 1990, Ch. 710, Sec. 33. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Compensation of Personal Representative [10800 - 10805] ( Heading of Article 1 added by Stats. 1990, Ch. 710, Sec. 33. ) ## 10802. (a) Except as otherwise provided in this section, if the decedent’s will makes provision for the compensation of the personal representative, the compensation provided by the will shall be the full and only compensation for the services of the personal representative. (b) The personal representative may petition the court to be relieved from a provision of the will that provides for the compensation of 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. (d) 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 for the personal representative in an amount greater than provided in the will. (Enacted by Stats. 1990, Ch. 79.)
  179. 10803.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Compensation of Personal Representative [10800 - 10805] ( Heading of Article 1 added by Stats. 1990, Ch. 710, Sec. 33. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Compensation of Personal Representative [10800 - 10805] ( Heading of Article 1 added by Stats. 1990, Ch. 710, Sec. 33. ) ## 10803. An agreement between the personal representative and an heir or devisee for higher compensation than that provided by this part is void. (Enacted by Stats. 1990, Ch. 79.)
  180. 10804.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Compensation of Personal Representative [10800 - 10805] ( Heading of Article 1 added by Stats. 1990, Ch. 710, Sec. 33. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Compensation of Personal Representative [10800 - 10805] ( Heading of Article 1 added by Stats. 1990, Ch. 710, Sec. 33. ) ## 10804. Notwithstanding any provision in the decedent’s will, a personal representative who is an attorney shall be entitled to receive the personal representative’s compensation as provided in this part, but shall not receive compensation for services as the attorney for the personal representative unless the court specifically approves the right to the compensation in advance and finds that the arrangement is to the advantage, benefit, and best interests of the decedent’s estate. (Amended by Stats. 2001, Ch. 699, Sec. 3. Effective January 1, 2002.)
  181. 10805.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Compensation of Personal Representative [10800 - 10805] ( Heading of Article 1 added by Stats. 1990, Ch. 710, Sec. 33. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Compensation of Personal Representative [10800 - 10805] ( Heading of Article 1 added by Stats. 1990, Ch. 710, Sec. 33. ) ## 10805. If there are two or more personal representatives, the personal representative’s compensation shall be apportioned among the personal representatives by the court according to the services actually rendered by each personal representative or as agreed to by the personal representatives. (Enacted by Stats. 1990, Ch. 79.)
  182. 10810.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Compensation of Attorney For the Personal Representative [10810 - 10814] ( Heading of Article 2 amended by Stats. 1996, Ch. 563, Sec. 27. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Compensation of Attorney For the Personal Representative [10810 - 10814] ( Heading of Article 2 amended by Stats. 1996, Ch. 563, Sec. 27. ) ## 10810. (a) Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative, as follows: (1) Four percent on the first one hundred thousand dollars ($100,000). (2) Three percent on the next one hundred thousand dollars ($100,000). (3) Two percent on the next eight hundred thousand dollars ($800,000). (4) One percent on the next nine million dollars ($9,000,000). (5) One-half of 1 percent on the next fifteen million dollars ($15,000,000). (6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court. (b) For the purposes of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property. (Amended by Stats. 2001, Ch. 699, Sec. 4. Effective January 1, 2002.)
  183. 10811.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Compensation of Attorney For the Personal Representative [10810 - 10814] ( Heading of Article 2 amended by Stats. 1996, Ch. 563, Sec. 27. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Compensation of Attorney For the Personal Representative [10810 - 10814] ( Heading of Article 2 amended by Stats. 1996, Ch. 563, Sec. 27. ) ## 10811. (a) Subject to the provisions of this part, in addition to the compensation provided by Section 10810, the court may allow additional compensation for extraordinary services by the attorney for the personal representative in an amount the court determines is just and reasonable. (b) Extraordinary services by the attorney for which the court may allow compensation include services by a paralegal performing the extraordinary services under the direction and supervision of an attorney. The petition for compensation shall set forth the hours spent and services performed by the paralegal. (c) An attorney for the personal representative may agree to perform extraordinary service on a contingent fee basis subject to the following conditions: (1) The agreement is written and complies with all the requirements of Section 6147 of the Business and Professions Code. (2) The agreement is approved by the court following a hearing noticed as provided in Section 10812. (3) The court determines that the compensation provided in the agreement is just and reasonable and the agreement is to the advantage of the estate and in the best interests of the persons who are interested in the estate. (Amended by Stats. 1993, Ch. 527, Sec. 4. Effective January 1, 1994.)
  184. 10812.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Compensation of Attorney For the Personal Representative [10810 - 10814] ( Heading of Article 2 amended by Stats. 1996, Ch. 563, Sec. 27. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Compensation of Attorney For the Personal Representative [10810 - 10814] ( Heading of Article 2 amended by Stats. 1996, Ch. 563, Sec. 27. ) ## 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. (Added by Stats. 1991, Ch. 82, Sec. 30. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
  185. 10813.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Compensation of Attorney For the Personal Representative [10810 - 10814] ( Heading of Article 2 amended by Stats. 1996, Ch. 563, Sec. 27. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Compensation of Attorney For the Personal Representative [10810 - 10814] ( Heading of Article 2 amended by Stats. 1996, Ch. 563, Sec. 27. ) ## 10813. An agreement between the personal representative and the attorney for higher compensation for the attorney than that provided by this part is void. (Added by Stats. 1991, Ch. 82, Sec. 30. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
  186. 10814.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Compensation of Attorney For the Personal Representative [10810 - 10814] ( Heading of Article 2 amended by Stats. 1996, Ch. 563, Sec. 27. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 1. Amount of Compensation [10800 - 10814] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Compensation of Attorney For the Personal Representative [10810 - 10814] ( Heading of Article 2 amended by Stats. 1996, Ch. 563, Sec. 27. ) ## 10814. If there are two or more attorneys for the personal representative, the attorney’s compensation shall be apportioned among the attorneys by the court according to the services actually rendered by each attorney or as agreed to by the attorneys. (Added by Stats. 1991, Ch. 82, Sec. 30. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.)
  187. 10830.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 2. Allowance of Compensation by Court [10830 - 10832] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 2. Allowance of Compensation by Court [10830 - 10832] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 10830. (a) At any time after four months from the issuance of letters: (1) The personal representative may file a petition requesting an allowance on the compensation of the personal representative. (2) The personal representative or the attorney for the personal representative may file a petition requesting an allowance on the compensation of the attorney for the personal representative. (b) Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following: (1) Each person listed in Section 1220. (2) Each known heir whose interest in the estate would be affected by the payment of the compensation. (3) Each known devisee whose interest in the estate would be affected by the payment of the compensation. (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. (c) On the hearing, the court may make an order allowing the portion of the compensation of the personal representative or the attorney for the personal representative, as the case may be, on account of services rendered up to that time, that the court determines is proper. The order shall authorize the personal representative to charge against the estate the amount allowed. (Amended by Stats. 1990, Ch. 710, Sec. 35. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  188. 10831.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 2. Allowance of Compensation by Court [10830 - 10832] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 2. Allowance of Compensation by Court [10830 - 10832] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 10831. (a) At the time of the filing of the final account and petition for an order for final distribution: (1) The personal representative may petition the court for an order fixing and allowing the personal representative’s compensation for all services rendered in the estate proceeding. (2) The personal representative or the attorney for the personal representative may petition the court for an order fixing and allowing the compensation, of the attorney for all services rendered in the estate proceeding. (b) The request for compensation may be included in the final account or the petition for final distribution or may be made in a separate petition. (c) Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following: (1) Each person listed in Section 1220. (2) Each known heir whose interest in the estate would be affected by the payment of the compensation. (3) Each known devisee whose interest in the estate would be affected by the payment of the compensation. (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. (d) On the hearing, the court shall make an order fixing and allowing the compensation for all services rendered in the estate proceeding. In the case of an allowance to the personal representative, the order shall authorize the personal representative to charge against the estate the amount allowed, less any amount previously charged against the estate pursuant to Section 10830. In the case of the attorney’s compensation the order shall require the personal representative to pay the attorney out of the estate the amount allowed, less any amount paid to the attorney out of the estate pursuant to Section 10830. (Amended by Stats. 1990, Ch. 710, Sec. 36. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  189. 10832.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 2. Allowance of Compensation by Court [10830 - 10832] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 2. Allowance of Compensation by Court [10830 - 10832] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 10832. Notwithstanding Sections 10830 and 10831, the court may allow compensation to the personal representative or to the attorney for the personal representative for extraordinary services before final distribution when any of the following requirements is satisfied: (a) It appears likely that administration of the estate will continue, whether due to litigation or otherwise, for an unusually long time. (b) Present payment will benefit the estate or the beneficiaries of the estate. (c) Other good cause is shown. (Amended by Stats. 1994, Ch. 806, Sec. 33. Effective January 1, 1995.)
  190. 10850.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 3. Application of Part [10850- 10850.] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE [10800 - 10850] ( Heading of Part 7 amended by Stats. 1996, Ch. 563, Sec. 25. ) ## CHAPTER 3. Application of Part [10850- 10850.] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 10850. (a) This part does not apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1991. (b) Notwithstanding its repeal, the applicable law in effect before July 1, 1991, governing the subject matter of this part continues to apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1991. (Amended by Stats. 1990, Ch. 710, Sec. 37. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  191. 10900.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10900 - 10902] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10900 - 10902] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 10900. (a) An account shall include both a financial statement and a report of administration as provided in Chapter 4 (commencing with Section 1060) of Part 1 of Division 3, and this section. (b) The statement of liabilities in the report of administration shall include the following information: (1) Whether notice to creditors was given under Section 9050. (2) Creditor claims filed, including the date of filing the claim, the name of the claimant, the amount of the claim, and the action taken on the claim. (3) Creditor claims not paid, satisfied, or adequately provided for. As to each such claim, the statement shall indicate whether the claim is due and the date due, the date any notice of rejection was given, and whether the creditor has brought an action on the claim. The statement shall identify any real or personal property that is security for the claim, whether by mortgage, deed of trust, lien, or other encumbrance. (c) The amendments to this section made by Assembly Bill 2751 of the 1995–96 Regular Session shall become operative on July 1, 1997. (Amended by Stats. 1996, Ch. 862, Sec. 30. Effective January 1, 1997. Amended version operative July 1, 1997, pursuant to earlier operation of new subdivision (c).)
  192. 10901.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10900 - 10902] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10900 - 10902] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 10901. On court order, or on request by an interested person filed with the clerk and a copy served on the personal representative, the personal representative shall produce for inspection and audit by the court or interested person the documents specified in the order or request that support an account. (Enacted by Stats. 1990, Ch. 79.)
  193. 10902.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10900 - 10902] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [10900 - 10902] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 10902. When a personal representative receives assets from the conservator of a deceased conservatee or the guardian of a deceased ward, the personal representative may incorporate by reference any accounting provided by the conservator or guardian for the decedent for the period subsequent to the date of death, and the personal representative is entitled to rely on the accounting by such other fiduciary, and shall not have a duty to independently investigate or verify the transactions reported in such an account. (Repealed and added by Stats. 1996, Ch. 862, Sec. 32. Effective January 1, 1997. Operative July 1, 1997, by Sec. 49 of Ch. 862.)
  194. 10950.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. When Account Required [10950 - 10954] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. When Account Required [10950 - 10954] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 10950. (a) On its own motion or on petition of an interested person, the court may order an account at any time. (b) The court shall order an account on petition of an interested person made more than one year after the last account was filed or, if no previous account has been filed, made more than one year after issuance of letters to the personal representative. (c) The court order shall specify the time within which the personal representative must file an account. (Enacted by Stats. 1990, Ch. 79.)
  195. 10951.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. When Account Required [10950 - 10954] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. When Account Required [10950 - 10954] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 10951. The personal representative shall file a final account and petition for an order for final distribution of the estate when the estate is in a condition to be closed. (Enacted by Stats. 1990, Ch. 79.)
  196. 10952.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. When Account Required [10950 - 10954] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. When Account Required [10950 - 10954] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 10952. A personal representative who resigns or is removed from office or whose authority is otherwise terminated shall, unless the court extends the time, file an account not later than 60 days after termination of authority. If the personal representative fails to so file the account, the court may compel the account pursuant to Chapter 4 (commencing with Section 11050). (Enacted by Stats. 1990, Ch. 79.)
  197. 10953.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. When Account Required [10950 - 10954] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. When Account Required [10950 - 10954] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 10953. (a) As used in this section: (1) “Incapacitated” means lack of capacity to serve as personal representative. (2) “Legal representative” means the personal representative of a deceased personal representative or the conservator of the estate of an incapacitated personal representative. (b) If a personal representative dies or becomes incapacitated and a legal representative is appointed for the deceased or incapacitated personal representative, the legal representative shall not later than 60 days after appointment, unless the court extends the time, file an account of the administration of the deceased or incapacitated personal representative. (c) If a personal representative dies or becomes incapacitated and no legal representative is appointed for the deceased or incapacitated personal representative, or if the personal representative absconds, the court may compel the attorney for the deceased, incapacitated, or absconding personal representative or attorney of record in the estate proceeding to file an account of the administration of the deceased, incapacitated, or absconding personal representative. (d) The legal representative or attorney shall exercise reasonable diligence in preparing an account under this section. Verification of the account may be made on information and belief. The court shall settle the account as in other cases. The court shall allow reasonable compensation to the legal representative or the attorney for preparing the account. The amount allowed is a charge against the estate that was being administered by the deceased, incapacitated, or absconding personal representative. Legal services for which compensation shall be allowed to the attorney under this subdivision include those services rendered by any paralegal performing the services under the direction and supervision of an attorney. The petition or application for compensation shall set forth the hours spent and services performed by the paralegal. (Enacted by Stats. 1990, Ch. 79.)
  198. 10954.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. When Account Required [10950 - 10954] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    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.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. When Account Required [10950 - 10954] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 10954. (a) Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is satisfied as to each person entitled to distribution from the estate: (1) The person has executed and filed a written waiver of account or a written acknowledgment that the person’s interest has been satisfied. (2) Adequate provision has been made for satisfaction in full of the person’s interest. This paragraph does not apply to a residuary devisee or a devisee whose interest in the estate is subject to abatement, payment of expenses, or accrual of interest or income. (b) A waiver or acknowledgment under subdivision (a) shall be executed as follows: (1) If the person entitled to distribution is an adult and competent, by that person. (2) If the person entitled to distribution is a minor, by a person authorized to receive money or property belonging to the minor. If the waiver or acknowledgment is executed by a guardian of the estate of the minor, the waiver or acknowledgment may be executed without the need to obtain approval of the court in which the guardianship proceeding is pending. (3) If the person entitled to distribution is a conservatee, by the conservator of the estate of the conservatee. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the conservatorship proceeding is pending. (4) If the person entitled to distribution is a trust, by the trustee, but only if the named trustee’s written acceptance of the trust is filed with the court. In the case of a trust that is subject to the continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the waiver or acknowledgment may be executed without the need to obtain approval of the court. (5) If the person entitled to distribution is an estate, by the personal representative of the estate. The waiver or acknowledgment may be executed without the need to obtain approval of the court in which the estate is being administered. (6) If the person entitled to distribution is incapacitated, is an unborn beneficiary, is unascertained, or is a person whose identity or address is unknown, or is a designated class of persons who are not ascertained or are not in being, and there is a guardian ad litem appointed to represent the person entitled to distribution, by the guardian ad litem. (7) If the person entitled to distribution has designated an attorney in fact who has the power under the power of attorney to execute the waiver or acknowledgment, by either of the following: (A) The person entitled to distribution if an adult and competent. (B) The attorney in fact. (c) Notwithstanding subdivision (a): (1) The personal representative shall file a final report of administration at the time the final account would otherwise have been required. The final report shall include the amount of compensation paid or payable to the personal representative and to the attorney for the personal representative and shall set forth the basis for determining the amounts. (2) A creditor whose interest has not been satisfied may petition under Section 10950 for an account. (Amended by Stats. 2023, Ch. 260, Sec. 21. (SB 345) Effective January 1, 2024.)
  199. 11.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 11. If any provision or clause of this code or application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable. (Enacted by Stats. 1990, Ch. 79.)
  200. 11000.

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Settlement of Account [11000 - 11005] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79. ) ## PART 8. ACCOUNTS [10900 - 11052] ( Part 8 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Settlement of Account [11000 - 11005] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 11000. (a) The personal representative shall give notice of the hearing 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 account. (3) Each known devisee whose interest in the estate would be affected by the account. (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 would be affected by the account. (5) If the estate is insolvent, each creditor who has filed a claim that is allowed or approved but is unpaid in whole or in part. (b) If the petition for approval of the account requests allowance of all or a portion of the compensation of the personal representative or the attorney for the personal representative, the notice of hearing shall so state. (c) If the account is a final account and is filed together with a petition for an order for final distribution of the estate, the notice of hearing shall so state. (Amended by Stats. 1990, Ch. 710, Sec. 40. Operative July 1, 1991, by Sec. 48 of Ch. 710.)

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