Probate Code — Part 14 | PROB — United States — California law | Esheria

Probate Code

Part 14 of 14 · provisions 2,601–2,672

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Estate administration Indian Child Welfare Act notice Powers of appointment abandonment of tangible personal property abatement abatement of beneficiary shares account access account administration account approvals account designations account disclosure account information requests account objections account ownership account records account settlement account termination accountability accounting accounting and reporting accounting duties accounting for estate administration accounting objections accounting to beneficiaries +1,867 more

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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 72 of 2,672

  1. 9736.

    ## 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 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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    A 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 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 9736. The personal representative may 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.)
  2. 9737.

    ## 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 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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    A personal representative may exercise subscription rights for additional securities only with a court order and a showing that 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 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Investments and Purchase of Property [9730 - 9737] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 9737. (a) If an estate by reason of owning securities also owns or receives subscription rights for the purchase of additional securities, the personal representative may exercise the subscription rights after authorization by order of court upon a showing that it is to the advantage of the estate. (b) To obtain an order under this section, the personal representative or any interested person shall file a petition stating the nature of the subscription rights and the advantage to the estate of exercising them. (c) Notice of the hearing on the petition shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  3. 9760.

    ## 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 5. Operation of Decedent’s Business [9760 - 9765] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

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    A personal representative may keep operating a decedent’s business if it benefits the estate and interested persons, but not for more than six months after letters are first issued unless the court authorizes more time.

    ## 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 5. Operation of Decedent’s Business [9760 - 9765] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 9760. (a) As used in this section, “decedent’s business” means an unincorporated business or venture in which the decedent was engaged or which was wholly or partly owned by the decedent at the time of the decedent’s death, but does not include a business operated by a partnership in which the decedent was a partner. (b) If it is to the advantage of the estate and in the best interest of the interested persons, the personal representative, with or without court authorization, may continue the operation of the decedent’s business; but the personal representative may not continue the operation of the decedent’s business for a period of more than six months from the date letters are first issued to a personal representative unless a court order has been obtained under this section authorizing the personal representative to continue the operation of the business. (c) The personal representative or any interested person may file a petition requesting an order (1) authorizing the personal representative to continue the operation of the decedent’s business or (2) directing the personal representative to discontinue the operation of the decedent’s business. The petition shall show the advantage to the estate and the benefit to the interested persons of the order requested. Notice of the hearing on the petition shall be given as provided in Section 1220. (d) If a petition is filed under this section, the court may make an order that either: (1) Authorizes the personal representative to continue the operation of the decedent’s business to such an extent and subject to such restrictions as the court determines to be to the advantage of the estate and in the best interest of the interested persons. (2) Directs the personal representative to discontinue the operation of the decedent’s business within the time specified in, and in accordance with the provisions of, the order. (Enacted by Stats. 1990, Ch. 79.)
  4. 9761.

    ## 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 5. Operation of Decedent’s Business [9760 - 9765] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

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    If the decedent had a partnership, the court may require a surviving partner to provide an accounting on the personal representative’s application.

    ## 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 5. Operation of Decedent’s Business [9760 - 9765] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 9761. If a partnership existed between the decedent and another person at the time of the decedent’s death, on application of the personal representative, the court may order any surviving partner to render an account pursuant to Section 15510, 15634, or 16807 of the Corporations Code. An order under this section may be enforced by the court’s power to punish for contempt. (Amended by Stats. 2003, Ch. 32, Sec. 8. Effective January 1, 2004.)
  5. 9762.

    ## 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 5. Operation of Decedent’s Business [9760 - 9765] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

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    A personal representative may continue a decedent’s partnership role only after a court order, and must petition and give notice to surviving general partners.

    ## 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 5. Operation of Decedent’s Business [9760 - 9765] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 9762. (a) After authorization by order of court upon a showing that it would be to the advantage of the estate and in the best interest of the interested persons, the personal representative may continue as a general or a limited partner in any partnership in which the decedent was a general partner at the time of death. In its order, the court may specify any terms and conditions of the personal representative’s participation as a partner that the court determines are to the advantage of the estate and in the best interest of the interested persons, but any terms and conditions that are inconsistent with the terms of any written partnership agreement are subject to the written consent of all of the surviving partners. (b) If there is a written partnership agreement permitting the decedent’s personal representative to participate as a partner, the personal representative has all the rights, powers, duties, and obligations provided in the written partnership agreement, except as otherwise ordered by the court pursuant to subdivision (a). (c) If there is not a written partnership agreement, the personal representative has the rights, powers, duties, and obligations that the court specifies in its order pursuant to subdivision (a). (d) To obtain an order under this section, the personal representative or any interested person shall file a petition showing that the order requested would be to the advantage of the estate and in the best interest of the interested persons. Notice of the hearing on the petition shall be given as provided in Section 1220. In addition, unless the court otherwise orders, the petitioner, not less than 15 days before the hearing, shall cause notice of hearing and a copy of the petition to be delivered pursuant to Section 1215 to each of the surviving general partners at his or her last known address. (Amended by Stats. 2017, Ch. 319, Sec. 77. (AB 976) Effective January 1, 2018.)
  6. 9763.

    ## 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 5. Operation of Decedent’s Business [9760 - 9765] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

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    A personal representative may sue a surviving partner if the decedent was a general partner, and may exercise the decedent’s rights as a limited partner.

    ## 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 5. Operation of Decedent’s Business [9760 - 9765] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 9763. (a) If the decedent was a general partner, the personal representative may commence and maintain any action against the surviving partner that the decedent could have commenced and maintained. (b) The personal representative may exercise the decedent’s rights as a limited partner as provided in Section 15675 of the Corporations Code. (Enacted by Stats. 1990, Ch. 79.)
  7. 9764.

    ## 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 5. Operation of Decedent’s Business [9760 - 9765] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

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    This section lets certain people ask the court to appoint a practice administrator for a deceased attorney’s law practice, and sets filing, bond, compensation, and closing-account 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 5. Operation of Decedent’s Business [9760 - 9765] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 9764. (a) The personal representative of the estate of a deceased attorney who was engaged in a practice of law at the time of his or her death or other person interested in the estate may bring a petition for appointment of an active member of the State Bar of California to take control of the files and assets of the practice of the deceased member. (b) The petition may be filed and heard on such notice that the court determines is in the best interests of the estate of the deceased member. If the petition alleges that the immediate appointment of a practice administrator is required to safeguard the interests of the estate, the court may dispense with notice only if the personal representative is the petitioner or has joined in the petition or has otherwise waived notice of hearing on the petition. (c) The petition shall indicate the powers sought for the practice administrator from the list of powers set forth in Section 6185 of the Business and Professions Code. These powers shall be specifically listed in the order appointing the practice administrator. (d) The petition shall allege the value of the assets that are to come under the control of the practice administrator, including, but not limited by the amount of funds in all accounts used by the deceased member. The court shall require the filing of a surety bond in the amount of the value of the personal property to be filed with the court by the practice administrator. No action may be taken by the practice administrator unless a bond has been fully filed with the court. (e) The practice administrator shall not be the attorney representing the personal representative. (f) The court shall appoint the attorney nominated by the deceased member in a writing, including, but not limited to, the deceased member’s will, unless the court concludes that the appointment of the nominated person would be contrary to the best interests of the estate or would create a conflict of interest with any of the clients of the deceased member. (g) The practice administrator shall be compensated only upon order of the court making the appointment for his or her reasonable and necessary services. The law practice shall be the source of the compensation for the practice administrator unless the assets are insufficient in which case, the compensation of the practice administrator shall be charged against the assets of the estate as a cost of administration. The practice administrator shall also be entitled to reimbursement of his or her costs. (h) Upon conclusion of the services of the practice administrator, the practice administrator shall render an accounting and petition for its approval by the superior court making the appointment. Upon settlement of the accounting, the practice administrator shall be discharged and the surety on his or her bond exonerated. (i) For the purposes of this section, the person appointed to take control of the practice of the deceased member shall be referred to as the “practice administrator” and the decedent shall be referred to as the “deceased member.” (Added by Stats. 1998, Ch. 682, Sec. 5. Effective January 1, 1999.)
  8. 9765.

    ## 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 5. Operation of Decedent’s Business [9760 - 9765] ( Chapter 5 enacted by Stats. 1990, Ch. 79. )

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    This section lets certain people ask the court to appoint a temporary professional fiduciary practice administrator when a professional fiduciary dies and there is a vacancy, and it sets the administrator’s duties, bond, notice, compensation, and timeline.

    ## 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 5. Operation of Decedent’s Business [9760 - 9765] ( Chapter 5 enacted by Stats. 1990, Ch. 79. ) ## 9765. (a) Commencing January 1, 2024, when a professional fiduciary is deceased and a vacancy exists, the deceased fiduciary’s personal representative, trustee, or interested person may petition for the appointment of one or more individuals, qualified to act as a professional fiduciary under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), as a professional fiduciary practice administrator, to take control of the deceased professional fiduciary’s files and to be appointed as temporary successor as to those matters for which a vacancy exists as a result of the professional fiduciary’s death. (b) The petition shall request an order appointing a professional fiduciary practice administrator as temporary successor, with all of the powers and duties held by the deceased fiduciary, in each matter in which the deceased fiduciary was acting in a representative capacity, including guardianships of the estate, conservatorships of the person and estate, decedent’s estates, court-supervised trusts, and non-court-supervised trusts. (c) The court shall require the professional fiduciary practice administrator to file a surety bond in each matter in which the professional fiduciary practice administrator is appointed temporary successor, in the amount currently required of the deceased fiduciary or in another amount as the court deems appropriate. (d) The court may appoint as the professional fiduciary practice administrator the professional fiduciary nominated by the deceased professional fiduciary in a writing, including, but not limited to, the decedent’s will or trust, or in the absence thereof, the person nominated by the person having legal standing to act on behalf of the deceased professional fiduciary. The court shall not make the appointment if the court concludes that the appointment of the nominated person would be contrary to the best interests of, or would create a conflict of interest with, any interested party in a matter in which the deceased fiduciary was acting in a fiduciary capacity. (e) The appointment of the professional fiduciary practice administrator as temporary successor shall terminate, in each of the matters in which the professional fiduciary practice administrator was appointed as temporary successor, 45 days after the entry of the order appointing the professional fiduciary practice administrator, or earlier if another person is appointed. (f) Notice of the hearing on the petition for appointment of a professional fiduciary practice administrator as temporary successor shall be given to all persons entitled to notice in each of the matters that are the subject of the petition. The court may dispense with notice if the court determines that the immediate appointment of a professional fiduciary practice administrator is required to safeguard the interests of an individual or an asset in a matter in which the deceased fiduciary was acting in a representative capacity. (g) The professional fiduciary practice administrator shall be compensated for services provided and reimbursement of costs incurred in each matter solely from the assets of that matter subject to the provisions of the applicable document or as determined by the court, and in no event more than the incapacitated fiduciary would have been paid. (h) The professional fiduciary practice administrator shall do all of the following: (1) File a copy of the order appointing the professional fiduciary practice administrator as temporary successor in each of the matters in which the court appoints the professional fiduciary practice administrator as temporary successor. (2) Take control and review all files and writings maintained by the deceased fiduciary for matters in which the deceased fiduciary was acting in a representative capacity. (3) Within 15 days after the entry of the order appointing the professional fiduciary practice administrator as temporary successor, provide written notice to all interested parties as to each matter in which the deceased fiduciary was acting in a representative capacity who can be reasonably ascertained and located to inform those parties of the appointment of the professional fiduciary practice administrator as temporary successor. The notice shall advise the parties of the need for the appointment for a permanent successor, which shall include the following: (A) The right of the parties to petition the court for the appointment of a permanent successor. (B) The right of any interested party to nominate an individual to act as permanent successor, and then the obligation of the professional fiduciary practice administrator to petition for the appointment of the individual nominated, provided an interested party provides the professional fiduciary practice administrator with the name of their nominee within 15 days after the date notice was given. (C) The ability of the professional fiduciary practice administrator, in the event that none of the interested parties act within the time prescribed above, under subparagraph (A) or (B), to petition the court for appointment of a permanent successor. (4) Upon the court’s appointment of a permanent successor, the professional fiduciary practice administrator shall file an account and report on behalf of the deceased fiduciary for any period of time the deceased fiduciary would have been required to account, as well as for the period of time the professional fiduciary practice administrator served as temporary successor. As part of that account and report, the professional fiduciary practice administrator may request compensation both on behalf of the deceased fiduciary, for services rendered prior to their death, and on their own behalf for services rendered after the deceased fiduciary’s death as temporary successor, subject to any limitation on fees and costs that existed for the deceased fiduciary, and may request discharge and exoneration of bond. The account filed for the period during which the matter was administered by the now deceased fiduciary may be verified on information and belief. (5) Comply with any other obligations imposed by the court. (i) Each of the time periods prescribed in this section may be extended by the court if the court determines that good cause exists, and if the court determines that the extension is in the best interest of the minor, the conservatee, the decedent’s estate, or the current income beneficiaries under a trust, as applicable. (j) For purposes of this section, the following definitions apply: (1) “Professional fiduciary practice administrator” means the person appointed pursuant to this section to take over the responsibilities from the deceased fiduciary. (2) “Vacancy” means that the instrument under which the deceased fiduciary was acting does not name a successor to fill the vacancy, the instrument under which the deceased fiduciary was acting does not provide a nonjudicial method to fill the vacancy, or a cofiduciary, authorized to act solely, was not acting with the deceased fiduciary. (k) This section does not limit the authority granted to the court under subdivision (j) of Section 2250, Section 8523, and subdivision (e) of Section 15642. (l) The Judicial Council shall create or revise any forms or rules necessary to implement this section no later than January 1, 2024. (Amended by Stats. 2023, Ch. 478, Sec. 59. (AB 1756) Effective January 1, 2024.)
  9. 9780.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    A personal representative may dispose of or abandon tangible personal property if it is not specifically devised and the cost of collecting, maintaining, and safeguarding it would exceed 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 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9780. Unless the property is specifically devised, subject to the requirements of this chapter, the personal representative may dispose of or 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.)
  10. 9781.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    A personal representative may exercise the power in Section 9780 without court authorization or approval, unless the will 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9781. Unless otherwise provided in the will, subject to the requirements of this chapter, the personal representative may exercise the power provided in Section 9780 without court authorization or approval. (Enacted by Stats. 1990, Ch. 79.)
  11. 9782.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    Before disposing of or abandoning certain estate property, the personal representative must give notice, unless Section 9785 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9782. (a) Except as provided in Section 9785, before disposing of or abandoning property under Section 9780, the personal representative shall give notice of the proposed disposition or abandonment as provided in subdivision (c) to all of the following: (1) Each known devisee whose interest in the estate would be affected by the proposed action. (2) Each known heir whose interest in the estate would be affected by the proposed action. (3) Each person who has filed a request for special notice pursuant to Section 1250. (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 proposed action. (b) The notice of the proposed disposition or abandonment shall describe the property to be disposed of or abandoned, indicate the manner in which the property is to be disposed of or abandoned, and specify the date on or after which the property will be disposed of or abandoned. (c) The notice shall be delivered personally to each person required to be given notice or shall be sent by mail to the person at the person’s last known address. If the notice is delivered personally, it shall be delivered to the person not less than five days before the date specified in the notice as the date on or after which the property will be disposed of or abandoned. If the notice is sent by mail, it shall be deposited in the mail not less than 10 days before the date specified in the notice as the date on or after which the property will be disposed of or abandoned. (Enacted by Stats. 1990, Ch. 79.)
  12. 9783.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    A person covered by Section 9782 may send the personal representative a written objection by mail or personal delivery before the notice date. After receiving that objection, the personal representative may not dispose of or abandon the property unless a court order authorizes it, subject to Section 9788.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9783. A person described in Section 9782 may personally deliver or mail a written objection to the disposition or abandonment to the personal representative on or before the date specified in the notice as the date on or after which the property will be disposed of or abandoned. Subject to Section 9788, after receipt of the written objection, the personal representative shall not dispose of or abandon the property without authorization by order of the court obtained under Section 9611. (Amended by Stats. 2017, Ch. 319, Sec. 78. (AB 976) Effective January 1, 2018.)
  13. 9784.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    A qualifying person may ask the court to stop a personal representative from disposing of or abandoning property, and the court must grant the order if it is satisfied the estate will not suffer loss or unreasonable expense.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9784. (a) A person described in Section 9782 who objects to the disposition or abandonment of property by the personal representative under Section 9780 may apply to the court in which proceedings for administration of the estate are pending for an order restraining the personal representative from disposing of or abandoning the property without prior court authorization. (b) The court shall grant the requested order without requiring notice to the personal representative and without cause being shown for the order if the court is satisfied that the estate will not suffer any loss or unreasonable expense if the order is granted. As a condition of granting the order, the court may require the person applying for the order (1) to pay the costs of storing and protecting the property or (2) to provide security by bond or cash deposit that the costs will be paid. (c) The personal representative is deemed to have notice of the restraining order if it is served upon the personal representative in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure, or in the manner authorized by the court, before the date specified in the notice as the date on or after which the property will be disposed of or abandoned. (Enacted by Stats. 1990, Ch. 79.)
  14. 9785.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

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    Notice of the proposed disposition or abandonment does not have to be given to a person who consents in writing or who waives notice in writing.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9785. Notice of the proposed disposition or abandonment need not be given to any of the following: (a) A person who consents in writing to the proposed disposition or abandonment. (b) A person who, in writing, waives the right to notice of the proposed disposition or abandonment. (Enacted by Stats. 1990, Ch. 79.)
  15. 9786.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A person who objects to, or serves a restraining order about, the disposition or abandonment of property must be given notice of any court hearing on a petition for court authorization.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9786. A person who objects to the disposition or abandonment as provided in Section 9783, or who serves a restraining order issued under Section 9784 in the manner provided in that section, shall be given notice of any court hearing on a petition for court authorization of the disposition or abandonment of the property. (Enacted by Stats. 1990, Ch. 79.)
  16. 9787.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A notified person generally loses the right to later court review of the property disposition or abandonment unless they timely object in writing or serve a restraining order.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9787. (a) Except as provided in subdivision (b), a person described in Section 9782 who receives notice of the proposed disposition or abandonment as provided in Section 9782, waives the right to have the court later review the disposition or abandonment of the property unless the person does one of the following: (1) Personally delivers or mails a written objection as provided in Section 9783. (2) Serves a restraining order obtained under Section 9784 before whichever of the following is the later time: (A) The date specified in the notice of proposed disposition or abandonment as the date on or after which the property will be disposed of or abandoned. (B) The date the property has actually been disposed of or abandoned. (b) Subject to Section 9785, the court may review the disposition or abandonment of the property upon the motion of a person described in subdivision (a) of Section 9782 who establishes that he or she did not actually receive notice of the proposed disposition or abandonment before the time to object expired. (Amended by Stats. 2017, Ch. 319, Sec. 79. (AB 976) Effective January 1, 2018.)
  17. 9788.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may abandon or dispose of certain estate property without court authorization if an objecting person or restraining-order holder does not take the property within 10 days after request. A person who takes the property must safeguard it until a court order relieves that obligation.

    ## 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 6. Abandonment of Tangible Personal Property [9780 - 9788] ( Chapter 6 enacted by Stats. 1990, Ch. 79. ) ## 9788. (a) Notwithstanding Sections 9783 and 9784, the personal representative may abandon or dispose of the property without court authorization if the person who made the objection or obtained the restraining order fails to take possession of the property at his or her expense within 10 days after the personal representative requests that the person do so. (b) A person who takes possession of estate property pursuant to this section is liable for the safekeeping of the property until a court order is made relieving the person of this obligation. (Enacted by Stats. 1990, Ch. 79.)
  18. 9800.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may borrow estate money and place liens or mortgages on estate property if a court authorizes it and the borrowing benefits the estate; the money must be used for the ordered purpose.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 9800. (a) Subject to subdivision (c), after authorization by order of court obtained under this chapter upon a showing that it would be to the advantage of the estate, the personal representative may borrow money on a note, either unsecured or to be secured by a security interest or other lien on the personal property of the estate, or any part thereof, or to be secured by a mortgage or deed of trust on the real property of the estate, or any part thereof, and may give a security interest or other lien on the personal property of the estate, or any part thereof, or a mortgage or deed of trust on the real property of the estate, or any part thereof, in order to do any one or more of the following: (1) Pay the debts of the decedent or the estate, devises, expenses of administration, and charges against the estate. (2) Pay, reduce, extend, or renew a security interest or lien or mortgage or deed of trust already existing on property of the estate. (3) Improve, use, operate, or preserve property in the estate. (b) The personal representative shall apply the money to the purpose specified in the order. (c) Where the surviving spouse has elected to have his or her share of the community real property administered in the decedent’s estate, the personal representative is authorized to borrow money to be secured by a mortgage or deed of trust on the community real property of the estate, or any part thereof, only with the written consent of the surviving spouse. (Enacted by Stats. 1990, Ch. 79.)
  19. 9801.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may, with court authorization and when it benefits the estate, join other owners in borrowing money and signing a joint note and security instrument for partly owned estate 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 9801. If property of the estate consists of an undivided interest in real or personal property, or any other interest therein less than the entire ownership, upon a showing that it would be to the advantage of the estate to borrow money to improve, use, operate, or preserve the property jointly with the owners of the other interests therein, or to pay, reduce, extend, or renew a security interest, lien, mortgage, or deed of trust already existing on all of the property, the personal representative, after authorization by order of the court obtained under this chapter, may join with the owners of the other interests in borrowing money and the execution of a joint and several note and such security interest, lien, mortgage, or deed of trust as may be required to secure the payment of the note. The note may be for such sum as is required for the purpose. (Enacted by Stats. 1990, Ch. 79.)
  20. 9802.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative or interested person may file a petition for an order under this chapter.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 9802. (a) The personal representative or any interested person may file a petition for an order under this chapter. (b) The petition shall state the purpose for which the order is sought and the necessity for or the advantage to accrue from the order. If applicable, the petition shall also show the amount of money proposed to be borrowed, the rate of interest to be paid, the length of time the note is to run, and a general description of the property proposed to be mortgaged or subjected to the deed of trust, security interest, or other lien. (Enacted by Stats. 1990, Ch. 79.)
  21. 9803.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Notice of the hearing on the petition must be given as provided in Section 1220.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 9803. Notice of the hearing on the petition shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  22. 9804.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A court may order a personal representative to borrow, refinance, or secure estate property if doing so benefits the estate, and some community property borrowing needs the surviving spouse’s written consent.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 9804. (a) Subject to subdivision (c), if the court is satisfied that it will be to the advantage of the estate, the court shall make an order that authorizes or requires that the personal representative do any one or more of the following: (1) Borrow money and execute a note. (2) Execute a mortgage or deed of trust or give other security by security interest or other lien. (3) Pay, reduce, extend, or renew a security interest or lien or mortgage or deed of trust already existing upon property of the estate. (b) The court in its order may do any one or more of the following: (1) Order that the amount specified in the petition, or a lesser amount, be borrowed. (2) Prescribe the maximum rate of interest and the period of the loan. (3) Require that the interest and the whole or any part of the principal be paid from time to time out of the whole estate or any part thereof. (4) Require that the personal property used as security, or any buildings on real property to be mortgaged or subjected to the deed of trust, be insured for the further security of the lender and that the premiums be paid out of the estate. (5) Specify the purpose for which the money to be borrowed is to be applied. (6) Specify the terms and conditions of any extension or renewal agreement. (7) Prescribe such other terms and conditions concerning the transaction as the court determines to be to the advantage of the estate. (c) Where the surviving spouse has elected to have his or her share of the community real property administered in the decedent’s estate, an order authorizing or requiring the personal representative to borrow money to be secured by a mortgage or deed of trust upon the community real property of the estate, or any part thereof, may be made only if the written consent of the surviving spouse has been filed with the court. (Enacted by Stats. 1990, Ch. 79.)
  23. 9805.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative must sign, execute, deliver, and in some cases acknowledge the mortgage, deed of trust, or security-interest instrument under the order’s authority.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 9805. (a) The personal representative shall execute and deliver the mortgage or deed of trust, or execute and deliver the instrument creating the security interest, setting forth therein that it is made by authority of the order, giving the date of the order. (b) The note and the mortgage or deed of trust or other instrument creating the security interest, if any, shall be signed by the personal representative and shall be acknowledged by the personal representative if the instrument creates a lien on real property. (Enacted by Stats. 1990, Ch. 79.)
  24. 9806.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A court with jurisdiction over a decedent’s estate may order a note, lien, mortgage, deed of trust, or security interest, and the resulting instrument remains effective despite procedural errors.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 9806. (a) Every mortgage, deed of trust, or security interest made pursuant to a court order obtained under this chapter is effectual to mortgage, or to subject to the deed of trust or security interest, all of the following: (1) All right, title, and interest which the decedent had to the property described therein at the time of the decedent’s death. (2) Any right, title, or interest in the property acquired by the estate of the decedent, by operation of law or otherwise, since the time of the decedent’s death. (3) Any right, title, or interest in the community real property belonging to the decedent’s surviving spouse whose written consent has been filed with the court and which is referred to in the court order obtained under this chapter. (b) Jurisdiction of the court to administer the estate of the decedent vests the court with jurisdiction to make the order for the note and for the security interest, lien, mortgage, or deed of trust. This jurisdiction shall conclusively inure to the benefit of the owner of the security interest or lien, mortgagee named in the mortgage, or the trustee and beneficiary named in the deed of trust, and their heirs and assigns. (c) No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the note, security interest, lien, mortgage, or deed of trust given pursuant to an order under this chapter. Subject to Section 9807, the owner of the security interest or lien, the mortgagee named in the mortgage, or the trustee and beneficiary named in the deed of trust, and their heirs and assigns, have and possess the same rights and remedies on the note and the security interest or lien or mortgage or deed of trust as if it had been made by the decedent prior to his or her death. (Enacted by Stats. 1990, Ch. 79.)
  25. 9807.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A deficiency judgment is generally barred against the personal representative or estate after a foreclosure or sale when sale proceeds are not enough, except in a stated subdivision (b) case.

    ## 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 7. Borrowing, Refinancing, and Encumbering Property [9800 - 9807] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 9807. (a) Except as provided in subdivision (b), no judgment or claim for any deficiency shall be had or allowed against the personal representative or the estate if (1) there is a foreclosure or sale under a security interest, lien, mortgage, or deed of trust and (2) the proceeds of sale of the encumbered property are insufficient to pay the note, the security interest, lien, mortgage, or deed of trust, and the costs or expenses of sale. (b) If the note, security interest, mortgage, or deed of trust was given to pay, reduce, extend, or renew a lien, security interest, mortgage, or deed of trust existing on property of the estate at the time of death of the decedent and the indebtedness secured thereby was a claim established under Part 4 (commencing with Section 9000), the part of the indebtedness remaining unsatisfied shall be classed with other established claims. (Enacted by Stats. 1990, Ch. 79.)
  26. 9820.

    ## 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 8. Actions and Proceedings by or Against Personal Representative [9820 - 9823] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may start and continue proceedings for the estate’s benefit, and may defend proceedings brought against the decedent, the personal representative, or 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 8. Actions and Proceedings by or Against Personal Representative [9820 - 9823] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 9820. The personal representative may: (a) Commence and maintain actions and proceedings for the benefit of the estate. (b) Defend actions and proceedings against the decedent, the personal representative, or the estate. (Enacted by Stats. 1990, Ch. 79.)
  27. 9822.

    ## 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 8. Actions and Proceedings by or Against Personal Representative [9820 - 9823] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may sue on the bond of a former personal representative of the same 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 8. Actions and Proceedings by or Against Personal Representative [9820 - 9823] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 9822. The personal representative may bring an action on the bond of any former personal representative of the same estate, for the use and benefit of all interested persons. (Enacted by Stats. 1990, Ch. 79.)
  28. 9823.

    ## 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 8. Actions and Proceedings by or Against Personal Representative [9820 - 9823] ( Chapter 8 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A partition action may be brought when the decedent left an undivided interest in property, including an action against the personal representative or one brought by the personal representative against other cotenants.

    ## 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 8. Actions and Proceedings by or Against Personal Representative [9820 - 9823] ( Chapter 8 enacted by Stats. 1990, Ch. 79. ) ## 9823. (a) If the decedent leaves an undivided interest in any property, an action for partition of the property may be brought against the personal representative. (b) The personal representative may bring an action against the other cotenants for partition of any property in which the decedent left an undivided interest. (Enacted by Stats. 1990, Ch. 79.)
  29. 9830.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may settle certain estate-related claims and modify obligations without court approval if doing so benefits the estate, unless another statute requires approval.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 9830. (a) Unless this chapter or some other applicable statute requires court authorization or approval, if it is to the advantage of the estate, the personal representative may do any of the following without court authorization, instruction, approval, or confirmation: (1) Compromise or settle a claim, action, or proceeding by or for the benefit of, or against, the decedent, the personal representative, or the estate, including the giving of a covenant not to sue. (2) Extend, renew, or in any manner modify the terms of an obligation owing to or in favor of the decedent or the estate. (3) Release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible. (b) Nothing in this section precludes the personal representative from seeking court authorization pursuant to the provisions of this chapter. (c) Upon petition of an interested person or upon the court’s own motion, the court may limit the authority of the personal representative under subdivision (a). Notice of the hearing on the petition shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  30. 9831.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A court order is required to compromise or settle certain claims or proceedings unless the time for filing creditor claims has expired.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 9831. Unless the time for filing creditor claims has expired, authorization by order of court is required for a compromise or settlement of a claim, action, or proceeding by or for the benefit of, or against, the decedent, the personal representative, or the estate. (Enacted by Stats. 1990, Ch. 79.)
  31. 9832.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Court authorization is generally required for certain compromises, settlements, extensions, renewals, or modifications affecting real property interests, but a personal representative may make limited lease changes without prior court approval 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 9832. (a) Except as provided in subdivision (b), authorization by order of court is required for a compromise, settlement, extension, renewal, or modification which affects any of the following: (1) Title to real property. (2) An interest in real property or a lien or encumbrance on real property. (3) An option to purchase real property or an interest in real property. (b) If it is to the advantage of the estate, the personal representative without prior court authorization may extend, renew, or modify a lease of real property in either of the following cases: (1) Where under the lease as extended, renewed, or modified the rental does not exceed five thousand dollars ($5,000) a month and the term does not exceed one year. (2) Where the lease is from month to month, regardless of the amount of the rental. (c) For the purposes of subdivision (b), if the lease as extended, renewed, or modified gives the lessee the right to extend the term of the lease, the length of the term shall be considered as though the right to extend had been exercised. (Amended by Stats. 1990, Ch. 710, Sec. 24. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  32. 9833.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Court authorization is required before a compromise or settlement if it involves estate property transfer or encumbrance, or an unsecured estate liability, and the transaction exceeds $25,000.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 9833. Authorization by order of court is required for a compromise or settlement of a matter when the transaction requires the transfer or encumbrance of property of the estate, or the creation of an unsecured liability of the estate, or both, in an amount or value in excess of twenty-five thousand dollars ($25,000). (Enacted by Stats. 1990, Ch. 79.)
  33. 9834.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Court authorization is required before certain estate-related compromises or debt changes can be made.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 9834. Authorization by order of court is required for any of the following: (a) A compromise or settlement of a claim by the estate against the personal representative or the personal representative’s attorney, whether or not the claim arises out of the administration of the estate. (b) An extension, renewal, or modification of the terms of a debt or similar obligation of the personal representative, or the personal representative’s attorney, owing to, or in favor of, the estate. (Enacted by Stats. 1990, Ch. 79.)
  34. 9835.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative needs a court order to compromise or settle certain wrongful-death or injury claims for the decedent.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 9835. Authorization by order of court is required for the compromise or settlement of a claim or right of action given to the personal representative by any law for the wrongful death or injury of the decedent, including any action brought by the personal representative in attempting enforcement of the claim or right of action. Authorization to compromise or settle the claim or right of action includes authorization to give a covenant not to sue. (Enacted by Stats. 1990, Ch. 79.)
  35. 9836.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Court authorization required by this chapter must be obtained from the court administering 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 9836. The court authorization required by this chapter shall be obtained from the court in which the estate is being administered. (Enacted by Stats. 1990, Ch. 79.)
  36. 9837.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A petition to authorize a compromise, settlement, extension, renewal, or modification may be filed by the personal representative or by an interested person with the personal representative’s written approval.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 9837. (a) A petition for an order authorizing a compromise, settlement, extension, renewal, or modification under this chapter may be filed by any of the following: (1) The personal representative. (2) Any interested person who has obtained the written approval of the personal representative to file the petition. (b) The petition shall show the terms of the compromise, settlement, extension, renewal, or modification and its advantage to the estate. (c) Notice of the hearing on the petition shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  37. 9838.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a Section 9837 order authorizes a settlement that transfers estate real property, the personal representative must execute the deed and the order must be recorded.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 9838. (a) If an order made under Section 9837 authorizes a compromise or settlement that requires the transfer of real property of the estate, the personal representative shall execute a conveyance of the real property to the person entitled thereto under the compromise or settlement. The conveyance shall refer to the order authorizing the compromise or settlement and directing that the conveyance be executed. A certified copy of the order shall be recorded in the office of the county recorder in each county in which any portion of the real property is located. (b) A conveyance made in compliance with the court order authorizing the compromise or settlement and directing the conveyance to be executed vests in the person to whom the property is transferred 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 transfer. (Enacted by Stats. 1990, Ch. 79.)
  38. 9839.

    ## 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a personal representative pays a claim for less than the full amount, the accounts may be credited only for the amount actually 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 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations [9830 - 9839] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 9839. If the personal representative pays a claim for less than its full amount, the personal representative’s accounts may be credited only for the amount actually paid. (Enacted by Stats. 1990, Ch. 79.)
  39. 9850.

    ## 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 10. Acceptance of Deed in Lieu of Foreclosure or Trustee’s Sale; Grant of Partial Satisfaction or Partial Reconveyance [9850 - 9851] ( Chapter 10 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may accept a deed for estate property only with court authorization and if 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 5. ESTATE MANAGEMENT [9600 - 10382] ( Part 5 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 10. Acceptance of Deed in Lieu of Foreclosure or Trustee’s Sale; Grant of Partial Satisfaction or Partial Reconveyance [9850 - 9851] ( Chapter 10 enacted by Stats. 1990, Ch. 79. ) ## 9850. (a) If it is to the advantage of the estate 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, the personal representative may, after authorization by order of the court and upon such terms and conditions as may be imposed by the court, accept a deed conveying the property to the heirs or devisees of the decedent, subject to administration. (b) To obtain an order under this section, the personal representative or any interested person shall file a petition showing the advantage to the estate of accepting the deed. Notice of the hearing on the petition shall be given as provided in Section 1220. (c) The court shall make an order under this section only if the advantage to the estate of accepting the deed is shown by clear and convincing evidence. (Enacted by Stats. 1990, Ch. 79.)
  40. 9851.

    ## 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 10. Acceptance of Deed in Lieu of Foreclosure or Trustee’s Sale; Grant of Partial Satisfaction or Partial Reconveyance [9850 - 9851] ( Chapter 10 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may approve a partial mortgage satisfaction or partial reconveyance for estate property only with court authorization, unless the mortgage or deed of trust already allows it.

    ## 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 10. Acceptance of Deed in Lieu of Foreclosure or Trustee’s Sale; Grant of Partial Satisfaction or Partial Reconveyance [9850 - 9851] ( Chapter 10 enacted by Stats. 1990, Ch. 79. ) ## 9851. (a) Except as provided in subdivision (c), if it is to the advantage of the estate for the personal representative to give a partial satisfaction of a mortgage or to cause a partial reconveyance to be executed by a trustee under a trust deed held by the estate, the personal representative may, after authorization by order of the court and upon such terms and conditions as may be imposed by the court, give the partial satisfaction or cause the partial reconveyance to be executed by the trustee. (b) To obtain an order under this section, the personal representative or any interested person shall file a petition showing the advantage to the estate of giving the partial satisfaction or causing the partial reconveyance. Notice of the hearing on the petition shall be given as provided in Section 1220. (c) No authorization by the court is necessary for the personal representative 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 if the partial satisfaction or partial reconveyance is executed pursuant to the terms of the mortgage or deed of trust held by the estate. (Enacted by Stats. 1990, Ch. 79.)
  41. 9880.

    ## 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 12. Purchase of Claims or Estate Property by Personal Representative or Personal Representative’s Attorney [9880 - 9885] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative and the personal representative’s attorney generally may not buy estate property or claims against the estate, or have an interest in such a purchase, except as the chapter allows.

    ## 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 12. Purchase of Claims or Estate Property by Personal Representative or Personal Representative’s Attorney [9880 - 9885] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 9880. Except as provided in this chapter, neither the personal representative nor the personal representative’s attorney may do any of the following: (a) Purchase any property of the estate or any claim against the estate, directly or indirectly. (b) Be interested in any such purchase. (Enacted by Stats. 1990, Ch. 79.)
  42. 9881.

    ## 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 12. Purchase of Claims or Estate Property by Personal Representative or Personal Representative’s Attorney [9880 - 9885] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court may authorize a personal representative or the attorney to buy estate property if a Section 9883 petition is filed and all listed requirements 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 12. Purchase of Claims or Estate Property by Personal Representative or Personal Representative’s Attorney [9880 - 9885] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 9881. Upon a petition filed under Section 9883, the court may make an order under this section authorizing the personal representative or the personal representative’s attorney to purchase property of the estate if all of the following requirements are satisfied: (a) Written consent to the purchase is signed by (1) each known heir whose interest in the estate would be affected by the proposed purchase and (2) each known devisee whose interest in the estate would be affected by the proposed purchase. (b) The written consents are filed with the court. (c) The purchase is shown to be to the advantage of the estate. (Enacted by Stats. 1990, Ch. 79.)
  43. 9882.

    ## 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 12. Purchase of Claims or Estate Property by Personal Representative or Personal Representative’s Attorney [9880 - 9885] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a petition is filed under Section 9883 and the will allows it, the court may authorize the personal representative or the personal representative’s attorney to buy estate 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 12. Purchase of Claims or Estate Property by Personal Representative or Personal Representative’s Attorney [9880 - 9885] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 9882. Upon a petition filed under Section 9883, the court may make an order under this section authorizing the personal representative or the personal representative’s attorney to purchase property of the estate if the will of the decedent authorizes the personal representative or the personal representative’s attorney to purchase the property. (Enacted by Stats. 1990, Ch. 79.)
  44. 9883.

    ## 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 12. Purchase of Claims or Estate Property by Personal Representative or Personal Representative’s Attorney [9880 - 9885] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may petition the court for an order to authorize a purchase, and must state the facts supporting the request.

    ## 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 12. Purchase of Claims or Estate Property by Personal Representative or Personal Representative’s Attorney [9880 - 9885] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 9883. (a) The personal representative may file a petition requesting that the court make an order under Section 9881 or 9882. The petition shall set forth the facts upon which the request for the order is based. (b) If court confirmation of the sale is required, the court may make its order under Section 9881 or 9882 at the time of the confirmation. (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 proposed purchase. (3) Each known devisee whose interest in the estate would be affected by the proposed purchase. (d) If the court is satisfied that the purchase should be authorized, the court shall make an order authorizing the purchase upon the terms and conditions specified in the order, and the personal representative may execute a conveyance or transfer according to the terms of the order. Unless otherwise provided in the will or in the order of the court, the sale of the property shall be made in the same manner as the sale of other estate property of the same nature. (Enacted by Stats. 1990, Ch. 79.)
  45. 9884.

    ## 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 12. Purchase of Claims or Estate Property by Personal Representative or Personal Representative’s Attorney [9880 - 9885] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This chapter allows a personal representative or the personal representative’s attorney to buy estate property if the purchase is based on a written contract made during the decedent’s lifetime and the contract can be specifically enforced, with Part 19 requirements 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 12. Purchase of Claims or Estate Property by Personal Representative or Personal Representative’s Attorney [9880 - 9885] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 9884. This chapter does not prohibit the purchase of property of the estate by the personal representative or the personal representative’s attorney pursuant to a contract in writing made during the lifetime of the decedent if the contract is one that can be specifically enforced and the requirements of Part 19 (commencing with Section 850) of Division 2 are satisfied. (Amended by Stats. 2003, Ch. 32, Sec. 9. Effective January 1, 2004.)
  46. 9885.

    ## 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 12. Purchase of Claims or Estate Property by Personal Representative or Personal Representative’s Attorney [9880 - 9885] ( Chapter 12 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This chapter does not stop a personal representative or the personal representative’s attorney from exercising a will-based option to buy estate property, if Chapter 17’s requirements 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 12. Purchase of Claims or Estate Property by Personal Representative or Personal Representative’s Attorney [9880 - 9885] ( Chapter 12 enacted by Stats. 1990, Ch. 79. ) ## 9885. This chapter does not prevent the exercise by the personal representative or the personal representative’s attorney of an option to purchase property of the estate given in the will of the decedent if the requirements of Chapter 17 (commencing with Section 9980) are satisfied. (Enacted by Stats. 1990, Ch. 79.)
  47. 9900.

    ## 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 13. Dedication or Conveyance to Governmental Entity; Easements and Access Rights [9900 - 9901] ( Chapter 13 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may, with court authorization and subject to court-imposed terms, dedicate or convey estate property, grant easements, release access rights, or consent as a lienholder.

    ## 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 13. Dedication or Conveyance to Governmental Entity; Easements and Access Rights [9900 - 9901] ( Chapter 13 enacted by Stats. 1990, Ch. 79. ) ## 9900. If it is to the advantage of the estate and in the best interest of the interested persons, the personal representative, after authorization by order of the court obtained under this chapter and upon such terms and conditions as the court may prescribe, may do any of the following either with or without consideration: (a) Dedicate or convey real property of the estate for any purpose to any of the following: (1) This state or any public entity in this state. (2) The United States or any agency or instrumentality of the United States. (b) Dedicate or convey an easement over real property of the estate to any person for any purpose. (c) Convey, release, or relinquish to this state or any public entity in this state any access rights to any street, highway, or freeway from any real property of the estate. (d) Consent as a lienholder to a dedication, conveyance, release, or relinquishment under subdivision (a), (b), or (c) by the owner of property subject to the lien. (Enacted by Stats. 1990, Ch. 79.)
  48. 9901.

    ## 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 13. Dedication or Conveyance to Governmental Entity; Easements and Access Rights [9900 - 9901] ( Chapter 13 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative or interested person may file a petition for an order under this chapter.

    ## 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 13. Dedication or Conveyance to Governmental Entity; Easements and Access Rights [9900 - 9901] ( Chapter 13 enacted by Stats. 1990, Ch. 79. ) ## 9901. (a) The personal representative or any interested person may file a petition for an order under this chapter. (b) Notice of the hearing on the petition shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  49. 9920.

    ## 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 14. Exchange of Property [9920 - 9923] ( Chapter 14 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may exchange estate property for other property if the exchange benefits the estate and the court authorizes it.

    ## 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 14. Exchange of Property [9920 - 9923] ( Chapter 14 enacted by Stats. 1990, Ch. 79. ) ## 9920. If it is to the advantage of the estate to exchange property of the estate for other property, the personal representative may, after authorization by order of court obtained under this chapter and upon such terms and conditions as may be prescribed by the court, exchange the property for the other property. The terms and conditions prescribed by the court may include the payment or receipt of part cash by the personal representative. (Enacted by Stats. 1990, Ch. 79.)
  50. 9921.

    ## 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 14. Exchange of Property [9920 - 9923] ( Chapter 14 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    To get an order under this chapter, the personal representative or any interested person must file a petition with a property description, the proposed exchange terms and conditions, and a showing that the exchange 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 14. Exchange of Property [9920 - 9923] ( Chapter 14 enacted by Stats. 1990, Ch. 79. ) ## 9921. To obtain an order under this chapter, the personal representative or any interested person shall file a petition containing all of the following: (a) A description of the property. (b) The terms and conditions of the proposed exchange. (c) A showing that the proposed exchange is to the advantage of the estate. (Enacted by Stats. 1990, Ch. 79.)
  51. 9922.

    ## 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 14. Exchange of Property [9920 - 9923] ( Chapter 14 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    For a petition hearing, notice must be given under Section 1220, 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 14. Exchange of Property [9920 - 9923] ( Chapter 14 enacted by Stats. 1990, Ch. 79. ) ## 9922. (a) Except as provided in subdivision (b), notice of the hearing on the petition shall be given as provided in Section 1220. (b) If the petition is for authorization to exchange securities as defined in Section 10200 for different securities, the court, upon a showing of good cause, may order that the notice be given for a shorter period or that the notice be dispensed with. The order provided by this subdivision may be made ex parte. (Enacted by Stats. 1990, Ch. 79.)
  52. 9923.

    ## 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 14. Exchange of Property [9920 - 9923] ( Chapter 14 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A mistake or irregularity in proceedings under this chapter does not invalidate the proceedings or an exchange made under a chapter order.

    ## 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 14. Exchange of Property [9920 - 9923] ( Chapter 14 enacted by Stats. 1990, Ch. 79. ) ## 9923. No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the exchange made pursuant to an order made under this chapter. (Enacted by Stats. 1990, Ch. 79.)
  53. 9940.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    For this chapter, a “lease” includes certain leases with purchase options, and a lease term is treated as extended if the lease gives the lessee that right.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. ) ## 9940. For the purpose of this chapter: (a) “Lease” includes, without limitation, a lease that includes an option to purchase real propery of the estate. (b) If a lease gives the lessee the right to extend the term of the lease, the length of the term shall be considered as though the right to extend had been exercised. (Enacted by Stats. 1990, Ch. 79.)
  54. 9941.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may lease estate real property without court authorization if doing so benefits the estate and either the rent is no more than $5,000 per month for a term of up to one year, or the lease is month-to-month.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. ) ## 9941. If it is to the advantage of the estate, the personal representative may lease, as lessor, real property of the estate without authorization of the court in either of the following cases: (a) Where the rental does not exceed five thousand dollars ($5,000) a month and the term does not exceed one year. (b) Where the lease is from month to month, regardless of the amount of the rental. (Amended by Stats. 1990, Ch. 710, Sec. 25. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  55. 9942.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may lease estate real property only after court authorization and a showing that the lease 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. ) ## 9942. (a) The personal representative may lease, as lessor, real property of the estate after authorization by order of court obtained under this chapter upon a showing that the proposed lease is to the advantage of the estate. (b) If the proposed lease includes an option to purchase real property of the estate, a petition for an order authorizing the lease shall be filed under this chapter but the applicable provisions for court approval both in this chapter and in Chapter 16 (commencing with Section 9960) apply to the execution of the lease. (Enacted by Stats. 1990, Ch. 79.)
  56. 9943.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    To get an order for a lease under this chapter, a personal representative or interested person must file a petition with required details about the proposed lease.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. ) ## 9943. (a) To obtain an order under this chapter, the personal representative or any interested person shall file a petition containing all of the following: (1) A general description of the real property proposed to be leased. (2) The term, rental, and general conditions of the proposed lease. (3) A showing that the proposed lease is to the advantage of the estate. (b) If the lease is proposed to be for a term longer than 10 years, the petition shall also state facts showing the need for the longer lease and its advantage to the estate and its benefit to the interested persons. (Enacted by Stats. 1990, Ch. 79.)
  57. 9944.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section requires notice of the hearing on a petition to be given and posted, with an added notice requirement for leases longer than 10 years.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. ) ## 9944. (a) Notice of the hearing on the petition shall be given as provided in Section 1220 and posted as provided in Section 1230. (b) Notice of the hearing on the petition also shall be given as provided in Section 10300, but this notice is not required if the will authorizes or directs the personal representative to lease or sell property. (c) If the lease is proposed to be for a term longer than 10 years, in addition to the notice required by subdivision (a), notice of the hearing shall be given as provided in Section 1220 to all of the following persons: (1) Each known heir whose interest in the estate would be affected by the proposed lease. (2) Each known devisee whose interest in the estate would be affected by the proposed lease. (Enacted by Stats. 1990, Ch. 79.)
  58. 9945.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court must consider other good-faith lease offers at the hearing, and it must authorize the personal representative’s lease if statutory 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. ) ## 9945. (a) At the hearing, the court shall entertain and consider any other offer made in good faith at the hearing to lease the same property on more favorable terms. (b) If the court is satisfied that it will be to the advantage of the estate, and, if the lease is for more than 10 years, that it is to the benefit of interested persons, the court shall make an order authorizing the personal representative to make the lease to the person on the terms and conditions stated in the order. The court shall not make an order authorizing the personal representative to make the lease to any person other than the lessee named in the petition unless the offer made at the hearing is acceptable to the personal representative. (Enacted by Stats. 1990, Ch. 79.)
  59. 9946.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    An order approving a lease must state the minimum rent or royalty and the lease term, and it may include additional lease terms in certain mineral, oil, gas, hydrocarbon, or geothermal leases.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. ) ## 9946. (a) Subject to Section 9947, an order authorizing the execution of a lease shall set forth the minimum rental or royalty or both and the period of the lease. (b) The order may authorize other terms and conditions of the lease, including, with respect to a lease for the purpose of exploration for or production or removal of minerals, oil, gas, or other hydrocarbon substances, or geothermal energy, any one or more of the following provisions: (1) A provision for the payment of rental and royalty to a depositary. (2) A provision for the appointment of a common agent to represent the interests of all the lessors. (3) A provision for the payment of a compensatory royalty in lieu of rental and in lieu of drilling and producing operations on the land covered by the lease. (4) A provision empowering the lessee to enter into any agreement authorized by Section 3301 of the Public Resources Code with respect to the land covered by the lease. (5) A provision for a community oil lease or a pooling or unitization by the lessee. (c) If the lease covers additional property owned by other persons or an undivided or other interest of the decedent less than the entire ownership in the property, the order may authorize the lease to provide for division of rental and royalty in the proportion that the land or interest of each owner bears to the total area of the land or total interests covered by the lease. (Enacted by Stats. 1990, Ch. 79.)
  60. 9947.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court controls the term of an estate lease, but cannot approve a lease longer than 10 years if an interested heir or devisee objects, except for certain mineral, oil, gas, hydrocarbon, or geothermal leases.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. ) ## 9947. (a) Except as provided in this section, the term of the lease shall be for such period as the court may authorize. (b) Except as provided in subdivision (c), the court shall not authorize a lease for longer than 10 years if any heir or devisee who has an interest in the property to be leased objects at the hearing. (c) If the lease is for the purpose of exploration for or production or removal of minerals, oil, gas, or other hydrocarbon substances, or geothermal energy, the court may authorize that the lease be for a fixed period and any of the following: (1) So long thereafter as minerals, oil, gas, or other hydrocarbon substances or geothermal energy are produced in paying quantities from the property leased or mining or drilling operations are conducted thereon. (2) If the lease provides for the payment of a compensatory royalty, so long thereafter as such compensatory royalty is paid. (3) If the land covered by the lease is included in an agreement authorized by Section 3301 of the Public Resources Code, so long thereafter as oil, gas, or other hydrocarbon substances are produced in paying quantities from any of the lands included in any such agreement or drilling operations are conducted thereon. (Enacted by Stats. 1990, Ch. 79.)
  61. 9948.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The personal representative must execute, acknowledge, and deliver the lease as directed by the order, and the court may make the lease order in proceedings under this code.

    ## 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 15. Leases [9940 - 9948] ( Chapter 15 enacted by Stats. 1990, Ch. 79. ) ## 9948. (a) The personal representative shall execute, acknowledge, and deliver the lease as directed, setting forth therein that it is made by authority of the order, giving the date of the order. (b) A lease made pursuant to an order obtained under this chapter is effectual to lease the premises described in the order at the rent, for the term, and upon the terms and conditions prescribed in the order. (c) Jurisdiction of the court in proceedings under this code concerning the administration of the estate of the decedent vests the court with jurisdiction to make the order for the lease. This jurisdiction shall conclusively inure to the benefit of the lessee and the lessee’s heirs and assigns. (d) No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the lease made pursuant to an order made under this chapter. (Enacted by Stats. 1990, Ch. 79.)
  62. 9960.

    ## 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 16. Granting Option to Purchase Real Property [9960 - 9966] ( Chapter 16 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative may, with court authorization, grant an option to buy estate 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 16. Granting Option to Purchase Real Property [9960 - 9966] ( Chapter 16 enacted by Stats. 1990, Ch. 79. ) ## 9960. After authorization by order of court obtained under this chapter, the personal representative may 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.)
  63. 9961.

    ## 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 16. Granting Option to Purchase Real Property [9960 - 9966] ( Chapter 16 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A personal representative must file a petition to get an order under this chapter.

    ## 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 16. Granting Option to Purchase Real Property [9960 - 9966] ( Chapter 16 enacted by Stats. 1990, Ch. 79. ) ## 9961. To obtain an order under this chapter, the personal representative shall file a petition containing all of the following: (a) A description of the real property. (b) The terms and conditions of the proposed option. (c) A showing that granting the option is to the advantage of the estate. (Enacted by Stats. 1990, Ch. 79.)
  64. 9962.

    ## 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 16. Granting Option to Purchase Real Property [9960 - 9966] ( Chapter 16 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The purchase price for the real property option must be at least 90% of the property’s appraised 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 16. Granting Option to Purchase Real Property [9960 - 9966] ( Chapter 16 enacted by Stats. 1990, Ch. 79. ) ## 9962. The purchase price of the real property subject to the option shall be at least 90 percent of the appraised value of the real property. The appraisal shall be made in the manner provided in subdivision (c) of Section 10309 within one year prior to the hearing of the petition. (Enacted by Stats. 1990, Ch. 79.)
  65. 9963.

    ## 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 16. Granting Option to Purchase Real Property [9960 - 9966] ( Chapter 16 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Notice of the hearing on the petition must be posted and given to listed persons, known heirs, and known devisees affected by the option.

    ## 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 16. Granting Option to Purchase Real Property [9960 - 9966] ( Chapter 16 enacted by Stats. 1990, Ch. 79. ) ## 9963. 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: (a) Each person listed in Section 1220. (b) Each known heir whose interest in the estate would be affected by the granting of the option. (c) Each known devisee whose interest in the estate would be affected by the granting of the option. (Enacted by Stats. 1990, Ch. 79.)
  66. 9964.

    ## 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 16. Granting Option to Purchase Real Property [9960 - 9966] ( Chapter 16 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The court must authorize the personal representative to grant the option if the court finds the stated conditions are met. Higher or better offers are considered only if the personal representative tells the court before the order is made that the offer is acceptable.

    ## 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 16. Granting Option to Purchase Real Property [9960 - 9966] ( Chapter 16 enacted by Stats. 1990, Ch. 79. ) ## 9964. (a) The court shall make an order authorizing the personal representative to grant the option upon the terms and conditions stated in the order if the court is satisfied as to all of the following: (1) Good reason exists to grant the option and granting the option will be to the advantage of the estate. (2) It does not appear that a higher offer with respect to the purchase price of the real property subject to the option may be obtained. An offer is a higher offer with respect to purchase price only if the offer satisfies the requirements of Section 10311 governing increased bids in real property sales. (3) It does not appear that a better offer with respect to the terms of the option may be obtained. An offer is a better offer with respect to the terms of the option only if the offer is materially more advantageous to the estate. (b) A higher offer made either for cash or on credit, whether on the same or different credit terms, or a better offer, shall be considered only if the personal representative informs the court in person or by counsel, before the court makes its order authorizing the granting of the option, that the offer is acceptable. (Enacted by Stats. 1990, Ch. 79.)
  67. 9965.

    ## 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 16. Granting Option to Purchase Real Property [9960 - 9966] ( Chapter 16 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    An option granted under this chapter must comply with Civil Code Chapter 4.

    ## 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 16. Granting Option to Purchase Real Property [9960 - 9966] ( Chapter 16 enacted by Stats. 1990, Ch. 79. ) ## 9965. An option granted pursuant to an order made under this chapter, whether within or beyond the administration of the estate, is subject to Chapter 4 (commencing with Section 884.010) of Title 5 of Part 2 of Division 2 of the Civil Code. (Enacted by Stats. 1990, Ch. 79.)
  68. 9966.

    ## 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 16. Granting Option to Purchase Real Property [9960 - 9966] ( Chapter 16 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Errors, omissions, or irregularities in proceedings under this chapter do not invalidate the proceedings or an option granted under an order made under it.

    ## 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 16. Granting Option to Purchase Real Property [9960 - 9966] ( Chapter 16 enacted by Stats. 1990, Ch. 79. ) ## 9966. No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the granting of an option pursuant to an order made under this chapter. (Enacted by Stats. 1990, Ch. 79.)
  69. 9980.

    ## 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 17. Option to Purchase Given in Will [9980 - 9983] ( Chapter 17 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A person given an option to buy property in a will may exercise it within the will’s time limits, with a default one-year limit if the will is silent.

    ## 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 17. Option to Purchase Given in Will [9980 - 9983] ( Chapter 17 enacted by Stats. 1990, Ch. 79. ) ## 9980. (a) Where an option to purchase real or personal property is given in a will, the person given the option has the right to exercise the option at any time within the time limits provided by the will. For the purposes of this section, if a time limitation in the will is measured from the death of the testator, that time shall be extended by the period between the testator’s death and the issuance of letters testamentary or of administration with the will annexed or by six months, whichever is the shorter period. (b) If the will does not provide a time limit for exercise of the option, the time limit is one year from the death of the decedent. (c) Subject to subdivision (b), if the option given in the will is exercisable under the terms of the will after the time that the estate would otherwise be closed, the property subject to the option shall be distributed subject to the option. (Enacted by Stats. 1990, Ch. 79.)
  70. 9981.

    ## 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 17. Option to Purchase Given in Will [9980 - 9983] ( Chapter 17 enacted by Stats. 1990, Ch. 79. )

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    If a will admitted to probate gives an option to purchase property, the court may order the personal representative to transfer or convey the property when the will’s terms 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 17. Option to Purchase Given in Will [9980 - 9983] ( Chapter 17 enacted by Stats. 1990, Ch. 79. ) ## 9981. (a) Where an option to purchase real or personal property is given in a will admitted to probate, the court may make an order under this chapter directing the personal representative to transfer or convey the property to the person given the option upon compliance with the terms and conditions stated in the will. (b) The personal representative or the person given the option to purchase the property may file a petition for an order pursuant to this chapter. (c) Notice of the hearing on the petition shall be given as provided in Section 1220. (Enacted by Stats. 1990, Ch. 79.)
  71. 9982.

    ## 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 17. Option to Purchase Given in Will [9980 - 9983] ( Chapter 17 enacted by Stats. 1990, Ch. 79. )

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    The court may not make an order under this chapter unless creditor rights will not be impaired or the court requires an approved bond.

    ## 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 17. Option to Purchase Given in Will [9980 - 9983] ( Chapter 17 enacted by Stats. 1990, Ch. 79. ) ## 9982. The court shall not make an order under this chapter unless one of the following requirements is satisfied: (a) The court determines that the rights of creditors will not be impaired by the making of the order. (b) The court requires a bond in an amount and with such surety as the court shall direct or approve. (Enacted by Stats. 1990, Ch. 79.)
  72. 9983.

    ## 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 17. Option to Purchase Given in Will [9980 - 9983] ( Chapter 17 enacted by Stats. 1990, Ch. 79. )

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    Errors, omissions, or irregularities in proceedings under this chapter do not invalidate the proceedings or a transfer or conveyance made under an order issued under the chapter.

    ## 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 17. Option to Purchase Given in Will [9980 - 9983] ( Chapter 17 enacted by Stats. 1990, Ch. 79. ) ## 9983. No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the transfer or conveyance made pursuant to an order made under this chapter. (Enacted by Stats. 1990, Ch. 79.)

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