reglab/housing_qa huggingface dataset:
CA Prob Code § 10166 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 3 - Compensation of Agent, Broker, or Auctioneer|Section 10166.

10166.  Notwithstanding that a bid contains a condition that a certain amount of the bid shall be paid to an agent or broker by the personal representative, only such compensation as is proper under this article shall be allowed. Acceptance of the bid by the court binds the bidder even though the compensation allowed by the court is less than that specified by the condition.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10167 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 3 - Compensation of Agent, Broker, or Auctioneer|Section 10167.

10167.  (a) Subject to subdivision (b), whether or not the auctioneer has a contract with the personal representative, the fees, compensation, and expenses of an auctioneer in connection with a sale of property shall be the amount the court, in its discretion, determines to be a reasonable compensation for the services of the auctioneer to the estate.(b) If the auctioneer has a contract with the personal representative, the amount of the compensation of the auctioneer in connection with the sale of property shall not exceed the amount provided for in the contract.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10168 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 3 - Compensation of Agent, Broker, or Auctioneer|Section 10168.

10168.  This article does not supersede any agreement cooperating agents or brokers may have among themselves to divide the compensation payable under this article.(Added by Stats. 1990, Ch. 710, Sec. 26. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
CA Prob Code § 10200 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 4 - Special Provisions Applicable to Particular Types of Property|Section 10200.

10200.  (a) As used in this section, “securities” means “security” as defined in Section 70, land trust certificates, certificates of beneficial interest in trusts, investment trust certificates, mortgage participation certificates, or certificates of deposit for any of the foregoing, but does not include notes secured by a mortgage or deed of trust unless the note or notes have been authorized or permitted to be issued by the Commissioner of Business Oversight or have been made by a public utility subject to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1 of the Public Utilities Code).(b) After authorization by order of court, securities may be sold or may be surrendered for redemption or conversion. Title to the securities sold or surrendered as authorized by an order obtained under this section passes without the need for subsequent court confirmation.(c) To obtain an order under this section, the personal representative or any interested person shall file a petition stating the terms and conditions and the advantage to the estate of the proposed sale or redemption or conversion. If the court authorizes the sale, redemption, or conversion, the court’s order shall fix the terms and conditions of sale, redemption, or conversion.(d) Notice of the hearing on the petition shall be given as provided in Section 1220 and posted as provided in Section 1230, but the court may order that the notice be given for a shorter period or dispensed with.(e) No notice of sale or of the redemption or conversion need be given if any of the following conditions are satisfied:(1) The minimum selling price is fixed by the court.(2) The securities are to be sold on an established stock or bond exchange.(3) The securities to be sold are securities designated as a national market system security on an interdealer quotation system, or subsystem thereof, by the National Association of Securities Dealers, Inc., sold through a broker-dealer registered under the Securities Exchange Act of 1934 during the regular course of business of the broker-dealer.(4) The securities are to be surrendered for redemption or conversion.(Amended by Stats. 2019, Ch. 143, Sec. 77. (SB 251) Effective January 1, 2020.)
CA Prob Code § 10201 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 4 - Special Provisions Applicable to Particular Types of Property|Section 10201.

10201.  (a)  For purposes of this section:(1) “Federal association” is defined in Section 5102 of the Financial Code. (2) “Mutual capital certificate” is defined in Section 5111 of the Financial Code.(3) “Savings account” is defined in Section 5116 of the Financial Code.(4) “Savings association” is defined in Section 5102 of the Financial Code. (5) “Withdrawal value” is defined in Section 5124 of the Financial Code.(b) Notwithstanding Section 10200, savings accounts and mutual capital certificates of a savings association or federal association may be sold or surrendered for withdrawal by the personal representative, and title thereto passed, without notice of sale, prior order of court, or subsequent confirmation by the court, if an amount of money is obtained upon the sale or withdrawal not less than the withdrawal value of the savings account or the value of the mutual capital certificate.(c) Notwithstanding Section 10200, credit union share accounts and certificates for funds may be sold or withdrawn by the personal representative, and title thereto passed, without notice of sale, prior order of court, or subsequent confirmation by the court, if an amount of money is obtained upon the sale or withdrawal not less than the withdrawal value of the share account or the value of the certificate for funds.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10202 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 4 - Special Provisions Applicable to Particular Types of Property|Section 10202.

10202.  Notwithstanding Section 10200, if an estate by reason of owning securities, also owns or receives subscription rights for the purchase of additional securities, the personal representative may sell all or part of the subscription rights without notice of sale, prior order of court, or subsequent confirmation by the court.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10203 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 4 - Special Provisions Applicable to Particular Types of Property|Section 10203.

10203.  (a) Except as provided in subdivision (b), where property to be sold consists of a leasehold interest, the sale shall be made as in the case of the sale of personal property of the estate.(b) The sale of a leasehold interest shall be made as in the case of the sale of real property of the estate if the interest to be sold consists of any of the following:(1) A leasehold interest in real property with an unexpired term of 10 years or longer. For this purpose, the leasehold interest shall be considered to have an unexpired term of 10 years or longer if the lessee has the right to extend the term and the term, if extended, would exceed 10 years.(2) A leasehold interest in real property together with an option to purchase the leased property or some part thereof.(3) A lease for the purpose of production of minerals, oil, gas, or other hydrocarbon substances, or geothermal energy.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10204 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 4 - Special Provisions Applicable to Particular Types of Property|Section 10204.

10204.  Property of the estate that consists of a partnership interest or an interest belonging to an estate by virtue of a partnership formerly existing may be sold in the same manner as other personal property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10205 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 4 - Special Provisions Applicable to Particular Types of Property|Section 10205.

10205.  A chose in action belonging to the estate may be sold in the same manner as other personal property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10206 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 4 - Special Provisions Applicable to Particular Types of Property|Section 10206.

10206.  (a) Except as otherwise provided in this section, if the decedent at the time of death was possessed of a contract for the purchase of real property and the decedent’s interest in the property and under the contract is to be sold, the sale shall be made as in the case of the sale of real property of the estate.(b) If the decedent’s interest in the property and under the contract is sold, the sale shall be made subject to all payments which are due at the time of sale or which may thereafter become due on the contract. Except as provided in subdivision (d), if there are any payments due or to become due, the court shall not confirm the sale until the purchaser executes a bond to the personal representative that satisfies the requirements of subdivision (c).(c) The bond shall be for the benefit and indemnity of the personal representative and the persons entitled to the interest of the decedent in the real property contracted for. The amount of the bond shall be equal to the amount of payments then due and thereafter to become due on the contract, with such sureties as the court may approve. The bond shall be conditioned that the purchaser will (1) make all payments for the property which are then due or which become due after the date of the sale and (2) fully indemnify the personal representative and the person entitled to the interest of the decedent against all demands, costs, charges, and expenses, by reason of any covenant or agreement contained in the contract.(d) The bond need not be given in either of the following cases:(1)  Where no claim has been made against the estate on the contract and the time for filing claims has expired.(2)  Where the person entitled to payment under the contract waives all recourse to the assets of the estate for payment and releases the estate and the personal representative from liability for payment.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10207 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 4 - Special Provisions Applicable to Particular Types of Property|Section 10207.

10207.  (a) Real property suitable for a shift-in-land-use loan to develop grazing or pasture facilities may be sold under this section by the personal representative to a grazing or pasture association in conformity with the federal Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921, et seq.) after authorization by order of the court.(b) The personal representative or any interested person may file a petition for an order under this section. Notice of the hearing on the petition shall be given as provided in Section 1220.(c) An order for sale of property under this section may be made only if the court determines both of the following:(1) Either the sale is made pursuant to the will of the decedent or all of the following have consented to the sale:(A) Each known heir whose interest in the estate would be affected by the sale.(B) Each known devisee who has an interest in the property under the decedent’s will.(2) The sale will not jeopardize the rights of creditors of the estate.(d) If the court makes an order authorizing sale of the property, the personal representative may make the sale in accord with the terms and conditions set out in the order, subject to the following requirements:(1) Except as provided in Sections 10002, 10301, 10303, and 10503, notice of the time and place of the sale shall be published pursuant to Section 10300.(2) The price of the sale made shall be not less than the value of the property as established by an independent and competent appraiser mutually acceptable to the federal government, the grazing or pasture association, and the personal representative.(3) Except as provided in Sections 10002 and 10503, the sale shall be reported to and confirmed by the court as provided in Article 6 (commencing with Section 10300) before title to the property passes, but the sale may be made irrespective of whether a higher bid is made to the court at the hearing on the petition to confirm the sale.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10250 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 5 - Sale of Personal Property|Section 10250.

10250.  Subject to Sections 10251 and 10252 and except as otherwise provided by statute, personal property of the estate may be sold only after notice of sale is given by one or both of the following methods, as the personal representative may determine:(a)  Posting at the county courthouse of the county in which the proceedings are pending at least 15 days before:(1) In the case of a private sale, the day specified in the notice of sale as the day on or after which the sale is to be made.(2) In the case of a public auction sale, the day of the auction.(b)  Publication pursuant to Section 6063a of the Government Code in a newspaper in the county in which the proceedings are pending, such publication to be completed before:(1) In the case of a private sale, the day specified in the notice of sale as the day on or after which the sale is to be made.(2) In the case of a public auction sale, the day of the auction.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10251 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 5 - Sale of Personal Property|Section 10251.

10251.  (a) If it is shown that it will be to the advantage of the estate, the court or judge may by order shorten the time of notice of sale to not less than five days.(b) If the court or judge makes an order under subdivision (a), notice of sale shall be given by one or both of the following methods, as the personal representative may determine:(1) By posting as provided in Section 10250 except that the posting shall be for at least five days instead of 15 days as required by Section 10250.(2) By publication as provided in Section 10250 except that the publication shall be pursuant to Section 6061 of the Government Code.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10252 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 5 - Sale of Personal Property|Section 10252.

10252.  Personal property may be sold with or without notice, as the personal representative may determine, in any of the following cases:(a) Where the property is directed by the will to be sold.(b) Where authority is given in the will to sell the property.(c) Where the property is perishable, will depreciate in value if not disposed of promptly, or will incur loss or expense by being kept.(d) Where sale of the property is necessary to provide for the payment of a family allowance pending receipt of other sufficient funds.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10253 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 5 - Sale of Personal Property|Section 10253.

10253.  (a) The notice of sale given pursuant to Section 10250 shall state all of the following:(1) Whether the sale is to be a private sale or a public auction sale.(2) In the case of a private sale, the place at which bids or offers will be received and a day on or after which the sale will be made or, in the case of a public auction sale, the time and place of sale.(3) A brief description of the personal property to be sold.(b) The notice of sale may state other matters in addition to those required by subdivision (a), including terms and conditions of sale.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10254 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 5 - Sale of Personal Property|Section 10254.

10254.  (a) Unless the court orders otherwise pursuant to subdivision (b):(1) A sale of personal property at a public auction sale shall be made within this state at the courthouse door, at the auction house, at some other public place, or at the residence of the decedent.(2) No public auction sale shall be made of any tangible personal property that is not present at the time of sale.(b) Upon petition of the personal representative or any interested person, the court may order either or both of the following:(1) That a sale of personal property at public auction be made at any place within or without the United States.(2) That tangible personal property need not be present at the time of sale. (c) The personal representative may postpone a public auction sale of personal property from time to time if all of the following conditions are satisfied:(1) The personal representative believes that the postponement is to the advantage of the estate.(2) Notice of the postponement is given by public declaration at the time and place appointed for the sale.(3) The postponement, together with previous postponements of sale of the property, does not exceed three months.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10255 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 5 - Sale of Personal Property|Section 10255.

10255.  (a) A private sale of personal property may not be made before the day stated in the notice of sale as the day on or after which the sale will be made, nor later than one year after that day.(b) In the case of a private sale of personal property, the bids or offers shall be in writing and shall be left at the place designated in the notice of sale, or be delivered to the personal representative personally or to the person specified in the notice of sale, at any time after the first publication or posting of notice of sale and before the making of the sale.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10256 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 5 - Sale of Personal Property|Section 10256.

10256.  Whether a sale of personal property is private or at public auction, bids shall substantially comply with any terms specified in the notice of sale.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10257 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 5 - Sale of Personal Property|Section 10257.

10257.  (a) Personal property may be sold for cash or on credit.(b) Except as may otherwise be ordered by the court pursuant to Section 10258, if a sale is made on credit, not less than 25 percent of the purchase price shall be paid in cash at the time of sale, and the personal representative shall do one of the following:(1) Take the note of the purchaser for the balance of the purchase money, with a security interest in the personal propery sold, to secure the payment of the balance.(2) Enter into a conditional sale contract under which title is retained until the balance is paid.(c) The terms of the note and security interest or conditional sale contract shall be approved by the court at the time of confirmation of sale.(d) Where property sold by the personal representative for part cash and part deferred payments consists of an undivided interest in personal property or any other interest therein less than the entire ownership and the owner or owners of the remaining interests therein join in the sale, the note and security interest may be made to the personal representative and such others having an interest in the property. The interest of the personal representative in the note and security interest shall be in the same interest and in the same proportions as the estate’s interest in the property prior to the sale.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10258 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 5 - Sale of Personal Property|Section 10258.

10258.  (a) On petition of the personal representative, the court may by order authorize a sale of personal property on credit on terms providing for less than 25 percent of the purchase price to be paid in cash at the time of sale, or may waive or modify the requirement that a security interest or other lien shall be retained or taken to secure payment of the balance of the purchase price, where it is shown that the terms are to the advantage of the estate and the property to be sold is of such a nature that it is impracticable to sell the property for a larger cash payment at the time of sale or to retain a security interest or other lien in the property. The order of the court shall fix the terms and conditions of the sale.(b) Notice of the hearing on the petition shall be posted as provided in Section 1230 and given as provided in Section 1220 to all of the following persons:(1) Each person listed in Section 1220.(2) Each known heir whose interest in the estate would be affected by the sale.(3) Each known devisee whose interest in the estate would be affected by the sale.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10259 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 5 - Sale of Personal Property|Section 10259.

10259.  (a) Title to the following personal property passes upon sale without the need for court confirmation or approval:(1) Personal property which is perishable, which will depreciate in value if not disposed of promptly, or which will incur loss or expense by being kept.(2) Personal property the sale of which is necessary to provide for the payment of a family allowance pending receipt of other sufficient funds.(b) Title to personal property sold at public auction passes without the need for court confirmation or approval upon receipt of the purchase price and:(1) In the case of tangible personal property, the delivery of the property to the purchaser.(2) In the case of intangible personal property, the delivery to the purchaser of the instrument that transfers the title to the property to the purchaser.(c) The personal representative is responsible for the actual value of the property described in subdivision (a) or (b) unless the sale is reported to and approved by the court.(Enacted by Stats. 1990, Ch. 79.)