reglab/housing_qa huggingface dataset:
CA Prob Code § 10350 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 7 - Vacating Sale for Purchaser s Default; Liability of Defaulting Purchaser for Damages|Section 10350.

10350.  (a) If after court confirmation of sale of real or personal property the purchaser fails to comply with the terms of sale, the court may, on petition of the personal representative, vacate the order of confirmation, order a resale of the property, and award damages to the estate against the purchaser.(b) Notice of the hearing on the petition shall be given as provided in Section 1220 to the persons designated by that section and the notice and a copy of the petition shall be given to the buyers and brokers named in the order confirming sale, except that notice need not be given to a defaulting purchaser whose written consent to the petition is filed with the court before the hearing.(c) Notice of the resale of the property shall be given as provided in this chapter for a sale of the property in the first instance.(d) Proceedings after notice of the resale shall be as provided in this chapter for a sale of the property in the first instance.(e) If the property is resold, the defaulting purchaser is liable to the estate for damages equal to the sum of the following:(1) The difference between the contract price of the first sale and the amount paid by the purchaser at the resale.(2) Expenses made necessary by the purchaser’s breach.(3) Other consequential damages.(Amended by Stats. 1992, Ch. 871, Sec. 12. Effective January 1, 1993.)
CA Prob Code § 10351 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 7 - Vacating Sale for Purchaser s Default; Liability of Defaulting Purchaser for Damages|Section 10351.

10351.  (a) The court may vacate the order of confirmation of a sale of real or personal property and make an order confirming the sale to the new high bidder if both of the following requirements are satisfied:(1) A petition is filed within 60 days after confirmation of the sale showing that (A) the purchaser at the sale has failed to complete the purchase and (B) a bid has been made for the property in the same or a higher amount, on the same or better terms, and in the manner prescribed in the original notice of sale. (2) The sale has not been vacated pursuant to Section 10350.(b) Notice of the hearing on the petition shall be given as provided in Section 1220 to the persons designated by that section and the notice and a copy of the petition shall be given to the buyers and brokers named in the order confirming sale, except that notice need not be given to a defaulting purchaser whose written consent to the vacation of the order confirming the sale is filed with the court prior to the hearing.(c) If the report and petition for confirmation of the second sale are not filed within 60 days of the confirmation of the first sale, the property may be resold only in the manner provided in Section 10350.(Amended by Stats. 1992, Ch. 871, Sec. 13. Effective January 1, 1993.)
CA Prob Code § 10360 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 8 - Application of Sale Proceeds of Encumbered Property; Sale to Lienholder|Section 10360.

10360.  As used in this article:(a) “Amount secured by the lien” includes interest and any costs and charges secured by the lien.(b) “Encumbered property” means real or personal property that is subject to a lien for a secured debt which is a valid claim against the estate and which has been allowed or approved.(c) “Lien” means a mortgage, deed of trust, or other lien.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10361 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 8 - Application of Sale Proceeds of Encumbered Property; Sale to Lienholder|Section 10361.

10361.  (a) If encumbered property is sold, the purchase money shall be applied in the following order:(1) Expenses of administration which are reasonably related to the administration of the property sold as provided in paragraph (1) of subdivision (a) of Section 11420.(2) The payment of the expenses of the sale.(3) The payment and satisfaction of the amount secured by the lien on the property sold if payment and satisfaction of the lien is required under the terms of the sale.(4) Application in the course of administration.(b) The application of the purchase money, after the payment of those expenses set forth in paragraphs (1) and (2) of subdivision (a), to the payment and satisfaction of the amount secured by the lien on the property sold shall be made without delay; and, subject to Section 10362, the property sold remains subject to the lien until the purchase money has been actually so applied.(Amended by Stats. 1996, Ch. 862, Sec. 26. Effective January 1, 1997.)
CA Prob Code § 10361.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 8 - Application of Sale Proceeds of Encumbered Property; Sale to Lienholder|Section 10361.5.

10361.5.  The personal representative or any interested party may, at any time before payment is made to satisfy all liens on the encumbered property sold, petition for an order determining the amount of expenses of administration that are reasonably related to the administration of that encumbered property as provided in paragraph (1) of subdivision (a) of Section 11420. The petition may be heard as part of a petition for confirmation of sale of personal or real property as provided in Section 10260 or 10308, respectively or may be heard separately. If the petition is presented as part of a petition for confirmation of sale of real or personal property, the notice of hearing otherwise required by this code for a petition for confirmation of sale shall be given in addition to the notice requirements under Section 10361.6.(Added by Stats. 1996, Ch. 862, Sec. 27. Effective January 1, 1997.)
CA Prob Code § 10361.6 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 8 - Application of Sale Proceeds of Encumbered Property; Sale to Lienholder|Section 10361.6.

10361.6.  (a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 3 of the Code of Civil Procedure on all of the following persons:(1) The personal representative, if the personal representative is not the petitioner.(2) The holder of any mortgage or other lien secured by the property that is sold.(3) All agents or brokers entitled to compensation from the proceeds of the property that is sold.(b) Except for those persons given notice pursuant to subdivision (a), notice of the hearing, together with a copy of the petition, shall be given as provided in Section 1220 to all of the following persons:(1) Each person listed in Section 1220.(2) Each known heir whose interest in the estate would be affected by the petition.(3) Each known devisee whose interest in the estate would be affected by the petition.(4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.(c) The court may not shorten the time for giving the notice of hearing under this section.(Added by Stats. 1996, Ch. 862, Sec. 28. Effective January 1, 1997.)
CA Prob Code § 10362 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 8 - Application of Sale Proceeds of Encumbered Property; Sale to Lienholder|Section 10362.

10362.  (a) If encumbered property is sold, the purchase money, or so much of the purchase money as is sufficient to pay the amount secured by the lien on the property sold and the expenses of the sale, may be paid to the clerk of the court. Upon the payment being so made, the lien on the property sold ceases.(b) The clerk of court without delay shall use the money paid to the clerk under this section to pay the expenses of the sale and to pay and satisfy the amount secured by the lien on the property sold. The clerk shall at once return the surplus, if any, to the personal representative unless the court, for good cause shown and after notice to the personal representative, otherwise orders.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10363 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 8 - Application of Sale Proceeds of Encumbered Property; Sale to Lienholder|Section 10363.

10363.  (a) At a sale of real or personal property subject to a lien, the lienholder may become the purchaser of the property, even though no claim for the amount secured by the lien on the property sold has been, or could have been, filed, allowed, or approved.(b) Unless the property is sold subject to the lien:(1) If the lienholder becomes the purchaser of the property and the amount secured by the lien on the property is a valid claim against the estate and has been allowed or approved, the receipt of the lienholder for the amount due the lienholder from the proceeds of the sale is a payment pro tanto.(2) If the lienholder becomes the purchaser of the property and no claim for the amount secured by the lien on the property has been filed, allowed, or approved, the court may at the hearing on the petition for confirmation of the sale examine into the validity and enforceability of the lien and the amount secured by the lien, and the court may authorize the personal representative to accept the receipt of the lienholder for the amount secured by the lien as payment pro tanto.(3) If the lienholder becomes the purchaser of the property and the amount for which the property is purchased is insufficient to pay the expenses of the sale and to discharge the lienholder’s lien, whether or not a claim has been filed, allowed, or approved, the lienholder shall pay to the clerk of the court an amount sufficient to cover the expenses of the sale.(c) Nothing permitted under this section shall be deemed to be an allowance or approval of a claim based upon the lien or the amount secured by the lien.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10380 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 9 - Damages and Recovery of Property|Section 10380.

10380.  The personal representative is liable to an interested person for damages suffered by the interested person by reason of the neglect or misconduct of the personal representative in the proceedings in relation to a sale.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10381 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 9 - Damages and Recovery of Property|Section 10381.

10381.  In addition to any other damages for which the personal representative is liable, if the personal representative fraudulently sells real property of the estate contrary to or otherwise than under the provisions of this chapter, the person having an estate of inheritance in the real property may recover from the personal representative, as liquidated damages, an amount equal to double the fair market value of the real property sold on the date of sale.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10382 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 9 - Damages and Recovery of Property|Section 10382.

10382.  (a) No action for the recovery of property sold by a personal representative on the claim that the sale is void may be maintained by an heir or other person claiming under the decedent unless the action is commenced within whichever of the following is the later time:(1) Three years after the settlement of the final account of the personal representative.(2) Three years after the discovery of any fraud upon which the action is based.(b) The limitation established by subdivision (a) is not tolled for any reason.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10500 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES|CHAPTER 3 - Administration Under Independent Administration Authority|ARTICLE 1 - General Provisions|Section 10500.

10500.  (a) Subject to the limitations and conditions of this part, a personal representative who has been granted authority to administer the estate under this part may administer the estate as provided in this part without court supervision, but in all other respects the personal representative shall administer the estate in the same manner as a personal representative who has not been granted authority to administer the estate under this part.(b) Notwithstanding subdivision (a), the personal representative may obtain court supervision as provided in this code of any action to be taken by the personal representative during administration of the estate.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10501 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES|CHAPTER 3 - Administration Under Independent Administration Authority|ARTICLE 1 - General Provisions|Section 10501.

10501.  (a) Notwithstanding any other provision of this part, whether the personal representative has been granted full authority or limited authority, a personal representative who has obtained authority to administer the estate under this part is required to obtain court supervision, in the manner provided in this code, for any of the following actions:(1) Allowance of the personal representative’s compensation.(2) Allowance of compensation of the attorney for the personal representative.(3) Settlement of accounts.(4) Subject to Section 10520, preliminary and final distributions and discharge.(5) Sale of property of the estate to the personal representative or to the attorney for the personal representative.(6) Exchange of property of the estate for property of the personal representative or for property of the attorney for the personal representative.(7) Grant of an option to purchase property of the estate to the personal representative or to the attorney for the personal representative.(8) Allowance, payment, or compromise of a claim of the personal representative, or the attorney for the personal representative, against the estate.(9) Compromise or settlement of a claim, action, or proceeding by the estate against the personal representative or against the attorney for the personal representative.(10) Extension, renewal, or modification of the terms of a debt or other obligation of the personal representative, or the attorney for the personal representative, owing to or in favor of the decedent or the estate.(b) Notwithstanding any other provision of this part, a personal representative who has obtained only limited authority to administer the estate under this part is required to obtain court supervision, in the manner provided in this code, for any of the following actions:(1) Sale of real property.(2) Exchange of real property.(3) Grant of an option to purchase real property.(4) Borrowing money with the loan secured by an encumbrance upon real property.(c) Paragraphs (5) to (10), inclusive, of subdivision (a) do not apply to a transaction between the personal representative as such and the personal representative as an individual where all of the following requirements are satisfied:(1) Either (A) the personal representative is the sole beneficiary of the estate or (B) all the known heirs or devisees have consented to the transaction.(2) The period for filing creditor claims has expired.(3) No request for special notice is on file or all persons who filed a request for special notice have consented to the transaction.(4) The claim of each creditor who filed a claim has been paid, settled, or withdrawn, or the creditor has consented to the transaction.(Amended by Stats. 1992, Ch. 178, Sec. 37. Effective January 1, 1993.)
CA Prob Code § 10502 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES|CHAPTER 3 - Administration Under Independent Administration Authority|ARTICLE 1 - General Provisions|Section 10502.

10502.  (a) Subject to the conditions and limitations of this part and to Section 9600, a personal representative who has been granted authority to administer the estate under this part has the powers described in Article 2 (commencing with Section 10510), Article 3 (commencing with Section 10530), and Article 4 (commencing with Section 10550).(b) The will may restrict the powers that the personal representative may exercise under this part.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10503 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES|CHAPTER 3 - Administration Under Independent Administration Authority|ARTICLE 1 - General Provisions|Section 10503.

10503.  Subject to the limitations and requirements of this part, when the personal representative exercises the authority to sell property of the estate under this part, the personal representative may sell the property either at public auction or private sale, and with or without notice, for such price, for cash or on credit, and upon such terms and conditions as the personal representative may determine, and the requirements applicable to court confirmation of sales of real property (including, but not limited to, publication of notice of sale, court approval of agents’ and brokers’ commissions, sale at not less than 90 percent of appraised value, and court examination into the necessity for the sale, advantage to the estate and benefit to interested persons, and efforts of the personal representative to obtain the highest and best price for the property reasonably attainable), and the requirements applicable to court confirmation of sales of personal property, do not apply to the sale.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10510 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES|CHAPTER 3 - Administration Under Independent Administration Authority|ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action|Section 10510.

10510.  The personal representative may exercise the powers described in this article only if the requirements of Chapter 4 (commencing with Section 10580) (notice of proposed action procedure) are satisfied.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10511 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES|CHAPTER 3 - Administration Under Independent Administration Authority|ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action|Section 10511.

10511.  The personal representative who has full authority has the power to sell or exchange real property of the estate.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10512 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES|CHAPTER 3 - Administration Under Independent Administration Authority|ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action|Section 10512.

10512.  The personal representative has the power to sell or incorporate any of the following:(a) An unincorporated business or venture in which the decedent was engaged at the time of the decedent’s death.(b) An unincorporated business or venture which was wholly or partly owned by the decedent at the time of the decedent’s death.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10513 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES|CHAPTER 3 - Administration Under Independent Administration Authority|ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action|Section 10513.

10513.  The personal representative has the power to abandon tangible personal property where the cost of collecting, maintaining, and safeguarding the property would exceed its fair market value.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10514 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES|CHAPTER 3 - Administration Under Independent Administration Authority|ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action|Section 10514.

10514.  (a) Subject to subdivision (b), the personal representative has the following powers:(1) The power to borrow.(2) The power to place, replace, renew, or extend any encumbrance upon any property of the estate.(b) Only a personal representative who has full authority has the power to borrow money with the loan secured by an encumbrance upon real property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10515 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES|CHAPTER 3 - Administration Under Independent Administration Authority|ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action|Section 10515.

10515.  The personal representative who has full authority has the power to grant an option to purchase real property of the estate for a period within or beyond the period of administration.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10516 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES|CHAPTER 3 - Administration Under Independent Administration Authority|ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action|Section 10516.

10516.  If the will gives a person the option to purchase real or personal property and the person has complied with the terms and conditions stated in the will, the personal representative has the power to convey or transfer the property to the person.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10517 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES|CHAPTER 3 - Administration Under Independent Administration Authority|ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action|Section 10517.

10517.  The personal representative has the power to convey or transfer real or personal property to complete a contract entered into by the decedent to convey or transfer the property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10518 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES|CHAPTER 3 - Administration Under Independent Administration Authority|ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action|Section 10518.

10518.  The personal representative has the power to allow, compromise, or settle any of the following:(a) A third-party claim to real or personal property if the decedent died in possession of, or holding title to, the property.(b) The decedent’s claim to real or personal property title to or possession of which is held by another.(Enacted by Stats. 1990, Ch. 79.)