reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 12 - Purchase of Claims or Estate Property by Personal Representative or Personal Representative s Attorney › Section 9883.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 12 - Purchase of Claims or Estate Property by Personal Representative or Personal Representative s Attorney › Section 9884.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 12 - Purchase of Claims or Estate Property by Personal Representative or Personal Representative s Attorney › Section 9885.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 13 - Dedication or Conveyance to Governmental Entity; Easements and Access Rights › Section 9900.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 13 - Dedication or Conveyance to Governmental Entity; Easements and Access Rights › Section 9901.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 14 - Exchange of Property › Section 9920.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 14 - Exchange of Property › Section 9921.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 14 - Exchange of Property › Section 9922.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 14 - Exchange of Property › Section 9923.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 15 - Leases › Section 9940.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 15 - Leases › Section 9941.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 15 - Leases › Section 9942.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 15 - Leases › Section 9943.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 15 - Leases › Section 9944.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 15 - Leases › Section 9945.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 15 - Leases › Section 9946.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 15 - Leases › Section 9947.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 15 - Leases › Section 9948.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 16 - Granting Option to Purchase Real Property › Section 9960.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 16 - Granting Option to Purchase Real Property › Section 9961.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 16 - Granting Option to Purchase Real Property › Section 9962.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 16 - Granting Option to Purchase Real Property › Section 9963.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 16 - Granting Option to Purchase Real Property › Section 9964.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 16 - Granting Option to Purchase Real Property › Section 9965.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 16 - Granting Option to Purchase Real Property › Section 9966.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 17 - Option to Purchase Given in Will › Section 9980.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 17 - Option to Purchase Given in Will › Section 9981.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 17 - Option to Purchase Given in Will › Section 9982.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 17 - Option to Purchase Given in Will › Section 9983.

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.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 1 - General Provisions › Section 10000.

10000. Subject to the limitations, conditions, and requirements of this chapter, the personal representative may sell real or personal property of the estate in any of the following cases:
(a) Where the sale is necessary to pay debts, devises, family allowance, expenses of administration, or taxes.
(b) Where the sale is to the advantage of the estate and in the best interest of the interested persons.
(c) Where the property is directed by the will to be sold.
(d) Where authority is given in the will to sell the property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 1 - General Provisions › Section 10001.

10001. (a) If the personal representative neglects or refuses to sell the property, any interested person may petition the court for an order requiring the personal representative to sell real or personal property of the estate in any of the following cases:
(1) Where the sale is necessary to pay debts, devises, family allowance, expenses of administration, or taxes.
(2) Where the sale is to the advantage of the estate and in the best interest of the interested persons.
(3) Where the property is directed by the will to be sold.
(b) Notice of the hearing on the petition shall be given as provided in Section 1220.
(c) Notice of the hearing on the petition also shall be given to the personal representative by citation served at least five days before the hearing.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 1 - General Provisions › Section 10002.

10002. (a) Subject to subdivision (b), if directions are given in the will as to the mode of selling or the particular property to be sold, the personal representative shall comply with those directions.
(b) If the court determines that it would be to the advantage of the estate and in the best interest of the interested persons, the court may make an order relieving the personal representative of the duty to comply with the directions in the will. The order shall specify the mode and the terms and conditions of selling or the particular property to be sold, or both. The personal representative or any interested person may file a petition for an order under this subdivision. Notice of the hearing on the petition shall be given as provided in Section 1220.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 1 - General Provisions › Section 10003.

10003. Subject to Part 4 (commencing with Section 21400) of Division 11 and to Sections 10001 and 10002, if estate property is required or permitted to be sold, the personal representative may:
(a) Use discretion as to which property to sell first.
(b) Sell the entire interest of the estate in the property or any lesser interest therein.
(c) Sell the property either at public auction or private sale.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 1 - General Provisions › Section 10004.

10004. (a) Where the personal representative determines in his or her discretion that, by use or relationship, any assets of the estate, whether real or personal, constitute a unit for purposes of sale, the personal representative may cause the property to be appraised as a unit.
(b) Whether or not the property is appraised as a unit, the personal representative may sell all the assets described in subdivision (a) as a unit and under one bid if the court finds the sale of the assets as a unit to be to the advantage of the estate.
(c) No private sale of the assets as a unit may be made for less than 90 percent of the sum of the appraised values of the personal property and the sum of the appraised values of the real property, appraised separately, or for less than 90 percent of the appraised value if appraised as a unit.
(d) If the assets to be sold as a unit include any real property, the sale shall be made in the manner provided for the sale of real property, and the bid and sale are subject to the limitations and restrictions established for the sale of real property. If the assets to be sold as a unit are entirely personal property, the property shall be sold in the manner provided for the sale of personal property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 1 - General Provisions › Section 10005.

10005. (a) If any property in the estate is sold for more than the appraised value, the personal representative shall account for the proceeds of sale, including the excess over the appraised value.
(b) If any property in the estate is sold for less than the appraised value and the sale has been made in accordance with law, the personal representative is not responsible for the loss.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 1 - General Provisions › Section 10006.

10006. If property in the estate is to be sold as an undivided interest in a cotenancy, the other cotenants may file in the estate proceeding written consent to have their interests sold pursuant to this chapter. Thereafter, the court’s orders made pursuant to this chapter are as binding on the consenting cotenants as on the personal representative.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 2 - Contract With Agent, Broker, or Auctioneer › Section 10150.

10150. (a) The personal representative may enter into a written contract with either or both of the following:
(1) A licensed real estate broker to secure a purchaser for any real property of the estate. The broker may associate other licensed real estate brokers for this purpose, including use of a multiple listing service as defined in Section 1087 of the Civil Code.
(2) One or more agents or brokers to secure a purchaser for any personal property of the estate. If the particular property to be sold or the particular manner of sale requires that the agent or broker be licensed, the contract may be made only with an agent or broker that is so licensed.
(b) The contract may provide for payment of a fee, commission, or other compensation out of the proceeds of sale, but the contract is binding and valid as against the estate only for such amount as the court allows pursuant to Article 3 (commencing with Section 10160). No liability of any kind is incurred by the estate under the contract or a sale unless the sale is confirmed by the court, except for the obligations of the estate to the purchaser of personal property as to which title passes pursuant to Section 10259 without court confirmation or approval. The personal representative is not personally liable on the contract by reason of execution of the contract.
(c) The contract may grant an exclusive right to sell property for a period not in excess of 90 days if, prior to execution of the contract granting an exclusive right to sell, the personal representative obtains permission of the court to enter into the contract upon a showing of necessity and advantage to the estate. The court may grant the permission when the personal representative is appointed or at any subsequent time upon ex parte application. The personal representative may execute one or more extensions of the contract granting an exclusive right to sell property, each extension being for a period not to exceed 90 days, if for each extension the personal representative obtains permission of the court upon ex parte application to extend the contract upon a showing of necessity and advantage to the estate of the extension.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 2 - Contract With Agent, Broker, or Auctioneer › Section 10151.

10151. (a) The personal representative may enter into a written contract with any of the following:
(1) Where the public auction sale will be held in this state, an auctioneer who is qualified to conduct business under Title 2.95 (commencing with Section 1812.600) of Part 4 of Division 3 of the Civil Code.
(2) Where the public auction sale will be held outside this state pursuant to an order made under Section 10254, an auctioneer who is legally permitted in the jurisdiction where the sale will be held to conduct a public auction sale and to secure purchasers by that method for the personal property authorized to be sold by public auction sale in that jurisdiction under the court order.
(b) The contract shall be one that is legally enforceable under the law of the jurisdiction where made.
(c) The contract may provide for payment to the auctioneer of a fee, commission, or other compensation out of the proceeds of sale and for reimbursement of expenses, but the contract is binding and valid as against the estate only for such amounts as the court allows pursuant to Section 10167. No liability of any kind is incurred by the estate under the contract or a sale unless the sale is approved by the court, except for the obligations of the estate to the purchaser of personal property as to which title passes pursuant to Section 10259 without court confirmation or approval. The personal representative is not personally liable on the contract by reason of execution of the contract.
(d) The contract may provide that personal property of two or more estates being administered by the same personal representative may be sold at the same public auction sale. Items of personal property may be sold separately or in a lot with other items from the same estate. A sale pursuant to the contract shall be with reserve. The auctioneer shall comply with the instructions of the personal representative with respect to withdrawal of items, risk of loss, place of delivery, warranties, and other matters.
(Amended by Stats. 2003, Ch. 32, Sec. 10. Effective January 1, 2004.)
2023 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 10160.

10160. The estate is not liable to an agent, broker, or auctioneer under a contract for the sale of property or for any fee, commission, or other compensation or expenses in connection with a sale of property unless the following requirements are satisfied:
(a) An actual sale is made.
(b) If court confirmation or approval is required, the sale is confirmed or approved by the court as required.
(c) The sale is consummated.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 10160.5.

10160.5. The estate is not liable to an agent or broker under a contract for the sale of property or for any fee, commission, or other compensation or expenses in connection with sale of the property in either of the following cases:
(a) Where the agent or broker, directly or indirectly, is the purchaser of the property.
(b) Where the agent or broker representing the purchaser to whom the sale is confirmed has any interest in the purchaser.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 10161.

10161. (a) Subject to the provisions of this article, whether or not the agent or broker has a contract with the personal representative, the fee, commission, or other compensation of an agent or broker in connection with a sale of property shall be the amount the court, in its discretion, determines to be a reasonable compensation for the services of the agent or broker to the estate.
(b) Unless the agent or broker holds a contract granting an exclusive right to sell the property, an agent or broker is not entitled to any fee, commission, or other compensation for services to the estate in connection with a sale except in the following cases:
(1) Where the agent or broker produces the original bid which is returned to the court for confirmation.
(2) Where the property is sold on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser procured by the agent or broker.
(c) If the agent or broker has a contract with the personal representative, the amount of the compensation of the agent or broker in connection with the sale of property shall not exceed the amount provided for in the contract.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 10162.

10162. (a) Subject to subdivision (b), where the bid returned to the court for confirmation is made by a person who is not represented by an agent or broker and the successful bidder is represented by an agent or broker, the compensation of the agent or broker who procured the purchaser to whom the sale is confirmed shall not exceed one-half of the difference between the amount of the bid in the original return and the amount of the successful bid.
(b) This section does not limit the compensation of the agent or broker who holds a contract under Section 10150 granting him or her the exclusive right to sell the property.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 10162.3.

10162.3. (a) This section applies if all of the following circumstances exist:
(1) There is no agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property.
(2) The bid returned to court for confirmation is made by a purchaser represented by an agent or broker.
(3) The court confirms the sale to that purchaser either on the bid returned to court for confirmation or on an increased bid made at the time of the hearing on the petition for confirmation.
(b) If all the circumstances described in subdivision (a) exist, the court shall allow the agent or broker who procured the purchaser to whom the sale is confirmed the compensation determined under Section 10161 on the full amount for which the sale is confirmed.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 10162.5.

10162.5. Subject to Section 10162.6, where an agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property, the court shall allow to the agent or broker holding the contract the compensation determined under Section 10161 on:
(a) The full amount for which the sale is confirmed in either of the following circumstances:
(1) The bid returned to the court for confirmation is made by a purchaser who is not represented by an agent or broker and the court confirms the sale to that purchaser on that bid.
(2) The bid returned to the court for confirmation is made by a purchaser who is represented by the agent or broker holding the contract and the court confirms the sale to that purchaser on an increased bid made at the time of the hearing on the petition for confirmation.
(b) The amount of the original bid if both of the following circumstances exist:
(1) The bid returned to court for confirmation is made by a purchaser who is not represented by an agent or broker or who is represented by the agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property.
(2) The court confirms the sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser who was not procured by a bona fide agent or broker.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 10162.6.

10162.6. (a) This section applies if both of the following circumstances exist:
(1) An agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property.
(2) The contract provides that no compensation is payable to the agent or broker holding the contract if sale is confirmed to a particular purchaser named in the contract.
(b) If the court confirms the sale to the purchaser named in the contract, whether on an original bid returned to the court or on an increased bid made at the time of the hearing on the petition for confirmation, the compensation of any agents or brokers involved in the sale is determined as provided in this article, except that no compensation is payable to the agent or broker holding the contract.
(c) If the court confirms the sale to a purchaser other than the person named in the contract, whether on an original bid returned to the court or on an increased bid made at the time of the hearing on the petition for confirmation, the compensation of the agent or broker holding the contract, and of any other agents or brokers involved in the sale, is determined under this article as if the limitation in the contract did not exist.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 10162.7.

10162.7. (a) Subject to Section 10162.6, this section applies if all of the following circumstances exist:
(1) There is an agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property.
(2) The bid returned to court for confirmation is made by a purchaser procured by another agent or broker.
(3) The court confirms the sale to that purchaser either on the bid returned to court for confirmation or on an increased bid made at the time of the hearing on the petition for confirmation.
(b) If all the circumstances described in subdivision (a) exist, the court shall allow the compensation determined under Section 10161 on the full amount for which the sale is confirmed. The compensation allowed by the court shall be divided between the agent or broker holding the contract and the other agent or broker as is provided in any agreement between the agent or broker holding the contract and the other agent or broker. If there is no agreement, the compensation on the amount of the original bid returned to the court shall be divided equally between the agent or broker holding the contract and the other agent or broker and, if the sale is confirmed on an increased bid, the other agent or broker shall be paid all of the compensation on the difference between the original bid and the amount for which the sale is confirmed.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 10163.

10163. Subject to Sections 10162 and 10162.6, where the original bid returned to the court for confirmation was made by a purchaser who was not procured by an agent or broker, the court shall allow the compensation determined under Section 10161 on the full amount for which the sale is confirmed to the agent or broker who procured the purchaser to whom the sale is confirmed if either of the following conditions is satisfied:
(a) The court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser procured by an agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property.
(b) There is no agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property and the court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser procured by a bona fide agent or broker.
(Enacted by Stats. 1990, Ch. 79.)
2023 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 10164.

10164. (a) This section applies only where the court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser who was not procured by a bona fide agent or broker.
(b) Except as provided in subdivision (c), the court shall allow the compensation determined under Section 10161 on the amount of the original bid to the agent or broker whose original bid was returned to the court.
(c) If an agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property and the original bid returned to the court is made by a purchaser who was procured by another agent or broker, the compensation determined under Section 10161 on the amount of the original bid shall be divided between the agent or broker holding the contract and the other agent or broker as is provided in any agreement between the agent or broker holding the contract and the other agent or broker. If there is no agreement, the compensation shall be divided equally between the agent or broker holding the contract and the other agent or broker.
(Enacted by Stats. 1990, Ch. 79.)
2023 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.)
2023 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.)
2023 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.)