reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 3 - Deposit of Money and Personal Property With Financial Institutions › Section 9704.

9704. When an order for distribution of money or personal property deposited pursuant to this chapter is made, the financial institution, trust company, or securities depository may deliver the property directly to the distributees and shall file receipts therefor with the clerk.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 3 - Deposit of Money and Personal Property With Financial Institutions › Section 9705.

9705. (a) Subject to subdivision (b), where a trust company is a personal representative and in the exercise of reasonable judgment deposits money of the estate in an account in any department of the corporation or association of which it is a part, it is chargeable with interest thereon at the rate of interest prevailing among banks of the locality on such deposits.
(b) Where it is to the advantage of the estate, the amount of cash that is reasonably necessary for orderly administration of the estate may be deposited in a checking account that does not earn interest which is maintained in a department of the corporation or association of which the trust company is a part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 4 - Investments and Purchase of Property › Section 9730.

9730. Pending distribution of the estate, the personal representative may invest money of the estate in possession of the personal representative in any one or more of the following:
(a) Direct obligations of the United States, or of the State of California, maturing not later than one year from the date of making the investment.
(b) An interest in a money market mutual fund registered under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.) or an investment vehicle authorized for the collective investment of trust funds pursuant to Section 9.18 of Part 9 of Title 12 of the Code of Federal Regulations, the portfolios of which are limited to United States government obligations maturing not later than five years from the date of investment and to repurchase agreements fully collateralized by United States government obligations.
(c) Units of a common trust fund described in Section 1585 of the Financial Code. The common trust fund shall have as its objective investment primarily in short term fixed income obligations and shall be permitted to value investments at cost pursuant to regulations of the appropriate regulatory authority.
(Amended by Stats. 2014, Ch. 71, Sec. 140. (SB 1304) Effective January 1, 2015.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 4 - Investments and Purchase of Property › Section 9731.

9731. (a) Pending distribution of the estate, upon a showing that it is to the advantage of the estate, the court may order that money of the estate in possession of the personal representative be invested in securities of the United States or of this state.
(b) To obtain an order under this section, the personal representative or any interested person shall file a petition stating the types of securities that are proposed to be purchased and the advantage to the estate of the purchase.
(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 4 - Investments and Purchase of Property › Section 9732.

9732. (a) The court may order that money of the estate in possession of the personal representative be invested in any manner provided by the will if all of the following conditions are satisfied:
(1) The time for filing claims has expired.
(2) All debts, as defined in Section 11401, have been paid or are sufficiently secured by mortgage or otherwise, or there is sufficient cash in the estate aside from the money to be invested to pay all the debts, or the court is otherwise satisfied that all the debts will be paid.
(3) The estate is not in a condition to be finally distributed.
(b) To obtain an order under this section, the personal representative or any interested person shall file a petition showing the general condition of the estate and the types of investments that are proposed to be made.
(c) Notice of the hearing on the petition shall be delivered as provided in Section 1220. In addition, the petitioner shall cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to all known devisees of property which is proposed to be invested. Where the property proposed to be invested is devised to a trust or trustee, notice of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the trustee or, if the trustee has not yet accepted the trust, to the person named in the will as trustee. Delivery pursuant to this subdivision shall be to the person’s last known address as provided in Section 1220.
(d) If no objection has been filed by an interested person, the court may make an order authorizing or directing the personal representative to invest such portion of the money of the estate as the court deems advisable in the types of investments proposed in the petition and authorized by the will. If there is no objection by an interested person and no substantial reason why some or all of the investment powers given by the will should not be exercised, the court shall make the order. The order may be for a limited period or until the administration of the estate is completed. Upon petition of the personal representative or any interested person, the order may be renewed, modified, or terminated at any time.
(Amended by Stats. 2017, Ch. 319, Sec. 76. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 4 - Investments and Purchase of Property › Section 9733.

9733. (a) Pending distribution of the estate or at the time the court makes an order for final distribution of the estate, on petition of the personal representative or any interested person, the court may, upon good cause shown, order that the personal representative purchase an annuity from an insurer admitted to do business in this state to satisfy a devise of an annuity or other direction in the will for periodic payments to a devisee.
(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 4 - Investments and Purchase of Property › Section 9734.

9734. (a) If an asset of the estate consists of an option right, the personal representative may exercise the option after authorization by order of court upon a showing that the exercise would be to the advantage of the estate and would be in the best interest of the interested persons. The personal representative may use any funds or property in the estate to acquire the property covered by the option.
(b) A petition under this section may be filed by the personal representative or any interested person.
(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 4 - Investments and Purchase of Property › Section 9735.

9735. (a) After authorization by order of court, the personal representative may purchase securities or commodities required to perform an incomplete contract of sale where the decedent died having sold but not delivered securities or commodities not owned by the decedent. The court’s order shall fix the terms and conditions of purchase.
(b) A petition under this section may be filed by the personal representative or by any party to the contract. Notice of the hearing on the petition shall be given as provided in Section 1220.
(c) No notice of hearing need be given where the maximum purchase price is fixed or where the securities or commodities are to be purchased on an established stock, bond, or commodity exchange.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 4 - Investments and Purchase of Property › Section 9736.

9736. The personal representative may hold a security in the name of a nominee or in any other form without disclosure of the estate so that title to the security may pass by delivery.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 4 - Investments and Purchase of Property › Section 9737.

9737. (a) If an estate by reason of owning securities also owns or receives subscription rights for the purchase of additional securities, the personal representative may exercise the subscription rights after authorization by order of court upon a showing that it is to the advantage of the estate.
(b) To obtain an order under this section, the personal representative or any interested person shall file a petition stating the nature of the subscription rights and the advantage to the estate of exercising them.
(c) Notice of the hearing on the petition shall be given as provided in Section 1220.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 5 - Operation of Decedent s Business › Section 9760.

9760. (a) As used in this section, “decedent’s business” means an unincorporated business or venture in which the decedent was engaged or which was wholly or partly owned by the decedent at the time of the decedent’s death, but does not include a business operated by a partnership in which the decedent was a partner.
(b) If it is to the advantage of the estate and in the best interest of the interested persons, the personal representative, with or without court authorization, may continue the operation of the decedent’s business; but the personal representative may not continue the operation of the decedent’s business for a period of more than six months from the date letters are first issued to a personal representative unless a court order has been obtained under this section authorizing the personal representative to continue the operation of the business.
(c) The personal representative or any interested person may file a petition requesting an order (1) authorizing the personal representative to continue the operation of the decedent’s business or (2) directing the personal representative to discontinue the operation of the decedent’s business. The petition shall show the advantage to the estate and the benefit to the interested persons of the order requested. Notice of the hearing on the petition shall be given as provided in Section 1220.
(d) If a petition is filed under this section, the court may make an order that either:
(1) Authorizes the personal representative to continue the operation of the decedent’s business to such an extent and subject to such restrictions as the court determines to be to the advantage of the estate and in the best interest of the interested persons.
(2) Directs the personal representative to discontinue the operation of the decedent’s business within the time specified in, and in accordance with the provisions of, the order.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 5 - Operation of Decedent s Business › Section 9761.

9761. If a partnership existed between the decedent and another person at the time of the decedent’s death, on application of the personal representative, the court may order any surviving partner to render an account pursuant to Section 15510, 15634, or 16807 of the Corporations Code. An order under this section may be enforced by the court’s power to punish for contempt.
(Amended by Stats. 2003, Ch. 32, Sec. 8. Effective January 1, 2004.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 5 - Operation of Decedent s Business › Section 9762.

9762. (a) After authorization by order of court upon a showing that it would be to the advantage of the estate and in the best interest of the interested persons, the personal representative may continue as a general or a limited partner in any partnership in which the decedent was a general partner at the time of death. In its order, the court may specify any terms and conditions of the personal representative’s participation as a partner that the court determines are to the advantage of the estate and in the best interest of the interested persons, but any terms and conditions that are inconsistent with the terms of any written partnership agreement are subject to the written consent of all of the surviving partners.
(b) If there is a written partnership agreement permitting the decedent’s personal representative to participate as a partner, the personal representative has all the rights, powers, duties, and obligations provided in the written partnership agreement, except as otherwise ordered by the court pursuant to subdivision (a).
(c) If there is not a written partnership agreement, the personal representative has the rights, powers, duties, and obligations that the court specifies in its order pursuant to subdivision (a).
(d) To obtain an order under this section, the personal representative or any interested person shall file a petition showing that the order requested would be to the advantage of the estate and in the best interest of the interested persons. Notice of the hearing on the petition shall be given as provided in Section 1220. In addition, unless the court otherwise orders, the petitioner, not less than 15 days before the hearing, shall cause notice of hearing and a copy of the petition to be delivered pursuant to Section 1215 to each of the surviving general partners at his or her last known address.
(Amended by Stats. 2017, Ch. 319, Sec. 77. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 5 - Operation of Decedent s Business › Section 9763.

9763. (a) If the decedent was a general partner, the personal representative may commence and maintain any action against the surviving partner that the decedent could have commenced and maintained.
(b) The personal representative may exercise the decedent’s rights as a limited partner as provided in Section 15675 of the Corporations Code.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 6 - Abandonment of Tangible Personal Property › Section 9780.

9780. Unless the property is specifically devised, subject to the requirements of this chapter, the personal representative may dispose of or abandon tangible personal property where the cost of collecting, maintaining, and safeguarding the property would exceed its fair market value.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 6 - Abandonment of Tangible Personal Property › Section 9781.

9781. Unless otherwise provided in the will, subject to the requirements of this chapter, the personal representative may exercise the power provided in Section 9780 without court authorization or approval.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 6 - Abandonment of Tangible Personal Property › Section 9782.

9782. (a) Except as provided in Section 9785, before disposing of or abandoning property under Section 9780, the personal representative shall give notice of the proposed disposition or abandonment as provided in subdivision (c) to all of the following:
(1) Each known devisee whose interest in the estate would be affected by the proposed action.
(2) Each known heir whose interest in the estate would be affected by the proposed action.
(3) Each person who has filed a request for special notice pursuant to Section 1250.
(4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the proposed action.
(b) The notice of the proposed disposition or abandonment shall describe the property to be disposed of or abandoned, indicate the manner in which the property is to be disposed of or abandoned, and specify the date on or after which the property will be disposed of or abandoned.
(c) The notice shall be delivered personally to each person required to be given notice or shall be sent by mail to the person at the person’s last known address. If the notice is delivered personally, it shall be delivered to the person not less than five days before the date specified in the notice as the date on or after which the property will be disposed of or abandoned. If the notice is sent by mail, it shall be deposited in the mail not less than 10 days before the date specified in the notice as the date on or after which the property will be disposed of or abandoned.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 6 - Abandonment of Tangible Personal Property › Section 9783.

9783. A person described in Section 9782 may personally deliver or mail a written objection to the disposition or abandonment to the personal representative on or before the date specified in the notice as the date on or after which the property will be disposed of or abandoned. Subject to Section 9788, after receipt of the written objection, the personal representative shall not dispose of or abandon the property without authorization by order of the court obtained under Section 9611.
(Amended by Stats. 2017, Ch. 319, Sec. 78. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 6 - Abandonment of Tangible Personal Property › Section 9784.

9784. (a) A person described in Section 9782 who objects to the disposition or abandonment of property by the personal representative under Section 9780 may apply to the court in which proceedings for administration of the estate are pending for an order restraining the personal representative from disposing of or abandoning the property without prior court authorization.
(b) The court shall grant the requested order without requiring notice to the personal representative and without cause being shown for the order if the court is satisfied that the estate will not suffer any loss or unreasonable expense if the order is granted. As a condition of granting the order, the court may require the person applying for the order (1) to pay the costs of storing and protecting the property or (2) to provide security by bond or cash deposit that the costs will be paid.
(c) The personal representative is deemed to have notice of the restraining order if it is served upon the personal representative in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure, or in the manner authorized by the court, before the date specified in the notice as the date on or after which the property will be disposed of or abandoned.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 6 - Abandonment of Tangible Personal Property › Section 9785.

9785. Notice of the proposed disposition or abandonment need not be given to any of the following:
(a) A person who consents in writing to the proposed disposition or abandonment.
(b) A person who, in writing, waives the right to notice of the proposed disposition or abandonment.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 6 - Abandonment of Tangible Personal Property › Section 9786.

9786. A person who objects to the disposition or abandonment as provided in Section 9783, or who serves a restraining order issued under Section 9784 in the manner provided in that section, shall be given notice of any court hearing on a petition for court authorization of the disposition or abandonment of the property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 6 - Abandonment of Tangible Personal Property › Section 9787.

9787. (a) Except as provided in subdivision (b), a person described in Section 9782 who receives notice of the proposed disposition or abandonment as provided in Section 9782, waives the right to have the court later review the disposition or abandonment of the property unless the person does one of the following:
(1) Personally delivers or mails a written objection as provided in Section 9783.
(2) Serves a restraining order obtained under Section 9784 before whichever of the following is the later time:
(A) The date specified in the notice of proposed disposition or abandonment as the date on or after which the property will be disposed of or abandoned.
(B) The date the property has actually been disposed of or abandoned.
(b) Subject to Section 9785, the court may review the disposition or abandonment of the property upon the motion of a person described in subdivision (a) of Section 9782 who establishes that he or she did not actually receive notice of the proposed disposition or abandonment before the time to object expired.
(Amended by Stats. 2017, Ch. 319, Sec. 79. (AB 976) Effective January 1, 2018.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 6 - Abandonment of Tangible Personal Property › Section 9788.

9788. (a) Notwithstanding Sections 9783 and 9784, the personal representative may abandon or dispose of the property without court authorization if the person who made the objection or obtained the restraining order fails to take possession of the property at his or her expense within 10 days after the personal representative requests that the person do so.
(b) A person who takes possession of estate property pursuant to this section is liable for the safekeeping of the property until a court order is made relieving the person of this obligation.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 7 - Borrowing, Refinancing, and Encumbering Property › Section 9800.

9800. (a) Subject to subdivision (c), after authorization by order of court obtained under this chapter upon a showing that it would be to the advantage of the estate, the personal representative may borrow money on a note, either unsecured or to be secured by a security interest or other lien on the personal property of the estate, or any part thereof, or to be secured by a mortgage or deed of trust on the real property of the estate, or any part thereof, and may give a security interest or other lien on the personal property of the estate, or any part thereof, or a mortgage or deed of trust on the real property of the estate, or any part thereof, in order to do any one or more of the following:
(1) Pay the debts of the decedent or the estate, devises, expenses of administration, and charges against the estate.
(2) Pay, reduce, extend, or renew a security interest or lien or mortgage or deed of trust already existing on property of the estate.
(3) Improve, use, operate, or preserve property in the estate.
(b) The personal representative shall apply the money to the purpose specified in the order.
(c) Where the surviving spouse has elected to have his or her share of the community real property administered in the decedent’s estate, the personal representative is authorized to borrow money to be secured by a mortgage or deed of trust on the community real property of the estate, or any part thereof, only with the written consent of the surviving spouse.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 7 - Borrowing, Refinancing, and Encumbering Property › Section 9801.

9801. If property of the estate consists of an undivided interest in real or personal property, or any other interest therein less than the entire ownership, upon a showing that it would be to the advantage of the estate to borrow money to improve, use, operate, or preserve the property jointly with the owners of the other interests therein, or to pay, reduce, extend, or renew a security interest, lien, mortgage, or deed of trust already existing on all of the property, the personal representative, after authorization by order of the court obtained under this chapter, may join with the owners of the other interests in borrowing money and the execution of a joint and several note and such security interest, lien, mortgage, or deed of trust as may be required to secure the payment of the note. The note may be for such sum as is required for the purpose.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 7 - Borrowing, Refinancing, and Encumbering Property › Section 9802.

9802. (a) The personal representative or any interested person may file a petition for an order under this chapter.
(b) The petition shall state the purpose for which the order is sought and the necessity for or the advantage to accrue from the order. If applicable, the petition shall also show the amount of money proposed to be borrowed, the rate of interest to be paid, the length of time the note is to run, and a general description of the property proposed to be mortgaged or subjected to the deed of trust, security interest, or other lien.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 7 - Borrowing, Refinancing, and Encumbering Property › Section 9803.

9803. 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 7 - Borrowing, Refinancing, and Encumbering Property › Section 9804.

9804. (a) Subject to subdivision (c), if the court is satisfied that it will be to the advantage of the estate, the court shall make an order that authorizes or requires that the personal representative do any one or more of the following:
(1) Borrow money and execute a note.
(2) Execute a mortgage or deed of trust or give other security by security interest or other lien.
(3) Pay, reduce, extend, or renew a security interest or lien or mortgage or deed of trust already existing upon property of the estate.
(b) The court in its order may do any one or more of the following:
(1) Order that the amount specified in the petition, or a lesser amount, be borrowed.
(2) Prescribe the maximum rate of interest and the period of the loan.
(3) Require that the interest and the whole or any part of the principal be paid from time to time out of the whole estate or any part thereof.
(4) Require that the personal property used as security, or any buildings on real property to be mortgaged or subjected to the deed of trust, be insured for the further security of the lender and that the premiums be paid out of the estate.
(5) Specify the purpose for which the money to be borrowed is to be applied.
(6) Specify the terms and conditions of any extension or renewal agreement.
(7) Prescribe such other terms and conditions concerning the transaction as the court determines to be to the advantage of the estate.
(c) Where the surviving spouse has elected to have his or her share of the community real property administered in the decedent’s estate, an order authorizing or requiring the personal representative to borrow money to be secured by a mortgage or deed of trust upon the community real property of the estate, or any part thereof, may be made only if the written consent of the surviving spouse has been filed with the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 7 - Borrowing, Refinancing, and Encumbering Property › Section 9805.

9805. (a) The personal representative shall execute and deliver the mortgage or deed of trust, or execute and deliver the instrument creating the security interest, setting forth therein that it is made by authority of the order, giving the date of the order.
(b) The note and the mortgage or deed of trust or other instrument creating the security interest, if any, shall be signed by the personal representative and shall be acknowledged by the personal representative if the instrument creates a lien on real property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 7 - Borrowing, Refinancing, and Encumbering Property › Section 9806.

9806. (a) Every mortgage, deed of trust, or security interest made pursuant to a court order obtained under this chapter is effectual to mortgage, or to subject to the deed of trust or security interest, all of the following:
(1) All right, title, and interest which the decedent had to the property described therein at the time of the decedent’s death.
(2) Any right, title, or interest in the property acquired by the estate of the decedent, by operation of law or otherwise, since the time of the decedent’s death.
(3) Any right, title, or interest in the community real property belonging to the decedent’s surviving spouse whose written consent has been filed with the court and which is referred to in the court order obtained under this chapter.
(b) Jurisdiction of the court to administer the estate of the decedent vests the court with jurisdiction to make the order for the note and for the security interest, lien, mortgage, or deed of trust. This jurisdiction shall conclusively inure to the benefit of the owner of the security interest or lien, mortgagee named in the mortgage, or the trustee and beneficiary named in the deed of trust, and their heirs and assigns.
(c) No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the note, security interest, lien, mortgage, or deed of trust given pursuant to an order under this chapter. Subject to Section 9807, the owner of the security interest or lien, the mortgagee named in the mortgage, or the trustee and beneficiary named in the deed of trust, and their heirs and assigns, have and possess the same rights and remedies on the note and the security interest or lien or mortgage or deed of trust as if it had been made by the decedent prior to his or her death.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 7 - Borrowing, Refinancing, and Encumbering Property › Section 9807.

9807. (a) Except as provided in subdivision (b), no judgment or claim for any deficiency shall be had or allowed against the personal representative or the estate if (1) there is a foreclosure or sale under a security interest, lien, mortgage, or deed of trust and (2) the proceeds of sale of the encumbered property are insufficient to pay the note, the security interest, lien, mortgage, or deed of trust, and the costs or expenses of sale.
(b) If the note, security interest, mortgage, or deed of trust was given to pay, reduce, extend, or renew a lien, security interest, mortgage, or deed of trust existing on property of the estate at the time of death of the decedent and the indebtedness secured thereby was a claim established under Part 4 (commencing with Section 9000), the part of the indebtedness remaining unsatisfied shall be classed with other established claims.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 8 - Actions and Proceedings by or Against Personal Representative › Section 9820.

9820. The personal representative may:
(a) Commence and maintain actions and proceedings for the benefit of the estate.
(b) Defend actions and proceedings against the decedent, the personal representative, or the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 8 - Actions and Proceedings by or Against Personal Representative › Section 9822.

9822. The personal representative may bring an action on the bond of any former personal representative of the same estate, for the use and benefit of all interested persons.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 8 - Actions and Proceedings by or Against Personal Representative › Section 9823.

9823. (a) If the decedent leaves an undivided interest in any property, an action for partition of the property may be brought against the personal representative.
(b) The personal representative may bring an action against the other cotenants for partition of any property in which the decedent left an undivided interest.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 9 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 9830.

9830. (a) Unless this chapter or some other applicable statute requires court authorization or approval, if it is to the advantage of the estate, the personal representative may do any of the following without court authorization, instruction, approval, or confirmation:
(1) Compromise or settle a claim, action, or proceeding by or for the benefit of, or against, the decedent, the personal representative, or the estate, including the giving of a covenant not to sue.
(2) Extend, renew, or in any manner modify the terms of an obligation owing to or in favor of the decedent or the estate.
(3) Release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible.
(b) Nothing in this section precludes the personal representative from seeking court authorization pursuant to the provisions of this chapter.
(c) Upon petition of an interested person or upon the court’s own motion, the court may limit the authority of the personal representative under subdivision (a). Notice of the hearing on the petition shall be given as provided in Section 1220.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 9 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 9831.

9831. Unless the time for filing creditor claims has expired, authorization by order of court is required for a compromise or settlement of a claim, action, or proceeding by or for the benefit of, or against, the decedent, the personal representative, or the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 9 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 9832.

9832. (a) Except as provided in subdivision (b), authorization by order of court is required for a compromise, settlement, extension, renewal, or modification which affects any of the following:
(1) Title to real property.
(2) An interest in real property or a lien or encumbrance on real property.
(3) An option to purchase real property or an interest in real property.
(b) If it is to the advantage of the estate, the personal representative without prior court authorization may extend, renew, or modify a lease of real property in either of the following cases:
(1) Where under the lease as extended, renewed, or modified the rental does not exceed five thousand dollars ($5,000) a month and the term does not exceed one year.
(2) Where the lease is from month to month, regardless of the amount of the rental.
(c) For the purposes of subdivision (b), if the lease as extended, renewed, or modified gives the lessee the right to extend the term of the lease, the length of the term shall be considered as though the right to extend had been exercised.
(Amended by Stats. 1990, Ch. 710, Sec. 24. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 9 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 9833.

9833. Authorization by order of court is required for a compromise or settlement of a matter when the transaction requires the transfer or encumbrance of property of the estate, or the creation of an unsecured liability of the estate, or both, in an amount or value in excess of twenty-five thousand dollars ($25,000).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 9 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 9834.

9834. Authorization by order of court is required for any of the following:
(a) A compromise or settlement of a claim by the estate against the personal representative or the personal representative’s attorney, whether or not the claim arises out of the administration of the estate.
(b) An extension, renewal, or modification of the terms of a debt or similar obligation of the personal representative, or the personal representative’s attorney, owing to, or in favor of, the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 9 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 9835.

9835. Authorization by order of court is required for the compromise or settlement of a claim or right of action given to the personal representative by any law for the wrongful death or injury of the decedent, including any action brought by the personal representative in attempting enforcement of the claim or right of action. Authorization to compromise or settle the claim or right of action includes authorization to give a covenant not to sue.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 9 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 9836.

9836. The court authorization required by this chapter shall be obtained from the court in which the estate is being administered.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 9 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 9837.

9837. (a) A petition for an order authorizing a compromise, settlement, extension, renewal, or modification under this chapter may be filed by any of the following:
(1) The personal representative.
(2) Any interested person who has obtained the written approval of the personal representative to file the petition.
(b) The petition shall show the terms of the compromise, settlement, extension, renewal, or modification and its advantage to the estate.
(c) Notice of the hearing on the petition shall be given as provided in Section 1220.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 9 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 9838.

9838. (a) If an order made under Section 9837 authorizes a compromise or settlement that requires the transfer of real property of the estate, the personal representative shall execute a conveyance of the real property to the person entitled thereto under the compromise or settlement. The conveyance shall refer to the order authorizing the compromise or settlement and directing that the conveyance be executed. A certified copy of the order shall be recorded in the office of the county recorder in each county in which any portion of the real property is located.
(b) A conveyance made in compliance with the court order authorizing the compromise or settlement and directing the conveyance to be executed vests in the person to whom the property is transferred both of the following:
(1) All the right, title, and interest which the decedent had in the property at the time of the decedent’s death.
(2) Any other or additional right, title, or interest in the property acquired by the estate of the decedent, by operation of law or otherwise, prior to the transfer.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 9 - Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations › Section 9839.

9839. If the personal representative pays a claim for less than its full amount, the personal representative’s accounts may be credited only for the amount actually paid.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 10 - Acceptance of Deed in Lieu of Foreclosure or Trustee s Sale; Grant of Partial Satisfaction or Partial Reconveyance › Section 9850.

9850. (a) If it is to the advantage of the estate to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage or sale under the deed of trust, the personal representative may, after authorization by order of the court and upon such terms and conditions as may be imposed by the court, accept a deed conveying the property to the heirs or devisees of the decedent, subject to administration.
(b) To obtain an order under this section, the personal representative or any interested person shall file a petition showing the advantage to the estate of accepting the deed. Notice of the hearing on the petition shall be given as provided in Section 1220.
(c) The court shall make an order under this section only if the advantage to the estate of accepting the deed is shown by clear and convincing evidence.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 10 - Acceptance of Deed in Lieu of Foreclosure or Trustee s Sale; Grant of Partial Satisfaction or Partial Reconveyance › Section 9851.

9851. (a) Except as provided in subdivision (c), if it is to the advantage of the estate for the personal representative to give a partial satisfaction of a mortgage or to cause a partial reconveyance to be executed by a trustee under a trust deed held by the estate, the personal representative may, after authorization by order of the court and upon such terms and conditions as may be imposed by the court, give the partial satisfaction or cause the partial reconveyance to be executed by the trustee.
(b) To obtain an order under this section, the personal representative or any interested person shall file a petition showing the advantage to the estate of giving the partial satisfaction or causing the partial reconveyance. Notice of the hearing on the petition shall be given as provided in Section 1220.
(c) No authorization by the court is necessary for the personal representative to give a partial satisfaction of a mortgage or to cause a partial reconveyance to be executed by a trustee under a deed of trust held by the estate if the partial satisfaction or partial reconveyance is executed pursuant to the terms of the mortgage or deed of trust held by the estate.
(Enacted by Stats. 1990, Ch. 79.)
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 9880.

9880. Except as provided in this chapter, neither the personal representative nor the personal representative’s attorney may do any of the following:
(a) Purchase any property of the estate or any claim against the estate, directly or indirectly.
(b) Be interested in any such purchase.
(Enacted by Stats. 1990, Ch. 79.)
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 9881.

9881. Upon a petition filed under Section 9883, the court may make an order under this section authorizing the personal representative or the personal representative’s attorney to purchase property of the estate if all of the following requirements are satisfied:
(a) Written consent to the purchase is signed by (1) each known heir whose interest in the estate would be affected by the proposed purchase and (2) each known devisee whose interest in the estate would be affected by the proposed purchase.
(b) The written consents are filed with the court.
(c) The purchase is shown to be to the advantage of the estate.
(Enacted by Stats. 1990, Ch. 79.)
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 9882.

9882. Upon a petition filed under Section 9883, the court may make an order under this section authorizing the personal representative or the personal representative’s attorney to purchase property of the estate if the will of the decedent authorizes the personal representative or the personal representative’s attorney to purchase the property.
(Enacted by Stats. 1990, Ch. 79.)