reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 8 - Application of Sale Proceeds of Encumbered Property; Sale to Lienholder › Section 10360.

10360. As used in this article:
(a) “Amount secured by the lien” includes interest and any costs and charges secured by the lien.
(b) “Encumbered property” means real or personal property that is subject to a lien for a secured debt which is a valid claim against the estate and which has been allowed or approved.
(c) “Lien” means a mortgage, deed of trust, or other lien.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 8 - Application of Sale Proceeds of Encumbered Property; Sale to Lienholder › Section 10361.

10361. (a) If encumbered property is sold, the purchase money shall be applied in the following order:
(1) Expenses of administration which are reasonably related to the administration of the property sold as provided in paragraph (1) of subdivision (a) of Section 11420.
(2) The payment of the expenses of the sale.
(3) The payment and satisfaction of the amount secured by the lien on the property sold if payment and satisfaction of the lien is required under the terms of the sale.
(4) Application in the course of administration.
(b) The application of the purchase money, after the payment of those expenses set forth in paragraphs (1) and (2) of subdivision (a), to the payment and satisfaction of the amount secured by the lien on the property sold shall be made without delay; and, subject to Section 10362, the property sold remains subject to the lien until the purchase money has been actually so applied.
(Amended by Stats. 1996, Ch. 862, Sec. 26. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 8 - Application of Sale Proceeds of Encumbered Property; Sale to Lienholder › Section 10361.5.

10361.5. The personal representative or any interested party may, at any time before payment is made to satisfy all liens on the encumbered property sold, petition for an order determining the amount of expenses of administration that are reasonably related to the administration of that encumbered property as provided in paragraph (1) of subdivision (a) of Section 11420. The petition may be heard as part of a petition for confirmation of sale of personal or real property as provided in Section 10260 or 10308, respectively or may be heard separately. If the petition is presented as part of a petition for confirmation of sale of real or personal property, the notice of hearing otherwise required by this code for a petition for confirmation of sale shall be given in addition to the notice requirements under Section 10361.6.
(Added by Stats. 1996, Ch. 862, Sec. 27. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 8 - Application of Sale Proceeds of Encumbered Property; Sale to Lienholder › Section 10361.6.

10361.6. (a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 3 of the Code of Civil Procedure on all of the following persons:
(1) The personal representative, if the personal representative is not the petitioner.
(2) The holder of any mortgage or other lien secured by the property that is sold.
(3) All agents or brokers entitled to compensation from the proceeds of the property that is sold.
(b) Except for those persons given notice pursuant to subdivision (a), notice of the hearing, together with a copy of the petition, shall be given as provided in Section 1220 to all of the following persons:
(1) Each person listed in Section 1220.
(2) Each known heir whose interest in the estate would be affected by the petition.
(3) Each known devisee whose interest in the estate would be affected by the petition.
(4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.
(c) The court may not shorten the time for giving the notice of hearing under this section.
(Added by Stats. 1996, Ch. 862, Sec. 28. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 8 - Application of Sale Proceeds of Encumbered Property; Sale to Lienholder › Section 10362.

10362. (a) If encumbered property is sold, the purchase money, or so much of the purchase money as is sufficient to pay the amount secured by the lien on the property sold and the expenses of the sale, may be paid to the clerk of the court. Upon the payment being so made, the lien on the property sold ceases.
(b) The clerk of court without delay shall use the money paid to the clerk under this section to pay the expenses of the sale and to pay and satisfy the amount secured by the lien on the property sold. The clerk shall at once return the surplus, if any, to the personal representative unless the court, for good cause shown and after notice to the personal representative, otherwise orders.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 8 - Application of Sale Proceeds of Encumbered Property; Sale to Lienholder › Section 10363.

10363. (a) At a sale of real or personal property subject to a lien, the lienholder may become the purchaser of the property, even though no claim for the amount secured by the lien on the property sold has been, or could have been, filed, allowed, or approved.
(b) Unless the property is sold subject to the lien:
(1) If the lienholder becomes the purchaser of the property and the amount secured by the lien on the property is a valid claim against the estate and has been allowed or approved, the receipt of the lienholder for the amount due the lienholder from the proceeds of the sale is a payment pro tanto.
(2) If the lienholder becomes the purchaser of the property and no claim for the amount secured by the lien on the property has been filed, allowed, or approved, the court may at the hearing on the petition for confirmation of the sale examine into the validity and enforceability of the lien and the amount secured by the lien, and the court may authorize the personal representative to accept the receipt of the lienholder for the amount secured by the lien as payment pro tanto.
(3) If the lienholder becomes the purchaser of the property and the amount for which the property is purchased is insufficient to pay the expenses of the sale and to discharge the lienholder’s lien, whether or not a claim has been filed, allowed, or approved, the lienholder shall pay to the clerk of the court an amount sufficient to cover the expenses of the sale.
(c) Nothing permitted under this section shall be deemed to be an allowance or approval of a claim based upon the lien or the amount secured by the lien.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 9 - Damages and Recovery of Property › Section 10380.

10380. The personal representative is liable to an interested person for damages suffered by the interested person by reason of the neglect or misconduct of the personal representative in the proceedings in relation to a sale.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 9 - Damages and Recovery of Property › Section 10381.

10381. In addition to any other damages for which the personal representative is liable, if the personal representative fraudulently sells real property of the estate contrary to or otherwise than under the provisions of this chapter, the person having an estate of inheritance in the real property may recover from the personal representative, as liquidated damages, an amount equal to double the fair market value of the real property sold on the date of sale.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 9 - Damages and Recovery of Property › Section 10382.

10382. (a) No action for the recovery of property sold by a personal representative on the claim that the sale is void may be maintained by an heir or other person claiming under the decedent unless the action is commenced within whichever of the following is the later time:
(1) Three years after the settlement of the final account of the personal representative.
(2) Three years after the discovery of any fraud upon which the action is based.
(b) The limitation established by subdivision (a) is not tolled for any reason.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 1 - General Provisions › Section 10401.

10401. As used in this part, “court supervision” means the judicial order, authorization, approval, confirmation, or instructions that would be required if authority to administer the estate had not been granted under this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 1 - General Provisions › Section 10402.

10402. As used in this part, “full authority” means authority to administer the estate under this part that includes all the powers granted under this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 1 - General Provisions › Section 10403.

10403. As used in this part, “limited authority” means authority to administer the estate under this part that includes all the powers granted under this part except the power to do any of the following:
(a) Sell real property.
(b) Exchange real property.
(c) Grant an option to purchase real property.
(d) Borrow money with the loan secured by an encumbrance upon real property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 1 - General Provisions › Section 10404.

10404. The personal representative may not be granted authority to administer the estate under this part if the decedent’s will provides that the estate shall not be administered under this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 1 - General Provisions › Section 10405.

10405. A special administrator may be granted authority to administer the estate under this part if the special administrator is appointed with, or has been granted, the powers of a general personal representative.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 1 - General Provisions › Section 10406.

10406. (a) Subject to subdivision (b), this part applies in any case where authority to administer the estate is granted under this part or where independent administration authority was granted under prior law.
(b) If the personal representative was granted independent administration authority prior to July 1, 1988, the personal representative may use that existing authority on and after July 1, 1988, to borrow money on a loan secured by an encumbrance upon real property, whether or not that existing authority includes the authority to sell real property.
(Amended by Stats. 1990, Ch. 710, Sec. 28. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 2 - Granting or Revoking Independent Administration Authority › Section 10450.

10450. (a) To obtain authority to administer the estate under this part, the personal representative shall petition the court for that authority either in the petition for appointment of the personal representative or in a separate petition filed in the estate proceedings.
(b) The petition may request either of the following:
(1) Full authority to administer the estate under this part.
(2) Limited authority to administer the estate under this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 2 - Granting or Revoking Independent Administration Authority › Section 10451.

10451. (a) If the authority to administer the estate under this part is requested in the petition for appointment of the personal representative, notice of the hearing on the petition shall be given for the period and in the manner applicable to the petition for appointment.
(b) Where proceedings for the administration of the estate are pending at the time a petition is filed under Section 10450, 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 petition.
(3) Each known devisee whose interest in the estate would be affected by the petition.
(4) Each person named as executor in the will of the decedent.
(c) The notice of hearing of the petition for authority to administer the estate under this part, whether included in the petition for appointment or in a separate petition, shall include the substance of the following statement: “The petition requests authority to administer the estate under the Independent Administration of Estates Act. This will avoid the need to obtain court approval for many actions taken in connection with the estate. However, before taking certain actions, the personal representative will be required to give notice to interested persons unless they have waived notice or have consented to the proposed action. Independent administration authority will be granted unless good cause is shown why it should not be.”
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 2 - Granting or Revoking Independent Administration Authority › Section 10452.

10452. Unless an interested person objects as provided in Section 1043 to the granting of authority to administer the estate under this part and the court determines that the objecting party has shown good cause why the authority to administer the estate under this part should not be granted, the court shall grant the requested authority. If the objecting party has shown good cause why only limited authority should be granted, the court shall grant only limited authority.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 2 - Granting or Revoking Independent Administration Authority › Section 10453.

10453. (a) If the personal representative is otherwise required to file a bond and has full authority, the court, in its discretion, shall fix the amount of the bond at not more than the estimated value of the personal property, the estimated value of the decedent’s interest in the real property authorized to be sold under this part, and the probable annual gross income of the estate, or, if the bond is to be given by personal sureties, at not less than twice that amount.
(b) If the personal representative is otherwise required to file a bond and has limited authority, the court, in its discretion, shall fix the amount of the bond at not more than the estimated value of the personal property and the probable annual gross income of the estate, or, if the bond is to be given by personal sureties, at not less than twice that amount.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 2 - Granting or Revoking Independent Administration Authority › Section 10454.

10454. (a) Any interested person may file a petition requesting that the court make either of the following orders:
(1) An order revoking the authority of the personal representative to continue administration of the estate under this part.
(2) An order revoking the full authority of the personal representative to administer the estate under this part and granting the personal representative limited authority to administer the estate under this part.
(b) The petition shall set forth the basis for the requested order.
(c) Notice of the hearing on the petition shall be given as provided in Section 1220. In addition, the personal representative shall be served with a copy of the petition and a notice of the time and place of the hearing at least 15 days prior to the hearing. Service on the personal representative shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such manner as may be authorized by the court.
(d) If the court determines that good cause has been shown, the court shall make an order revoking the authority of the personal representative to continue administration of the estate under this part. Upon the making of the order, new letters shall be issued without the notation described in subdivision (c) of Section 8405.
(e) If the personal representative was granted full authority and the court determines that good cause has been shown, the court shall make an order revoking the full authority and granting the personal representative limited authority. Upon the making of the order, new letters shall be issued with the notation described in subdivision (c) of Section 8405 that is required where the authority granted is limited authority.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 1 - General Provisions › Section 10500.

10500. (a) Subject to the limitations and conditions of this part, a personal representative who has been granted authority to administer the estate under this part may administer the estate as provided in this part without court supervision, but in all other respects the personal representative shall administer the estate in the same manner as a personal representative who has not been granted authority to administer the estate under this part.
(b) Notwithstanding subdivision (a), the personal representative may obtain court supervision as provided in this code of any action to be taken by the personal representative during administration of the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 1 - General Provisions › Section 10501.

10501. (a) Notwithstanding any other provision of this part, whether the personal representative has been granted full authority or limited authority, a personal representative who has obtained authority to administer the estate under this part is required to obtain court supervision, in the manner provided in this code, for any of the following actions:
(1) Allowance of the personal representative’s compensation.
(2) Allowance of compensation of the attorney for the personal representative.
(3) Settlement of accounts.
(4) Subject to Section 10520, preliminary and final distributions and discharge.
(5) Sale of property of the estate to the personal representative or to the attorney for the personal representative.
(6) Exchange of property of the estate for property of the personal representative or for property of the attorney for the personal representative.
(7) Grant of an option to purchase property of the estate to the personal representative or to the attorney for the personal representative.
(8) Allowance, payment, or compromise of a claim of the personal representative, or the attorney for the personal representative, against the estate.
(9) Compromise or settlement of a claim, action, or proceeding by the estate against the personal representative or against the attorney for the personal representative.
(10) Extension, renewal, or modification of the terms of a debt or other obligation of the personal representative, or the attorney for the personal representative, owing to or in favor of the decedent or the estate.
(b) Notwithstanding any other provision of this part, a personal representative who has obtained only limited authority to administer the estate under this part is required to obtain court supervision, in the manner provided in this code, for any of the following actions:
(1) Sale of real property.
(2) Exchange of real property.
(3) Grant of an option to purchase real property.
(4) Borrowing money with the loan secured by an encumbrance upon real property.
(c) Paragraphs (5) to (10), inclusive, of subdivision (a) do not apply to a transaction between the personal representative as such and the personal representative as an individual where all of the following requirements are satisfied:
(1) Either (A) the personal representative is the sole beneficiary of the estate or (B) all the known heirs or devisees have consented to the transaction.
(2) The period for filing creditor claims has expired.
(3) No request for special notice is on file or all persons who filed a request for special notice have consented to the transaction.
(4) The claim of each creditor who filed a claim has been paid, settled, or withdrawn, or the creditor has consented to the transaction.
(Amended by Stats. 1992, Ch. 178, Sec. 37. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 1 - General Provisions › Section 10502.

10502. (a) Subject to the conditions and limitations of this part and to Section 9600, a personal representative who has been granted authority to administer the estate under this part has the powers described in Article 2 (commencing with Section 10510), Article 3 (commencing with Section 10530), and Article 4 (commencing with Section 10550).
(b) The will may restrict the powers that the personal representative may exercise under this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 1 - General Provisions › Section 10503.

10503. Subject to the limitations and requirements of this part, when the personal representative exercises the authority to sell property of the estate under this part, the personal representative may sell the property either at public auction or private sale, and with or without notice, for such price, for cash or on credit, and upon such terms and conditions as the personal representative may determine, and the requirements applicable to court confirmation of sales of real property (including, but not limited to, publication of notice of sale, court approval of agents’ and brokers’ commissions, sale at not less than 90 percent of appraised value, and court examination into the necessity for the sale, advantage to the estate and benefit to interested persons, and efforts of the personal representative to obtain the highest and best price for the property reasonably attainable), and the requirements applicable to court confirmation of sales of personal property, do not apply to the sale.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action › Section 10510.

10510. The personal representative may exercise the powers described in this article only if the requirements of Chapter 4 (commencing with Section 10580) (notice of proposed action procedure) are satisfied.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action › Section 10511.

10511. The personal representative who has full authority has the power to sell or exchange real property of the estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action › Section 10512.

10512. The personal representative has the power to sell or incorporate any of the following:
(a) An unincorporated business or venture in which the decedent was engaged at the time of the decedent’s death.
(b) An unincorporated business or venture which was wholly or partly owned by the decedent at the time of the decedent’s death.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action › Section 10513.

10513. The personal representative has the power to abandon tangible personal property where the cost of collecting, maintaining, and safeguarding the property would exceed its fair market value.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action › Section 10514.

10514. (a) Subject to subdivision (b), the personal representative has the following powers:
(1) The power to borrow.
(2) The power to place, replace, renew, or extend any encumbrance upon any property of the estate.
(b) Only a personal representative who has full authority has the power to borrow money with the loan secured by an encumbrance upon real property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action › Section 10515.

10515. The personal representative who has full authority has the power to grant an option to purchase real property of the estate for a period within or beyond the period of administration.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action › Section 10516.

10516. If the will gives a person the option to purchase real or personal property and the person has complied with the terms and conditions stated in the will, the personal representative has the power to convey or transfer the property to the person.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action › Section 10517.

10517. The personal representative has the power to convey or transfer real or personal property to complete a contract entered into by the decedent to convey or transfer the property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action › Section 10518.

10518. The personal representative has the power to allow, compromise, or settle any of the following:
(a) A third-party claim to real or personal property if the decedent died in possession of, or holding title to, the property.
(b) The decedent’s claim to real or personal property title to or possession of which is held by another.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action › Section 10519.

10519. The personal representative has the power to make a disclaimer.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 2 - Powers Exercisable Only After Giving Notice of Proposed Action › Section 10520.

10520. If the time for filing claims has expired and it appears that the distribution may be made without loss to creditors or injury to the estate or any interested person, the personal representative has the power to make preliminary distributions of the following:
(a) Income received during administration to the persons entitled under Chapter 8 (commencing with Section 12000) of Part 10.
(b) Household furniture and furnishings, motor vehicles, clothing, jewelry, and other tangible articles of a personal nature to the persons entitled to the property under the decedent’s will, not to exceed an aggregate fair market value to all persons of fifty thousand dollars ($50,000) computed cumulatively through the date of distribution. Fair market value shall be determined on the basis of the inventory and appraisal.
(c) Cash to general pecuniary devisees entitled to it under the decedent’s will, not to exceed ten thousand dollars ($10,000) to any one person.
(Added by Stats. 1992, Ch. 178, Sec. 38. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 3 - Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances › Section 10530.

10530. Except to the extent that this article otherwise provides, the personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4 (commencing with Section 10580).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 3 - Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances › Section 10531.

10531. (a) The personal representative has the power to manage and control property of the estate, including making allocations and determinations under the Uniform Principal and Income Act, Chapter 3 (commencing with Section 16320) of Part 4 of Division 9. Except as provided in subdivision (b), the personal representative may exercise this power without giving notice of proposed action under Chapter 4 (commencing with Section 10580).
(b) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) in any case where a provision of Chapter 3 (commencing with Section 10500) governing the exercise of a specific power so requires.
(Amended by Stats. 1999, Ch. 145, Sec. 3. Effective January 1, 2000.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 3 - Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances › Section 10532.

10532. (a) The personal representative has the power to enter into a contract in order to carry out the exercise of a specific power granted by this part, including, but not limited to, the powers granted by Sections 10531 and 10551. Except as provided in subdivision (b), the personal representative may exercise this power without giving notice of proposed action under Chapter 4 (commencing with Section 10580).
(b) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) where the contract is one that by its provisions is not to be fully performed within two years, except that the personal representative is not required to comply with those requirements if the personal representative has the unrestricted right under the contract to terminate the contract within two years.
(c) Nothing in this section excuses compliance with the requirements of Chapter 4 (commencing with Section 10580) when the contract is made to carry out the exercise of a specific power and the provision that grants that power requires compliance with Chapter 4 (commencing with Section 10580) for the exercise of the power.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 3 - Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances › Section 10533.

10533. (a) The personal representative has the power to do all of the following:
(1) Deposit money belonging to the estate in an insured account in a financial institution in this state.
(2) Invest money of the estate 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 1564 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.
(D) Eligible securities for the investment of surplus state moneys as provided for in Section 16430 of the Government Code.
(3) Invest money of the estate in any manner provided by the will.
(b) Except as provided in subdivision (c), the personal representative may exercise the powers described in subdivision (a) without giving notice of proposed action under Chapter 4 (commencing with Section 10580).
(c) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) where the personal representative exercises the power to make any investment pursuant to the power granted by subparagraph (D) of paragraph (2) of subdivision (a) or paragraph (3) of subdivision (a), except that the personal representative may invest in 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 without complying with the requirements of Chapter 4 (commencing with Section 10580).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 3 - Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances › Section 10534.

10534. (a) Subject to the partnership agreement and the provisions of the Uniform Partnership Act of 1994 (Chapter 5 (commencing with Section 16100) of Title 2 of the Corporations Code), the personal representative has the power to continue as a general partner in any partnership in which the decedent was a general partner at the time of death.
(b) The personal representative has the power to continue operation of any of the following:
(1) An unincorporated business or venture in which the decedent was engaged at the time of the decedent’s death.
(2) An unincorporated business or venture which was wholly or partly owned by the decedent at the time of the decedent’s death.
(c) Except as provided in subdivision (d), the personal representative may exercise the powers described in subdivisions (a) and (b) without giving notice of proposed action under Chapter 4 (commencing with Section 10580).
(d) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) if the personal representative continues as a general partner under subdivision (a), or continues the operation of any unincorporated business or venture under subdivision (b), for a period of more than six months from the date letters are first issued to a personal representative.
(Amended by Stats. 2003, Ch. 32, Sec. 11. Effective January 1, 2004.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 3 - Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances › Section 10535.

10535. (a) The personal representative has the power to pay a reasonable family allowance. Except as provided in subdivision (b), the personal representative may exercise this power without giving notice of proposed action under Chapter 4 (commencing with Section 10580).
(b) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) for all of the following:
(1) Making the first payment of a family allowance.
(2) Making the first payment of a family allowance for a period commencing more than 12 months after the death of the decedent.
(3) Making any increase in the amount of the payment of a family allowance.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 3 - Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances › Section 10536.

10536. (a) The personal representative has the power to enter as lessor into a lease of property of the estate for any purpose (including, but not limited to, exploration for and production or removal of minerals, oil, gas, or other hydrocarbon substances or geothermal energy, including a community oil lease or a pooling or unitization agreement) for such period, within or beyond the period of administration, and for such rental or royalty or both, and upon such other terms and conditions as the personal representative may determine. Except as provided in subdivisions (b) and (c), the personal representative may exercise this power without giving notice of proposed action under Chapter 4 (commencing with Section 10580).
(b) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) where the personal representative enters into a lease of real property for a term in excess of one year. If the lease gives the lessee the right to extend the term of the lease, the lease shall be considered as if the right to extend has been exercised.
(c) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) where the personal representative enters into a lease of personal property and the lease is one described in subdivision (b) of Section 10532.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 3 - Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances › Section 10537.

10537. (a) The personal representative has the power to sell personal property of the estate or to exchange personal property of the estate for other property upon such terms and conditions as the personal representative may determine. Except as provided in subdivision (b), the personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) in exercising this power.
(b) The personal representative may exercise the power granted by subdivision (a) without giving notice of proposed action under Chapter 4 (commencing with Section 10580) in case of the sale or exchange of any of the following:
(1) A security sold on an established stock or bond exchange.
(2) A security designated as a national market system security on an interdealer quotation system, or subsystem thereof, by the National Association of Securities Dealers, Inc., sold through a broker-dealer registered under the Securities Exchange Act of 1934 during the regular course of business of the broker-dealer.
(3) Personal property referred to in Section 10202 or 10259 when sold for cash.
(4) A security described in Section 10200 surrendered for redemption or conversion.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 3 - Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances › Section 10538.

10538. (a) The personal representative has the following powers:
(1) The power to grant an exclusive right to sell property for a period not to exceed 90 days.
(2) The power to grant to the same broker one or more extensions of an exclusive right to sell property, each extension being for a period not to exceed 90 days.
(b) Except as provided in subdivision (c), the personal representative may exercise the powers described in subdivision (a) without giving notice of proposed action under Chapter 4 (commencing with Section 10580).
(c) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) where the personal representative grants to the same broker an extension of an exclusive right to sell property and the period of the extension, together with the periods of the original exclusive right to sell the property and any previous extensions of that right, is more than 270 days.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10550.

10550. The personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4 (commencing with Section 10580).
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10551.

10551. In addition to the powers granted to the personal representative by other sections of this chapter, the personal representative has all the powers that the personal representative could exercise without court supervision under this code if the personal representative had not been granted authority to administer the estate under this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10552.

10552. The personal representative has the power to do all of the following:
(a) Allow, pay, reject, or contest any claim by or against the estate.
(b) Compromise or settle a claim, action, or proceeding by or for the benefit of, or against, the decedent, the personal representative, or the estate.
(c) Release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible.
(d) Allow a claim to be filed after the expiration of the time for filing the claim.
(Amended by Stats. 1996, Ch. 862, Sec. 29. Effective January 1, 1997.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10553.

10553. The personal representative has the power to do all of the following:
(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 6 - INDEPENDENT ADMINISTRATION OF ESTATES › CHAPTER 3 - Administration Under Independent Administration Authority › ARTICLE 4 - Powers Exercisable Without Giving Notice of Proposed Action › Section 10554.

10554. The personal representative has the power to extend, renew, or in any manner modify the terms of an obligation owing to or in favor of the decedent or the estate.
(Enacted by Stats. 1990, Ch. 79.)