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 4 - Special Provisions Applicable to Particular Types of Property › Section 10200.

10200. (a) As used in this section, “securities” means “security” as defined in Section 70, land trust certificates, certificates of beneficial interest in trusts, investment trust certificates, mortgage participation certificates, or certificates of deposit for any of the foregoing, but does not include notes secured by a mortgage or deed of trust unless the note or notes have been authorized or permitted to be issued by the Commissioner of Financial Protection and Innovation or have been made by a public utility subject to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1 of the Public Utilities Code).
(b) After authorization by order of court, securities may be sold or may be surrendered for redemption or conversion. Title to the securities sold or surrendered as authorized by an order obtained under this section passes without the need for subsequent court confirmation.
(c) To obtain an order under this section, the personal representative or any interested person shall file a petition stating the terms and conditions and the advantage to the estate of the proposed sale or redemption or conversion. If the court authorizes the sale, redemption, or conversion, the court’s order shall fix the terms and conditions of sale, redemption, or conversion.
(d) Notice of the hearing on the petition shall be given as provided in Section 1220 and posted as provided in Section 1230, but the court may order that the notice be given for a shorter period or dispensed with.
(e) No notice of sale or of the redemption or conversion need be given if any of the following conditions are satisfied:
(1) The minimum selling price is fixed by the court.
(2) The securities are to be sold on an established stock or bond exchange.
(3) The securities to be sold are securities designated as a national market system security on an interdealer quotation system, or subsystem thereof, by the National Association of Securities Dealers, Inc., sold through a broker-dealer registered under the Securities Exchange Act of 1934 during the regular course of business of the broker-dealer.
(4) The securities are to be surrendered for redemption or conversion.
(Amended by Stats. 2022, Ch. 452, Sec. 207. (SB 1498) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 4 - Special Provisions Applicable to Particular Types of Property › Section 10201.

10201. (a)  For purposes of this section:
(1) “Federal association” is defined in Section 5102 of the Financial Code.
(2) “Mutual capital certificate” is defined in Section 5111 of the Financial Code.
(3) “Savings account” is defined in Section 5116 of the Financial Code.
(4) “Savings association” is defined in Section 5102 of the Financial Code.
(5) “Withdrawal value” is defined in Section 5124 of the Financial Code.
(b) Notwithstanding Section 10200, savings accounts and mutual capital certificates of a savings association or federal association may be sold or surrendered for withdrawal by the personal representative, and title thereto passed, without notice of sale, prior order of court, or subsequent confirmation by the court, if an amount of money is obtained upon the sale or withdrawal not less than the withdrawal value of the savings account or the value of the mutual capital certificate.
(c) Notwithstanding Section 10200, credit union share accounts and certificates for funds may be sold or withdrawn by the personal representative, and title thereto passed, without notice of sale, prior order of court, or subsequent confirmation by the court, if an amount of money is obtained upon the sale or withdrawal not less than the withdrawal value of the share account or the value of the certificate for funds.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 4 - Special Provisions Applicable to Particular Types of Property › Section 10202.

10202. Notwithstanding Section 10200, if an estate by reason of owning securities, also owns or receives subscription rights for the purchase of additional securities, the personal representative may sell all or part of the subscription rights without notice of sale, prior order of court, or subsequent confirmation by the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 4 - Special Provisions Applicable to Particular Types of Property › Section 10203.

10203. (a) Except as provided in subdivision (b), where property to be sold consists of a leasehold interest, the sale shall be made as in the case of the sale of personal property of the estate.
(b) The sale of a leasehold interest shall be made as in the case of the sale of real property of the estate if the interest to be sold consists of any of the following:
(1) A leasehold interest in real property with an unexpired term of 10 years or longer. For this purpose, the leasehold interest shall be considered to have an unexpired term of 10 years or longer if the lessee has the right to extend the term and the term, if extended, would exceed 10 years.
(2) A leasehold interest in real property together with an option to purchase the leased property or some part thereof.
(3) A lease for the purpose of production of minerals, oil, gas, or other hydrocarbon substances, or geothermal energy.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 4 - Special Provisions Applicable to Particular Types of Property › Section 10204.

10204. Property of the estate that consists of a partnership interest or an interest belonging to an estate by virtue of a partnership formerly existing may be sold in the same manner as other personal property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 4 - Special Provisions Applicable to Particular Types of Property › Section 10205.

10205. A chose in action belonging to the estate may be sold in the same manner as other personal property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 4 - Special Provisions Applicable to Particular Types of Property › Section 10206.

10206. (a) Except as otherwise provided in this section, if the decedent at the time of death was possessed of a contract for the purchase of real property and the decedent’s interest in the property and under the contract is to be sold, the sale shall be made as in the case of the sale of real property of the estate.
(b) If the decedent’s interest in the property and under the contract is sold, the sale shall be made subject to all payments which are due at the time of sale or which may thereafter become due on the contract. Except as provided in subdivision (d), if there are any payments due or to become due, the court shall not confirm the sale until the purchaser executes a bond to the personal representative that satisfies the requirements of subdivision (c).
(c) The bond shall be for the benefit and indemnity of the personal representative and the persons entitled to the interest of the decedent in the real property contracted for. The amount of the bond shall be equal to the amount of payments then due and thereafter to become due on the contract, with such sureties as the court may approve. The bond shall be conditioned that the purchaser will (1) make all payments for the property which are then due or which become due after the date of the sale and (2) fully indemnify the personal representative and the person entitled to the interest of the decedent against all demands, costs, charges, and expenses, by reason of any covenant or agreement contained in the contract.
(d) The bond need not be given in either of the following cases:
(1)  Where no claim has been made against the estate on the contract and the time for filing claims has expired.
(2)  Where the person entitled to payment under the contract waives all recourse to the assets of the estate for payment and releases the estate and the personal representative from liability for payment.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 4 - Special Provisions Applicable to Particular Types of Property › Section 10207.

10207. (a) Real property suitable for a shift-in-land-use loan to develop grazing or pasture facilities may be sold under this section by the personal representative to a grazing or pasture association in conformity with the federal Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921, et seq.) after authorization by order of the court.
(b) The personal representative or any interested person may file a petition for an order under this section. Notice of the hearing on the petition shall be given as provided in Section 1220.
(c) An order for sale of property under this section may be made only if the court determines both of the following:
(1) Either the sale is made pursuant to the will of the decedent or all of the following have consented to the sale:
(A) Each known heir whose interest in the estate would be affected by the sale.
(B) Each known devisee who has an interest in the property under the decedent’s will.
(2) The sale will not jeopardize the rights of creditors of the estate.
(d) If the court makes an order authorizing sale of the property, the personal representative may make the sale in accord with the terms and conditions set out in the order, subject to the following requirements:
(1) Except as provided in Sections 10002, 10301, 10303, and 10503, notice of the time and place of the sale shall be published pursuant to Section 10300.
(2) The price of the sale made shall be not less than the value of the property as established by an independent and competent appraiser mutually acceptable to the federal government, the grazing or pasture association, and the personal representative.
(3) Except as provided in Sections 10002 and 10503, the sale shall be reported to and confirmed by the court as provided in Article 6 (commencing with Section 10300) before title to the property passes, but the sale may be made irrespective of whether a higher bid is made to the court at the hearing on the petition to confirm the sale.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 5 - Sale of Personal Property › Section 10250.

10250. Subject to Sections 10251 and 10252 and except as otherwise provided by statute, personal property of the estate may be sold only after notice of sale is given by one or both of the following methods, as the personal representative may determine:
(a)  Posting at the county courthouse of the county in which the proceedings are pending at least 15 days before:
(1) In the case of a private sale, the day specified in the notice of sale as the day on or after which the sale is to be made.
(2) In the case of a public auction sale, the day of the auction.
(b)  Publication pursuant to Section 6063a of the Government Code in a newspaper in the county in which the proceedings are pending, such publication to be completed before:
(1) In the case of a private sale, the day specified in the notice of sale as the day on or after which the sale is to be made.
(2) In the case of a public auction sale, the day of the auction.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 5 - Sale of Personal Property › Section 10251.

10251. (a) If it is shown that it will be to the advantage of the estate, the court or judge may by order shorten the time of notice of sale to not less than five days.
(b) If the court or judge makes an order under subdivision (a), notice of sale shall be given by one or both of the following methods, as the personal representative may determine:
(1) By posting as provided in Section 10250 except that the posting shall be for at least five days instead of 15 days as required by Section 10250.
(2) By publication as provided in Section 10250 except that the publication shall be pursuant to Section 6061 of the Government Code.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 5 - Sale of Personal Property › Section 10252.

10252. Personal property may be sold with or without notice, as the personal representative may determine, in any of the following cases:
(a) Where the property is directed by the will to be sold.
(b) Where authority is given in the will to sell the property.
(c) Where the property is perishable, will depreciate in value if not disposed of promptly, or will incur loss or expense by being kept.
(d) Where sale of the property is necessary to provide for the payment of a family allowance pending receipt of other sufficient funds.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 5 - Sale of Personal Property › Section 10253.

10253. (a) The notice of sale given pursuant to Section 10250 shall state all of the following:
(1) Whether the sale is to be a private sale or a public auction sale.
(2) In the case of a private sale, the place at which bids or offers will be received and a day on or after which the sale will be made or, in the case of a public auction sale, the time and place of sale.
(3) A brief description of the personal property to be sold.
(b) The notice of sale may state other matters in addition to those required by subdivision (a), including terms and conditions of sale.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 5 - Sale of Personal Property › Section 10254.

10254. (a) Unless the court orders otherwise pursuant to subdivision (b):
(1) A sale of personal property at a public auction sale shall be made within this state at the courthouse door, at the auction house, at some other public place, or at the residence of the decedent.
(2) No public auction sale shall be made of any tangible personal property that is not present at the time of sale.
(b) Upon petition of the personal representative or any interested person, the court may order either or both of the following:
(1) That a sale of personal property at public auction be made at any place within or without the United States.
(2) That tangible personal property need not be present at the time of sale.
(c) The personal representative may postpone a public auction sale of personal property from time to time if all of the following conditions are satisfied:
(1) The personal representative believes that the postponement is to the advantage of the estate.
(2) Notice of the postponement is given by public declaration at the time and place appointed for the sale.
(3) The postponement, together with previous postponements of sale of the property, does not exceed three months.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 5 - Sale of Personal Property › Section 10255.

10255. (a) A private sale of personal property may not be made before the day stated in the notice of sale as the day on or after which the sale will be made, nor later than one year after that day.
(b) In the case of a private sale of personal property, the bids or offers shall be in writing and shall be left at the place designated in the notice of sale, or be delivered to the personal representative personally or to the person specified in the notice of sale, at any time after the first publication or posting of notice of sale and before the making of the sale.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 5 - Sale of Personal Property › Section 10256.

10256. Whether a sale of personal property is private or at public auction, bids shall substantially comply with any terms specified in the notice of sale.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 5 - Sale of Personal Property › Section 10257.

10257. (a) Personal property may be sold for cash or on credit.
(b) Except as may otherwise be ordered by the court pursuant to Section 10258, if a sale is made on credit, not less than 25 percent of the purchase price shall be paid in cash at the time of sale, and the personal representative shall do one of the following:
(1) Take the note of the purchaser for the balance of the purchase money, with a security interest in the personal propery sold, to secure the payment of the balance.
(2) Enter into a conditional sale contract under which title is retained until the balance is paid.
(c) The terms of the note and security interest or conditional sale contract shall be approved by the court at the time of confirmation of sale.
(d) Where property sold by the personal representative for part cash and part deferred payments consists of an undivided interest in personal property or any other interest therein less than the entire ownership and the owner or owners of the remaining interests therein join in the sale, the note and security interest may be made to the personal representative and such others having an interest in the property. The interest of the personal representative in the note and security interest shall be in the same interest and in the same proportions as the estate’s interest in the property prior to the sale.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 5 - Sale of Personal Property › Section 10258.

10258. (a) On petition of the personal representative, the court may by order authorize a sale of personal property on credit on terms providing for less than 25 percent of the purchase price to be paid in cash at the time of sale, or may waive or modify the requirement that a security interest or other lien shall be retained or taken to secure payment of the balance of the purchase price, where it is shown that the terms are to the advantage of the estate and the property to be sold is of such a nature that it is impracticable to sell the property for a larger cash payment at the time of sale or to retain a security interest or other lien in the property. The order of the court shall fix the terms and conditions of the sale.
(b) Notice of the hearing on the petition shall be posted as provided in Section 1230 and given as provided in Section 1220 to all of the following persons:
(1) Each person listed in Section 1220.
(2) Each known heir whose interest in the estate would be affected by the sale.
(3) Each known devisee whose interest in the estate would be affected by the sale.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 5 - Sale of Personal Property › Section 10259.

10259. (a) Title to the following personal property passes upon sale without the need for court confirmation or approval:
(1) Personal property which is perishable, which will depreciate in value if not disposed of promptly, or which will incur loss or expense by being kept.
(2) Personal property the sale of which is necessary to provide for the payment of a family allowance pending receipt of other sufficient funds.
(b) Title to personal property sold at public auction passes without the need for court confirmation or approval upon receipt of the purchase price and:
(1) In the case of tangible personal property, the delivery of the property to the purchaser.
(2) In the case of intangible personal property, the delivery to the purchaser of the instrument that transfers the title to the property to the purchaser.
(c) The personal representative is responsible for the actual value of the property described in subdivision (a) or (b) unless the sale is reported to and approved by the court.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 5 - Sale of Personal Property › Section 10260.

10260. (a) Except as provided in Sections 10200, 10201, 10202, 10259, and 10503, all sales of personal property shall be reported to and be confirmed by the court before title to the property passes to the purchaser, notwithstanding that the property is directed by the will to be sold or authority is given in the will to sell the property.
(b) If the personal representative fails to file the report and a petition for confirmation of the sale within 30 days after the sale, the purchaser at the sale may file the report and petition for confirmation of the sale.
(c) Notice of the hearing on the petition for confirmation filed under subdivision (a) or (b) shall be given as provided in Section 1220 and posted as provided in Section 1230.
(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 5 - Sale of Personal Property › Section 10261.

10261. (a) Except as provided in this subdivision, at the hearing on the petition for confirmation of the sale, the court shall examine into the necessity for the sale or the advantage to the estate and the benefit to the interested persons in making the sale. If the decedent’s will authorizes or directs the property to be sold, there need be no showing of the necessity of the sale or the advantage to the estate and the benefit to the interested persons in making the sale.
(b) Any interested person may file written objections to the confirmation of the sale at or before the hearing and may testify and produce witnesses in support of the objections.
(c) Before confirming the sale of a partnership interest, whether made to the surviving partner or to any other person, the court shall do both of the following:
(1) Inquire into the condition of the partnership affairs.
(2) Examine any surviving partner if that surviving partner is a resident within the state at the time of the hearing and able to be present in court. The court may issue a citation to compel the surviving partner to attend the hearing.
(d) Upon its own motion or upon the request of the personal representative, the agent or broker, or any other interested person, made at the time of the confirmation hearing or at another time, the court shall fix the compensation of the agent or broker as provided in Article 3 (commencing with Section 10160).
(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 5 - Sale of Personal Property › Section 10262.

10262. (a) Except as provided in subdivision (b), if a written offer to purchase the property is made to the court at the hearing on the petition for confirmation of the sale and the new bid is at least 10 percent more than the amount stated in the report made to the court, the court in its discretion may accept the new bid and confirm the sale to the offeror, or may order a new sale, if all of the following conditions are satisfied:
(1) The original bid as stated in the report to the court is more than one hundred dollars ($100) or, if the original bid is less than one hundred dollars ($100), the new bid is at least one hundred dollars ($100) more than the original bid.
(2) The new bid is made by a responsible person.
(3) The new bid complies with all provisions of law.
(b) If there is more than one offer that satisfies the requirements of subdivision (a), the court shall do one of the following:
(1) Accept the highest such offer and confirm the sale to the offeror.
(2) Order a new sale.
(c) This section does not apply to a sale of property described in Section 10259.
(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 5 - Sale of Personal Property › Section 10263.

10263. If notice of the sale was required, before an order is made confirming the sale, it shall be proved to the satisfaction of the court that notice of the sale was given as required by this article, and the order of confirmation shall show that such proof was made.
(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 5 - Sale of Personal Property › Section 10264.

10264. No omission, error, or irregularity in the proceedings under this article shall impair or invalidate the proceedings or the sale pursuant to an order made under this article.
(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 6 - Sale of Real Property › Section 10300.

10300. (a) Except as provided in Sections 10301 to 10303, inclusive, and in Section 10503, real property of the estate may be sold only after notice of sale has been published pursuant to Section 6063a of the Government Code (1) in a newspaper published in the county in which the real property or some portion thereof is located or (2) if there is no such newspaper, in such newspaper as the court or judge may direct.
(b) The publication of notice of sale shall be completed before:
(1) In the case of a private sale, the day specified in the notice as the day on or after which the sale is to be made.
(2) In the case of a public auction sale, the day of the auction.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 6 - Sale of Real Property › Section 10301.

10301. (a) If it appears from the inventory and appraisal that the value of the real property to be sold does not exceed five thousand dollars ($5,000), the personal representative may in his or her discretion dispense with publication of notice of sale and, in lieu of publication, post the notice of sale at the courthouse of the county in which the real property or some portion thereof is located.
(b) Except as provided in Section 10302, posting pursuant to this section shall be for at least 15 days before:
(1) In the case of a private sale, the day specified in the notice of sale as the day on or after which the sale is to be made.
(2) In the case of a public auction sale, the day of the auction.
(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 6 - Sale of Real Property › Section 10302.

10302. (a) If it is shown that it will be to the advantage of the estate, the court or judge may by order shorten the time of notice of sale to not less than five days.
(b) Except as provided in subdivision (c), if the court or judge makes an order under subdivision (a), notice of sale shall be published as provided in Section 10300 except that the publication shall be pursuant to Section 6061 of the Government Code.
(c) In a case described in Section 10301, if the court makes an order under subdivision (a), notice of sale shall be posted as provided in Section 10301 except that the notice of sale shall be posted at least five days before the sale instead of 15 days as required by Section 10301.
(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 6 - Sale of Real Property › Section 10303.

10303. Real property may be sold with or without notice, as the personal representative may determine, in either of the following cases:
(a) Where the property is directed by the will to be sold.
(b) Where authority is given in the will to sell the property.
(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 6 - Sale of Real Property › Section 10304.

10304. (a) The notice of sale given pursuant to this article shall state all of the following:
(1) Whether the sale is to be a private sale or a public auction sale.
(2) In the case of a private sale, the place at which bids or offers will be received and a day on or after which the sale will be made or, in the case of a public auction sale, the time and place of sale.
(3) The street address or other common designation or, if none, a legal description of the real property to be sold.
(b) The notice of sale may state other matters in addition to those required by subdivision (a), including terms and conditions of sale.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 6 - Sale of Real Property › Section 10305.

10305. (a) A sale of real property at public auction shall be made in the county in which the property is located. If the property is located in two or more counties, it may be sold in any one of them.
(b) A sale of real property at public auction shall be made between 9 a.m. and 9 p.m., and the sale shall be made on the day specified in the notice of sale unless the sale is postponed.
(c) The personal representative may postpone a public auction sale of real property from time to time if all of the following conditions are satisfied:
(1) The personal representative believes that the postponement is to the advantage of the estate.
(2) Notice of the postponement is given by public declaration at the time and place appointed for the sale.
(3) The postponement, together with previous postponements of sale of the property, does not exceed three months in all.
(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 6 - Sale of Real Property › Section 10306.

10306. (a) A private sale of real property may not be made before the day stated in the notice of sale as the day on or after which the sale will be made, nor later than one year after that day.
(b) In the case of a private sale of real property, the bids or offers shall be in writing and shall be left at the place designated in the notice of sale, or be delivered to the personal representative personally or to the person specified in the notice of sale, at any time after the first publication or posting of notice of sale and before the making of the sale.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 6 - Sale of Real Property › Section 10307.

10307. Whether a sale of real property is private or at public auction, bids shall substantially comply with any terms specified in the notice of sale.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 6 - Sale of Real Property › Section 10308.

10308. (a) Except as provided in Section 10503, all sales of real property shall be reported to and be confirmed by the court before title to the property passes to the purchaser, whether the sale is a private sale or a public auction sale and notwithstanding that the property is directed by the will to be sold or authority is given in the will to sell the property.
(b) If the personal representative fails to file the report and a petition for confirmation of the sale within 30 days after the sale, the purchaser at the sale may file the report and petition for confirmation of the sale.
(c) Notice of the hearing on the petition for confirmation filed under subdivision (a) or (b) shall be given as provided in Section 1220 to the persons designated by that section and to the purchasers named in the petition, and posted as provided in Section 1230.
(Amended by Stats. 1992, Ch. 871, Sec. 11. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 6 - Sale of Real Property › Section 10309.

10309. (a) Except as provided in Section 10207, no sale of real property at private sale shall be confirmed by the court unless all of the following conditions are satisfied:
(1) The real property has been appraised within one year prior to the date of the confirmation hearing.
(2) The valuation date used in the appraisal described in paragraph (1) is within one year prior to the date of the confirmation hearing.
(3) The sum offered for the property is at least 90 percent of the appraised value of the property as determined by the appraisal described in paragraph (1).
(b) An appraisal of the property may be had at any time before the sale or the confirmation of sale in any of the following cases:
(1) Where the property has not been previously appraised.
(2) Where the property has not been appraised within one year before the date of the confirmation hearing.
(3) Where the valuation date used in the latest appraisal is more than one year before the date of the confirmation hearing.
(4) Where the court is satisfied that the latest appraisal is too high or too low.
(c) A new appraisal made pursuant to subdivision (b) need not be made by a probate referee if the original appraisal of the property was made by a person other than a probate referee. If the original appraisal of the property was made by a probate referee, the new appraisal may be made by the probate referee who made the original appraisal without further order of the court or further request for the appointment of a new probate referee. If appraisal by a probate referee is required, a new probate referee shall be appointed, using the same procedure as for the appointment of an original referee, to make the new appraisal if the original probate referee is dead, has been removed, or is otherwise unable to act, or if there is other reason to appoint another probate referee.
(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 6 - Sale of Real Property › Section 10310.

10310. (a) Except as provided in this subdivision, at the hearing on the petition for confirmation of the sale of the real property, the court shall examine into the necessity for the sale or the advantage to the estate and the benefit to the interested persons in making the sale. If the decedent’s will authorizes or directs the property to be sold, there need be no showing of the necessity of the sale or the advantage to the estate and benefit to the interested persons in making the sale.
(b) The court shall examine into the efforts of the personal representative to obtain the highest and best price for the property reasonably attainable.
(c) Any interested person may file written objections to the confirmation of the sale at or before the hearing and may testify and produce witnesses in support of the objections.
(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 6 - Sale of Real Property › Section 10311.

10311. (a) Subject to subdivisions (b), (c), (d), and (e), and except as provided in Section 10207, if a written offer to purchase the real property is made to the court at the hearing on the petition for confirmation of the sale, the court shall accept the offer and confirm the sale to the offeror if all of the following conditions are satisfied:
(1) The offer is for an amount at least 10 percent more on the first ten thousand dollars ($10,000) of the original bid and 5 percent more on the amount of the original bid in excess of ten thousand dollars ($10,000).
(2) The offer is made by a responsible person.
(3) The offer complies with all provisions of law.
(b) Subject to subdivisions (c), (d), and (e), if there is more than one offer that satisfies the requirements of subdivision (a), the court shall accept the highest such offer and confirm the sale to the person making that offer.
(c) The court may, in its discretion, decline to accept the offer that satisfies the requirements of subdivisions (a) and (b); and, in such case, the court shall order a new sale.
(d) If the sale returned for confirmation is on credit and the higher offer is for cash or on credit, whether on the same or different credit terms, or the sale returned for confirmation is for cash and the higher offer is on credit, the court may not consider the higher offer unless the personal representative informs the court in person or by counsel prior to confirmation of sale that the higher offer is acceptable.
(e) For the purpose of this section, the amount of the original bid and any higher offer shall be determined by the court without regard to any of the following:
(1) Any commission on the amount of the bid to which an agent or broker may be entitled under a contract with the personal representative.
(2) Any condition of the bid that a certain amount of the bid be paid to an agent or broker by the personal representative.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 6 - Sale of Real Property › Section 10312.

10312. If notice of the sale was required, before an order is made confirming the sale it shall be proved to the satisfaction of the court that notice of the sale was given as required by this article, and the order of confirmation shall show that the proof was made.
(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 6 - Sale of Real Property › Section 10313.

10313. (a) The court shall make an order confirming the sale to the person making the highest offer that satisfies the requirements of this article, and directing conveyances or assignments or both to be executed, if it appears to the court that all of the following requirements are satisfied:
(1) Either the sale was authorized or directed to be made by the decedent’s will or good reason existed for the sale.
(2) If notice of the sale was required, the proof required by Section 10312 has been made.
(3) The sale was legally made and fairly conducted.
(4) The amount for which the sale is to be confirmed is not disproportionate to the value of the property.
(5) In the case of a private sale, the sale complied with the requirements of Section 10309.
(6) If the sale is confirmed to the original bidder, it does not appear that a sum exceeding the original bid by at least 10 percent more on the first ten thousand dollars ($10,000) of the original bid and 5 percent more on the amount of the original bid in excess of ten thousand dollars ($10,000), exclusive of the expenses of a new sale, may be obtained.
(b)  Upon its own motion or upon the request of the personal representative, the agent or broker, or any other interested person, made at the time of the confirmation hearing or at another time, the court shall fix the compensation of the agent or broker as provided in Article 3 (commencing with Section 10160).
(c) If it appears to the court that the requirements of subdivision (a) are not satisfied, the court shall vacate the sale and order a new sale.
(d) If the court orders a new sale under subdivision (c) of this section or under subdivision (c) of Section 10311, notice of the new sale shall be given and the new sale shall in all respects be conducted as if no previous sale had taken place.
(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 6 - Sale of Real Property › Section 10314.

10314. (a) Except as provided in subdivision (b), upon confirmation of the sale, the personal representative shall execute a conveyance to the purchaser which shall refer to the order confirming the sale and directing the conveyance to be executed. A certified copy of the order shall be recorded in the office of the recorder of the county in which the real property or some portion thereof is located.
(b) Upon confirmation of a sale of the decedent’s interest under a contract for the purchase of real property by the decedent and after the purchaser has given a bond if one is required under Section 10206, the personal representative shall execute an assignment of the contract to the purchaser.
(c) A conveyance made in compliance with the court order confirming the sale and directing the conveyance to be executed vests in the purchaser 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 sale.
(d) An assignment made in compliance with the court order confirming the sale of the decedent’s interest under a contract for the purchase of real property by the decedent vests in the purchaser all the right, title, and interest of the estate, or of the persons entitled to the interest of the decedent, at the time of sale in the property assigned. The purchaser of the decedent’s interest under the contract for the purchase of the real property by the decedent has the same rights and remedies against the vendor of the property as the decedent would have had if living.
(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 6 - Sale of Real Property › Section 10315.

10315. (a) If a sale is made on credit, the personal representative shall take the note of the purchaser for the unpaid portion of the purchase money, with a mortgage or deed of trust on the property to secure payment of the note. The mortgage or deed of trust shall be subject only to encumbrances existing at the date of sale and such other encumbrances as the court may approve.
(b) Where property sold by the personal representative for part cash and part deferred payments consists of an undivided interest in real property or any other interest therein less than the entire ownership and the owner or owners of the remaining interests therein join in the sale, the note and deed of trust or mortgage may be made to the personal representative and such others having an interest in the property. The interest of the personal representative in the note and deed of trust or mortgage shall be in the same interest and in the same proportions as the estate’s interest in the property prior to the sale.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 6 - Sale of Real Property › Section 10316.

10316. No omission, error, or irregularity in the proceedings under this article shall impair or invalidate the proceedings or the sale pursuant to an order made under this article.
(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 7 - Vacating Sale for Purchaser s Default; Liability of Defaulting Purchaser for Damages › Section 10350.

10350. (a) If after court confirmation of sale of real or personal property the purchaser fails to comply with the terms of sale, the court may, on petition of the personal representative, vacate the order of confirmation, order a resale of the property, and award damages to the estate against the purchaser.
(b) Notice of the hearing on the petition shall be given as provided in Section 1220 to the persons designated by that section and the notice and a copy of the petition shall be given to the buyers and brokers named in the order confirming sale, except that notice need not be given to a defaulting purchaser whose written consent to the petition is filed with the court before the hearing.
(c) Notice of the resale of the property shall be given as provided in this chapter for a sale of the property in the first instance.
(d) Proceedings after notice of the resale shall be as provided in this chapter for a sale of the property in the first instance.
(e) If the property is resold, the defaulting purchaser is liable to the estate for damages equal to the sum of the following:
(1) The difference between the contract price of the first sale and the amount paid by the purchaser at the resale.
(2) Expenses made necessary by the purchaser’s breach.
(3) Other consequential damages.
(Amended by Stats. 1992, Ch. 871, Sec. 12. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS › PART 5 - ESTATE MANAGEMENT › CHAPTER 18 - Sales › ARTICLE 7 - Vacating Sale for Purchaser s Default; Liability of Defaulting Purchaser for Damages › Section 10351.

10351. (a) The court may vacate the order of confirmation of a sale of real or personal property and make an order confirming the sale to the new high bidder if both of the following requirements are satisfied:
(1) A petition is filed within 60 days after confirmation of the sale showing that (A) the purchaser at the sale has failed to complete the purchase and (B) a bid has been made for the property in the same or a higher amount, on the same or better terms, and in the manner prescribed in the original notice of sale.
(2) The sale has not been vacated pursuant to Section 10350.
(b) Notice of the hearing on the petition shall be given as provided in Section 1220 to the persons designated by that section and the notice and a copy of the petition shall be given to the buyers and brokers named in the order confirming sale, except that notice need not be given to a defaulting purchaser whose written consent to the vacation of the order confirming the sale is filed with the court prior to the hearing.
(c) If the report and petition for confirmation of the second sale are not filed within 60 days of the confirmation of the first sale, the property may be resold only in the manner provided in Section 10350.
(Amended by Stats. 1992, Ch. 871, Sec. 13. Effective January 1, 1993.)