California Laws - Probate Code
DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS
PART 6. INDEPENDENT ADMINISTRATION OF ESTATES

PART 6. INDEPENDENT ADMINISTRATION OF ESTATES (7305)(1-click HTML)

CHAPTER 1. GENERAL PROVISIONS (10400-10406) (7306)(1-click HTML)

10400. This part shall be known and may be cited as the Independent Administration of Estates Act. (7307)

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. (7308)

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. (7309)

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: (7310)

(a) Sell real property. (7311)

(b) Exchange real property. (7312)

(c) Grant an option to purchase real property. (7313)

(d) Borrow money with the loan secured by an encumbrance upon real property. (7314)

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. (7315)

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. (7316)

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. (7317)

(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. (7318)

CHAPTER 2. GRANTING OR REVOKING INDEPENDENT ADMINISTRATION AUTHORITY (10450-10454) (7319)(1-click HTML)

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. (7320)

(b) The petition may request either of the following: (7321)

(1) Full authority to administer the estate under this part. (7322)

(2) Limited authority to administer the estate under this part. (7323)

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. (7324)

(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: (7325)

(1) Each person listed in Section 1220. (7326)

(2) Each known heir whose interest in the estate would be affected by the petition. (7327)

(3) Each known devisee whose interest in the estate would be affected by the petition. (7328)

(4) Each person named as executor in the will of the decedent. (7329)

(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." (7330)

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. (7331)

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. (7332)

(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. (7333)

10454. (a) Any interested person may file a petition requesting that the court make either of the following orders: (7334)

(1) An order revoking the authority of the personal representative to continue administration of the estate under this part. (7335)

(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. (7336)

(b) The petition shall set forth the basis for the requested order. (7337)

(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. (7338)

(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. (7339)

(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. (7340)

CHAPTER 3. ADMINISTRATION UNDER INDEPENDENT ADMINISTRATION AUTHORITY (7341)(1-click HTML)

Article 1. General Provisions (10500-10503) (7342)(1-click HTML)

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. (7343)

(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. (7344)

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: (7345)

(1) Allowance of the personal representative's compensation. (7346)

(2) Allowance of compensation of the attorney for the personal representative. (7347)

(3) Settlement of accounts. (7348)

(4) Subject to Section 10520, preliminary and final distributions and discharge. (7349)

(5) Sale of property of the estate to the personal representative or to the attorney for the personal representative. (7350)

(6) Exchange of property of the estate for property of the personal representative or for property of the attorney for the personal representative. (7351)

(7) Grant of an option to purchase property of the estate to the personal representative or to the attorney for the personal representative. (7352)

(8) Allowance, payment, or compromise of a claim of the personal representative, or the attorney for the personal representative, against the estate. (7353)

(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. (7354)

(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. (7355)

(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: (7356)

(1) Sale of real property. (7357)

(2) Exchange of real property. (7358)

(3) Grant of an option to purchase real property. (7359)

(4) Borrowing money with the loan secured by an encumbrance upon real property. (7360)

(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: (7361)

(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. (7362)

(2) The period for filing creditor claims has expired. (7363)

(3) No request for special notice is on file or all persons who filed a request for special notice have consented to the transaction. (7364)

(4) The claim of each creditor who filed a claim has been paid, settled, or withdrawn, or the creditor has consented to the transaction. (7365)

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). (7366)

(b) The will may restrict the powers that the personal representative may exercise under this part. (7367)

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. (7368)

Article 2. Powers Exercisable Only After Giving Notice of Proposed Action (10510-10520) (7369)(1-click HTML)

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. (7370)

10511. The personal representative who has full authority has the power to sell or exchange real property of the estate. (7371)

10512. The personal representative has the power to sell or incorporate any of the following: (7372)

(a) An unincorporated business or venture in which the decedent was engaged at the time of the decedent's death. (7373)

(b) An unincorporated business or venture which was wholly or partly owned by the decedent at the time of the decedent's death. (7374)

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. (7375)

10514. (a) Subject to subdivision (b), the personal representative has the following powers: (7376)

(1) The power to borrow. (7377)

(2) The power to place, replace, renew, or extend any encumbrance upon any property of the estate. (7378)

(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. (7379)

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. (7380)

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. (7381)

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. (7382)

10518. The personal representative has the power to allow, compromise, or settle any of the following: (7383)

(a) A third-party claim to real or personal property if the decedent died in possession of, or holding title to, the property. (7384)

(b) The decedent's claim to real or personal property title to or possession of which is held by another. (7385)

10519. The personal representative has the power to make a disclaimer. (7386)

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: (7387)

(a) Income received during administration to the persons entitled under Chapter 8 (commencing with Section 12000) of Part 10. (7388)

(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. (7389)

(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. (7390)

Article 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances (10530-10538) (7391)(1-click HTML)

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). (7392)

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). (7393)

(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. (7394)

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). (7395)

(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. (7396)

(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. (7397)

10533. (a) The personal representative has the power to do all of the following: (7398)

(1) Deposit money belonging to the estate in an insured account in a financial institution in this state. (7399)

(2) Invest money of the estate in any one or more of the following: (7400)

(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. (7401)

(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. (7402)

(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. (7403)

(D) Eligible securities for the investment of surplus state moneys as provided for in Section 16430 of the Government Code. (7404)

(3) Invest money of the estate in any manner provided by the will. (7405)

(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). (7406)

(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). (7407)

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. (7408)

(b) The personal representative has the power to continue operation of any of the following: (7409)

(1) An unincorporated business or venture in which the decedent was engaged at the time of the decedent's death. (7410)

(2) An unincorporated business or venture which was wholly or partly owned by the decedent at the time of the decedent's death. (7411)

(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). (7412)

(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. (7413)

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). (7414)

(b) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) for all of the following: (7415)

(1) Making the first payment of a family allowance. (7416)

(2) Making the first payment of a family allowance for a period commencing more than 12 months after the death of the decedent. (7417)

(3) Making any increase in the amount of the payment of a family allowance. (7418)

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). (7419)

(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. (7420)

(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. (7421)

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. (7422)

(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: (7423)

(1) A security sold on an established stock or bond exchange. (7424)

(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. (7425)

(3) Personal property referred to in Section 10202 or 10259 when sold for cash. (7426)

(4) A security described in Section 10200 surrendered for redemption or conversion. (7427)

10538. (a) The personal representative has the following powers: (7428)

(1) The power to grant an exclusive right to sell property for a period not to exceed 90 days. (7429)

(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. (7430)

(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). (7431)

(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. (7432)

Article 4. Powers Exercisable Without Giving Notice of Proposed Action (10550-10564) (7433)(1-click HTML)

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). (7434)

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. (7435)

10552. The personal representative has the power to do all of the following: (7436)

(a) Allow, pay, reject, or contest any claim by or against the estate. (7437)

(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. (7438)

(c) Release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible. (7439)

(d) Allow a claim to be filed after the expiration of the time for filing the claim. (7440)

10553. The personal representative has the power to do all of the following: (7441)

(a) Commence and maintain actions and proceedings for the benefit of the estate. (7442)

(b) Defend actions and proceedings against the decedent, the personal representative, or the estate. (7443)

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. (7444)

10555. The personal representative has the power to convey or transfer property in order to carry out the exercise of a specific power granted by this part. (7445)

10556. The personal representative has the power to pay all of the following: (7446)

(a) Taxes and assessments. (7447)

(b) Expenses incurred in the collection, care, and administration of the estate. (7448)

10557. The personal representative has the power to purchase an annuity from an insurer admitted to do business in this state to satisfy a devise of an annuity or other direction in the will for periodic payments to a devisee. (7449)

10558. The personal representative has the power to exercise an option right that is property of the estate. (7450)

10559. The personal representative has the power to purchase securities or commodities required to perform an incomplete contract of sale where the decedent died having sold but not delivered securities or commodities not owned by the decedent. (7451)

10560. The personal representative has the power to hold a security in the name of a nominee or in any other form without disclosure of the estate, so that title to the security may pass by delivery. (7452)

10561. The personal representative has the power to exercise security subscription or conversion rights. (7453)

10562. The personal representative has the power to make repairs and improvements to real and personal property of the estate. (7454)

10563. The personal representative has the power to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage or sale under the deed of trust. (7455)

10564. The personal representative has the power to give a partial satisfaction of a mortgage or to cause a partial reconveyance to be executed by a trustee under a deed of trust held by the estate. (7456)

CHAPTER 4. NOTICE OF PROPOSED ACTION PROCEDURE (10580-10592) (7457)(1-click HTML)

10580. (a) A personal representative who has been granted authority to administer the estate under this part shall give notice of proposed action as provided in this chapter prior to the taking of the proposed action without court supervision if the provision of Chapter 3 (commencing with Section 10500) giving the personal representative the power to take the action so requires. Nothing in this subdivision authorizes a personal representative to take an action under this part if the personal representative does not have the power to take the action under this part. (7458)

(b) A personal representative who has been granted authority to administer the estate under this part may give notice of proposed action as provided in this chapter even if the provision of Chapter 3 (commencing with Section 10500) giving the personal representative the power to take the action permits the personal representative to take the action without giving notice of proposed action. Nothing in this subdivision requires the personal representative to give notice of proposed action where not required under subdivision (a) or authorizes a personal representative to take any action that the personal representative is not otherwise authorized to take. (7459)

10581. Except as provided in Sections 10582 and 10583, notice of proposed action shall be given to all of the following: (7460)

(a) Each known devisee whose interest in the estate would be affected by the proposed action. (7461)

(b) Each known heir whose interest in the estate would be affected by the proposed action. (7462)

(c) Each person who has filed a request under Chapter 6 (commencing with Section 1250) of Part 2, of Division 3 for special notice of petitions filed in the administration proceeding. (7463)

(d) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the proposed action. (7464)

10582. Notice of proposed action need not be given to any person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken. (7465)

10583. (a) Notice of proposed action need not be given to any person who, in writing, waives the right to notice of proposed action with respect to the particular proposed action. The waiver may be executed at any time before or after the proposed action is taken. The waiver shall describe the particular proposed action and may waive particular aspects of the notice, such as the delivery, mailing, or time requirements of Section 10586, or the giving of the notice in its entirety for the particular proposed action. (7466)

(b) Notice of proposed action need not be given to any person who has executed the Statutory Waiver of Notice of Proposed Action Form prescribed by the Judicial Council and in that form has made either of the following: (7467)

(1) A general waiver of the right to notice of proposed action. (7468)

(2) A waiver of the right to notice of proposed action for all transactions of a type which includes the particular proposed action. (7469)

10584. (a) A waiver or consent may be revoked only in writing and is effective only when the writing is received by the personal representative. (7470)

(b) A copy of the revocation may be filed with the court, but the effectiveness of the revocation is not dependent upon a copy being filed with the court. (7471)

10585. (a) The notice of proposed action shall state all of the following: (7472)

(1) The name and mailing address of the personal representative. (7473)

(2) The person and telephone number to call to get additional information. (7474)

(3) The action proposed to be taken, with a reasonably specific description of the action. Where the proposed action involves the sale or exchange of real property, or the granting of an option to purchase real property, the notice of proposed action shall state the material terms of the transaction, including, if applicable, the sale price and the amount of, or method of calculating, any commission or compensation paid or to be paid to an agent or broker in connection with the transaction. (7475)

(4) The date on or after which the proposed action is to be taken. (7476)

(b) The notice of proposed action may be given using the most current Notice of Proposed Action form prescribed by the Judicial Council. (7477)

(c) If the most current form prescribed by the Judicial Council is not used to give notice of proposed action, the notice of proposed action shall satisfy all of the following requirements: (7478)

(1) The notice of proposed action shall be in substantially the same form as the form prescribed by the Judicial Council. (7479)

(2) The notice of proposed action shall contain the statements described in subdivision (a). (7480)

(3) The notice of proposed action shall contain a form for objecting to the proposed action in substantially the form set out in the Judicial Council form. (7481)

10586. The notice of proposed action shall be mailed or personally delivered to each person required to be given notice of proposed action not less than 15 days before the date specified in the notice of proposed action on or after which the proposed action is to be taken. If mailed, the notice of proposed action shall be addressed to the person at the person's last known address. Sections 1215 and 1216 apply to the mailing or delivery of the notice of proposed action. (7482)

10587. (a) Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section. (7483)

(b) The objection to the proposed action is made by delivering or mailing a written objection to the proposed action to the personal representative at the address stated in the notice of proposed action. The person objecting to the proposed action either may use the Judicial Council form or may make the objection in any other writing that identifies the proposed action with reasonable certainty and indicates that the person objects to the taking of the proposed action. (7484)

(c) The personal representative is deemed to have notice of the objection to the proposed action if it is delivered or received at the address stated in the notice of proposed action before whichever of the following times is the later: (7485)

(1) The date specified in the notice of proposed action on or after which the proposed action is to be taken. (7486)

(2) The date the proposed action is actually taken. (7487)

10588. (a) Any person who is entitled to notice of proposed action for a proposed action described in subdivision (a) of Section 10580, or any person who is given notice of a proposed action described in subdivision (b) of Section 10580, may apply to the court having jurisdiction over the proceeding for an order restraining the personal representative from taking the proposed action without court supervision. The court shall grant the requested order without requiring notice to the personal representative and without cause being shown for the order. (7488)

(b) The personal representative is deemed to have notice of the restraining order if it is served upon the personal representative in the same manner as is provided for in Section 415.10 or 415.30 of the Code of Civil Procedure, or in the manner authorized by the court, before whichever of the following times is the later: (7489)

(1) The date specified in a notice of proposed action on or after which the proposed action is to be taken. (7490)

(2) The date the proposed action is actually taken. (7491)

10589. (a) If the proposed action is one that would require court supervision if the personal representative had not been granted authority to administer the estate under this part and the personal representative has notice of a written objection made under Section 10587 to the proposed action or a restraining order issued under Section 10588, the personal representative shall, if the personal representative desires to take the proposed action, take the proposed action under the provisions of this code dealing with court supervision of that kind of action. (7492)

(b) If the proposed action is one that would not require court supervision even if the personal representative had not been granted authority to administer the estate under this part but the personal representative has given notice of the proposed action and has notice of a written objection made under Section 10587 to the proposed action or a restraining order issued under Section 10588, the personal representative shall, if he or she desires to take the proposed action, request instructions from the court concerning the proposed action. The personal representative may take the proposed action only under such order as may be entered by the court. (7493)

(c) A person who objects to a proposed action as provided in Section 10587 or serves a restraining order issued under Section 10588 in the manner provided in that section shall be given notice of any hearing on a petition for court authorization or confirmation of the proposed action. (7494)

10590. (a) Except as provided in subdivision (c), only a person described in Section 10581 has a right to have the court review the proposed action after it has been taken or otherwise to object to the proposed action after it has been taken. Except as provided in subdivisions (b) and (c), a person described in Section 10581 waives the right to have the court review the proposed action after it has been taken, or otherwise to object to the proposed action after it has been taken, if either of the following circumstances exists: (7495)

(1) The person has been given notice of a proposed action, as provided in Sections 10580 to 10586, inclusive, and fails to object as provided in subdivision (d). (7496)

(2) The person has waived notice of or consented to the proposed action as provided in Sections 10582 to 10584, inclusive. (7497)

(b) Unless the person has waived notice of or consented to the proposed action as provided in Sections 10582 to 10584, inclusive, the court may review the action taken upon motion of a person described in Section 10581 who establishes that he or she did not actually receive the notice of proposed action before the time to object under subdivision (d) expires. (7498)

(c) The court may review the action of the personal representative upon motion of an heir or devisee who establishes all of the following: (7499)

(1) At the time the notice was given, the heir or devisee lacked capacity to object to the proposed action or was a minor. (7500)

(2) No notice of proposed action was actually received by the guardian, conservator, or other legal representative of the heir or devisee. (7501)

(3) The guardian, conservator, or other legal representative did not waive notice of proposed action. (7502)

(4) The guardian, conservator, or other legal representative did not consent to the proposed action. (7503)

(d) For the purposes of this section, an objection to a proposed action is made only by one or both of the following methods: (7504)

(1) Delivering or mailing a written objection as provided in Section 10587 within the time specified in subdivision (c) of that section. (7505)

(2) Serving a restraining order obtained under Section 10588 in the manner prescribed and within the time specified in subdivision (b) of that section. (7506)

10591. (a) The failure of the personal representative to comply with subdivision (a) of Section 10580 and with Sections 10581, 10585, 10586, and 10589, and the taking of the action by the personal representative without such compliance, does not affect the validity of the action so taken or the title to any property conveyed or transferred to bona fide purchasers or the rights of third persons who, dealing in good faith with the personal representative, changed their position in reliance upon the action, conveyance, or transfer without actual notice of the failure of the personal representative to comply with those provisions. (7507)

(b) No person dealing with the personal representative has any duty to inquire or investigate whether or not the personal representative has complied with the provisions listed in subdivision (a). (7508)

10592. (a) In a case where notice of proposed action is required by this chapter, the court in its discretion may remove the personal representative from office unless the personal representative does one of the following: (7509)

(1) Gives notice of proposed action as provided in this chapter. (7510)

(2) Obtains a waiver of notice of proposed action as provided in this chapter. (7511)

(3) Obtains a consent to the proposed action as provided in this chapter. (7512)

(b) The court in its discretion may remove the personal representative from office if the personal representative takes a proposed action in violation of Section 10589. (7513)

  

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