PART 5. ESTATE MANAGEMENT [9600. - 10382.]

Part 5 enacted by Stats. 1990, Ch. 79.

§§ 9600–10382 · 183 sections

CHAPTER 1. General Provisions §§ 9600–9645 · 17 sections
1. ARTICLE 1. Duties and Liabilities of Personal Representative §§ 9600–9606 · 7 sections
  - § 9600 (a) The personal representative has the management and control of the estate and, in managing and controlling the estate, shall use ordinary care and…
  - § 9601 (a) If a personal representative breaches a fiduciary duty, the personal representative is chargeable with any of the following that is appropriate under the…
  - § 9602 (a) If the personal representative is liable for interest pursuant to Section 9601, the personal representative is liable for the greater of the following…
  - § 9603 The provisions of Sections 9601 and 9602 for liability of a personal representative for breach of a fiduciary duty do not prevent resort to any other remedy…
  - § 9604 No personal representative is chargeable upon a special promise to answer in damages for a liability of the decedent or to pay a debt of the decedent out of…
  - § 9605 Appointment of a person as personal representative does not discharge any claim the decedent has against the person.
  - § 9606 Unless otherwise provided in the instrument or in this division, a personal representative is not personally liable on an instrument, including but not limited…
2. ARTICLE 2. Court Supervision §§ 9610–9614 · 4 sections
  - § 9610 Unless this part specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this part…
  - § 9611 (a) In all cases where no other procedure is provided by statute, upon petition of the personal representative, the court may authorize and instruct the…
  - § 9613 (a) On petition of any interested person, and upon a showing that if the petition is not granted the estate will suffer great or irreparable injury, the court…
  - § 9614 (a) On petition of an interested person, the court may suspend the powers of the personal representative in whole or in part, for a time, as to specific…
3. ARTICLE 3. Summary Determination of Disputes §§ 9620–9621 · 2 sections
  - § 9620 If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may do either of the…
  - § 9621 If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may enter into an agreement in…
4. ARTICLE 4. Joint Personal Representatives §§ 9630–9631 · 2 sections
  - § 9630 (a) Subject to subdivisions (b), (c), and (d): (1) Where there are two personal representatives, both must concur to exercise a power. (2) Where there are more…
  - § 9631 (a) Except as provided in subdivision (b), where there is more than one personal representative, one personal representative is not liable for a breach of…
5. ARTICLE 5. Independent Administration § 9640 · 1 section
  - § 9640 Nothing in this part limits or restricts any authority granted to a personal representative under the Independent Administration of Estates Act (Part 6…
6. ARTICLE 6. Transitional Provision § 9645 · 1 section
  - § 9645 (a) Subject to subdivisions (b) and (c), any petition or other matter filed or commenced before July 1, 1988, shall be continued under this part, so far as…
CHAPTER 2. Estate Management Generally §§ 9650–9657 · 8 sections
- § 9650 (a) Except as provided by statute and subject to subdivision (c): (1) The personal representative has the right to, and shall take possession or control of,…
- § 9651 (a) A personal representative who in good faith takes into possession real or personal property, and reasonably believes that the property is part of the…
- § 9652 (a) Except as provided in subdivisions (b) and (c), the personal representative shall keep all cash in his or her possession invested in interest-bearing…
- § 9653 (a) On application of a creditor of the decedent or the estate, the personal representative shall commence and prosecute an action for the recovery of real or…
- § 9654 The heirs or devisees may themselves, or jointly with the personal representative, maintain an action for possession of property or to quiet title to property…
- § 9655 With respect to a share of stock of a domestic or foreign corporation held in the estate, a membership in a nonprofit corporation held in the estate, or other…
- § 9656 The personal representative may insure the property of the estate against damage or loss and may insure himself or herself against liability to third persons.
- § 9657 The personal representative shall not make profit by the increase, nor suffer loss by the decrease or destruction without his or her fault, of any part of the…
CHAPTER 3. Deposit of Money and Personal Property With Financial Institutions §§ 9700–9705 · 6 sections
- § 9700 The personal representative may deposit money of the estate in an insured account in a financial institution in this state. Unless otherwise provided by court…
- § 9701 The personal representative may deposit personal property of the estate with a trust company for safekeeping. Unless otherwise provided by court order, the…
- § 9702 (a) A trust company serving as personal representative may deposit securities that constitute all or part of the estate in a securities depository, as provided…
- § 9703 (a) Upon application of the personal representative, the court may, with or without notice, order that money or other personal property be deposited pursuant…
- § 9704 When an order for distribution of money or personal property deposited pursuant to this chapter is made, the financial institution, trust company, or…
- § 9705 (a) Subject to subdivision (b), where a trust company is a personal representative and in the exercise of reasonable judgment deposits money of the estate in…
CHAPTER 4. Investments and Purchase of Property §§ 9730–9737 · 8 sections
- § 9730 Pending distribution of the estate, the personal representative may invest money of the estate in possession of the personal representative in any one or more…
- § 9731 (a) Pending distribution of the estate, upon a showing that it is to the advantage of the estate, the court may order that money of the estate in possession of…
- § 9732 (a) The court may order that money of the estate in possession of the personal representative be invested in any manner provided by the will if all of the…
- § 9733 (a) Pending distribution of the estate or at the time the court makes an order for final distribution of the estate, on petition of the personal representative…
- § 9734 (a) If an asset of the estate consists of an option right, the personal representative may exercise the option after authorization by order of court upon a…
- § 9735 (a) After authorization by order of court, the personal representative may purchase securities or commodities required to perform an incomplete contract of…
- § 9736 The personal representative may hold a security in the name of a nominee or in any other form without disclosure of the estate so that title to the security…
- § 9737 (a) If an estate by reason of owning securities also owns or receives subscription rights for the purchase of additional securities, the personal…
CHAPTER 5. Operation of Decedent’s Business §§ 9760–9765 · 6 sections
- § 9760 (a) As used in this section, “decedent’s business” means an unincorporated business or venture in which the decedent was engaged or which was wholly or partly…
- § 9761 If a partnership existed between the decedent and another person at the time of the decedent’s death, on application of the personal representative, the court…
- § 9762 (a) After authorization by order of court upon a showing that it would be to the advantage of the estate and in the best interest of the interested persons,…
- § 9763 (a) If the decedent was a general partner, the personal representative may commence and maintain any action against the surviving partner that the decedent…
- § 9764 (a) The personal representative of the estate of a deceased attorney who was engaged in a practice of law at the time of his or her death or other person…
- § 9765 (a) Commencing January 1, 2024, when a professional fiduciary is deceased and a vacancy exists, the deceased fiduciary’s personal representative, trustee, or…
CHAPTER 6. Abandonment of Tangible Personal Property §§ 9780–9788 · 9 sections
- § 9780 Unless the property is specifically devised, subject to the requirements of this chapter, the personal representative may dispose of or abandon tangible…
- § 9781 Unless otherwise provided in the will, subject to the requirements of this chapter, the personal representative may exercise the power provided in Section 9780…
- § 9782 (a) Except as provided in Section 9785, before disposing of or abandoning property under Section 9780, the personal representative shall give notice of the…
- § 9783 A person described in Section 9782 may personally deliver or mail a written objection to the disposition or abandonment to the personal representative on or…
- § 9784 (a) A person described in Section 9782 who objects to the disposition or abandonment of property by the personal representative under Section 9780 may apply to…
- § 9785 Notice of the proposed disposition or abandonment need not be given to any of the following: (a) A person who consents in writing to the proposed disposition…
- § 9786 A person who objects to the disposition or abandonment as provided in Section 9783, or who serves a restraining order issued under Section 9784 in the manner…
- § 9787 (a) Except as provided in subdivision (b), a person described in Section 9782 who receives notice of the proposed disposition or abandonment as provided in…
- § 9788 (a) Notwithstanding Sections 9783 and 9784, the personal representative may abandon or dispose of the property without court authorization if the person who…
CHAPTER 7. Borrowing, Refinancing, and Encumbering Property §§ 9800–9807 · 8 sections
- § 9800 (a) Subject to subdivision (c), after authorization by order of court obtained under this chapter upon a showing that it would be to the advantage of the…
- § 9801 If property of the estate consists of an undivided interest in real or personal property, or any other interest therein less than the entire ownership, upon a…
- § 9802 (a) The personal representative or any interested person may file a petition for an order under this chapter. (b) The petition shall state the purpose for…
- § 9803 Notice of the hearing on the petition shall be given as provided in Section 1220.
- § 9804 (a) Subject to subdivision (c), if the court is satisfied that it will be to the advantage of the estate, the court shall make an order that authorizes or…
- § 9805 (a) The personal representative shall execute and deliver the mortgage or deed of trust, or execute and deliver the instrument creating the security interest,…
- § 9806 (a) Every mortgage, deed of trust, or security interest made pursuant to a court order obtained under this chapter is effectual to mortgage, or to subject to…
- § 9807 (a) Except as provided in subdivision (b), no judgment or claim for any deficiency shall be had or allowed against the personal representative or the estate if…
CHAPTER 8. Actions and Proceedings by or Against Personal Representative §§ 9820–9823 · 3 sections
- § 9820 The personal representative may: (a) Commence and maintain actions and proceedings for the benefit of the estate. (b) Defend actions and proceedings against…
- § 9822 The personal representative may bring an action on the bond of any former personal representative of the same estate, for the use and benefit of all interested…
- § 9823 (a) If the decedent leaves an undivided interest in any property, an action for partition of the property may be brought against the personal representative.…
CHAPTER 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations §§ 9830–9839 · 10 sections
- § 9830 (a) Unless this chapter or some other applicable statute requires court authorization or approval, if it is to the advantage of the estate, the personal…
- § 9831 Unless the time for filing creditor claims has expired, authorization by order of court is required for a compromise or settlement of a claim, action, or…
- § 9832 (a) Except as provided in subdivision (b), authorization by order of court is required for a compromise, settlement, extension, renewal, or modification which…
- § 9833 Authorization by order of court is required for a compromise or settlement of a matter when the transaction requires the transfer or encumbrance of property of…
- § 9834 Authorization by order of court is required for any of the following: (a) A compromise or settlement of a claim by the estate against the personal…
- § 9835 Authorization by order of court is required for the compromise or settlement of a claim or right of action given to the personal representative by any law for…
- § 9836 The court authorization required by this chapter shall be obtained from the court in which the estate is being administered.
- § 9837 (a) A petition for an order authorizing a compromise, settlement, extension, renewal, or modification under this chapter may be filed by any of the following:…
- § 9838 (a) If an order made under Section 9837 authorizes a compromise or settlement that requires the transfer of real property of the estate, the personal…
- § 9839 If the personal representative pays a claim for less than its full amount, the personal representative’s accounts may be credited only for the amount actually…
CHAPTER 10. Acceptance of Deed in Lieu of Foreclosure or Trustee’s Sale; Grant of Partial Satisfaction or Partial Reconveyance §§ 9850–9851 · 2 sections
- § 9850 (a) If it is to the advantage of the estate to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage…
- § 9851 (a) Except as provided in subdivision (c), if it is to the advantage of the estate for the personal representative to give a partial satisfaction of a mortgage…
CHAPTER 12. Purchase of Claims or Estate Property by Personal Representative or Personal Representative’s Attorney §§ 9880–9885 · 6 sections
- § 9880 Except as provided in this chapter, neither the personal representative nor the personal representative’s attorney may do any of the following: (a) Purchase…
- § 9881 Upon a petition filed under Section 9883, the court may make an order under this section authorizing the personal representative or the personal…
- § 9882 Upon a petition filed under Section 9883, the court may make an order under this section authorizing the personal representative or the personal…
- § 9883 (a) The personal representative may file a petition requesting that the court make an order under Section 9881 or 9882. The petition shall set forth the facts…
- § 9884 This chapter does not prohibit the purchase of property of the estate by the personal representative or the personal representative’s attorney pursuant to a…
- § 9885 This chapter does not prevent the exercise by the personal representative or the personal representative’s attorney of an option to purchase property of the…
CHAPTER 13. Dedication or Conveyance to Governmental Entity; Easements and Access Rights §§ 9900–9901 · 2 sections
- § 9900 If it is to the advantage of the estate and in the best interest of the interested persons, the personal representative, after authorization by order of the…
- § 9901 (a) The personal representative or any interested person may file a petition for an order under this chapter. (b) Notice of the hearing on the petition shall…
CHAPTER 14. Exchange of Property §§ 9920–9923 · 4 sections
- § 9920 If it is to the advantage of the estate to exchange property of the estate for other property, the personal representative may, after authorization by order of…
- § 9921 To obtain an order under this chapter, the personal representative or any interested person shall file a petition containing all of the following: (a) A…
- § 9922 (a) Except as provided in subdivision (b), notice of the hearing on the petition shall be given as provided in Section 1220. (b) If the petition is for…
- § 9923 No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the exchange made pursuant to an order…
CHAPTER 15. Leases §§ 9940–9948 · 9 sections
- § 9940 For the purpose of this chapter: (a) “Lease” includes, without limitation, a lease that includes an option to purchase real propery of the estate. (b) If a…
- § 9941 If it is to the advantage of the estate, the personal representative may lease, as lessor, real property of the estate without authorization of the court in…
- § 9942 (a) The personal representative may lease, as lessor, real property of the estate after authorization by order of court obtained under this chapter upon a…
- § 9943 (a) To obtain an order under this chapter, the personal representative or any interested person shall file a petition containing all of the following: (1) A…
- § 9944 (a) Notice of the hearing on the petition shall be given as provided in Section 1220 and posted as provided in Section 1230. (b) Notice of the hearing on the…
- § 9945 (a) At the hearing, the court shall entertain and consider any other offer made in good faith at the hearing to lease the same property on more favorable…
- § 9946 (a) Subject to Section 9947, an order authorizing the execution of a lease shall set forth the minimum rental or royalty or both and the period of the lease.…
- § 9947 (a) Except as provided in this section, the term of the lease shall be for such period as the court may authorize. (b) Except as provided in subdivision (c),…
- § 9948 (a) The personal representative shall execute, acknowledge, and deliver the lease as directed, setting forth therein that it is made by authority of the order,…
CHAPTER 16. Granting Option to Purchase Real Property §§ 9960–9966 · 7 sections
- § 9960 After authorization by order of court obtained under this chapter, the personal representative may grant an option to purchase real property of the estate for…
- § 9961 To obtain an order under this chapter, the personal representative shall file a petition containing all of the following: (a) A description of the real…
- § 9962 The purchase price of the real property subject to the option shall be at least 90 percent of the appraised value of the real property. The appraisal shall be…
- § 9963 Notice of the hearing on the petition shall be posted as provided in Section 1230 and given as provided in Section 1220 to all of the following persons: (a)…
- § 9964 (a) The court shall make an order authorizing the personal representative to grant the option upon the terms and conditions stated in the order if the court is…
- § 9965 An option granted pursuant to an order made under this chapter, whether within or beyond the administration of the estate, is subject to Chapter 4 (commencing…
- § 9966 No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the granting of an option pursuant to…
CHAPTER 17. Option to Purchase Given in Will §§ 9980–9983 · 4 sections
- § 9980 (a) Where an option to purchase real or personal property is given in a will, the person given the option has the right to exercise the option at any time…
- § 9981 (a) Where an option to purchase real or personal property is given in a will admitted to probate, the court may make an order under this chapter directing the…
- § 9982 The court shall not make an order under this chapter unless one of the following requirements is satisfied: (a) The court determines that the rights of…
- § 9983 No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the transfer or conveyance made…
CHAPTER 18. Sales §§ 10000–10382 · 74 sections
1. ARTICLE 1. General Provisions §§ 10000–10006 · 7 sections
  - § 10000 Subject to the limitations, conditions, and requirements of this chapter, the personal representative may sell real or personal property of the estate in any…
  - § 10001 (a) If the personal representative neglects or refuses to sell the property, any interested person may petition the court for an order requiring the personal…
  - § 10002 (a) Subject to subdivision (b), if directions are given in the will as to the mode of selling or the particular property to be sold, the personal…
  - § 10003 Subject to Part 4 (commencing with Section 21400) of Division 11 and to Sections 10001 and 10002, if estate property is required or permitted to be sold, the…
  - § 10004 (a) Where the personal representative determines in his or her discretion that, by use or relationship, any assets of the estate, whether real or personal,…
  - § 10005 (a) If any property in the estate is sold for more than the appraised value, the personal representative shall account for the proceeds of sale, including the…
  - § 10006 If property in the estate is to be sold as an undivided interest in a cotenancy, the other cotenants may file in the estate proceeding written consent to have…
2. ARTICLE 2. Contract With Agent, Broker, or Auctioneer §§ 10150–10151 · 2 sections
  - § 10150 (a) The personal representative may enter into a written contract with either or both of the following: (1) A licensed real estate broker to secure a purchaser…
  - § 10151 (a) The personal representative may enter into a written contract with any of the following: (1) Where the public auction sale will be held in this state, an…
3. ARTICLE 3. Compensation of Agent, Broker, or Auctioneer §§ 10160–10168 · 14 sections
  - § 10160 The estate is not liable to an agent, broker, or auctioneer under a contract for the sale of property or for any fee, commission, or other compensation or…
  - § 10160.5 The estate is not liable to an agent or broker under a contract for the sale of property or for any fee, commission, or other compensation or expenses in…
  - § 10161 (a) Subject to the provisions of this article, whether or not the agent or broker has a contract with the personal representative, the fee, commission, or…
  - § 10162 (a) Subject to subdivision (b), where the bid returned to the court for confirmation is made by a person who is not represented by an agent or broker and the…
  - § 10162.3 (a) This section applies if all of the following circumstances exist: (1) There is no agent or broker holding a contract under Section 10150 granting the…
  - § 10162.5 Subject to Section 10162.6, where an agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property, the court shall…
  - § 10162.6 (a) This section applies if both of the following circumstances exist: (1) An agent or broker holds a contract under Section 10150 granting the exclusive right…
  - § 10162.7 (a) Subject to Section 10162.6, this section applies if all of the following circumstances exist: (1) There is an agent or broker holding a contract under…
  - § 10163 Subject to Sections 10162 and 10162.6, where the original bid returned to the court for confirmation was made by a purchaser who was not procured by an agent…
  - § 10164 (a) This section applies only where the court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a…
  - § 10165 (a) Subject to Section 10162.6, where the court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a…
  - § 10166 Notwithstanding that a bid contains a condition that a certain amount of the bid shall be paid to an agent or broker by the personal representative, only such…
  - § 10167 (a) Subject to subdivision (b), whether or not the auctioneer has a contract with the personal representative, the fees, compensation, and expenses of an…
  - § 10168 This article does not supersede any agreement cooperating agents or brokers may have among themselves to divide the compensation payable under this article.
4. ARTICLE 4. Special Provisions Applicable to Particular Types of Property §§ 10200–10207 · 8 sections
  - § 10200 (a) As used in this section, “securities” means “security” as defined in Section 70, land trust certificates, certificates of beneficial interest in trusts,…
  - § 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…
  - § 10202 Notwithstanding Section 10200, if an estate by reason of owning securities, also owns or receives subscription rights for the purchase of additional…
  - § 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…
  - § 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…
  - § 10205 A chose in action belonging to the estate may be sold in the same manner as other personal property.
  - § 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…
  - § 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…
5. ARTICLE 5. Sale of Personal Property §§ 10250–10264 · 15 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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.…
  - § 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…
  - § 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…
  - § 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.
  - § 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…
  - § 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…
  - § 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,…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
6. ARTICLE 6. Sale of Real Property §§ 10300–10316 · 17 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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.…
  - § 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,…
  - § 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…
  - § 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.
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
7. ARTICLE 7. Vacating Sale for Purchaser’s Default; Liability of Defaulting Purchaser for Damages §§ 10350–10351 · 2 sections
  - § 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…
  - § 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…
8. ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder §§ 10360–10363 · 6 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
9. ARTICLE 9. Damages and Recovery of Property §§ 10380–10382 · 3 sections
  - § 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…
  - § 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…
  - § 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…