CHAPTER 18. Sales [10000. - 10382.]
Chapter 18 enacted by Stats. 1990, Ch. 79.
§§ 10000–10382 · 74 sections
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…
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…
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.
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…
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…
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…
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…
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…
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…