PART 6. INDEPENDENT ADMINISTRATION OF ESTATES [10400. - 10592.]
Part 6 enacted by Stats. 1990, Ch. 79.
§§ 10400–10592 · 64 sections
CHAPTER 1. General Provisions §§ 10400–10406 · 7 sections
- § 10400 This part shall be known and may be cited as the Independent Administration of Estates Act.
- § 10401 As used in this part, “court supervision” means the judicial order, authorization, approval, confirmation, or instructions that would be required if authority…
- § 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.
- § 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…
- § 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…
- § 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,…
- § 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…
CHAPTER 2. Granting or Revoking Independent Administration Authority §§ 10450–10454 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 10454 (a) Any interested person may file a petition requesting that the court make either of the following orders: (1) An order revoking the authority of the…
CHAPTER 3. Administration Under Independent Administration Authority §§ 10500–10564 · 39 sections
ARTICLE 1. General Provisions §§ 10500–10503 · 4 sections
- § 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…
- § 10501 (a) Notwithstanding any other provision of this part, whether the personal representative has been granted full authority or limited authority, a personal…
- § 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…
- § 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…
ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action §§ 10510–10520 · 11 sections
- § 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…
- § 10511 The personal representative who has full authority has the power to sell or exchange real property of the estate.
- § 10512 The personal representative has the power to sell or incorporate any of the following: (a) An unincorporated business or venture in which the decedent was…
- § 10513 The personal representative has the power to abandon tangible personal property where the cost of collecting, maintaining, and safeguarding the property would…
- § 10514 (a) Subject to subdivision (b), the personal representative has the following powers: (1) The power to borrow. (2) The power to place, replace, renew, or…
- § 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…
- § 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…
- § 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…
- § 10518 The personal representative has the power to allow, compromise, or settle any of the following: (a) A third-party claim to real or personal property if the…
- § 10519 The personal representative has the power to make a disclaimer.
- § 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…
ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances §§ 10530–10538 · 9 sections
- § 10530 Except to the extent that this article otherwise provides, the personal representative may exercise the powers described in this article without giving notice…
- § 10531 (a) The personal representative has the power to manage and control property of the estate, including making allocations and determinations under the Uniform…
- § 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,…
- § 10533 (a) The personal representative has the power to do all of the following: (1) Deposit money belonging to the estate in an insured account in a financial…
- § 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…
- § 10535 (a) The personal representative has the power to pay a reasonable family allowance. Except as provided in subdivision (b), the personal representative may…
- § 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,…
- § 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…
- § 10538 (a) The personal representative has the following powers: (1) The power to grant an exclusive right to sell property for a period not to exceed 90 days. (2)…
ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action §§ 10550–10564 · 15 sections
- § 10550 The personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4 (commencing with Section…
- § 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…
- § 10552 The personal representative has the power to do all of the following: (a) Allow, pay, reject, or contest any claim by or against the estate. (b) Compromise or…
- § 10553 The personal representative has the power to do all of the following: (a) Commence and maintain actions and proceedings for the benefit of the estate. (b)…
- § 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…
- § 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.
- § 10556 The personal representative has the power to pay all of the following: (a) Taxes and assessments. (b) Expenses incurred in the collection, care, and…
- § 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…
- § 10558 The personal representative has the power to exercise an option right that is property of the estate.
- § 10559 The personal representative has the power to purchase securities or commodities required to perform an incomplete contract of sale where the decedent died…
- § 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…
- § 10561 The personal representative has the power to exercise security subscription or conversion rights.
- § 10562 The personal representative has the power to make repairs and improvements to real and personal property of the estate.
- § 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…
- § 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…
CHAPTER 4. Notice of Proposed Action Procedure §§ 10580–10592 · 13 sections
- § 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…
- § 10581 Except as provided in Sections 10582 and 10583, notice of proposed action shall be given to all of the following: (a) Each known devisee whose interest in the…
- § 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…
- § 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…
- § 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. (b) A copy of the…
- § 10585 (a) The notice of proposed action shall state all of the following: (1) The name, mailing address, and electronic address of the personal representative. (2)…
- § 10586 The notice of proposed action shall be delivered pursuant to Section 1215 to each person required to be given notice of proposed action not less than 15 days…
- § 10587 (a) Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section. (b) The objection to…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…