Section § 9940

Explanation

This law clarifies what is meant by a 'lease' in this section. It includes any lease that comes with the option to buy the property later. Also, if a lease allows the tenant to extend their stay, it's treated as if they've already decided to stay for the longer term.

For the purpose of this chapter:
(a)CA Probate Code § 9940(a) “Lease” includes, without limitation, a lease that includes an option to purchase real propery of the estate.
(b)CA Probate Code § 9940(b) If a lease gives the lessee the right to extend the term of the lease, the length of the term shall be considered as though the right to extend had been exercised.

Section § 9941

Explanation

This law allows a personal representative managing an estate to lease out real estate without needing court approval under certain conditions. They can do this if the monthly rent is $5,000 or less and the lease lasts no more than a year. Alternatively, they can lease on a month-to-month basis, no matter the rent amount.

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 either of the following cases:
(a)CA Probate Code § 9941(a) Where the rental does not exceed five thousand dollars ($5,000) a month and the term does not exceed one year.
(b)CA Probate Code § 9941(b) Where the lease is from month to month, regardless of the amount of the rental.

Section § 9942

Explanation

This law allows a personal representative, like an executor or administrator of an estate, to lease out estate property if the court agrees it's beneficial.

If the lease includes an option for the tenant to buy the property, there are specific procedures to file and get court approval before proceeding with the lease.

(a)CA Probate Code § 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 showing that the proposed lease is to the advantage of the estate.
(b)CA Probate Code § 9942(b) If the proposed lease includes an option to purchase real property of the estate, a petition for an order authorizing the lease shall be filed under this chapter but the applicable provisions for court approval both in this chapter and in Chapter 16 (commencing with Section 9960) apply to the execution of the lease.

Section § 9943

Explanation

If someone wants to get court approval to lease out property that's part of an estate, they need to file a petition. This petition must describe the property, the lease terms, and how the lease benefits the estate. If the lease term is longer than 10 years, they must explain why a longer lease is necessary and why it's a good idea for the estate and those with an interest in it.

(a)CA Probate Code § 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)CA Probate Code § 9943(a)(1) A general description of the real property proposed to be leased.
(2)CA Probate Code § 9943(a)(2) The term, rental, and general conditions of the proposed lease.
(3)CA Probate Code § 9943(a)(3) A showing that the proposed lease is to the advantage of the estate.
(b)CA Probate Code § 9943(b) If the lease is proposed to be for a term longer than 10 years, the petition shall also state facts showing the need for the longer lease and its advantage to the estate and its benefit to the interested persons.

Section § 9944

Explanation

This section outlines the requirements for notifying concerned parties about a hearing on a petition related to leasing or selling property from an estate.

Notices must be given as per certain sections, except if the will specifically allows the personal representative to lease or sell the property without a hearing. If the lease term is over 10 years, additional notices must be sent to heirs and devisees whose interests might be affected.

(a)CA Probate Code § 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)CA Probate Code § 9944(b) Notice of the hearing on the petition also shall be given as provided in Section 10300, but this notice is not required if the will authorizes or directs the personal representative to lease or sell property.
(c)CA Probate Code § 9944(c) If the lease is proposed to be for a term longer than 10 years, in addition to the notice required by subdivision (a), notice of the hearing shall be given as provided in Section 1220 to all of the following persons:
(1)CA Probate Code § 9944(c)(1) Each known heir whose interest in the estate would be affected by the proposed lease.
(2)CA Probate Code § 9944(c)(2) Each known devisee whose interest in the estate would be affected by the proposed lease.

Section § 9945

Explanation

This law section explains that during a court hearing about leasing property, the court will review any new lease offers that are made in good faith and may be more favorable. If the court believes accepting a new offer benefits the estate, and if the lease exceeds ten years, benefits the interested persons, they can authorize the lease to proceed according to these terms. However, the court won't approve a lease with a new lessee unless the personal representative agrees to the new offer.

(a)CA Probate Code § 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 terms.
(b)CA Probate Code § 9945(b) If the court is satisfied that it will be to the advantage of the estate, and, if the lease is for more than 10 years, that it is to the benefit of interested persons, the court shall make an order authorizing the personal representative to make the lease to the person on the terms and conditions stated in the order. The court shall not make an order authorizing the personal representative to make the lease to any person other than the lessee named in the petition unless the offer made at the hearing is acceptable to the personal representative.

Section § 9946

Explanation

This law section states that when a court order is made to allow a lease, it must specify the minimum rent or royalty and the lease duration. The order might also allow other terms for leases specifically related to exploring, producing, or removing minerals, oil, gas, or geothermal energy. These terms can include payment through a depositary, appointing a common agent for lessor interests, paying compensatory royalties instead of rents or operations, enabling lessees to make agreements on land use, and options for oil community leases or pooling resources. If the lease involves land owned by different people, the order can specify how rental and royalty amounts are divided fairly among the owners.

(a)CA Probate Code § 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.
(b)CA Probate Code § 9946(b) The order may authorize other terms and conditions of the lease, including, with respect to a lease for the purpose of exploration for or production or removal of minerals, oil, gas, or other hydrocarbon substances, or geothermal energy, any one or more of the following provisions:
(1)CA Probate Code § 9946(b)(1) A provision for the payment of rental and royalty to a depositary.
(2)CA Probate Code § 9946(b)(2) A provision for the appointment of a common agent to represent the interests of all the lessors.
(3)CA Probate Code § 9946(b)(3) A provision for the payment of a compensatory royalty in lieu of rental and in lieu of drilling and producing operations on the land covered by the lease.
(4)CA Probate Code § 9946(b)(4) A provision empowering the lessee to enter into any agreement authorized by Section 3301 of the Public Resources Code with respect to the land covered by the lease.
(5)CA Probate Code § 9946(b)(5) A provision for a community oil lease or a pooling or unitization by the lessee.
(c)CA Probate Code § 9946(c) If the lease covers additional property owned by other persons or an undivided or other interest of the decedent less than the entire ownership in the property, the order may authorize the lease to provide for division of rental and royalty in the proportion that the land or interest of each owner bears to the total area of the land or total interests covered by the lease.

Section § 9947

Explanation

This law discusses rules about leasing property when dealing with court supervision. Generally, the court decides how long a property lease can last. If someone set to inherit the property objects, the lease can't extend beyond 10 years unless the lease is for extracting resources like minerals or oil. In such cases, the lease can last longer as long as resources are actively being extracted, royalties are paid, or the property is involved in special agreements allowing continued resource extraction.

(a)CA Probate Code § 9947(a) Except as provided in this section, the term of the lease shall be for such period as the court may authorize.
(b)CA Probate Code § 9947(b) Except as provided in subdivision (c), the court shall not authorize a lease for longer than 10 years if any heir or devisee who has an interest in the property to be leased objects at the hearing.
(c)CA Probate Code § 9947(c) If the lease is for the purpose of exploration for or production or removal of minerals, oil, gas, or other hydrocarbon substances, or geothermal energy, the court may authorize that the lease be for a fixed period and any of the following:
(1)CA Probate Code § 9947(c)(1) So long thereafter as minerals, oil, gas, or other hydrocarbon substances or geothermal energy are produced in paying quantities from the property leased or mining or drilling operations are conducted thereon.
(2)CA Probate Code § 9947(c)(2) If the lease provides for the payment of a compensatory royalty, so long thereafter as such compensatory royalty is paid.
(3)CA Probate Code § 9947(c)(3) If the land covered by the lease is included in an agreement authorized by Section 3301 of the Public Resources Code, so long thereafter as oil, gas, or other hydrocarbon substances are produced in paying quantities from any of the lands included in any such agreement or drilling operations are conducted thereon.

Section § 9948

Explanation

This law outlines the process and validity for a personal representative to lease property as part of managing a deceased person's estate.

The representative must follow a court order, which includes setting terms like rent and duration in the lease, and note that the lease is court-authorized.

The court's jurisdiction ensures the lease is legally effective for the benefit of the tenant and future successors. Even if there are mistakes during the proceedings, the lease remains valid and enforceable.

(a)CA Probate Code § 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, giving the date of the order.
(b)CA Probate Code § 9948(b) A lease made pursuant to an order obtained under this chapter is effectual to lease the premises described in the order at the rent, for the term, and upon the terms and conditions prescribed in the order.
(c)CA Probate Code § 9948(c) Jurisdiction of the court in proceedings under this code concerning the administration of the estate of the decedent vests the court with jurisdiction to make the order for the lease. This jurisdiction shall conclusively inure to the benefit of the lessee and the lessee’s heirs and assigns.
(d)CA Probate Code § 9948(d) No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the lease made pursuant to an order made under this chapter.