General Provisions - Sales - Probate - CA

Section § 10000

This law allows a personal representative to sell the estate's real or personal property under certain conditions. They can sell it if needed to pay off debts, taxes, or administration costs, or if it benefits those involved in the estate. Additionally, a sale is allowed if the will specifically directs it or provides the authority to do so.

Subject to the limitations, conditions, and requirements of this chapter, the personal representative may sell real or personal property of the estate in any of the following cases:

(a) Where the sale is necessary to pay debts, devises, family allowance, expenses of administration, or taxes.

(b) Where the sale is to the advantage of the estate and in the best interest of the interested persons.

(d) Where authority is given in the will to sell the property.

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Section § 10001

If the person managing a deceased person's estate doesn't sell property when needed, anyone involved with the estate can ask the court to make them sell it. This can happen if selling is needed to pay debts, provide family allowance, cover administration costs or taxes, if it benefits the estate, or if the will requires it.

Notice must be given about the court hearing, following specified rules, and the person managing the estate must get a notice at least five days before the hearing.

(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 representative to sell real or personal property of the estate in any of the following cases:

(1) Where the sale is necessary to pay debts, devises, family allowance, expenses of administration, or taxes.

(2) Where the sale is to the advantage of the estate and in the best interest of the interested persons.

(3) Where the property is directed by the will to be sold.

(b) Notice of the hearing on the petition shall be given as provided in Section 1220.

(c) Notice of the hearing on the petition also shall be given to the personal representative by citation served at least five days before the hearing.

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Section § 10002

This law explains what happens when a will specifies how or what property should be sold. Normally, the personal representative must follow these instructions. However, if a court thinks it's better for the estate or those involved, it can allow the representative to act differently. In such cases, the court will detail how the sale should proceed. Anyone interested can ask the court to change the sale plans, but they need to inform others about the hearing.

(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 representative shall comply with those directions.

(b) If the court determines that it would be to the advantage of the estate and in the best interest of the interested persons, the court may make an order relieving the personal representative of the duty to comply with the directions in the will. The order shall specify the mode and the terms and conditions of selling or the particular property to be sold, or both. The personal representative or any interested person may file a petition for an order under this subdivision. Notice of the hearing on the petition shall be given as provided in Section 1220.

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Section § 10003

This law gives the personal representative of an estate the flexibility to decide how to handle the sale of estate property. They can choose which property to sell first, decide whether to sell the whole or just a part of the estate's interest in the property, and conduct the sale either publicly or privately.

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 personal representative may:

(a) Use discretion as to which property to sell first.

(b) Sell the entire interest of the estate in the property or any lesser interest therein.

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Section § 10004

This law allows a personal representative managing an estate to sell certain assets as a single group if they make more sense as a unit, like if they are commonly used together or connected in some way. They need court approval to ensure this is beneficial for the estate. The sale price for these assets must be at least 90% of their appraised value, whether appraised individually or as a group. If real estate is involved, the sale follows real estate sale rules and restrictions; if it’s personal property, then it follows personal property sale rules.

(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, constitute a unit for purposes of sale, the personal representative may cause the property to be appraised as a unit.

(b) Whether or not the property is appraised as a unit, the personal representative may sell all the assets described in subdivision (a) as a unit and under one bid if the court finds the sale of the assets as a unit to be to the advantage of the estate.

(c) No private sale of the assets as a unit may be made for less than 90 percent of the sum of the appraised values of the personal property and the sum of the appraised values of the real property, appraised separately, or for less than 90 percent of the appraised value if appraised as a unit.

(d) If the assets to be sold as a unit include any real property, the sale shall be made in the manner provided for the sale of real property, and the bid and sale are subject to the limitations and restrictions established for the sale of real property. If the assets to be sold as a unit are entirely personal property, the property shall be sold in the manner provided for the sale of personal property.

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Section § 10005

When someone in charge of managing an estate sells a property for more than its appraised value, they need to report the total money made, including any extra profit. But if they sell it for less than the appraised value while following legal rules, they don't have to cover any loss that comes from that sale.

(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 excess over the appraised value.

(b) If any property in the estate is sold for less than the appraised value and the sale has been made in accordance with law, the personal representative is not responsible for the loss.

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Section § 10006

This law allows other co-owners of an estate property to agree to sell their shares along with the estate's share in a sale. If they agree in writing during the estate process, the court's decisions about the sale apply to them just like they do to the person managing the estate.

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 their interests sold pursuant to this chapter. Thereafter, the court’s orders made pursuant to this chapter are as binding on the consenting cotenants as on the personal representative.

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