SECTIONS 10000-10006 - California Statutes

PROBATE CODE

SECTION 10000-10006

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 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.
(c) Where the property is directed by the will to be sold.
(d) Where authority is given in the will to sell the property.

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 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.

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 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.

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 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.
(c) Sell the property either at public auction or private sale.

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, 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.

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 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.

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 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.