SECTIONS 10380-10382 - California Statutes

PROBATE CODE

SECTION 10380-10382

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 personal representative in the
proceedings in relation to a sale.

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 contrary to or otherwise than
under the provisions of this chapter, the person having an estate of
inheritance in the real property may recover from the personal
representative, as liquidated damages, an amount equal to double the
fair market value of the real property sold on the date of sale.

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 claiming under the decedent
unless the action is commenced within whichever of the following is
the later time:
(1) Three years after the settlement of the final account of the
personal representative.
(2) Three years after the discovery of any fraud upon which the
action is based.
(b) The limitation established by subdivision (a) is not tolled
for any reason.