SECTIONS 10400-10406 - California Statutes

PROBATE CODE

SECTION 10400-10406

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 to administer the estate had not been
granted under this part.

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 the power to do any of the following:
(a) Sell real property.
(b) Exchange real property.
(c) Grant an option to purchase real property.
(d) Borrow money with the loan secured by an encumbrance upon real
property.

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 administered under this part.

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, the powers of a general
personal representative.

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 administration authority was granted under
prior law.
(b) If the personal representative was granted independent
administration authority prior to July 1, 1988, the personal
representative may use that existing authority on and after July 1,
1988, to borrow money on a loan secured by an encumbrance upon real
property, whether or not that existing authority includes the
authority to sell real property.