SECTIONS 10580-10592 - California Statutes

PROBATE CODE

SECTION 10580-10592

10580. (a) A personal representative who has been granted authority
to administer the estate under this part shall give notice of
proposed action as provided in this chapter prior to the taking of
the proposed action without court supervision if the provision of
Chapter 3 (commencing with Section 10500) giving the personal
representative the power to take the action so requires. Nothing in
this subdivision authorizes a personal representative to take an
action under this part if the personal representative does not have
the power to take the action under this part.
(b) A personal representative who has been granted authority to
administer the estate under this part may give notice of proposed
action as provided in this chapter even if the provision of Chapter 3
(commencing with Section 10500) giving the personal representative
the power to take the action permits the personal representative to
take the action without giving notice of proposed action. Nothing in
this subdivision requires the personal representative to give notice
of proposed action where not required under subdivision (a) or
authorizes a personal representative to take any action that the
personal representative is not otherwise authorized to take.

10581. Except as provided in Sections 10582 and 10583, notice of
proposed action shall be given to all of the following:
(a) Each known devisee whose interest in the estate would be
affected by the proposed action.
(b) Each known heir whose interest in the estate would be affected
by the proposed action.
(c) Each person who has filed a request under Chapter 6
(commencing with Section 1250) of Part 2, of Division 3 for special
notice of petitions filed in the administration proceeding.
(d) The Attorney General, at the office of the Attorney General in
Sacramento, if any portion of the estate is to escheat to the state
and its interest in the estate would be affected by the proposed
action.

10582. Notice of proposed action need not be given to any person
who consents in writing to the proposed action. The consent may be
executed at any time before or after the proposed action is taken.

10583. (a) Notice of proposed action need not be given to any
person who, in writing, waives the right to notice of proposed action
with respect to the particular proposed action. The waiver may be
executed at any time before or after the proposed action is taken.
The waiver shall describe the particular proposed action and may
waive particular aspects of the notice, such as the delivery,
mailing, or time requirements of Section 10586, or the giving of the
notice in its entirety for the particular proposed action.
(b) Notice of proposed action need not be given to any person who
has executed the Statutory Waiver of Notice of Proposed Action Form
prescribed by the Judicial Council and in that form has made either
of the following:
(1) A general waiver of the right to notice of proposed action.
(2) A waiver of the right to notice of proposed action for all
transactions of a type which includes the particular proposed action.

10584. (a) A waiver or consent may be revoked only in writing and
is effective only when the writing is received by the personal
representative.
(b) A copy of the revocation may be filed with the court, but the
effectiveness of the revocation is not dependent upon a copy being
filed with the court.

10585. (a) The notice of proposed action shall state all of the
following:
(1) The name and mailing address of the personal representative.
(2) The person and telephone number to call to get additional
information.
(3) The action proposed to be taken, with a reasonably specific
description of the action. Where the proposed action involves the
sale or exchange of real property, or the granting of an option to
purchase real property, the notice of proposed action shall state the
material terms of the transaction, including, if applicable, the
sale price and the amount of, or method of calculating, any
commission or compensation paid or to be paid to an agent or broker
in connection with the transaction.
(4) The date on or after which the proposed action is to be taken.
(b) The notice of proposed action may be given using the most
current Notice of Proposed Action form prescribed by the Judicial
Council.
(c) If the most current form prescribed by the Judicial Council is
not used to give notice of proposed action, the notice of proposed
action shall satisfy all of the following requirements:
(1) The notice of proposed action shall be in substantially the
same form as the form prescribed by the Judicial Council.
(2) The notice of proposed action shall contain the statements
described in subdivision (a).
(3) The notice of proposed action shall contain a form for
objecting to the proposed action in substantially the form set out in
the Judicial Council form.

10586. The notice of proposed action shall be mailed or personally
delivered to each person required to be given notice of proposed
action not less than 15 days before the date specified in the notice
of proposed action on or after which the proposed action is to be
taken. If mailed, the notice of proposed action shall be addressed to
the person at the person's last known address. Sections 1215 and
1216 apply to the mailing or delivery of the notice of proposed
action.

10587. (a) Any person entitled to notice of proposed action under
Section 10581 may object to the proposed action as provided in this
section.
(b) The objection to the proposed action is made by delivering or
mailing a written objection to the proposed action to the personal
representative at the address stated in the notice of proposed
action. The person objecting to the proposed action either may use
the Judicial Council form or may make the objection in any other
writing that identifies the proposed action with reasonable certainty
and indicates that the person objects to the taking of the proposed
action.
(c) The personal representative is deemed to have notice of the
objection to the proposed action if it is delivered or received at
the address stated in the notice of proposed action before whichever
of the following times is the later:
(1) The date specified in the notice of proposed action on or
after which the proposed action is to be taken.
(2) The date the proposed action is actually taken.

10588. (a) Any person who is entitled to notice of proposed action
for a proposed action described in subdivision (a) of Section 10580,
or any person who is given notice of a proposed action described in
subdivision (b) of Section 10580, may apply to the court having
jurisdiction over the proceeding for an order restraining the
personal representative from taking the proposed action without court
supervision. The court shall grant the requested order without
requiring notice to the personal representative and without cause
being shown for the order.
(b) The personal representative is deemed to have notice of the
restraining order if it is served upon the personal representative in
the same manner as is provided for in Section 415.10 or 415.30 of
the Code of Civil Procedure, or in the manner authorized by the
court, before whichever of the following times is the later:
(1) The date specified in a notice of proposed action on or after
which the proposed action is to be taken.
(2) The date the proposed action is actually taken.

10589. (a) If the proposed action is one that would require court
supervision if the personal representative had not been granted
authority to administer the estate under this part and the personal
representative has notice of a written objection made under Section
10587 to the proposed action or a restraining order issued under
Section 10588, the personal representative shall, if the personal
representative desires to take the proposed action, take the proposed
action under the provisions of this code dealing with court
supervision of that kind of action.
(b) If the proposed action is one that would not require court
supervision even if the personal representative had not been granted
authority to administer the estate under this part but the personal
representative has given notice of the proposed action and has notice
of a written objection made under Section 10587 to the proposed
action or a restraining order issued under Section 10588, the
personal representative shall, if he or she desires to take the
proposed action, request instructions from the court concerning the
proposed action. The personal representative may take the proposed
action only under such order as may be entered by the court.
(c) A person who objects to a proposed action as provided in
Section 10587 or serves a restraining order issued under Section
10588 in the manner provided in that section shall be given notice of
any hearing on a petition for court authorization or confirmation of
the proposed action.

10590. (a) Except as provided in subdivision (c), only a person
described in Section 10581 has a right to have the court review the
proposed action after it has been taken or otherwise to object to the
proposed action after it has been taken. Except as provided in
subdivisions (b) and (c), a person described in Section 10581 waives
the right to have the court review the proposed action after it has
been taken, or otherwise to object to the proposed action after it
has been taken, if either of the following circumstances exists:
(1) The person has been given notice of a proposed action, as
provided in Sections 10580 to 10586, inclusive, and fails to object
as provided in subdivision (d).
(2) The person has waived notice of or consented to the proposed
action as provided in Sections 10582 to 10584, inclusive.
(b) Unless the person has waived notice of or consented to the
proposed action as provided in Sections 10582 to 10584, inclusive,
the court may review the action taken upon motion of a person
described in Section 10581 who establishes that he or she did not
actually receive the notice of proposed action before the time to
object under subdivision (d) expires.
(c) The court may review the action of the personal representative
upon motion of an heir or devisee who establishes all of the
following:
(1) At the time the notice was given, the heir or devisee lacked
capacity to object to the proposed action or was a minor.
(2) No notice of proposed action was actually received by the
guardian, conservator, or other legal representative of the heir or
devisee.
(3) The guardian, conservator, or other legal representative did
not waive notice of proposed action.
(4) The guardian, conservator, or other legal representative did
not consent to the proposed action.
(d) For the purposes of this section, an objection to a proposed
action is made only by one or both of the following methods:
(1) Delivering or mailing a written objection as provided in
Section 10587 within the time specified in subdivision (c) of that
section.
(2) Serving a restraining order obtained under Section 10588 in
the manner prescribed and within the time specified in subdivision
(b) of that section.

10591. (a) The failure of the personal representative to comply
with subdivision (a) of Section 10580 and with Sections 10581, 10585,
10586, and 10589, and the taking of the action by the personal
representative without such compliance, does not affect the validity
of the action so taken or the title to any property conveyed or
transferred to bona fide purchasers or the rights of third persons
who, dealing in good faith with the personal representative, changed
their position in reliance upon the action, conveyance, or transfer
without actual notice of the failure of the personal representative
to comply with those provisions.
(b) No person dealing with the personal representative has any
duty to inquire or investigate whether or not the personal
representative has complied with the provisions listed in subdivision
(a).

10592. (a) In a case where notice of proposed action is required by
this chapter, the court in its discretion may remove the personal
representative from office unless the personal representative does
one of the following:
(1) Gives notice of proposed action as provided in this chapter.
(2) Obtains a waiver of notice of proposed action as provided in
this chapter.
(3) Obtains a consent to the proposed action as provided in this
chapter.
(b) The court in its discretion may remove the personal
representative from office if the personal representative takes a
proposed action in violation of Section 10589.