SECTIONS 11950-11956

11950.  (a) If two or more beneficiaries are entitled to thedistribution of undivided interests in property and have not agreedamong themselves to a partition, allotment, or other division of theproperty, any of them, or the personal representative at the requestof any of them, may petition the court to make a partition,allotment, or other division of the property that will be equitableand will avoid the distribution of undivided interests. (b) A proceeding under this chapter is limited to interests in theproperty that are subject to administration and does not includeother interests except to the extent the owners of other interests inthe property consent to be bound by the partition, allotment, orother division.11951.  (a) A petition under this chapter may be filed at any timebefore an order for distribution of the affected property becomesfinal. (b) The petition shall: (1) Describe the property. (2) State the names of the persons having or claiming undividedinterests. (3) Describe the undivided interests, so far as known to thepetitioner.11952.  (a) Notice of the hearing on the petition shall be given asprovided in Section 1220 to the personal representative and to thepersons entitled to distribution of the undivided interests. (b) At the hearing the persons entitled to distribution of theundivided interests shall be considered the parties to the proceedingwhether or not they have appeared or filed a responsive pleading. Noone shall be considered as a plaintiff or as a defendant. (c) Any objection to the jurisdiction of the court shall be madeand resolved in the manner prescribed in Part 19 (commencing withSection 850) of Division 2.11953.  (a) The court shall partition, allot, or otherwise dividethe property so that each party receives property with a valueproportionate to the value of the party's interest in the whole. (b) The court may direct the personal representative to sellproperty where, under the circumstances, sale would be more equitablethan partition and where the property cannot conveniently beallotted to any one party. The sale shall be conducted in the samemanner as other sales made during administration of an estate. (c) Any two or more parties may agree to accept undividedinterests.11954.  (a) The court, in its discretion, may appoint one or threereferees to partition property capable of being partitioned, ifrequested to do so by a party. The number of referees appointed mustconform to the request of at least one of the parties. (b) The referees shall have the powers and perform the duties ofreferees in, and the court shall have the same powers with respect totheir report as in, partition actions under Title 10.5 (commencingwith Section 872.010) of Part 2 of the Code of Civil Procedure.11955.  The expenses of partition shall be equitably apportioned bythe court among the parties, but each party must pay the party's ownattorney's fees. The amount charged to each party shall be includedand specified in the order and, to the extent unpaid, constitutes alien on the property allotted to the party.11956.  (a) The partition, allotment, or other division made by thecourt shall control in proceedings for distribution, unless modifiedfor good cause on reasonable notice. (b) The proceedings leading to the partition, allotment, or otherdivision may be reviewed on appeal from the order for distribution.