State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 10300-10316

PROBATE CODE
SECTION 10300-10316



10300.  (a) Except as provided in Sections 10301 to 10303,
inclusive, and in Section 10503, real property of the estate may be
sold only after notice of sale has been published pursuant to Section
6063a of the Government Code (1) in a newspaper published in the
county in which the real property or some portion thereof is located
or (2) if there is no such newspaper, in such newspaper as the court
or judge may direct.
   (b) The publication of notice of sale shall be completed before:
   (1) In the case of a private sale, the day specified in the notice
as the day on or after which the sale is to be made.
   (2) In the case of a public auction sale, the day of the auction.



10301.  (a) If it appears from the inventory and appraisal that the
value of the real property to be sold does not exceed five thousand
dollars ($5,000), the personal representative may in his or her
discretion dispense with publication of notice of sale and, in lieu
of publication, post the notice of sale at the courthouse of the
county in which the real property or some portion thereof is located.
   (b) Except as provided in Section 10302, posting pursuant to this
section shall be for at least 15 days before:
   (1) In the case of a private sale, the day specified in the notice
of sale as the day on or after which the sale is to be made.
   (2) In the case of a public auction sale, the day of the auction.



10302.  (a) If it is shown that it will be to the advantage of the
estate, the court or judge may by order shorten the time of notice of
sale to not less than five days.
   (b) Except as provided in subdivision (c), if the court or judge
makes an order under subdivision (a), notice of sale shall be
published as provided in Section 10300 except that the publication
shall be pursuant to Section 6061 of the Government Code.
   (c) In a case described in Section 10301, if the court makes an
order under subdivision (a), notice of sale shall be posted as
provided in Section 10301 except that the notice of sale shall be
posted at least five days before the sale instead of 15 days as
required by Section 10301.


10303.  Real property may be sold with or without notice, as the
personal representative may determine, in either of the following
cases:
   (a) Where the property is directed by the will to be sold.
   (b) Where authority is given in the will to sell the property.




10304.  (a) The notice of sale given pursuant to this article shall
state all of the following:
   (1) Whether the sale is to be a private sale or a public auction
sale.
   (2) In the case of a private sale, the place at which bids or
offers will be received and a day on or after which the sale will be
made or, in the case of a public auction sale, the time and place of
sale.
   (3) The street address or other common designation or, if none, a
legal description of the real property to be sold.
   (b) The notice of sale may state other matters in addition to
those required by subdivision (a), including terms and conditions of
sale.


10305.  (a) A sale of real property at public auction shall be made
in the county in which the property is located. If the property is
located in two or more counties, it may be sold in any one of them.
   (b) A sale of real property at public auction shall be made
between 9 a.m. and 9 p.m., and the sale shall be made on the day
specified in the notice of sale unless the sale is postponed.
   (c) The personal representative may postpone a public auction sale
of real property from time to time if all of the following
conditions are satisfied:
   (1) The personal representative believes that the postponement is
to the advantage of the estate.
   (2) Notice of the postponement is given by public declaration at
the time and place appointed for the sale.
   (3) The postponement, together with previous postponements of sale
of the property, does not exceed three months in all.




10306.  (a) A private sale of real property may not be made before
the day stated in the notice of sale as the day on or after which the
sale will be made, nor later than one year after that day.
   (b) In the case of a private sale of real property, the bids or
offers shall be in writing and shall be left at the place designated
in the notice of sale, or be delivered to the personal representative
personally or to the person specified in the notice of sale, at any
time after the first publication or posting of notice of sale and
before the making of the sale.



10307.  Whether a sale of real property is private or at public
auction, bids shall substantially comply with any terms specified in
the notice of sale.


10308.  (a) Except as provided in Section 10503, all sales of real
property shall be reported to and be confirmed by the court before
title to the property passes to the purchaser, whether the sale is a
private sale or a public auction sale and notwithstanding that the
property is directed by the will to be sold or authority is given in
the will to sell the property.
   (b) If the personal representative fails to file the report and a
petition for confirmation of the sale within 30 days after the sale,
the purchaser at the sale may file the report and petition for
confirmation of the sale.
   (c) Notice of the hearing on the petition for confirmation filed
under subdivision (a) or (b) shall be given as provided in Section
1220 to the persons designated by that section and to the purchasers
named in the petition, and posted as provided in Section 1230.



10309.  (a) Except as provided in Section 10207, no sale of real
property at private sale shall be confirmed by the court unless all
of the following conditions are satisfied:
   (1) The real property has been appraised within one year prior to
the date of the confirmation hearing.
   (2) The valuation date used in the appraisal described in
paragraph (1) is within one year prior to the date of the
confirmation hearing.
   (3) The sum offered for the property is at least 90 percent of the
appraised value of the property as determined by the appraisal
described in paragraph (1).
   (b) An appraisal of the property may be had at any time before the
sale or the confirmation of sale in any of the following cases:
   (1) Where the property has not been previously appraised.
   (2) Where the property has not been appraised within one year
before the date of the confirmation hearing.
   (3) Where the valuation date used in the latest appraisal is more
than one year before the date of the confirmation hearing.
   (4) Where the court is satisfied that the latest appraisal is too
high or too low.
   (c) A new appraisal made pursuant to subdivision (b) need not be
made by a probate referee if the original appraisal of the property
was made by a person other than a probate referee. If the original
appraisal of the property was made by a probate referee, the new
appraisal may be made by the probate referee who made the original
appraisal without further order of the court or further request for
the appointment of a new probate referee. If appraisal by a probate
referee is required, a new probate referee shall be appointed, using
the same procedure as for the appointment of an original referee, to
make the new appraisal if the original probate referee is dead, has
been removed, or is otherwise unable to act, or if there is other
reason to appoint another probate referee.



10310.  (a) Except as provided in this subdivision, at the hearing
on the petition for confirmation of the sale of the real property,
the court shall examine into the necessity for the sale or the
advantage to the estate and the benefit to the interested persons in
making the sale. If the decedent's will authorizes or directs the
property to be sold, there need be no showing of the necessity of the
sale or the advantage to the estate and benefit to the interested
persons in making the sale.
   (b) The court shall examine into the efforts of the personal
representative to obtain the highest and best price for the property
reasonably attainable.
   (c) Any interested person may file written objections to the
confirmation of the sale at or before the hearing and may testify and
produce witnesses in support of the objections.



10311.  (a) Subject to subdivisions (b), (c), (d), and (e), and
except as provided in Section 10207, if a written offer to purchase
the real property is made to the court at the hearing on the petition
for confirmation of the sale, the court shall accept the offer and
confirm the sale to the offeror if all of the following conditions
are satisfied:
   (1) The offer is for an amount at least 10 percent more on the
first ten thousand dollars ($10,000) of the original bid and 5
percent more on the amount of the original bid in excess of ten
thousand dollars ($10,000).
   (2) The offer is made by a responsible person.
   (3) The offer complies with all provisions of law.
   (b) Subject to subdivisions (c), (d), and (e), if there is more
than one offer that satisfies the requirements of subdivision (a),
the court shall accept the highest such offer and confirm the sale to
the person making that offer.
   (c) The court may, in its discretion, decline to accept the offer
that satisfies the requirements of subdivisions (a) and (b); and, in
such case, the court shall order a new sale.
   (d) If the sale returned for confirmation is on credit and the
higher offer is for cash or on credit, whether on the same or
different credit terms, or the sale returned for confirmation is for
cash and the higher offer is on credit, the court may not consider
the higher offer unless the personal representative informs the court
in person or by counsel prior to confirmation of sale that the
higher offer is acceptable.
   (e) For the purpose of this section, the amount of the original
bid and any higher offer shall be determined by the court without
regard to any of the following:
   (1) Any commission on the amount of the bid to which an agent or
broker may be entitled under a contract with the personal
representative.
   (2) Any condition of the bid that a certain amount of the bid be
paid to an agent or broker by the personal representative.



10312.  If notice of the sale was required, before an order is made
confirming the sale it shall be proved to the satisfaction of the
court that notice of the sale was given as required by this article,
and the order of confirmation shall show that the proof was made.



10313.  (a) The court shall make an order confirming the sale to the
person making the highest offer that satisfies the requirements of
this article, and directing conveyances or assignments or both to be
executed, if it appears to the court that all of the following
requirements are satisfied:
   (1) Either the sale was authorized or directed to be made by the
decedent's will or good reason existed for the sale.
   (2) If notice of the sale was required, the proof required by
Section 10312 has been made.
   (3) The sale was legally made and fairly conducted.
   (4) The amount for which the sale is to be confirmed is not
disproportionate to the value of the property.
   (5) In the case of a private sale, the sale complied with the
requirements of Section 10309.
   (6) If the sale is confirmed to the original bidder, it does not
appear that a sum exceeding the original bid by at least 10 percent
more on the first ten thousand dollars ($10,000) of the original bid
and 5 percent more on the amount of the original bid in excess of ten
thousand dollars ($10,000), exclusive of the expenses of a new sale,
may be obtained.
   (b)  Upon its own motion or upon the request of the personal
representative, the agent or broker, or any other interested person,
made at the time of the confirmation hearing or at another time, the
court shall fix the compensation of the agent or broker as provided
in Article 3 (commencing with Section 10160).
   (c) If it appears to the court that the requirements of
subdivision (a) are not satisfied, the court shall vacate the sale
and order a new sale.
   (d) If the court orders a new sale under subdivision (c) of this
section or under subdivision (c) of Section 10311, notice of the new
sale shall be given and the new sale shall in all respects be
conducted as if no previous sale had taken place.




10314.  (a) Except as provided in subdivision (b), upon confirmation
of the sale, the personal representative shall execute a conveyance
to the purchaser which shall refer to the order confirming the sale
and directing the conveyance to be executed. A certified copy of the
order shall be recorded in the office of the recorder of the county
in which the real property or some portion thereof is located.
   (b) Upon confirmation of a sale of the decedent's interest under a
contract for the purchase of real property by the decedent and after
the purchaser has given a bond if one is required under Section
10206, the personal representative shall execute an assignment of the
contract to the purchaser.
   (c) A conveyance made in compliance with the court order
confirming the sale and directing the conveyance to be executed vests
in the purchaser both of the following:
   (1) All the right, title, and interest which the decedent had in
the property at the time of the decedent's death.
   (2) Any other or additional right, title, or interest in the
property acquired by the estate of the decedent, by operation of law
or otherwise, prior to the sale.
   (d) An assignment made in compliance with the court order
confirming the sale of the decedent's interest under a contract for
the purchase of real property by the decedent vests in the purchaser
all the right, title, and interest of the estate, or of the persons
entitled to the interest of the decedent, at the time of sale in the
property assigned. The purchaser of the decedent's interest under the
contract for the purchase of the real property by the decedent has
the same rights and remedies against the vendor of the property as
the decedent would have had if living.



10315.  (a) If a sale is made on credit, the personal representative
shall take the note of the purchaser for the unpaid portion of the
purchase money, with a mortgage or deed of trust on the property to
secure payment of the note. The mortgage or deed of trust shall be
subject only to encumbrances existing at the date of sale and such
other encumbrances as the court may approve.
   (b) Where property sold by the personal representative for part
cash and part deferred payments consists of an undivided interest in
real property or any other interest therein less than the entire
ownership and the owner or owners of the remaining interests therein
join in the sale, the note and deed of trust or mortgage may be made
to the personal representative and such others having an interest in
the property. The interest of the personal representative in the note
and deed of trust or mortgage shall be in the same interest and in
the same proportions as the estate's interest in the property prior
to the sale.


10316.  No omission, error, or irregularity in the proceedings under
this article shall impair or invalidate the proceedings or the sale
pursuant to an order made under this article.