State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 11950-11956

PROBATE CODE
SECTION 11950-11956



11950.  (a) If two or more beneficiaries are entitled to the
distribution of undivided interests in property and have not agreed
among themselves to a partition, allotment, or other division of the
property, any of them, or the personal representative at the request
of any of them, may petition the court to make a partition,
allotment, or other division of the property that will be equitable
and will avoid the distribution of undivided interests.
   (b) A proceeding under this chapter is limited to interests in the
property that are subject to administration and does not include
other interests except to the extent the owners of other interests in
the property consent to be bound by the partition, allotment, or
other division.



11951.  (a) A petition under this chapter may be filed at any time
before an order for distribution of the affected property becomes
final.
   (b) The petition shall:
   (1) Describe the property.
   (2) State the names of the persons having or claiming undivided
interests.
   (3) Describe the undivided interests, so far as known to the
petitioner.



11952.  (a) Notice of the hearing on the petition shall be given as
provided in Section 1220 to the personal representative and to the
persons entitled to distribution of the undivided interests.
   (b) At the hearing the persons entitled to distribution of the
undivided interests shall be considered the parties to the proceeding
whether or not they have appeared or filed a responsive pleading. No
one shall be considered as a plaintiff or as a defendant.
   (c) Any objection to the jurisdiction of the court shall be made
and resolved in the manner prescribed in Part 19 (commencing with
Section 850) of Division 2.


11953.  (a) The court shall partition, allot, or otherwise divide
the property so that each party receives property with a value
proportionate to the value of the party's interest in the whole.
   (b) The court may direct the personal representative to sell
property where, under the circumstances, sale would be more equitable
than partition and where the property cannot conveniently be
allotted to any one party. The sale shall be conducted in the same
manner as other sales made during administration of an estate.
   (c) Any two or more parties may agree to accept undivided
interests.



11954.  (a) The court, in its discretion, may appoint one or three
referees to partition property capable of being partitioned, if
requested to do so by a party. The number of referees appointed must
conform to the request of at least one of the parties.
   (b) The referees shall have the powers and perform the duties of
referees in, and the court shall have the same powers with respect to
their report as in, partition actions under Title 10.5 (commencing
with Section 872.010) of Part 2 of the Code of Civil Procedure.



11955.  The expenses of partition shall be equitably apportioned by
the court among the parties, but each party must pay the party's own
attorney's fees. The amount charged to each party shall be included
and specified in the order and, to the extent unpaid, constitutes a
lien on the property allotted to the party.


11956.  (a) The partition, allotment, or other division made by the
court shall control in proceedings for distribution, unless modified
for good cause on reasonable notice.
   (b) The proceedings leading to the partition, allotment, or other
division may be reviewed on appeal from the order for distribution.