State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 7260-7263

SECTION 7260-7263

7260.  As used in this article, "transaction" means a transaction
affecting title to property in the estate, including, but not limited
to, the following:
   (a) In the case of real property, a conveyance (including a sale,
option, or order confirming a sale or option), a lease, the creation
of a mortgage, deed of trust, or other lien or encumbrance, the
setting apart of a probate homestead, or the distribution of
   (b) In the case of personal property, a transfer of the property
or the creation of a security interest or other lien on the property.

7261.  If a transaction affecting real property in the estate is
executed by the personal representative in accordance with the terms
of a court order, the instrument shall include a statement that the
transaction is made by authority of the order authorizing or
directing the transaction and shall give the date of the order.

7262.  A transaction executed by the personal representative in
accordance with an order authorizing or directing the transaction has
the same effect as if the decedent were living at the time of the
transaction and had carried it out in person while having legal
capacity to do so.

7263.  If an order is made setting apart a probate homestead,
confirming a sale or making a distribution of real property, or
determining any other matter affecting title to real property in the
estate, the personal representative shall record a certified copy of
the order in the office of the county recorder in each county in
which any portion of the real property is located.