State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 9780-9788

PROBATE CODE
SECTION 9780-9788



9780.  Unless the property is specifically devised, subject to the
requirements of this chapter, the personal representative may dispose
of or abandon tangible personal property where the cost of
collecting, maintaining, and safeguarding the property would exceed
its fair market value.



9781.  Unless otherwise provided in the will, subject to the
requirements of this chapter, the personal representative may
exercise the power provided in Section 9780 without court
authorization or approval.



9782.  (a) Except as provided in Section 9785, before disposing of
or abandoning property under Section 9780, the personal
representative shall give notice of the proposed disposition or
abandonment as provided in subdivision (c) to all of the following:
   (1) Each known devisee whose interest in the estate would be
affected by the proposed action.
   (2) Each known heir whose interest in the estate would be affected
by the proposed action.
   (3) Each person who has filed a request for special notice
pursuant to Section 1250.
   (4) 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.
   (b) The notice of the proposed disposition or abandonment shall
describe the property to be disposed of or abandoned, indicate the
manner in which the property is to be disposed of or abandoned, and
specify the date on or after which the property will be disposed of
or abandoned.
   (c) The notice shall be delivered personally to each person
required to be given notice or shall be sent by mail to the person at
the person's last known address. If the notice is delivered
personally, it shall be delivered to the person not less than five
days before the date specified in the notice as the date on or after
which the property will be disposed of or abandoned. If the notice is
sent by mail, it shall be deposited in the mail not less than 10
days before the date specified in the notice as the date on or after
which the property will be disposed of or abandoned.



9783.  A person described in Section 9782 may deliver or mail a
written objection to the disposition or abandonment to the personal
representative on or before the date specified in the notice as the
date on or after which the property will be disposed of or abandoned.
Subject to Section 9788, after receipt of the written objection, the
personal representative shall not dispose of or abandon the property
without authorization by order of the court obtained under Section
9611.



9784.  (a) A person described in Section 9782 who objects to the
disposition or abandonment of property by the personal representative
under Section 9780 may apply to the court in which proceedings for
administration of the estate are pending for an order restraining the
personal representative from disposing of or abandoning the property
without prior court authorization.
   (b) The court shall grant the requested order without requiring
notice to the personal representative and without cause being shown
for the order if the court is satisfied that the estate will not
suffer any loss or unreasonable expense if the order is granted. As a
condition of granting the order, the court may require the person
applying for the order (1) to pay the costs of storing and protecting
the property or (2) to provide security by bond or cash deposit that
the costs will be paid.
   (c) The personal representative is deemed to have notice of the
restraining order if it is served upon the personal representative in
the manner provided in Section 415.10 or 415.30 of the Code of Civil
Procedure, or in the manner authorized by the court, before the date
specified in the notice as the date on or after which the property
will be disposed of or abandoned.



9785.  Notice of the proposed disposition or abandonment need not be
given to any of the following:
   (a) A person who consents in writing to the proposed disposition
or abandonment.
   (b) A person who, in writing, waives the right to notice of the
proposed disposition or abandonment.



9786.  A person who objects to the disposition or abandonment as
provided in Section 9783, or who serves a restraining order issued
under Section 9784 in the manner provided in that section, shall be
given notice of any court hearing on a petition for court
authorization of the disposition or abandonment of the property.




9787.  (a) Except as provided in subdivision (b), a person described
in Section 9782 who receives notice of the proposed disposition or
abandonment as provided in Section 9782, waives the right to have the
court later review the disposition or abandonment of the property
unless the person does one of the following:
   (1) Delivers or mails a written objection as provided in Section
9783.
   (2) Serves a restraining order obtained under Section 9784 before
whichever of the following is the later time:
   (A) The date specified in the notice of proposed disposition or
abandonment as the date on or after which the property will be
disposed of or abandoned.
   (B) The date the property has actually been disposed of or
abandoned.
   (b) Subject to Section 9785, the court may review the disposition
or abandonment of the property upon the motion of a person described
in subdivision (a) of Section 9782 who establishes that he or she did
not actually receive notice of the proposed disposition or
abandonment before the time to object expired.



9788.  (a) Notwithstanding Sections 9783 and 9784, the personal
representative may abandon or dispose of the property without court
authorization if the person who made the objection or obtained the
restraining order fails to take possession of the property at his or
her expense within 10 days after the personal representative requests
that the person do so.
   (b) A person who takes possession of estate property pursuant to
this section is liable for the safekeeping of the property until a
court order is made relieving the person of this obligation.