California Probate Code 10001 – (a) If the personal representative neglects or refuses to sell …
(a) If the personal representative neglects or refuses to sell the property, any interested person may petition the court for an order requiring the personal representative to sell real or personal property of the estate in any of the following cases:
(1) Where the sale is necessary to pay debts, devises, family allowance, expenses of administration, or taxes.
Terms Used In California Probate Code 10001
- Family allowance: means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6. See California Probate Code 38
- interested person: includes any of the following:
California Probate Code 48
- Personal property: All property that is not real property.
- Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
(2) Where the sale is to the advantage of the estate and in the best interest of the interested persons.
(3) Where the property is directed by the will to be sold.
(b) Notice of the hearing on the petition shall be given as provided in Section 1220.
(c) Notice of the hearing on the petition also shall be given to the personal representative by citation served at least five days before the hearing.
(Enacted by Stats. 1990, Ch. 79.)