California Probate Code 10305 – (a) A sale of real property at public auction shall be made in …
(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.
Terms Used In California Probate Code 10305
- 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
- Real property: includes a leasehold interest in real property. See California Probate Code 68
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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.
(Enacted by Stats. 1990, Ch. 79.)