California Probate Code 10310 – (a) Except as provided in this subdivision, at the hearing on …
(a) Except as provided in this subdivision, at the hearing on the petition for confirmation of the sale of the real property, the court shall examine into the necessity for the sale or the advantage to the estate and the benefit to the interested persons in making the sale. If the decedent‘s will authorizes or directs the property to be sold, there need be no showing of the necessity of the sale or the advantage to the estate and benefit to the interested persons in making the sale.
(b) The court shall examine into the efforts of the personal representative to obtain the highest and best price for the property reasonably attainable.
Terms Used In California Probate Code 10310
- Decedent: A deceased person.
- interested person: includes any of the following:
California Probate Code 48
- 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
- Testify: Answer questions in court.
- Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
(c) Any interested person may file written objections to the confirmation of the sale at or before the hearing and may testify and produce witnesses in support of the objections.
(Enacted by Stats. 1990, Ch. 79.)