California Probate Code 10501 – (a) Notwithstanding any other provision of this part, whether …
(a) Notwithstanding any other provision of this part, whether the personal representative has been granted full authority or limited authority, a personal representative who has obtained authority to administer the estate under this part is required to obtain court supervision, in the manner provided in this code, for any of the following actions:
(1) Allowance of the personal representative’s compensation.
Terms Used In California Probate Code 10501
- Claim: means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated:
California Probate Code 9000
- court supervision: means the judicial order, authorization, approval, confirmation, or instructions that would be required if authority to administer the estate had not been granted under this part. See California Probate Code 10401
- Creditor: means a person who may have a claim against estate property. See California Probate Code 9000
- Decedent: A deceased person.
- full authority: means authority to administer the estate under this part that includes all the powers granted under this part. See California Probate Code 10402
- limited authority: means authority to administer the estate under this part that includes all the powers granted under this part except the power to do any of the following:
California Probate Code 10403
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: includes a leasehold interest in real property. See California Probate Code 68
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(2) Allowance of compensation of the attorney for the personal representative.
(3) Settlement of accounts.
(4) Subject to Section 10520, preliminary and final distributions and discharge.
(5) Sale of property of the estate to the personal representative or to the attorney for the personal representative.
(6) Exchange of property of the estate for property of the personal representative or for property of the attorney for the personal representative.
(7) Grant of an option to purchase property of the estate to the personal representative or to the attorney for the personal representative.
(8) Allowance, payment, or compromise of a claim of the personal representative, or the attorney for the personal representative, against the estate.
(9) Compromise or settlement of a claim, action, or proceeding by the estate against the personal representative or against the attorney for the personal representative.
(10) Extension, renewal, or modification of the terms of a debt or other obligation of the personal representative, or the attorney for the personal representative, owing to or in favor of the decedent or the estate.
(b) Notwithstanding any other provision of this part, a personal representative who has obtained only limited authority to administer the estate under this part is required to obtain court supervision, in the manner provided in this code, for any of the following actions:
(1) Sale of real property.
(2) Exchange of real property.
(3) Grant of an option to purchase real property.
(4) Borrowing money with the loan secured by an encumbrance upon real property.
(c) Paragraphs (5) to (10), inclusive, of subdivision (a) do not apply to a transaction between the personal representative as such and the personal representative as an individual where all of the following requirements are satisfied:
(1) Either (A) the personal representative is the sole beneficiary of the estate or (B) all the known heirs or devisees have consented to the transaction.
(2) The period for filing creditor claims has expired.
(3) No request for special notice is on file or all persons who filed a request for special notice have consented to the transaction.
(4) The claim of each creditor who filed a claim has been paid, settled, or withdrawn, or the creditor has consented to the transaction.
(Amended by Stats. 1992, Ch. 178, Sec. 37. Effective January 1, 1993.)