Jurris.COM

Article 4. Powers Exercisable Without Giving Notice Of Proposed Action of California Probate Code >> Division 7. >> Part 6. >> Chapter 3. >> Article 4.

The personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4 (commencing with Section 10580).
In addition to the powers granted to the personal representative by other sections of this chapter, the personal representative has all the powers that the personal representative could exercise without court supervision under this code if the personal representative had not been granted authority to administer the estate under this part.
The personal representative has the power to do all of the following:
  (a) Allow, pay, reject, or contest any claim by or against the estate.
  (b) Compromise or settle a claim, action, or proceeding by or for the benefit of, or against, the decedent, the personal representative, or the estate.
  (c) Release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible.
  (d) Allow a claim to be filed after the expiration of the time for filing the claim.
The personal representative has the power to do all of the following:
  (a) Commence and maintain actions and proceedings for the benefit of the estate.
  (b) Defend actions and proceedings against the decedent, the personal representative, or the estate.
The personal representative has the power to extend, renew, or in any manner modify the terms of an obligation owing to or in favor of the decedent or the estate.
The personal representative has the power to convey or transfer property in order to carry out the exercise of a specific power granted by this part.
The personal representative has the power to pay all of the following:
  (a) Taxes and assessments.
  (b) Expenses incurred in the collection, care, and administration of the estate.
The personal representative has the power to purchase an annuity from an insurer admitted to do business in this state to satisfy a devise of an annuity or other direction in the will for periodic payments to a devisee.
The personal representative has the power to exercise an option right that is property of the estate.
The personal representative has the power to purchase securities or commodities required to perform an incomplete contract of sale where the decedent died having sold but not delivered securities or commodities not owned by the decedent.
The personal representative has the power to hold a security in the name of a nominee or in any other form without disclosure of the estate, so that title to the security may pass by delivery.
The personal representative has the power to exercise security subscription or conversion rights.
The personal representative has the power to make repairs and improvements to real and personal property of the estate.
The personal representative has the power to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage or sale under the deed of trust.
The personal representative has the power to give a partial satisfaction of a mortgage or to cause a partial reconveyance to be executed by a trustee under a deed of trust held by the estate.