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Chapter 4. Notice Of Proposed Action Procedure of California Probate Code >> Division 7. >> Part 6. >> Chapter 4.
(a) A personal representative who has been granted authority
to administer the estate under this part shall give notice of
proposed action as provided in this chapter prior to the taking of
the proposed action without court supervision if the provision of
Chapter 3 (commencing with Section 10500) giving the personal
representative the power to take the action so requires. Nothing in
this subdivision authorizes a personal representative to take an
action under this part if the personal representative does not have
the power to take the action under this part.
(b) A personal representative who has been granted authority to administer the estate under this part may give notice of proposed action as provided in this chapter even if the provision of Chapter 3 (commencing with Section 10500) giving the personal representative the power to take the action permits the personal representative to take the action without giving notice of proposed action. Nothing in this subdivision requires the personal representative to give notice of proposed action where not required under subdivision (a) or authorizes a personal representative to take any action that the personal representative is not otherwise authorized to take.
(b) A personal representative who has been granted authority to administer the estate under this part may give notice of proposed action as provided in this chapter even if the provision of Chapter 3 (commencing with Section 10500) giving the personal representative the power to take the action permits the personal representative to take the action without giving notice of proposed action. Nothing in this subdivision requires the personal representative to give notice of proposed action where not required under subdivision (a) or authorizes a personal representative to take any action that the personal representative is not otherwise authorized to take.
Except as provided in Sections 10582 and 10583, notice of
proposed action shall be given to all of the following:
(a) Each known devisee whose interest in the estate would be affected by the proposed action.
(b) Each known heir whose interest in the estate would be affected by the proposed action.
(c) Each person who has filed a request under Chapter 6 (commencing with Section 1250) of Part 2, of Division 3 for special notice of petitions filed in the administration proceeding.
(d) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the proposed action.
(a) Each known devisee whose interest in the estate would be affected by the proposed action.
(b) Each known heir whose interest in the estate would be affected by the proposed action.
(c) Each person who has filed a request under Chapter 6 (commencing with Section 1250) of Part 2, of Division 3 for special notice of petitions filed in the administration proceeding.
(d) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the proposed action.
Notice of proposed action need not be given to any person
who consents in writing to the proposed action. The consent may be
executed at any time before or after the proposed action is taken.
(a) Notice of proposed action need not be given to any
person who, in writing, waives the right to notice of proposed action
with respect to the particular proposed action. The waiver may be
executed at any time before or after the proposed action is taken.
The waiver shall describe the particular proposed action and may
waive particular aspects of the notice, such as the delivery,
mailing, or time requirements of Section 10586, or the giving of the
notice in its entirety for the particular proposed action.
(b) Notice of proposed action need not be given to any person who has executed the Statutory Waiver of Notice of Proposed Action Form prescribed by the Judicial Council and in that form has made either of the following:
(1) A general waiver of the right to notice of proposed action.
(2) A waiver of the right to notice of proposed action for all transactions of a type which includes the particular proposed action.
(b) Notice of proposed action need not be given to any person who has executed the Statutory Waiver of Notice of Proposed Action Form prescribed by the Judicial Council and in that form has made either of the following:
(1) A general waiver of the right to notice of proposed action.
(2) A waiver of the right to notice of proposed action for all transactions of a type which includes the particular proposed action.
(a) A waiver or consent may be revoked only in writing and
is effective only when the writing is received by the personal
representative.
(b) A copy of the revocation may be filed with the court, but the effectiveness of the revocation is not dependent upon a copy being filed with the court.
(b) A copy of the revocation may be filed with the court, but the effectiveness of the revocation is not dependent upon a copy being filed with the court.
(a) The notice of proposed action shall state all of the
following:
(1) The name and mailing address of the personal representative.
(2) The person and telephone number to call to get additional information.
(3) The action proposed to be taken, with a reasonably specific description of the action. Where the proposed action involves the sale or exchange of real property, or the granting of an option to purchase real property, the notice of proposed action shall state the material terms of the transaction, including, if applicable, the sale price and the amount of, or method of calculating, any commission or compensation paid or to be paid to an agent or broker in connection with the transaction.
(4) The date on or after which the proposed action is to be taken.
(b) The notice of proposed action may be given using the most current Notice of Proposed Action form prescribed by the Judicial Council.
(c) If the most current form prescribed by the Judicial Council is not used to give notice of proposed action, the notice of proposed action shall satisfy all of the following requirements:
(1) The notice of proposed action shall be in substantially the same form as the form prescribed by the Judicial Council.
(2) The notice of proposed action shall contain the statements described in subdivision (a).
(3) The notice of proposed action shall contain a form for objecting to the proposed action in substantially the form set out in the Judicial Council form.
(1) The name and mailing address of the personal representative.
(2) The person and telephone number to call to get additional information.
(3) The action proposed to be taken, with a reasonably specific description of the action. Where the proposed action involves the sale or exchange of real property, or the granting of an option to purchase real property, the notice of proposed action shall state the material terms of the transaction, including, if applicable, the sale price and the amount of, or method of calculating, any commission or compensation paid or to be paid to an agent or broker in connection with the transaction.
(4) The date on or after which the proposed action is to be taken.
(b) The notice of proposed action may be given using the most current Notice of Proposed Action form prescribed by the Judicial Council.
(c) If the most current form prescribed by the Judicial Council is not used to give notice of proposed action, the notice of proposed action shall satisfy all of the following requirements:
(1) The notice of proposed action shall be in substantially the same form as the form prescribed by the Judicial Council.
(2) The notice of proposed action shall contain the statements described in subdivision (a).
(3) The notice of proposed action shall contain a form for objecting to the proposed action in substantially the form set out in the Judicial Council form.
The notice of proposed action shall be mailed or personally
delivered to each person required to be given notice of proposed
action not less than 15 days before the date specified in the notice
of proposed action on or after which the proposed action is to be
taken. If mailed, the notice of proposed action shall be addressed to
the person at the person's last known address. Sections 1215 and
1216 apply to the mailing or delivery of the notice of proposed
action.
(a) Any person entitled to notice of proposed action under
Section 10581 may object to the proposed action as provided in this
section.
(b) The objection to the proposed action is made by delivering or mailing a written objection to the proposed action to the personal representative at the address stated in the notice of proposed action. The person objecting to the proposed action either may use the Judicial Council form or may make the objection in any other writing that identifies the proposed action with reasonable certainty and indicates that the person objects to the taking of the proposed action.
(c) The personal representative is deemed to have notice of the objection to the proposed action if it is delivered or received at the address stated in the notice of proposed action before whichever of the following times is the later:
(1) The date specified in the notice of proposed action on or after which the proposed action is to be taken.
(2) The date the proposed action is actually taken.
(b) The objection to the proposed action is made by delivering or mailing a written objection to the proposed action to the personal representative at the address stated in the notice of proposed action. The person objecting to the proposed action either may use the Judicial Council form or may make the objection in any other writing that identifies the proposed action with reasonable certainty and indicates that the person objects to the taking of the proposed action.
(c) The personal representative is deemed to have notice of the objection to the proposed action if it is delivered or received at the address stated in the notice of proposed action before whichever of the following times is the later:
(1) The date specified in the notice of proposed action on or after which the proposed action is to be taken.
(2) The date the proposed action is actually taken.
(a) Any person who is entitled to notice of proposed action
for a proposed action described in subdivision (a) of Section 10580,
or any person who is given notice of a proposed action described in
subdivision (b) of Section 10580, may apply to the court having
jurisdiction over the proceeding for an order restraining the
personal representative from taking the proposed action without court
supervision. The court shall grant the requested order without
requiring notice to the personal representative and without cause
being shown for the order.
(b) The personal representative is deemed to have notice of the restraining order if it is served upon the personal representative in the same manner as is provided for in Section 415.10 or 415.30 of the Code of Civil Procedure, or in the manner authorized by the court, before whichever of the following times is the later:
(1) The date specified in a notice of proposed action on or after which the proposed action is to be taken.
(2) The date the proposed action is actually taken.
(b) The personal representative is deemed to have notice of the restraining order if it is served upon the personal representative in the same manner as is provided for in Section 415.10 or 415.30 of the Code of Civil Procedure, or in the manner authorized by the court, before whichever of the following times is the later:
(1) The date specified in a notice of proposed action on or after which the proposed action is to be taken.
(2) The date the proposed action is actually taken.
(a) If the proposed action is one that would require court
supervision if the personal representative had not been granted
authority to administer the estate under this part and the personal
representative has notice of a written objection made under Section
10587 to the proposed action or a restraining order issued under
Section 10588, the personal representative shall, if the personal
representative desires to take the proposed action, take the proposed
action under the provisions of this code dealing with court
supervision of that kind of action.
(b) If the proposed action is one that would not require court supervision even if the personal representative had not been granted authority to administer the estate under this part but the personal representative has given notice of the proposed action and has notice of a written objection made under Section 10587 to the proposed action or a restraining order issued under Section 10588, the personal representative shall, if he or she desires to take the proposed action, request instructions from the court concerning the proposed action. The personal representative may take the proposed action only under such order as may be entered by the court.
(c) A person who objects to a proposed action as provided in Section 10587 or serves a restraining order issued under Section 10588 in the manner provided in that section shall be given notice of any hearing on a petition for court authorization or confirmation of the proposed action.
(b) If the proposed action is one that would not require court supervision even if the personal representative had not been granted authority to administer the estate under this part but the personal representative has given notice of the proposed action and has notice of a written objection made under Section 10587 to the proposed action or a restraining order issued under Section 10588, the personal representative shall, if he or she desires to take the proposed action, request instructions from the court concerning the proposed action. The personal representative may take the proposed action only under such order as may be entered by the court.
(c) A person who objects to a proposed action as provided in Section 10587 or serves a restraining order issued under Section 10588 in the manner provided in that section shall be given notice of any hearing on a petition for court authorization or confirmation of the proposed action.
(a) Except as provided in subdivision (c), only a person
described in Section 10581 has a right to have the court review the
proposed action after it has been taken or otherwise to object to the
proposed action after it has been taken. Except as provided in
subdivisions (b) and (c), a person described in Section 10581 waives
the right to have the court review the proposed action after it has
been taken, or otherwise to object to the proposed action after it
has been taken, if either of the following circumstances exists:
(1) The person has been given notice of a proposed action, as provided in Sections 10580 to 10586, inclusive, and fails to object as provided in subdivision (d).
(2) The person has waived notice of or consented to the proposed action as provided in Sections 10582 to 10584, inclusive.
(b) Unless the person has waived notice of or consented to the proposed action as provided in Sections 10582 to 10584, inclusive, the court may review the action taken upon motion of a person described in Section 10581 who establishes that he or she did not actually receive the notice of proposed action before the time to object under subdivision (d) expires.
(c) The court may review the action of the personal representative upon motion of an heir or devisee who establishes all of the following:
(1) At the time the notice was given, the heir or devisee lacked capacity to object to the proposed action or was a minor.
(2) No notice of proposed action was actually received by the guardian, conservator, or other legal representative of the heir or devisee.
(3) The guardian, conservator, or other legal representative did not waive notice of proposed action.
(4) The guardian, conservator, or other legal representative did not consent to the proposed action.
(d) For the purposes of this section, an objection to a proposed action is made only by one or both of the following methods:
(1) Delivering or mailing a written objection as provided in Section 10587 within the time specified in subdivision (c) of that section.
(2) Serving a restraining order obtained under Section 10588 in the manner prescribed and within the time specified in subdivision (b) of that section.
(1) The person has been given notice of a proposed action, as provided in Sections 10580 to 10586, inclusive, and fails to object as provided in subdivision (d).
(2) The person has waived notice of or consented to the proposed action as provided in Sections 10582 to 10584, inclusive.
(b) Unless the person has waived notice of or consented to the proposed action as provided in Sections 10582 to 10584, inclusive, the court may review the action taken upon motion of a person described in Section 10581 who establishes that he or she did not actually receive the notice of proposed action before the time to object under subdivision (d) expires.
(c) The court may review the action of the personal representative upon motion of an heir or devisee who establishes all of the following:
(1) At the time the notice was given, the heir or devisee lacked capacity to object to the proposed action or was a minor.
(2) No notice of proposed action was actually received by the guardian, conservator, or other legal representative of the heir or devisee.
(3) The guardian, conservator, or other legal representative did not waive notice of proposed action.
(4) The guardian, conservator, or other legal representative did not consent to the proposed action.
(d) For the purposes of this section, an objection to a proposed action is made only by one or both of the following methods:
(1) Delivering or mailing a written objection as provided in Section 10587 within the time specified in subdivision (c) of that section.
(2) Serving a restraining order obtained under Section 10588 in the manner prescribed and within the time specified in subdivision (b) of that section.
(a) The failure of the personal representative to comply
with subdivision (a) of Section 10580 and with Sections 10581, 10585,
10586, and 10589, and the taking of the action by the personal
representative without such compliance, does not affect the validity
of the action so taken or the title to any property conveyed or
transferred to bona fide purchasers or the rights of third persons
who, dealing in good faith with the personal representative, changed
their position in reliance upon the action, conveyance, or transfer
without actual notice of the failure of the personal representative
to comply with those provisions.
(b) No person dealing with the personal representative has any duty to inquire or investigate whether or not the personal representative has complied with the provisions listed in subdivision (a).
(b) No person dealing with the personal representative has any duty to inquire or investigate whether or not the personal representative has complied with the provisions listed in subdivision (a).
(a) In a case where notice of proposed action is required by
this chapter, the court in its discretion may remove the personal
representative from office unless the personal representative does
one of the following:
(1) Gives notice of proposed action as provided in this chapter.
(2) Obtains a waiver of notice of proposed action as provided in this chapter.
(3) Obtains a consent to the proposed action as provided in this chapter.
(b) The court in its discretion may remove the personal representative from office if the personal representative takes a proposed action in violation of Section 10589.
(1) Gives notice of proposed action as provided in this chapter.
(2) Obtains a waiver of notice of proposed action as provided in this chapter.
(3) Obtains a consent to the proposed action as provided in this chapter.
(b) The court in its discretion may remove the personal representative from office if the personal representative takes a proposed action in violation of Section 10589.
