2005 California Probate Code Sections 10250-10264 Article 5. Sale of Personal Property

PROBATE CODE
SECTION 10250-10264

10250.  Subject to Sections 10251 and 10252 and except as otherwise
provided by statute, personal property of the estate may be sold only
after notice of sale is given by one or both of the following
methods, as the personal representative may determine:
   (a)  Posting at the county courthouse of the county in which the
proceedings are pending at least 15 days before:
   (1) In the case of a private sale, the day specified in the notice
of sale as  the day on or after which the sale is to be made.
   (2) In the case of a public auction sale, the day of the auction.
   (b)  Publication pursuant to Section 6063a of the Government Code
in a newspaper in the county in which the proceedings are pending,
such publication to be completed before:
   (1) In the case of a private sale, the day specified in the notice
of sale as the day on or after which the sale is to be made.
   (2) In the case of a public auction sale, the day of the auction.
10251.  (a) If it is shown that it will be to the advantage of the
estate, the court or judge may by order shorten the time of notice of
sale to not less than five days.
   (b) If the court or judge makes an order under subdivision (a),
notice of sale shall be given by one or both of the following
methods, as the personal representative may determine:
   (1) By posting as provided in Section 10250 except that the
posting shall be for at least five days instead of 15 days as
required by Section 10250.
   (2) By publication as provided in Section 10250 except that the
publication shall be pursuant to Section 6061 of the Government Code.
10252.  Personal property may be sold with or without notice, as the
personal representative may determine, in any of the following
cases:
   (a) Where the property is directed by the will to be sold.
   (b) Where authority is given in the will to sell the property.
   (c) Where the property is perishable, will depreciate in value if
not disposed of promptly, or will incur loss or expense by being
kept.
   (d) Where sale of the property is necessary to provide for the
payment of a family allowance pending receipt of other sufficient
funds.
10253.  (a) The notice of sale given pursuant to Section 10250 shall
state all of the following:
   (1) Whether the sale is to be a private sale or a public auction
sale.
   (2) In the case of a private sale, the place at which bids or
offers will be received and a day on or after which the sale will be
made or, in the case of a public auction sale, the time and place of
sale.
   (3) A brief description of the personal property to be sold.
   (b) The notice of sale may state other matters in addition to
those required by subdivision (a), including terms and conditions of
sale.
10254.  (a) Unless the court orders otherwise pursuant to
subdivision (b):
   (1) A sale of personal property at a public auction sale shall be
made within this state at the courthouse door, at the auction house,
at some other public place, or at the residence of the decedent.
   (2) No public auction sale shall be made of any tangible personal
property that is not present at the time of sale.
   (b) Upon petition of the personal representative or any interested
person, the court may order either or both of the following:
   (1) That a sale of personal property at public auction be made at
any place within or without the United States.
   (2) That tangible personal property need not be present at the
time of sale.
   (c) The personal representative may postpone a public auction sale
of personal 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.
10255.  (a) A private sale of personal property may not be made
before the day stated in the notice of sale as the day on or after
which the sale will be made, nor later than one year after that day.
   (b) In the case of a private sale of personal property, the bids
or offers shall be in writing and shall be left at the place
designated in the notice of sale, or be delivered to the personal
representative personally or to the person specified in the notice of
sale, at any time after the first publication or posting of notice
of sale and before the making of the sale.
10256.  Whether a sale of personal property is private or at public
auction, bids shall substantially comply with any terms specified in
the notice of sale.
10257.  (a) Personal property may be sold for cash or on credit.
   (b) Except as may otherwise be ordered by the court pursuant to
Section 10258, if a sale is made on credit, not less than 25 percent
of the purchase price shall be paid in cash at the time of sale, and
the personal representative shall do one of the following:
   (1) Take the note of the purchaser for the balance of the purchase
money, with a security interest in the personal propery sold, to
secure the payment of the balance.
   (2) Enter into a conditional sale contract under which title is
retained until the balance is paid.
   (c) The terms of the note and security interest or conditional
sale contract shall be approved by the court at the time of
confirmation of sale.
   (d) Where property sold by the personal representative for part
cash and part deferred payments consists of an undivided interest in
personal property or any other interest therein less than the entire
ownership and the owner or owners of the remaining interests therein
join in the sale, the note and security interest may be made to the
personal representative and such others having an interest in the
property.  The interest of the personal representative in the note
and security interest shall be in the same interest and in the same
proportions as the estate's interest in the property prior to the
sale.
10258.  (a) On petition of the personal representative, the court
may by order authorize a sale of personal property on credit on terms
providing for less than 25 percent of the purchase price to be paid
in cash at the time of sale, or may waive or modify the requirement
that a security interest or other lien shall be retained or taken to
secure payment of the balance of the purchase price, where it is
shown that the terms are to the advantage of the estate and the
property to be sold is of such a nature that it is impracticable to
sell the property for a larger cash payment at the time of sale or to
retain a security interest or other lien in the property.  The order
of the court shall fix the terms and conditions of the sale.
   (b) Notice of the hearing on the petition shall be posted as
provided in Section 1230 and given as provided in Section 1220 to all
of the following persons:
   (1) Each person listed in Section 1220.
   (2) Each known heir whose interest in the estate would be affected
by the sale.
   (3) Each known devisee whose interest in the estate would be
affected by the sale.
10259.  (a) Title to the following personal property passes upon
sale without the need for court confirmation or approval:
   (1) Personal property which is perishable, which will depreciate
in value if not disposed of promptly, or which will incur loss or
expense by being kept.
   (2) Personal property the sale of which is necessary to provide
for the payment of a family allowance pending receipt of other
sufficient funds.
   (b) Title to personal property sold at public auction passes
without the need  for court confirmation or approval upon receipt of
the purchase price and:
   (1) In the case of tangible personal property, the delivery of the
property to the purchaser.
   (2) In the case of intangible personal property, the delivery to
the purchaser of the instrument that transfers the title to the
property to the purchaser.
   (c) The personal representative is responsible for the actual
value of the property described in subdivision (a) or (b) unless the
sale is reported to and approved by the court.
10260.  (a) Except as provided in Sections 10200, 10201, 10202,
10259, and 10503, all sales of personal property shall be reported to
and be confirmed by the court before title to the property passes to
the purchaser, notwithstanding that the property is directed by the
will to be sold or authority is given in the will to sell the
property.
   (b) If the personal representative fails to file the report and a
petition for confirmation of the sale within 30 days after the sale,
the purchaser at the sale may file the report and petition for
confirmation of the sale.
   (c) Notice of the hearing on the petition for confirmation filed
under subdivision (a) or (b) shall be given as provided in Section
1220 and posted as provided in Section 1230.
10261.  (a) Except as provided in this subdivision, at the hearing
on the petition for confirmation of the sale, 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 the benefit to the interested persons in making the
sale.
   (b) 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.
   (c) Before confirming the sale of a partnership interest, whether
made to the  surviving partner or to any other person, the court
shall do both of the following:
   (1) Inquire into the condition of the partnership affairs.
   (2) Examine any surviving partner if that surviving partner is a
resident within the state at the time of the hearing and able to be
present in court.  The court may issue a citation to compel the
surviving partner to attend the hearing.
   (d) Upon its own motion or upon the request of the personal
representative, the agent or broker, or any other interested person,
made at the time of the confirmation hearing or at another time, the
court shall fix the compensation of the  agent or broker as provided
in Article 3 (commencing with Section 10160).
10262.  (a) Except as provided in subdivision (b), if a written
offer to purchase the property is made to the court at the hearing on
the petition for confirmation of the sale and the new bid is at
least 10 percent more than the amount stated in the report made to
the court, the court in its discretion may accept the new bid and
confirm the sale to the offeror, or may order a new sale, if all of
the following conditions are satisfied:
   (1) The original bid as stated in the report to the court is more
than one hundred dollars ($100) or, if the original bid is less than
one hundred dollars ($100), the new bid is at least one hundred
dollars ($100) more than the original bid.
   (2) The new bid is made by a responsible person.
   (3) The new bid complies with all provisions of law.
   (b) If there is more than one offer that satisfies the
requirements of subdivision (a), the court shall do one of the
following:
   (1) Accept the highest such offer and confirm the sale to the
offeror.
   (2) Order a new sale.
   (c) This section does not apply to a sale of property described in
Section 10259.
10263.  If notice of the sale was required, before an order is made
confirming the sale, it shall be proved to the satisfaction of the
court that notice of the sale was given as required by this article,
and the order of confirmation shall show that such proof was made.
10264.  No omission, error, or irregularity in the proceedings under
this article shall impair or invalidate the proceedings or the sale
pursuant to an order  made under this article.


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