2007 California Probate Code Chapter 2. Granting Or Revoking Independent Administration Authority

CA Codes (prob:10450-10454)

10450.  (a) To obtain authority to administer the estate under this
part, the  personal representative shall petition the court for that
authority either in the petition for appointment of the personal
representative or in a separate petition filed in the estate
proceedings.
   (b) The petition may request either of the following:
   (1) Full authority to administer the estate under this part.
   (2) Limited authority to administer the estate under this part.



10451.  (a) If the authority to administer the estate under this
part is requested in the petition for appointment of the personal
representative, notice of the hearing on the petition shall be given
for the period and in the manner applicable to the petition for
appointment.
   (b) Where proceedings for the administration of the estate are
pending at the  time a petition is filed under Section 10450, notice
of the hearing on the petition shall be 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 petition.
   (3) Each known devisee whose interest in the estate would be
affected by the petition.
   (4) Each person named as executor in the will of the decedent.
   (c) The notice of hearing of the petition for authority to
administer the estate under this part, whether included in the
petition for appointment or in a separate petition, shall include the
substance of the following statement:  "The petition requests
authority to administer the estate under the Independent
Administration of Estates Act.  This will avoid the need to obtain
court approval for many actions taken in connection with the estate.
However, before taking certain actions, the personal representative
will be required to give notice to interested persons unless they
have waived notice or have consented to the proposed action.
Independent administration authority will be granted unless good
cause is shown why it should not be."



10452.  Unless an interested person objects as provided in Section
1043 to the granting of authority to administer the estate under this
part and the court determines that the objecting party has shown
good cause why the authority to administer the estate under this part
should not be granted, the court shall grant the requested
authority.  If the objecting party has shown good cause  why only
limited authority should be granted, the court shall grant only
limited authority.



10453.  (a) If the personal representative is otherwise required to
file a bond and has full authority, the court, in its discretion,
shall fix the amount of the bond at not more than the estimated value
of the personal property, the estimated value of the decedent's
interest in the real property authorized to be  sold under this part,
and the probable annual gross income of the estate, or, if the bond
is to be given by personal sureties, at not less than twice that
amount.
   (b) If the personal representative is otherwise required to file a
bond and has limited authority, the court, in its discretion, shall
fix the amount of the bond at not more than the estimated value of
the personal property and the probable annual gross income of the
estate, or, if the bond is to be given by personal sureties, at not
less than twice that amount.



10454.  (a) Any interested person may file a petition requesting
that the court make either of the following orders:
   (1) An order revoking the authority of the personal representative
to continue administration of the estate under this part.
   (2) An order revoking the full authority of the personal
representative to administer the estate under this part and granting
the personal representative limited authority to administer the
estate under this part.
   (b) The petition shall set forth the basis for the requested
order.
   (c) Notice of the hearing on the petition shall be given as
provided in Section 1220.  In addition, the personal representative
shall be served with a copy of the petition and a notice of the time
and place of the hearing at least 15 days prior to the hearing.
Service on the personal representative shall be made in the manner
provided in Section 415.10 or 415.30 of the Code of Civil Procedure
or in such manner as may be authorized by the court.
   (d) If the court determines that good cause has been shown, the
court shall make an order revoking the authority of the personal
representative to continue administration of the estate under this
part.  Upon the making of the order, new letters shall be issued
without the notation described in subdivision (c) of Section 8405.
   (e) If the personal representative was granted full authority and
the court determines that good cause has been shown, the court shall
make an order revoking the full authority and granting the personal
representative limited authority.  Upon the making of the order, new
letters shall be issued with the notation described in subdivision
(c) of Section 8405 that is required where the authority granted is
limited authority.