Prob. Code, § 10001 · Article 1. General Provisions
Prob. Code, § 10001
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If the personal representative neglects or refuses to sell the property, any interested person may petition the court for an order requiring the personal representative to sell real or personal property of the estate in any of the following cases:
(1) Where the sale is necessary to pay debts, devises, family allowance, expenses of administration, or taxes.
(2) Where the sale is to the advantage of the estate and in the best interest of the interested persons.
(3) Where the property is directed by the will to be sold.
(b) Notice of the hearing on the petition shall be given as provided in Section 1220.
(c) Notice of the hearing on the petition also shall be given to the personal representative by citation served at least five days before the hearing.
Notes and commentary — not statutory text
History
Enacted by Stats. 1990, Ch. 79.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10001.
- Text hash
- sha256 3ecda1f1a3802fc29b245eeb8909f636c1473ce1d8cd98796fe0503b9542fda4
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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