Prob. Code, § 10254 · Article 5. Sale of Personal Property
Prob. Code, § 10254
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
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=10254.
- Text hash
- sha256 5857670030fc08acf22d8d96a6fa7cf6edd5884428ed9b9e968c1bb23053e997
- 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
Cited by 1 provision
Provisions in this library whose text cites Prob. Code, § 10254. Each shows the citation as that text prints it.
Probate Code
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