Prob. Code, § 10259 · Article 5. Sale of Personal Property
Prob. Code, § 10259
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
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=10259.
- Text hash
- sha256 f5f548ef68c88e3fcf084cb9ced67e7a59a8169b1a5f0ed0108f81b04c22bca7
- 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 5 provisions
Provisions in this library whose text cites Prob. Code, § 10259. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.