Prob. Code, § 10361.6 · Article 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder
Prob. Code, § 10361.6
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 3 of the Code of Civil Procedure on all of the following persons:
(1) The personal representative, if the personal representative is not the petitioner.
(2) The holder of any mortgage or other lien secured by the property that is sold.
(3) All agents or brokers entitled to compensation from the proceeds of the property that is sold.
(b) Except for those persons given notice pursuant to subdivision (a), notice of the hearing, together with a copy of 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) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.
(c) The court may not shorten the time for giving the notice of hearing under this section.
Notes and commentary — not statutory text
History
Added by Stats. 1996, Ch. 862, Sec. 28. Effective January 1, 1997.
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=10361.6.
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