Title PROB — California Prob. Code

(a) Subject to the limitations and conditions of this part, a personal representative who has been granted authority to administer the estate under this part may administer the estate as provided in this part without court supervision, but in all other respects the personal repre…

(a) Notwithstanding any other provision of this part, whether the personal representative has been granted full authority or limited authority, a personal representative who has obtained authority to administer the estate under this part is required to obtain court supervision, i…

(a) Subject to the conditions and limitations of this part and to Section 9600, a personal representative who has been granted authority to administer the estate under this part has the powers described in Article 2 (commencing with Section 10510), Article 3 (commencing with Sect…

Subject to the limitations and requirements of this part, when the personal representative exercises the authority to sell property of the estate under this part, the personal representative may sell the property either at public auction or private sale, and with or without notic…

The personal representative may exercise the powers described in this article only if the requirements of Chapter 4 (commencing with Section 10580) (notice of proposed action procedure) are satisfied. (Enacted by Stats. 1990, Ch. 79.)

The personal representative who has full authority has the power to sell or exchange real property of the estate. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to sell or incorporate any of the following: (a) An unincorporated business or venture in which the decedent was engaged at the time of the decedent’s death. (b) An unincorporated business or venture which was wholly or partly owned by th…

The personal representative has the power to abandon tangible personal property where the cost of collecting, maintaining, and safeguarding the property would exceed its fair market value. (Enacted by Stats. 1990, Ch. 79.)

(a) Subject to subdivision (b), the personal representative has the following powers: (1) The power to borrow. (2) The power to place, replace, renew, or extend any encumbrance upon any property of the estate. (b) Only a personal representative who has full authority has the powe…

The personal representative who has full authority has the power to grant an option to purchase real property of the estate for a period within or beyond the period of administration. (Enacted by Stats. 1990, Ch. 79.)

If the will gives a person the option to purchase real or personal property and the person has complied with the terms and conditions stated in the will, the personal representative has the power to convey or transfer the property to the person. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to convey or transfer real or personal property to complete a contract entered into by the decedent to convey or transfer the property. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to allow, compromise, or settle any of the following: (a) A third-party claim to real or personal property if the decedent died in possession of, or holding title to, the property. (b) The decedent’s claim to real or personal property tit…

The personal representative has the power to make a disclaimer. (Enacted by Stats. 1990, Ch. 79.)

If the time for filing claims has expired and it appears that the distribution may be made without loss to creditors or injury to the estate or any interested person, the personal representative has the power to make preliminary distributions of the following: (a) Income received…

Except to the extent that this article otherwise provides, the personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (Enacted by Stats. 1990, Ch. 79.)

(a) The personal representative has the power to manage and control property of the estate, including making allocations and determinations under the Uniform Principal and Income Act, Chapter 3 (commencing with Section 16320) of Part 4 of Division 9. Except as provided in subdivi…

(a) The personal representative has the power to enter into a contract in order to carry out the exercise of a specific power granted by this part, including, but not limited to, the powers granted by Sections 10531 and 10551. Except as provided in subdivision (b), the personal r…

(a) The personal representative has the power to do all of the following: (1) Deposit money belonging to the estate in an insured account in a financial institution in this state. (2) Invest money of the estate in any one or more of the following: (A) Direct obligations of the Un…

(a) Subject to the partnership agreement and the provisions of the Uniform Partnership Act of 1994 (Chapter 5 (commencing with Section 16100) of Title 2 of the Corporations Code), the personal representative has the power to continue as a general partner in any partnership in whi…

(a) The personal representative has the power to pay a reasonable family allowance. Except as provided in subdivision (b), the personal representative may exercise this power without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (b) The persona…

(a) The personal representative has the power to enter as lessor into a lease of property of the estate for any purpose (including, but not limited to, exploration for and production or removal of minerals, oil, gas, or other hydrocarbon substances or geothermal energy, including…

(a) The personal representative has the power to sell personal property of the estate or to exchange personal property of the estate for other property upon such terms and conditions as the personal representative may determine. Except as provided in subdivision (b), the personal…

(a) The personal representative has the following powers: (1) The power to grant an exclusive right to sell property for a period not to exceed 90 days. (2) The power to grant to the same broker one or more extensions of an exclusive right to sell property, each extension being f…

The personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4 (commencing with Section 10580). (Enacted by Stats. 1990, Ch. 79.)

In addition to the powers granted to the personal representative by other sections of this chapter, the personal representative has all the powers that the personal representative could exercise without court supervision under this code if the personal representative had not been…

The personal representative has the power to do all of the following: (a) Allow, pay, reject, or contest any claim by or against the estate. (b) Compromise or settle a claim, action, or proceeding by or for the benefit of, or against, the decedent, the personal representative, or…

The personal representative has the power to do all of the following: (a) Commence and maintain actions and proceedings for the benefit of the estate. (b) Defend actions and proceedings against the decedent, the personal representative, or the estate. (Enacted by Stats. 1990, Ch.…

The personal representative has the power to extend, renew, or in any manner modify the terms of an obligation owing to or in favor of the decedent or the estate. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to convey or transfer property in order to carry out the exercise of a specific power granted by this part. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to pay all of the following: (a) Taxes and assessments. (b) Expenses incurred in the collection, care, and administration of the estate. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to purchase an annuity from an insurer admitted to do business in this state to satisfy a devise of an annuity or other direction in the will for periodic payments to a devisee. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to exercise an option right that is property of the estate. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to purchase securities or commodities required to perform an incomplete contract of sale where the decedent died having sold but not delivered securities or commodities not owned by the decedent. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to hold a security in the name of a nominee or in any other form without disclosure of the estate, so that title to the security may pass by delivery. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to exercise security subscription or conversion rights. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to make repairs and improvements to real and personal property of the estate. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage or sale under the deed of trust. (Enacted by Stats. 1990, Ch. 79.)

The personal representative has the power to give a partial satisfaction of a mortgage or to cause a partial reconveyance to be executed by a trustee under a deed of trust held by the estate. (Enacted by Stats. 1990, Ch. 79.)

This section shall be known, and may be cited, as the Uniform Fiduciary Income and Principal Act.

The following definitions apply for purposes of this chapter: (a) “Accounting period” means a calendar year, unless a fiduciary selects another period of 12 calendar months or approximately 12 calendar months. The term includes a part of a calendar year or another period of 12 ca…

Except as otherwise provided in the terms of a trust or this chapter, this chapter applies to the following: (a) A trust or an estate. (b) A life estate or other term interest in which the interest of one or more persons will be succeeded by the interest of one or more other pers…

Except as otherwise provided in the terms of a trust or this chapter, this chapter applies when this state is the principal place of administration of a trust or estate or the situs of property that is not held in a trust or estate and is subject to a life estate or other term in…

(a) In making an allocation or determination or exercising discretion under this chapter, all of the following apply: (1) A fiduciary shall act in good faith, based on what is fair and reasonable to all beneficiaries. (2) A fiduciary shall administer a trust or decedent’s estate …

(a) For purposes of this section, “fiduciary decision” means any of the following: (1) A fiduciary’s allocation between income and principal or another determination regarding income and principal required or authorized by the terms of the trust or this chapter. (2) The fiduciary…

(a) Except as otherwise provided in the terms of a trust or this section, a fiduciary, in a record, without court approval, may adjust between income and principal if the fiduciary determines the exercise of the power to adjust will assist the fiduciary in administering the trust…

The following definitions apply for purposes of this article: (a) “Applicable value” means the amount of the net fair market value of a trust taken into account under Section 16336. (b) “Express unitrust” means a trust for which, under the terms of the trust without regard to thi…

(a) Except as otherwise provided in subdivision (b), this article applies to both of the following: (1) An income trust, unless the terms of the trust expressly prohibit use of this article by a specific reference to this article or an explicit expression of intent that net incom…

(a) A fiduciary, without court approval, by complying with subdivisions (b) and (f), may do any of the following: (1) Convert an income trust to a unitrust if the fiduciary creates in a record a unitrust plan for the trust providing for both of the following: (A) That in administ…

A notice required by paragraph (2) of subdivision (b) of Section 16332 shall be sent as required by Chapter 5 (commencing with Section 16500), including notice to a beneficiary who is a minor and to the minor’s guardian, if any, and shall include all of the following: (a) The act…