Chapter 4 - Notice of Proposed Action Procedure

California Probate Code — §§ 10580-10592

Sections (13)

Enacted by Stats. 1990, Ch. 79.

(a)A personal representative who has been granted authority to administer the estate under this part shall give notice of proposed action as provided in this chapter prior to the taking of the proposed action without court supervision if the provision of Chapter 3 (commencing with Section 10500) giving the personal representative the power to take the action so requires. Nothing in this subdivision authorizes a personal representative to take an action under this part if the personal representative does not have the power to take the action under this part.

(b)A personal representative who has been granted authority to administer the estate under this part may give notice of proposed action as provided in this chapter even if the provision of Chapter 3 (commencing with Section 10500) giving the personal representative the power to take the action permits the personal representative to take the action without giving notice of proposed action. Nothing in this subdivision requires the personal representative to give notice of proposed action where not required under subdivision (a) or authorizes a personal representative to take any action that the personal representative is not otherwise authorized to take.

§ 10581

Enacted by Stats. 1990, Ch. 79.

Except as provided in Sections 10582 and 10583, notice of proposed action shall be given to all of the following:

(a)Each known devisee whose interest in the estate would be affected by the proposed action.

(b)Each known heir whose interest in the estate would be affected by the proposed action.

(c)Each person who has filed a request under Chapter 6 (commencing with Section 1250) of Part 2, of Division 3 for special notice of petitions filed in the administration proceeding.

(d)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 proposed action.

§ 10582

Enacted by Stats. 1990, Ch. 79.

Notice of proposed action need not be given to any person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken.

§ 10583

Enacted by Stats. 1990, Ch. 79.

(a)Notice of proposed action need not be given to any person who, in writing, waives the right to notice of proposed action with respect to the particular proposed action. The waiver may be executed at any time before or after the proposed action is taken. The waiver shall describe the particular proposed action and may waive particular aspects of the notice, such as the delivery, mailing, or time requirements of Section 10586, or the giving of the notice in its entirety for the particular proposed action.

(b)Notice of proposed action need not be given to any person who has executed the Statutory Waiver of Notice of Proposed Action Form prescribed by the Judicial Council and in that form has made either of the following:

(1)A general waiver of the right to notice of proposed action.

(2)A waiver of the right to notice of proposed action for all transactions of a type which includes the particular proposed action.

§ 10584

Enacted by Stats. 1990, Ch. 79.

(a)A waiver or consent may be revoked only in writing and is effective only when the writing is received by the personal representative.

(b)A copy of the revocation may be filed with the court, but the effectiveness of the revocation is not dependent upon a copy being filed with the court.

§ 10585

Amended by Stats. 2017, Ch. 319, Sec. 80. (AB 976) Effective January 1, 2018.

(a)The notice of proposed action shall state all of the following:

(1)The name, mailing address, and electronic address of the personal representative.

(2)The name, telephone number, and electronic address of a person who may be contacted for additional information.

(3)The action proposed to be taken, with a reasonably specific description of the action. If the proposed action involves the sale or exchange of real property, or the granting of an option to purchase real property, the notice of proposed action shall state the

material terms of the transaction, including, if applicable, the sale price and the amount of, or method of calculating, any commission or compensation paid or to be paid to an agent or broker in connection with the transaction.

(4)The date on or after which the proposed action is to be taken.

(b)The notice of proposed action may be given using the most current Notice of Proposed Action form prescribed by the Judicial Council.

(c)If the most current form prescribed by the Judicial Council is not used to give notice of proposed action, the notice of proposed action shall satisfy all of the following requirements:

(1)The notice of proposed action shall be in

substantially the same form as the form prescribed by the Judicial Council.

(2)The notice of proposed action shall contain the statements described in subdivision (a).

(3)The notice of proposed action shall contain a form for objecting to the proposed action in substantially the form set out in the Judicial Council form.

§ 10586

Amended by Stats. 2017, Ch. 319, Sec. 81. (AB 976) Effective January 1, 2018.

The notice of proposed action shall be delivered pursuant to Section 1215 to each person required to be given notice of proposed action not less than 15 days before the date specified in the notice of proposed action on or after which the proposed action is to be taken. If mailed, the notice of proposed action shall be addressed to the person at the person’s last known address.

§ 10587

Amended by Stats. 2017, Ch. 319, Sec. 82. (AB 976) Effective January 1, 2018.

(a)Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section.

(b)The objection to the proposed action is made by delivering pursuant to Section 1215 a written objection to the proposed action to the personal representative at the address stated in the notice of proposed action. The person objecting to the proposed action either may use the Judicial Council form or may make the objection in any other writing that identifies the proposed action with reasonable certainty and indicates that the person objects to the taking of the proposed action.

(c)The personal representative is deemed to have notice of the objection to the proposed action if it is delivered or received at the address stated in the notice of proposed action before whichever of the following times is the later:

(1)The date specified in the notice of proposed action on or after which the proposed action is to be taken.

(2)The date the proposed action is actually taken.

§ 10588

Enacted by Stats. 1990, Ch. 79.

(a)Any person who is entitled to notice of proposed action for a proposed action described in subdivision (a) of Section 10580, or any person who is given notice of a proposed action described in subdivision (b) of Section 10580, may apply to the court having jurisdiction over the proceeding for an order restraining the personal representative from taking the proposed action without court supervision. The court shall grant the requested order without requiring notice to the personal representative and without cause being shown for the order.

(b)The personal representative is deemed to have notice of the restraining order if it is served upon the personal representative in the same manner as is provided for in Section 415.10 or 415.30 of the Code of Civil Procedure, or in the manner authorized by the court, before whichever of the following times is the later:

(1)The date specified in a notice of proposed action on or after which the proposed action is to be taken.

(2)The date the proposed action is actually taken.

§ 10589

Amended by Stats. 1991, Ch. 82, Sec. 26. Effective June 30, 1991. Operative July 1, 1991, by Sec. 31 of Ch. 82.

(a)If the proposed action is one that would require court supervision if the personal representative had not been granted authority to administer the estate under this part and the personal representative has notice of a written objection made under Section 10587 to the proposed action or a restraining order issued under Section 10588, the personal representative shall, if the personal representative desires to take the proposed action, take the proposed action under the provisions of this code dealing with court supervision of that kind of action.

(b)If the proposed action is one that would not require court supervision even if the personal representative had not been granted authority to administer the estate under this part but the personal representative has given notice of the proposed action and has notice of a written objection made under Section 10587 to the proposed action or a restraining order issued under Section 10588, the personal representative shall, if he or she desires to take the proposed action, request instructions from the court concerning the proposed action. The personal representative may take the proposed action only under such order as may be entered by the court.

(c)A person who objects to a proposed action as provided in Section 10587 or serves a restraining order issued under Section 10588 in the manner provided in that section shall be given notice of any hearing on a petition for court authorization or confirmation of the proposed action.

§ 10590

Enacted by Stats. 1990, Ch. 79.

(a)Except as provided in subdivision (c), only a person described in Section 10581 has a right to have the court review the proposed action after it has been taken or otherwise to object to the proposed action after it has been taken. Except as provided in subdivisions (b) and (c), a person described in Section 10581 waives the right to have the court review the proposed action after it has been taken, or otherwise to object to the proposed action after it has been taken, if either of the following circumstances exists:

(1)The person has been given notice of a proposed action, as provided in Sections 10580 to 10586, inclusive, and fails to object as provided in subdivision (d).

(2)The person has waived notice of or consented to the proposed action as provided in Sections 10582 to 10584, inclusive.

(b)Unless the person has waived notice of or consented to the proposed action as provided in Sections 10582 to 10584, inclusive, the court may review the action taken upon motion of a person described in Section 10581 who establishes that he or she did not actually receive the notice of proposed action before the time to object under subdivision (d) expires.

(c)The court may review the action of the personal representative upon motion of an heir or devisee who establishes all of the following:

(1)At the time the notice was given, the heir or devisee lacked capacity to object to the proposed action or was a minor.

(2)No notice of proposed action was actually received by the guardian, conservator, or other legal representative of the heir or devisee.

(3)The guardian, conservator, or other legal representative did not waive notice of proposed action.

(4)The guardian, conservator, or other legal representative did not consent to the proposed action.

(d)For the purposes of this section, an objection to a proposed action is made only by one or both of the following methods:

(1)Delivering or mailing a written objection as provided in Section 10587 within the time specified in subdivision (c) of that section.

(2)Serving a restraining order obtained under Section 10588 in the manner prescribed and within the time specified in subdivision (b) of that section.

§ 10591

Enacted by Stats. 1990, Ch. 79.

(a)The failure of the personal representative to comply with subdivision (a) of Section 10580 and with Sections 10581, 10585, 10586, and 10589, and the taking of the action by the personal representative without such compliance, does not affect the validity of the action so taken or the title to any property conveyed or transferred to bona fide purchasers or the rights of third persons who, dealing in good faith with the personal representative, changed their position in reliance upon the action, conveyance, or transfer without actual notice of the failure of the personal representative to comply with those provisions.

(b)No person dealing with the personal representative has any duty to inquire or investigate whether or not the personal representative has complied with the provisions listed in subdivision (a).

§ 10592

Enacted by Stats. 1990, Ch. 79.

(a)In a case where notice of proposed action is required by this chapter, the court in its discretion may remove the personal representative from office unless the personal representative does one of the following:

(1)Gives notice of proposed action as provided in this chapter.

(2)Obtains a waiver of notice of proposed action as provided in this chapter.

(3)Obtains a consent to the proposed action as provided in this chapter.

(b)The court in its discretion may remove the personal representative from office if the personal representative takes a proposed action in violation of Section 10589.