Published: 2015-07-09
Key Benefits:
After authorization by order of court obtained under this chapter, the personal representative may 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.)
To obtain an order under this chapter, the personal representative shall file a petition containing all of the following:
(a) A description of the real property.
(b) The terms and conditions of the proposed option.
(c) A showing that granting the option is to the advantage of the estate.
(Enacted by Stats. 1990, Ch. 79.)
The purchase price of the real property subject to the option shall be at least 90 percent of the appraised value of the real property. The appraisal shall be made in the manner provided in subdivision (c) of Section 10309 within one year prior to the hearing of the petition.
(Enacted by Stats. 1990, Ch. 79.)
Notice of the hearing on the petition shall be posted as provided in Section 1230 and given as provided in Section 1220 to all of the following persons:
(a) Each person listed in Section 1220.
(b) Each known heir whose interest in the estate would be affected by the granting of the option.
(c) Each known devisee whose interest in the estate would be affected by the granting of the option.
(Enacted by Stats. 1990, Ch. 79.)
(a) The court shall make an order authorizing the personal representative to grant the option upon the terms and conditions stated in the order if the court is satisfied as to all of the following:
(1) Good reason exists to grant the option and granting the option will be to the advantage of the estate.
(2) It does not appear that a higher offer with respect to the purchase price of the real property subject to the option may be obtained. An offer is a higher offer with respect to purchase price only if the offer satisfies the requirements of Section 10311 governing increased bids in real property sales.
(3) It does not appear that a better offer with respect to the terms of the option may be obtained. An offer is a better offer with respect to the terms of the option only if the offer is materially more advantageous to the estate.
(b) A higher offer made either for cash or on credit, whether on the same or different credit terms, or a better offer, shall be considered only if the personal representative informs the court in person or by counsel, before the court makes its order authorizing the granting of the option, that the offer is acceptable.
(Enacted by Stats. 1990, Ch. 79.)
An option granted pursuant to an order made under this chapter, whether within or beyond the administration of the estate, is subject to Chapter 4 (commencing with Section 884.010) of Title 5 of Part 2 of Division 2 of the Civil Code.
(Enacted by Stats. 1990, Ch. 79.)
No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the granting of an option pursuant to an order made under this chapter.
(Enacted by Stats. 1990, Ch. 79.)
