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California Law (Last Updated: March 4, 2014) |
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Probate Code - PROB |
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Division 7. ADMINISTRATION OF ESTATES OF DECEDENTS |
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Part 5. ESTATE MANAGEMENT |
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Chapter 18. Sales |
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ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder |
Section 10361.
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(a) If encumbered property is sold, the purchase money shall be applied in the following order:
(1) Expenses of administration which are reasonably related to the administration of the property sold as provided in paragraph (1) of subdivision (a) of Section 11420.
(2) The payment of the expenses of the sale.
(3) The payment and satisfaction of the amount secured by the lien on the property sold if payment and satisfaction of the lien is required under the terms of the sale.
(4) Application in the course of administration.
(b) The application of the purchase money, after the payment of those expenses set forth in paragraphs (1) and (2) of subdivision (a), to the payment and satisfaction of the amount secured by the lien on the property sold shall be made without delay; and, subject to Section 10362, the property sold remains subject to the lien until the purchase money has been actually so applied.