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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 6. INDEPENDENT ADMINISTRATION OF ESTATES |
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Chapter 3. Administration Under Independent Administration Authority |
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ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances |
Section 10532.
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(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 representative may exercise this power without giving notice of proposed action under Chapter 4 (commencing with Section 10580).
(b) The personal representative shall comply with the requirements of Chapter 4 (commencing with Section 10580) where the contract is one that by its provisions is not to be fully performed within two years, except that the personal representative is not required to comply with those requirements if the personal representative has the unrestricted right under the contract to terminate the contract within two years.
(c) Nothing in this section excuses compliance with the requirements of Chapter 4 (commencing with Section 10580) when the contract is made to carry out the exercise of a specific power and the provision that grants that power requires compliance with Chapter 4 (commencing with Section 10580) for the exercise of the power.