Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Unless the court orders otherwise pursuant to subdivision (b):
(1) A sale of personal property at a public auction sale shall be made within this state at the courthouse door, at the auction house, at some other public place, or at the residence of the decedent.
(2) No public auction sale shall be made of any tangible personal property that is not present at the time of sale.
(b) Upon petition of the personal representative or any interested person, the court may order either or both of the following:
(1) That a sale of personal property at public auction be made at any place within or without the United States.
(2) That tangible personal property need not be present at the time of sale.
(c) The personal representative may postpone a public auction sale of personal property from time to time if all of the following conditions are satisfied:
(1) The personal representative believes that the postponement is to the advantage of the estate.
(2) Notice of the postponement is given by public declaration at the time and place appointed for the sale.
(3) The postponement, together with previous postponements of sale of the property, does not exceed three months.
Cite this article: FindLaw.com - California Code, Probate Code - PROB § 10254 - last updated January 01, 2025 | https://codes.findlaw.com/ca/probate-code/prob-sect-10254/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)