Skip to main content

California Code, Probate Code - PROB § 10588

Welcome to FindLaw's Cases & Codes, 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.

(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.

Cite this article: - California Code, Probate Code - PROB § 10588 - last updated January 01, 2019 |

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 or via Westlaw before relying on it for your legal needs.

Copied to clipboard