§ 10590. — 10590. (Enacted by Stats. 1990, Ch. 79.)

California § 10590.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 7.: DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS
• Part 6.: PART 6. INDEPENDENT ADMINISTRATION OF ESTATES
• Ch. 4.: CHAPTER 4. Notice of Proposed Action Procedure

Text

(a)
Except as provided in subdivision (c), only a person described in Section 10581 has a right to have the court review the proposed action after it has been taken or otherwise to object to the proposed action after it has been taken. Except as provided in subdivisions (b) and (c), a person described in Section 10581 waives the right to have the court review the proposed action after it has been taken, or otherwise to object to the proposed action after it has been taken, if either of the following circumstances exists:
(1)
The person has been given notice of a proposed action, as provided in Sections 10580 to 10586, inclusive, and fails to object as provided in subdivision (d).
(2)
The person has waived notice of or consented to the proposed action as provided in Sections 10582 to 10584, inclusive.
(b)
Unless the person has waived notice of or consented to the proposed action as provided in Sections 10582 to 10584, inclusive, the court may review the action taken upon motion of a person described in Section 10581 who establishes that he or she did not actually receive the notice of proposed action before the time to object under subdivision (d) expires.
(c)
The court may review the action of the personal representative upon motion of an heir or devisee who establishes all of the following:
(1)
At the time the notice was given, the heir or devisee lacked capacity to object to the proposed action or was a minor.
(2)
No notice of proposed action was actually received by the guardian, conservator, or other legal representative of the heir or devisee.
(3)
The guardian, conservator, or other legal representative did not waive notice of proposed action.
(4)
The guardian, conservator, or other legal representative did not consent to the proposed action.
(d)
For the purposes of this section, an objection to a proposed action is made only by one or both of the following methods:
(1)
Delivering or mailing a written objection as provided in Section 10587 within the time specified in subdivision (c) of that section.
(2)
Serving a restraining order obtained under Section 10588 in the manner prescribed and within the time specified in subdivision (b) of that section.

Legislative History

Enacted by Stats. 1990, Ch. 79.