California Probate Code

§ 10588

PROB § 10588Div. 7 · Part 6 · Ch. 4

Statute text

(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.

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Legislative history

Enacted by Stats. 1990, Ch. 79.