DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS 7000-12591›PART 5. ESTATE MANAGEMENT 9600-10382›CHAPTER 18. Sales 10000-10382›ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder 10360-10363
§ 10362
California Probate Code · 2026-09 edition · updated 2026-10-03 · California
(a) If encumbered property is sold, the purchase money, or so much of the purchase money as is sufficient to pay the amount secured by the lien on the property sold and the expenses of the sale, may be paid to the clerk of the court. Upon the payment being so made, the lien on the property sold ceases.
(b) The clerk of court without delay shall use the money paid to the clerk under this section to pay the expenses of the sale and to pay and satisfy the amount secured by the lien on the property sold. The clerk shall at once return the surplus, if any, to the personal representative unless the court, for good cause shown and after notice to the personal representative, otherwise orders.
(Enacted by Stats. 1990, Ch. 79.)
Get a plain-English answer with a citation back to this text.
Ask AI about this code