Simonini

Intervener Roman Catholic Bishop of Santa Rosa appeals from the trial court’s order awarding a commission on the estate sale of certain real property to real party in interest, Key land Properties, Inc. (Key land). Intervener contends that the Probate Code does not authorize such a commission. We agree and reverse.

The present controversy evolves out of a partition action involving the estates of two individuals who held a joint tenancy interest in a parcel of real property. Intervener was allowed to intervene in the action because, as sole distributee of defendant estate, he had an expectant two-thirds interest in the property.

On February 2, 1982, the trial court entered a stipulated interlocutory judgment ordering a sale of the real property. The court appointed a referee to appraise and sell the property either in a public sale or by private sale conducted as “private sales of real property of estates of deceased persons as required by law.”

The referee did not list the property with a real estate broker or agent. On February 5, 1982, he reported to the trial court that he had accepted an offer to purchase the property from John Andersen, who was represented by the…