California Probate Code

§ 2464

PROB § 2464Div. 4 · Part 4 · Ch. 6 · Art. 4

Statute text

(a)If it is to the advantage of the estate to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage or sale under the deed of trust, the guardian or conservator may, after authorization by order of the court and upon such terms and conditions as may be imposed by the court, accept a deed conveying the property to the ward or conservatee.

(b)To obtain an order under this section, the guardian or conservator shall file a petition showing the advantage to the estate of accepting the deed. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.

(c)The court shall make an order under this section only if the advantage to the estate of accepting the deed is shown by clear and convincing evidence.

Legislative history

Enacted by Stats. 1990, Ch. 79.