§ 2463. — 2463. (Amended by Stats. 2022, Ch. 91, Sec. 1.)

California § 2463.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 4.: DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS
• Part 4.: PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP
• Ch. 6.: CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate
• Art. 4.: ARTICLE 4. Estate Management Powers Generally

Text

(a)
The guardian or conservator may bring an action against the other cotenants for partition of any property in which the ward or conservatee has an undivided interest if the court has first made an order authorizing the guardian or conservator to do so. The court may make the order ex parte on a petition filed by the guardian or conservator.
(b)
The guardian or conservator may consent and agree, without an action, to a partition of the property and to the part to be set off to the estate, and may execute deeds or conveyances to the owners of the remaining interests of the parts to which they may be respectively entitled, if the court has made an order
under Article 5 (commencing with Section 2500) authorizing the guardian or conservator to do so.
(c)
If the ward or conservatee, or the guardian or conservator in that capacity, is made a defendant in a partition action, the guardian or conservator may defend the action without authorization of the court.
(d)
If the subject property is the conservatee’s present or former personal residence, the powers granted pursuant to subdivisions (a) and (b) of this section are subject to the requirements of Sections 2352.5, 2540, 2541, and 2541.5, which govern the sale and partition of a conservatee’s personal residence.

Legislative History

Amended by Stats. 2022, Ch. 91, Sec. 1. (SB 1005) Effective January 1, 2023.