§ 2591.5. — 2591.5. (Amended by Stats. 2019, Ch. 847, Sec. 5.)

California § 2591.5.

• 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. 11.: ARTICLE 11. Independent Exercise of Powers

Text

(a)
Notwithstanding any other provisions of this article, a conservator seeking an order under Section 2590 authorizing a sale of the conservatee’s personal residence shall demonstrate to the court that the terms of sale, including the price for which the property is to be sold, the commissions to be paid from the estate, estimated capital gains income and tax consequences, and impact on access to governmental benefits, are in all respects in the best interests of the conservatee.
(b)
A conservator authorized to sell the conservatee’s personal residence pursuant to Section 2590 shall comply with the provisions of Section 10309 concerning appraisal or new appraisal of the property for sale and sale at a minimum offer price.
Notwithstanding Section 10309, if the last appraisal of the conservatee’s personal residence was conducted more than six months prior to the proposed sale of the property, a new appraisal shall be required prior to the sale of the property, unless the court finds that it is in the best interests of the conservatee to rely on an appraisal of the personal residence that was conducted not more than one year prior to the proposed sale of the property. For purposes of this section, the date of sale is the date of the contract for sale of the property.
(c)
Within 15 days of the close of escrow, the conservator shall serve a copy of the final escrow settlement statement on all persons entitled to notice of the petition for appointment for a conservator and all persons who have filed and served a request for special notice and shall file a copy of the final escrow statement along with a proof of service with the
court.

Legislative History

Amended by Stats. 2019, Ch. 847, Sec. 5. (SB 303) Effective January 1, 2020.