2005 California Probate Code Sections 2500-2507 Renewal, or Modification of Obligations

PROBATE CODE
SECTION 2500-2507

2500.  (a) Unless this article or some other applicable statute
requires court authorization or approval, if it is to the advantage
of the estate, the guardian or conservator may do any of the
following without court authorization, instruction, approval, or
confirmation:
   (1) Compromise or settle a claim, action, or proceeding by or for
the benefit of, or against, the ward or conservatee, the guardian or
conservator, or the estate, including the giving of a covenant not to
sue.
   (2) Extend, renew, or in any manner modify the terms of an
obligation owing to or running in favor of the ward or conservatee or
the estate.
   (b) Nothing in this section precludes the guardian or conservator
from seeking court authorization, instructions, approval, or
confirmation pursuant to Section 2403.
   (c) Upon petition of the ward or conservatee, a creditor, or any
interested person, or upon the court's own motion, the court may
limit the authority of the guardian or conservator under subdivision
(a).  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.
2501.  (a) Except as provided in subdivision (b), court approval is
required for a compromise, settlement, extension, renewal, or
modification which affects any of the following:
   (1) Title to real property.
   (2) An interest in real property or a lien or encumbrance on real
property.
   (3) An option to purchase real property or an interest in real
property.
   (b) If it is to the advantage of the estate, the guardian or
conservator without prior court approval may extend, renew, or modify
a lease of real property in either of the following cases:
   (1) Where under the lease as extended, renewed, or modified the
rental does not exceed five thousand dollars ($5,000) a month and the
term does not exceed two years.
   (2) Where the lease is from month to month, regardless of the
amount of the rental.
   (c) For the purposes of subdivision (b), if the lease as extended,
renewed, or modified gives the lessee the right to extend the term
of the lease, the length of the term shall be considered as though
the right to extend had been exercised.
2502.  Court approval is required for a compromise or settlement of
a matter when the transaction requires the transfer or encumbrance of
property of the estate, or the creation of an unsecured liability of
the estate, or both, in an amount or value in excess of twenty-five
thousand dollars ($25,000).
2503.  Court approval is required for any of the following:
   (a) A compromise or settlement of a claim by the ward or
conservatee against the guardian or conservator or against the
attorney for the guardian or conservator, whether or not the claim
arises out of the administration of the estate.
   (b) An extension, renewal, or modification of the terms of a debt
or similar obligation of the guardian or conservator, or of the
attorney for the guardian or conservator, owing to or running in
favor of the ward or conservatee or the estate.
2504.  Court approval is required for the compromise or settlement
of any of the following:
   (a) A claim for the support, maintenance, or education of (1) the
ward or conservatee, or (2) a person whom the ward or conservatee is
legally obligated to support, maintain, or educate, against any other
person (including, but not limited to, the spouse or parent of the
ward or the spouse, domestic partner, parent, or adult child of the
conservatee).
   (b) A claim of the ward or conservatee for wrongful death.
   (c) A claim of the ward or conservatee for physical or nonphysical
harm to the person.
2505.  (a) Subject to subdivision (c), where the claim or matter is
the subject of a pending action or proceeding, the court approval
required by this article shall be obtained from the court in which
the action or proceeding is pending.
   (b)  Where the claim or matter is not the subject of a pending
action or proceeding, the court approval required by this article
shall be obtained from one of the following:
   (1) The court in which the guardianship or conservatorship
proceeding is pending.
   (2) The superior court of the county where the ward or conservatee
or guardian or conservator resides at the time the petition for
approval is filed.
   (3) The superior court of any county where a suit on the claim or
matter properly could be brought.
   (c)  Where the claim or matter is the subject of a pending action
or proceeding that is not brought in a court of this state, court
approval required by this article shall be obtained from either of
the following:
   (1) The court in which the action or proceeding is pending.
   (2) The court in which the guardianship or conservatorship
proceeding is pending.
2506.  Where approval of the court in which the guardianship or
conservatorship proceeding is pending is required under this article,
the guardian or conservator shall file a petition with the court
showing the advantage of the compromise, settlement, extension,
renewal, or modification to the ward or conservatee and the estate.
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.
2507.  Notwithstanding Sections 2500 to 2506, inclusive:
   (a) Whenever another statute requires, provides a procedure for,
or dispenses with court approval of a compromise, settlement,
extension, renewal, or modification, the provisions of that statute
govern any case to which that statute applies.
   (b) Whenever another statute provides that a compromise or
settlement of an administrative proceeding is not valid unless
approved in such proceeding, the approval is governed by that
statute, and approval in the guardianship or conservatorship
proceeding is not required.


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