2021 California Code
Probate Code - PROB
DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS
PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP
CHAPTER 6 - Powers and Duties of Guardian or Conservator of the Estate
ARTICLE 8 - Notes, Mortgages, Leases, Conveyances, and Exchanges
Section 2557.
(a) Whenever it is for the advantage, benefit, and best interests of the ward or conservatee and those legally entitled to support, maintenance, or education from the ward or conservatee, the guardian or conservator, after authorization by order of the court, may exchange any property of the estate for other property upon such terms and conditions as may be prescribed by the court. The terms and conditions prescribed by the court may include the payment or receipt of part cash by the guardian or conservator.
(b) To obtain an order under this section, the guardian or conservator or any interested person shall file a petition containing all of the following:
(1) A description of the property.
(2) The terms and conditions of the proposed exchange.
(3) A showing that the proposed exchange is for the advantage, benefit, and best interests of the ward or conservatee and those legally entitled to support, maintenance, or education from the ward or conservatee.
(c) Except as provided in subdivision (d), 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.
(d) If the petition is for authorization to exchange stocks, bonds, or other securities as defined in Section 10200 for different stocks, bonds, or other securities, the court, upon a showing of good cause, may order that the notice be given for a shorter period or be dispensed with.
(e) After authorization by order of the court, the guardian or conservator may execute the conveyance or transfer to the person with whom the exchange is made to effectuate the exchange.
(f) No omission, error, or irregularity in the proceedings under this section shall impair or invalidate the proceedings or the exchange made pursuant to an order made under this section.
(Enacted by Stats. 1990, Ch. 79.)
