Section 2557 Of Article 8. Notes, Mortgages, Leases, Conveyances, And Exchanges From California Probate Code >> Division 4. >> Part 4. >> Chapter 6. >> Article 8.
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.