Section 9760 Of Chapter 5. Operation Of Decedent’s Business From California Probate Code >> Division 7. >> Part 5. >> Chapter 5.
9760
. (a) As used in this section, "decedent's business" means an
unincorporated business or venture in which the decedent was engaged
or which was wholly or partly owned by the decedent at the time of
the decedent's death, but does not include a business operated by a
partnership in which the decedent was a partner.
(b) If it is to the advantage of the estate and in the best
interest of the interested persons, the personal representative, with
or without court authorization, may continue the operation of the
decedent's business; but the personal representative may not continue
the operation of the decedent's business for a period of more than
six months from the date letters are first issued to a personal
representative unless a court order has been obtained under this
section authorizing the personal representative to continue the
operation of the business.
(c) The personal representative or any interested person may file
a petition requesting an order (1) authorizing the personal
representative to continue the operation of the decedent's business
or (2) directing the personal representative to discontinue the
operation of the decedent's business. The petition shall show the
advantage to the estate and the benefit to the interested persons of
the order requested. Notice of the hearing on the petition shall be
given as provided in Section 1220.
(d) If a petition is filed under this section, the court may make
an order that either:
(1) Authorizes the personal representative to continue the
operation of the decedent's business to such an extent and subject to
such restrictions as the court determines to be to the advantage of
the estate and in the best interest of the interested persons.
(2) Directs the personal representative to discontinue the
operation of the decedent's business within the time specified in,
and in accordance with the provisions of, the order.