Section 9762 Of Chapter 5. Operation Of Decedent’s Business From California Probate Code >> Division 7. >> Part 5. >> Chapter 5.
9762
. (a) After authorization by order of court upon a showing that
it would be to the advantage of the estate and in the best interest
of the interested persons, the personal representative may continue
as a general or a limited partner in any partnership in which the
decedent was a general partner at the time of death. In its order,
the court may specify any terms and conditions of the personal
representative's participation as a partner that the court determines
are to the advantage of the estate and in the best interest of the
interested persons, but any terms and conditions that are
inconsistent with the terms of any written partnership agreement are
subject to the written consent of all of the surviving partners.
(b) If there is a written partnership agreement permitting the
decedent's personal representative to participate as a partner, the
personal representative has all the rights, powers, duties, and
obligations provided in the written partnership agreement, except as
otherwise ordered by the court pursuant to subdivision (a).
(c) If there is not a written partnership agreement, the personal
representative has the rights, powers, duties, and obligations that
the court specifies in its order pursuant to subdivision (a).
(d) To obtain an order under this section, the personal
representative or any interested person shall file a petition showing
that the order requested would be to the advantage of the estate and
in the best interest of the interested persons. Notice of the
hearing on the petition shall be given as provided in Section 1220.
In addition, unless the court otherwise orders, the petitioner, not
less than 15 days before the hearing, shall cause notice of hearing
and a copy of the petition to be mailed to each of the surviving
general partners at his or her last known address.