Section 9850 Of Chapter 10. Acceptance Of Deed In Lieu Of Foreclosure Or Trustee’s Sale; Grant Of Partial Satisfaction Or Partial Reconveyance From California Probate Code >> Division 7. >> Part 5. >> Chapter 10.
9850
. (a) If it is to the advantage of the estate to accept a deed
to property which is subject to a mortgage or deed of trust in lieu
of foreclosure of the mortgage or sale under the deed of trust, the
personal representative may, after authorization by order of the
court and upon such terms and conditions as may be imposed by the
court, accept a deed conveying the property to the heirs or devisees
of the decedent, subject to administration.
(b) To obtain an order under this section, the personal
representative or any interested person shall file a petition showing
the advantage to the estate of accepting the deed. Notice of the
hearing on the petition shall be given as provided in Section 1220.
(c) The court shall make an order under this section only if the
advantage to the estate of accepting the deed is shown by clear and
convincing evidence.