SECTIONS 9850-9851 - California Statutes

PROBATE CODE

SECTION 9850-9851

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.

9851. (a) Except as provided in subdivision (c), if it is to the
advantage of the estate for the personal representative to give a
partial satisfaction of a mortgage or to cause a partial reconveyance
to be executed by a trustee under a trust deed held by the estate,
the personal representative may, after authorization by order of the
court and upon such terms and conditions as may be imposed by the
court, give the partial satisfaction or cause the partial
reconveyance to be executed by the trustee.
(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 giving the partial satisfaction or
causing the partial reconveyance. Notice of the hearing on the
petition shall be given as provided in Section 1220.
(c) No authorization by the court is necessary for the personal
representative to give a partial satisfaction of a mortgage or to
cause a partial reconveyance to be executed by a trustee under a deed
of trust held by the estate if the partial satisfaction or partial
reconveyance is executed pursuant to the terms of the mortgage or
deed of trust held by the estate.