State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 9830-9839

PROBATE CODE
SECTION 9830-9839



9830.  (a) Unless this chapter or some other applicable statute
requires court authorization or approval, if it is to the advantage
of the estate, the personal representative may do any of the
following without court authorization, instruction, approval, or
confirmation:
   (1) Compromise or settle a claim, action, or proceeding by or for
the benefit of, or against, the decedent, the personal
representative, or the estate, including the giving of a covenant not
to sue.
   (2) Extend, renew, or in any manner modify the terms of an
obligation owing to or in favor of the decedent or the estate.
   (3) Release, in whole or in part, any claim belonging to the
estate to the extent that the claim is uncollectible.
   (b) Nothing in this section precludes the personal representative
from seeking court authorization pursuant to the provisions of this
chapter.
   (c) Upon petition of an interested person or upon the court's own
motion, the court may limit the authority of the personal
representative under subdivision (a). Notice of the hearing on the
petition shall be given as provided in Section 1220.



9831.  Unless the time for filing creditor claims has expired,
authorization by order of court is required for a compromise or
settlement of a claim, action, or proceeding by or for the benefit
of, or against, the decedent, the personal representative, or the
estate.



9832.  (a) Except as provided in subdivision (b), authorization by
order of court is required for a compromise, settlement, extension,
renewal, or modification which affects any of the following:
   (1) Title to real property.
   (2) An interest in real property or a lien or encumbrance on real
property.
   (3) An option to purchase real property or an interest in real
property.
   (b) If it is to the advantage of the estate, the personal
representative without prior court authorization may extend, renew,
or modify a lease of real property in either of the following cases:
   (1) Where under the lease as extended, renewed, or modified the
rental does not exceed five thousand dollars ($5,000) a month and the
term does not exceed one year.
   (2) Where the lease is from month to month, regardless of the
amount of the rental.
   (c) For the purposes of subdivision (b), if the lease as extended,
renewed, or modified gives the lessee the right to extend the term
of the lease, the length of the term shall be considered as though
the right to extend had been exercised.



9833.  Authorization by order of court is required for a compromise
or settlement of a matter when the transaction requires the transfer
or encumbrance of property of the estate, or the creation of an
unsecured liability of the estate, or both, in an amount or value in
excess of twenty-five thousand dollars ($25,000).




9834.  Authorization by order of court is required for any of the
following:
   (a) A compromise or settlement of a claim by the estate against
the personal representative or the personal representative's
attorney, whether or not the claim arises out of the administration
of the estate.
   (b) An extension, renewal, or modification of the terms of a debt
or similar obligation of the personal representative, or the personal
representative's attorney, owing to, or in favor of, the estate.




9835.  Authorization by order of court is required for the
compromise or settlement of a claim or right of action given to the
personal representative by any law for the wrongful death or injury
of the decedent, including any action brought by the personal
representative in attempting enforcement of the claim or right of
action. Authorization to compromise or settle the claim or right of
action includes authorization to give a covenant not to sue.



9836.  The court authorization required by this chapter shall be
obtained from the court in which the estate is being administered.



9837.  (a) A petition for an order authorizing a compromise,
settlement, extension, renewal, or modification under this chapter
may be filed by any of the following:
   (1) The personal representative.
   (2) Any interested person who has obtained the written approval of
the personal representative to file the petition.
   (b) The petition shall show the terms of the compromise,
settlement, extension, renewal, or modification and its advantage to
the estate.
   (c) Notice of the hearing on the petition shall be given as
provided in Section 1220.


9838.  (a) If an order made under Section 9837 authorizes a
compromise or settlement that requires the transfer of real property
of the estate, the personal representative shall execute a conveyance
of the real property to the person entitled thereto under the
compromise or settlement. The conveyance shall refer to the order
authorizing the compromise or settlement and directing that the
conveyance be executed. A certified copy of the order shall be
recorded in the office of the county recorder in each county in which
any portion of the real property is located.
   (b) A conveyance made in compliance with the court order
authorizing the compromise or settlement and directing the conveyance
to be executed vests in the person to whom the property is
transferred both of the following:
   (1) All the right, title, and interest which the decedent had in
the property at the time of the decedent's death.
   (2) Any other or additional right, title, or interest in the
property acquired by the estate of the decedent, by operation of law
or otherwise, prior to the transfer.



9839.  If the personal representative pays a claim for less than its
full amount, the personal representative's accounts may be credited
only for the amount actually paid.