Section § 9920

Explanation

This law allows the personal representative of an estate to trade the estate's property for different property if it benefits the estate. Before doing so, they must get approval from the court, which will set the terms and conditions for the exchange. These terms might include making or receiving a partial cash payment as part of the deal.

If it is to the advantage of the estate to exchange property of the estate for other property, the personal representative may, after authorization by order of court obtained under this chapter and upon such terms and conditions as may be prescribed by the court, exchange the property for the other property. The terms and conditions prescribed by the court may include the payment or receipt of part cash by the personal representative.

Section § 9921

Explanation

To get approval for an action under this law, someone like a personal representative or someone with interest in the estate must submit a petition. This petition has to include: a detailed description of the property, the details of the exchange they're planning, and proof that this exchange benefits the estate.

To obtain an order under this chapter, the personal representative or any interested person shall file a petition containing all of the following:
(a)CA Probate Code § 9921(a) A description of the property.
(b)CA Probate Code § 9921(b) The terms and conditions of the proposed exchange.
(c)CA Probate Code § 9921(c) A showing that the proposed exchange is to the advantage of the estate.

Section § 9922

Explanation

This law explains how notice must be given for a hearing about a petition related to probate processes. Normally, notice is given according to certain rules, but if the petition is about exchanging certain securities for others, the court can allow shorter notice or even skip the notice if there's a good reason. This decision can be made without a full court hearing.

(a)CA Probate Code § 9922(a) Except as provided in subdivision (b), notice of the hearing on the petition shall be given as provided in Section 1220.
(b)CA Probate Code § 9922(b) If the petition is for authorization to exchange securities as defined in Section 10200 for different securities, the court, upon a showing of good cause, may order that the notice be given for a shorter period or that the notice be dispensed with. The order provided by this subdivision may be made ex parte.

Section § 9923

Explanation

This law states that if there's a mistake, error, or any irregularity during the proceedings related to this chapter, it won't affect or nullify those proceedings or the exchange made by an order under this chapter.

No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the exchange made pursuant to an order made under this chapter.