Prob. Code, § 2463 · Article 4. Estate Management Powers Generally
Prob. Code, § 2463
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The guardian or conservator may bring an action against the other cotenants for partition of any property in which the ward or conservatee has an undivided interest if the court has first made an order authorizing the guardian or conservator to do so. The court may make the order ex parte on a petition filed by the guardian or conservator.
(b) The guardian or conservator may consent and agree, without an action, to a partition of the property and to the part to be set off to the estate, and may execute deeds or conveyances to the owners of the remaining interests of the parts to which they may be respectively entitled, if the court has made an order under Article 5 (commencing with Section 2500) authorizing the guardian or conservator to do so.
(c) If the ward or conservatee, or the guardian or conservator in that capacity, is made a defendant in a partition action, the guardian or conservator may defend the action without authorization of the court.
(d) If the subject property is the conservatee’s present or former personal residence, the powers granted pursuant to subdivisions (a) and (b) of this section are subject to the requirements of Sections 2352.5, 2540, 2541, and 2541.5, which govern the sale and partition of a conservatee’s personal residence.
Notes and commentary — not statutory text
History
Amended by Stats. 2022, Ch. 91, Sec. 1. (SB 1005) Effective January 1, 2023.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=2463.
- Text hash
- sha256 839096364bd00a7a367d4ecb953e0b732847a3075ce3104b8ae164565beeabb2
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Probate Code
- Prob. Code, § 2352.5Printed as Sections 2352.5, 2540, 2541, and 2541.5
- Prob. Code, div. 4, pt. 4, ch. 6, art. 5Compromise of Claims and Actions; Extension, Renewal, or Modification of ObligationsPrinted as Article 5 (commencing with Section 2500)
- Prob. Code, § 2540Printed as Sections 2352.5, 2540, 2541, and 2541.5
- Prob. Code, § 2541Printed as Sections 2352.5, 2540, 2541, and 2541.5
- Prob. Code, § 2541.5Printed as Sections 2352.5, 2540, 2541, and 2541.5
Cited by 1 provision
Provisions in this library whose text cites Prob. Code, § 2463. Each shows the citation as that text prints it.
Probate Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.