Prob. Code, § 2541 · Article 7. Sales
Prob. Code, § 2541
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
The guardian or conservator may sell real or personal property of the estate, consent and agree to partition of real or personal property of the estate, or bring an action for partition of real or personal property of the estate, in any of the following cases:
(a) If the income of the estate is insufficient for the comfortable and suitable support, maintenance, and education of the ward or conservatee (including care, treatment, and support of the ward or conservatee if a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services) or of those legally entitled to support, maintenance, or education from the ward or conservatee.
(b) If the sale or partition is necessary to pay the debts referred to in Sections 2430 and 2431.
(c) If the sale or partition is for the advantage, benefit, and best interest of (1) the ward or conservatee, (2) the estate, or (3) the ward or conservatee and those legally entitled to support, maintenance, or education from the ward or conservatee.
Notes and commentary — not statutory text
History
Amended by Stats. 2022, Ch. 91, Sec. 3. (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=2541.
- Text hash
- sha256 c326dacea3da6d87fc7ee1886841fc1359832705ea380a86751f8fb0ae66f51c
- 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.
Cited by 8 provisions
Provisions in this library whose text cites Prob. Code, § 2541. Each shows the citation as that text prints it.
Probate Code
- Prob. Code, § 2463Printed as Sections 2352.5, 2540, 2541, and 2541.5
- Prob. Code, § 2541.5Printed as Section 2541
- Prob. Code, § 2544Printed as Section 2541
- Prob. Code, § 2544.5Printed as Section 2541
- Prob. Code, § 2545Printed as Section 2541
- Prob. Code, § 2551Printed as Section 2541
- Prob. Code, § 2591Printed as Sections 2352.5, 2540, 2541, and 2541.5
Welfare and Institutions 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.