Whenever the partition of an inheritance is made wherein minors or incapacitated persons are interested, if property of the estate is to be adjudicated in payment of debts to heirs or others, the matter shall be submitted to the part of the Court of First Instance of competent jurisdiction for approval, and if said court, after hearing the prosecuting attorney, becomes convinced of the certainty of the debt and that the adjudication in payment of same is reasonable and just, it may approve such adjudication in payment of the debt without a public sale.
History —Code Civil Proc., 1933, § 605.