§ 28-51-301. Sale, mortgage, or lease
(a) (1) Upon petition of a personal representative, the court having jurisdiction of the administration of the estate may order the sale, mortgage, or lease of real property of the estate, or timber thereon located, or oil, gas, or other minerals or mineral rights or interests appertaining thereto, or any part of or interest in […]
§ 28-51-302. Appraisal
(a) (1) Before a personal representative shall sell real property, he or she shall have it appraised by three (3) disinterested persons, selected by him or her, unless appointed by the court, who are well informed concerning the value of real property in the vicinity. (2) However, unless there is an objection by an heir […]
§ 28-51-303. Order for sale, mortgage, or lease
(a) The order for sale, mortgage, or lease shall describe the property to be sold, mortgaged, or leased and may designate the sequence in which the several parcels shall be sold, mortgaged, or leased. (b) (1) The order shall contain appropriate provisions with respect to the bond of the personal representative and shall direct whether […]
§ 28-51-304. Sales at public auction
(a) (1) In all sales of real property at public auction, the personal representative shall give notice of the sale, particularly describing the property to be sold, and stating the time, place, and terms of sale. (2) The notice shall be printed one (1) time a week for three (3) consecutive weeks in a newspaper […]
§ 28-51-305. Report and confirmation
(a) Within ten (10) days after making any sale, mortgage, or lease of real property, the personal representative shall make a verified report to the court of his or her proceeding, with proof of publication or posting in case the sale is made at public auction. The report shall state that the personal representative did […]
§ 28-51-306. Execution of conveyance — Recordation
(a) Upon the confirmation of any sale, mortgage, or lease in accordance with § 28-51-305, the personal representative shall execute, acknowledge, and deliver a conveyance to the grantee or mortgagee or join the lessee in the execution of a lease according to the order of confirmation. (b) A certified copy of the order may be […]
§ 28-51-307. Expenses of sale
In connection with the sale, mortgage, lease, or exchange of property, the court may authorize the personal representative to pay, out of the proceeds realized or out of the estate, the customary and reasonable auctioneers’ and brokers’ fees and any necessary expenses for abstracting, title insurance, survey, revenue stamps, and other necessary costs and expenses […]
§ 28-51-308. Platting and dedication
When it is for the best interest of the estate in order to dispose of real property, the court, upon application by the personal representative or other interested person, may authorize the personal representative, either alone or together with other owners, to plat any land belonging to the estate in accordance with the statutes in […]
§ 28-51-309. Waiver of landlord’s lien
In order to enable a lessee, tenant, or sharecropper on lands of the estate to obtain money, advances, or supplies with which to plant, cultivate, or harvest crops growing or to be grown on lands of the estate, a personal representative, upon the authorization of or approval by the court, may waive or subordinate, in […]
§ 28-51-106. Purchase by personal representative
A personal representative shall not purchase property of the estate unless sold at public sale and approved by the court after a hearing on confirmation of the sale, notice of the hearing having been given to the distributees, and then only if the personal representative is a spouse, parent, descendant, brother, or sister of the […]