Section 43-2-410 Power of sale conferred. Any part of the personal property of a decedent, including land warrants and choses in action, may be sold only by order of the court, on the written application of the executor or administrator, verified by affidavit, in the following cases, unless, in such cases, power to sell is […]
Section 43-2-411 Notice of application. Notice of such application must be given to some person adversely interested in such manner, and for such length of time, not less than three weeks, as the judge of probate may require; but when the property is perishable, and it is so specified in the application, no notice is […]
Section 43-2-412 Contesting application. Any person interested may appear and contest such application, and show that no sale is required, or that it is more for the interest of the estate that other property should be sold. (Code 1852, §1745; Code 1867, §2069; Code 1876, §2435; Code 1886, §2094; Code 1896, §144; Code 1907, §2608; […]
Section 43-2-413 Notice of sale. When the application is granted for the sale of any personal property, the executor or administrator must give notice of the day, place and terms of sale, and a description of the property to be sold, by advertisement for three successive weeks in some newspaper published in the county where […]
Section 43-2-414 Hours of sale. Such sale must not commence before 11:00 A.M., nor continue longer than 4:00 P.M.; and, if not completed within those hours, it may be continued from day to day. (Code 1852, §1747; Code 1867, §2071; Code 1876, §2437; Code 1886, §2096; Code 1896, §146; Code 1907, §2610; Code 1923, §5837; […]
Section 43-2-415 Terms of sale. Such sale may be for cash or on credit not exceeding 12 months, as the court may direct; and if on credit, notes or bonds, with at least two sufficient sureties, must be taken by the executor or administrator. (Code 1852, §§1748, 1752; Code 1867, §§2072, 2077; Code 1876, §§2438, […]
Section 43-2-416 When bid rejected and sale postponed. When the highest amount bid for the property, or any part thereof, is, in the opinion of the executor or administrator, greatly less than its fair value, he may withdraw the property and postpone the sale. (Code 1896, §148; Code 1907, §2612; Code 1923, §5839; Code 1940, […]
Section 43-2-417 Resale upon failure of purchaser to comply with terms; liability for deficiency. If the purchaser fails to comply with the terms of the sale, the executor or administrator may again proceed to advertise and sell the property. If, on another and a completed sale, the property sells for a less sum than the […]
Section 43-2-418 Completion, gathering and sale of crops commenced by decedent. Any crop commenced by a decedent may be completed and gathered by the executor or administrator, and, the expenses of the plantation being deducted therefrom, is assets in his hands, and may be sold by him at private sale, either in or out of […]
Section 43-2-419 Sale of farm products. All farm products coming into the hands of the executor or administrator as assets of the estate may be sold by him at public or private sale, at the reasonable market value, either in or out of the state. (Code 1923, §5842; Code 1940, T. 61, §237.)
Section 43-2-420 Assignment or transfer of mortgages, notes or accounts. Executors and administrators may assign and transfer by endorsement, without recourse or warranty, any mortgages, notes or accounts belonging to a decedent, provided he receives the full amount due thereon, and provided said mortgages, notes or accounts shall have been entered on the inventory returned […]
Section 43-2-421 Stock in trade. (a) When any person engaged in mercantile business dies, leaving a stock of goods, wares and merchandise, and leaving no surviving partner in such business, the executor or administrator of his estate may sell such stock or goods, wares or merchandise, either at public or private sale, by wholesale or […]
Section 43-2-422 Returns of accounts of sales. All accounts of sales of personalty made by the executor or administrator must be returned on oath, within 30 days after such sale, and must be recorded; and such returns may be compelled by attachment. (Code 1852, §1753; Code 1867, §2078; Code 1876, §2445; Code 1886, §2101; Code […]
