Section 43-2-440 Renting of lands. The executor or administrator may rent the decedent’s lands at public outcry, or, when the interest of the estate requires it, privately; and such rent is assets; but when lands are rented privately, he must report such renting to the probate court of the proper county within 30 days thereafter. […]
Section 43-2-441 Authorization to sell – Where will exists. Lands may be sold by the executor or by the administrator with the will annexed, for the payment of debts, when the will gives no power to sell the same for that purpose. (Code 1852, §1754; Code 1867, §2079; Code 1876, §2447; Code 1886, §2103; Code […]
Section 43-2-442 Authorization to sell – In case of intestacy. In case of intestacy, lands may be sold by the administrator for the payment of debts. (Code 1852, §1755; Code 1867, §2080; Code 1876, §2448; Code 1886, §2104; Code 1896, §156; Code 1907, §2620; Code 1923, §5848; Code 1940, T. 61, §244; Acts 1984, No. […]
Section 43-2-443 Authorization to sell – Sale for division. Lands of an estate may be sold by order of the probate court having jurisdiction of the estate when the same cannot be equitably divided among the heirs or devisees, when an adult heir or devisee files his written consent that the land be sold. (Code […]
Section 43-2-444 Application for sale. The application for the sale of lands, either for payment of debts or for division, must be made by the executor or administrator in writing, verified by affidavit, to the probate court having jurisdiction of the estate, must describe the lands accurately, must give the names of the heirs or […]
Section 43-2-445 Notice and hearing generally; time for hearing; appointment of guardian ad litem. (a) The court must appoint a day, not less than 30 days from the time of making such application, for the hearing thereof, and must appoint a proper person, not a petitioner or of kin to a petitioner, as a guardian […]
Section 43-2-446 Notice to nonresidents. If any of the heirs or devisees reside out of this state, such heirs or devisees may be brought into court by publication, once a week for three successive weeks, in a newspaper published in the county in which the application is made, or if none is published therein, then […]
Section 43-2-447 Notice to unknown parties; appointment of special guardian; disposition of shares. If it shall be averred in an application for the sale of lands for the payment of debts or for division, that the names of any of the heirs or devisees are unknown, that the petitioner has made diligent inquiry and cannot […]
Section 43-2-448 Duties and compensation of guardian ad litem and special guardian. The person appointed to represent minors, or persons of unsound mind, or unknown parties, must deny in writing the allegations contained in the application, and, if necessary, must employ counsel to defend the interests of those he represents. He is entitled to reasonable […]
Section 43-2-450 Order of sale for payment of debts. On the hearing of such application, and when the application is by an executor or administrator with the will annexed, that no power is given by the will for that purpose, the court may direct the sale of all, or such portion of the real estate […]
Section 43-2-451 Proof of facts on application to sell for division; order of sale. The facts stated in an application to sell land for distribution may be proved or disproved by the deposition of disinterested witnesses, or by oral examination of disinterested witnesses in open court, which must be reduced to writing, filed and recorded; […]
Section 43-2-452 When depositions required. No order for the sale of land belonging to any estate, whether for the payment of debts, or for division, must be made when there are minors or persons of unsound mind or unknown parties interested in such estate, unless the probate court has taken evidence by deposition, showing the […]
Section 43-2-453 Evidence of title. In applications to the probate court for the sale of lands, the patent or deed shall be sufficient evidence to authorize the court to proceed and hear the application. (Code 1867, §2129; Code 1876, §2473; Code 1886, §2131; Code 1896, §186; Code 1907, §2651; Code 1923, §5881; Code 1940, T. […]
Section 43-2-454 Dismissal of application upon failure of proof. If, on the hearing of the application, the facts are not proved, the same must be dismissed at the cost of the applicant, for which execution may issue against him and his sureties. (Code 1852, §1761; Code 1867, §2087; Code 1876, §2459; Code 1886, §2115; Code […]
Section 43-2-455 Advertisement of sale. When the application for the sale of land for the payment of debts or division is granted and the land directed to be sold, 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 […]
Section 43-2-456 Applicability of sections 43-2-414, 43-2-416 and 43-2-417. Sections 43-2-414, 43-2-416 and 43-2-417 are applicable to sales of real estate. (Code 1897, §170; Code 1907, §2634; Code 1923, §5864; Code 1940, T. 61, §258.)
Section 43-2-457 How purchase money secured. The executor or administrator must secure the purchase money by taking notes or bonds of the purchaser, with sufficient sureties, or taking a purchase money mortgage. (Code 1852, §1763; Code 1867, §2089; Code 1876, §2461; Code 1886, §2117; Code 1896, §171; Code 1907, §2635; Code 1923, §5865; Code 1940, […]
Section 43-2-458 Place of sale. Lands may be sold at such place in the county where they lie, as the court may direct; and if they lie in one body, but in more than one county, they may be sold in either of the counties, as the court may direct. (Code 1852, §1764; Code 1867, […]
Section 43-2-459 Report and examination of sale – Generally. The executor or administrator must, within 30 days after such sale, report on oath his proceedings to the court, which report must show whether or not the executor or administrator has any personal pecuniary interest in the sale, whether he is, directly or indirectly, a purchaser […]
Section 43-2-460 Report and examination of sale – Notice and hearing. If it appears from the report of the personal representative provided for in section 43-2-459 that he has a personal interest in such sale, or that he was, directly or indirectly, the purchaser at such sale, or if the court is satisfied from the […]
