Section 43-2-459 – Report and Examination of Sale – Generally.
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 43-2-443 – Authorization to Sell – Sale for Division.
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.
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.
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 43-2-441 – Authorization to Sell – Where Will Exists.
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 43-2-440 – Renting of Lands.
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 43-2-442 – Authorization to Sell – in Case of Intestacy.
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. […]