Section 33-19-22. – Validity of sale as against claimant adverse to decedent or ward.
§ 33-19-22. Validity of sale as against claimant adverse to decedent or ward. If the validity of a sale is drawn in question by a person claiming adversely to the title of the deceased or of the ward, or claiming under a title that is not derived from or through the deceased or the ward, […]
Section 33-19-7. – Executor’s or administrator’s bond to cover application of proceeds of mortgage or sale.
§ 33-19-7. Executor’s or administrator’s bond to cover application of proceeds of mortgage or sale. Every executor or administrator empowered to sell or mortgage real estate as provided in § 33-19-3 shall, before making the sale or mortgage, give bond with a surety or sureties satisfactory to the court that he or she will apply […]
Section 33-19-23. – Surplus real estate proceeds distributed as real estate.
§ 33-19-23. Surplus real estate proceeds distributed as real estate. Surplus proceeds arising from the sale or mortgage of the real estate of a deceased person by an executor or administrator, or from the sale or mortgage of the real estate of a ward by his or her guardian, remaining on the settlement of the […]
Section 33-19-8. – Guardian’s bond to cover proceeds of the sale or mortgage.
§ 33-19-8. Guardian’s bond to cover proceeds of the sale or mortgage. Every guardian empowered to sell or mortgage as provided in this chapter shall, before making the sale or mortgage, give bond with a surety or sureties satisfactory to the court that he or she will apply the proceeds of the sale or mortgage […]
Section 33-19-24. – Examination of sale proceedings — Recovery of damages.
§ 33-19-24. Examination of sale proceedings — Recovery of damages. Every executor, administrator, and guardian authorized to sell real estate by decree of court shall be required, upon application to the probate court by an heir, creditor, ward, or other person interested in the estate, to make answer, upon oath, as to all matters touching […]
Section 33-19-9. – Public or private sale — Petitioner as purchaser — Minimum price fixed.
§ 33-19-9. Public or private sale — Petitioner as purchaser — Minimum price fixed. The probate court may authorize executors, administrators, and guardians, at their option, to sell real estate of a deceased or of a ward, either at public auction or by private contract. The court, on petition with notice, if satisfied that the […]
Section 33-19-25. – Compliance with legal requirements examined on settlement of fiduciary’s accounts.
§ 33-19-25. Compliance with legal requirements examined on settlement of fiduciary’s accounts. In settling the accounts of executors, administrators, and guardians, the probate courts shall examine and adjudge whether they have complied with the law and the directions of the court in regard to the sale or mortgage of real estate. History of Section.C.P.A. 1905, […]
Section 33-19-10. – Notice of sale at auction.
§ 33-19-10. Notice of sale at auction. Before making any sale at auction, the executor, administrator, or guardian shall publish notice of the time, place, and conditions of sale for four (4) successive weeks in some public newspaper designated by the court in the decree authorizing the sale, and shall give additional notice of the […]
Section 33-19-26. – Authority for lease by guardian.
§ 33-19-26. Authority for lease by guardian. The probate court which appointed or approved a guardian, upon the petition of the guardian, setting forth a description of the real estate which it is proposed to lease, upon hearing, after the notice as the court shall order, may authorize the guardian to give a written lease […]
Section 33-19-11. – Adjournment of auction sale.
§ 33-19-11. Adjournment of auction sale. The executor, administrator, or guardian may, in his or her discretion, adjourn any auction sale to a future day, whenever he or she may deem it advisable, giving notice of the adjournment in the same manner in which notice of the sale was given, as soon as may be […]