Section 33-19-15. – Conveyances.
§ 33-19-15. Conveyances. Every executor, administrator, or guardian making a sale as provided in this chapter may, by virtue of his or her authority, make and execute, in due form of law, conveyances of the real estate sold; and the conveyances shall make as good title to the purchaser as the testator or intestate in […]
Section 33-19-16. – Sale by guardian and payment of proceeds to fiduciary in nonresident ward’s domicile.
§ 33-19-16. Sale by guardian and payment of proceeds to fiduciary in nonresident ward’s domicile. A guardian appointed within this state, whose ward leaves or resides out of the state, may sell the real property of his or her ward and transfer and pay over the whole or any part of the proceeds or of […]
Section 33-19-1. – Court consent to mortgage.
§ 33-19-1. Court consent to mortgage. The probate court which issued letters testamentary or of administration or guardianship may authorize an executor, administrator, or guardian to mortgage the real estate of the deceased or ward upon a petition filed, describing the particular estate to be mortgaged, the amount of money necessary to be raised, and […]
Section 33-19-2. – Terms of mortgages and notes.
§ 33-19-2. Terms of mortgages and notes. A mortgage given by an executor, administrator, or guardian, under leave from a probate court, may contain such powers of sale, conditions and covenants as are usual in mortgages taken by savings banks in this state. Notes secured by, and covenants contained in, mortgages given by executors, administrators, […]
Section 33-19-3. – Authority to sell real estate.
§ 33-19-3. Authority to sell real estate. The probate court which issued letters testamentary, of administration, guardianship, or conservatorship may grant authority to an executor or administrator to sell the real estate of a deceased person, or to a guardian or conservator to sell the real estate of his or her ward, for cash or […]
Section 33-19-4. – Sale of whole real estate to prevent injury.
§ 33-19-4. Sale of whole real estate to prevent injury. If in any case it appears to the court to be necessary to sell only a part of the real estate described, but that by the partial sale, the residue of the estate or of some part thereof would be greatly injured, the court may […]
Section 33-19-5. – Finality of decree authorizing sale or mortgage — Claims against estate.
§ 33-19-5. Finality of decree authorizing sale or mortgage — Claims against estate. When a decree is granted by a probate court authorizing a sale or mortgage of real estate of a deceased person, or of a person under guardianship, the adjudication of the court that the sale or mortgage is required shall be final […]
Section 33-19-6. – Duration of authority to sell or mortgage.
§ 33-19-6. Duration of authority to sell or mortgage. Every license granted by a probate court to sell real estate shall continue in force for one year, and every license to mortgage real estate shall continue in force for six (6) months, from the date of the decree; but the conveyance may be executed and […]