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§ 1651. License to sell estate; procedure

§ 1651. License to sell estate; procedure When an executor or administrator considers it necessary or beneficial to sell real or personal estate, the Probate Division of the Superior Court may grant license, when it appears necessary or beneficial, under the following regulations: (1) The executor or administrator shall file a motion setting forth the […]

§ 1652. Deed of executor or administrator

§ 1652. Deed of executor or administrator The deed of an executor or administrator, who has obtained a certified copy of an order of sale or license to sell real estate from the Probate Division of the Superior Court, shall be valid to convey the real estate of a deceased person thereby authorized to be […]

§ 1654. Disposal of proceeds of beneficial sale

§ 1654. Disposal of proceeds of beneficial sale In case of the sale of property for the benefit of interested persons, the proceeds shall be decreed to those persons otherwise entitled to the property. (Amended 2017, No. 195 (Adj. Sess.), § 9.)

§ 1656. Estate sold to pay debts and legacies in other states

§ 1656. Estate sold to pay debts and legacies in other states When the sale of real or personal estate is not necessary to pay the debts of the deceased person in this State, and it appears to the Probate Division of the Superior Court by the records and proceedings of a Probate Division in […]

§ 1657. Real estate sold to pay legacy

§ 1657. Real estate sold to pay legacy When the personal property of the estate is insufficient to satisfy a legacy given by will, the executor may be licensed by the Probate Division of the Superior Court to sell real estate of the estate for the purpose of paying the legacy. (Amended 2009, No. 154 […]

§ 1658. Death, resignation, or removal of fiduciary; new license

§ 1658. Death, resignation, or removal of fiduciary; new license In case of the death, resignation, or removal of an executor or administrator before the completion of a sale of real estate under a license granted by the Probate Division of the Superior Court, on motion at any time within two years after issuing a […]

§ 1661. Real estate held in trust; license to convey to beneficiary

§ 1661. Real estate held in trust; license to convey to beneficiary When a person dies seized of real estate held in trust for another person or seized of real estate by virtue of a decree of foreclosure or sale on execution to the deceased or to an executor or administrator on a debt nominally […]

§ 1662. Sale of encumbered property of deceased; disposition of surplus

§ 1662. Sale of encumbered property of deceased; disposition of surplus When the executor or administrator is licensed to sell real or personal estate of the decedent that is subject to any mortgage or other lien, the net sale proceeds shall be first applied to the payment of the secured debt. If the property sold […]

§ 1665. Exception; application of law

§ 1665. Exception; application of law Section 1662 of this title shall not affect the rights of a surviving spouse, but shall apply to the application of the net proceeds of a sale of mortgaged real estate sold pursuant to a license granted by the Probate Division of the Superior Court after February 1, 1901. […]