Section 2-7-608 – When Conveyance Required; Right of Successor to Enforce.
2-7-608. When conveyance required; right of successor to enforce. If the person entitled to the conveyance dies before the commencement or completion of proceedings therefor, any person entitled to succeed to his rights in the contract, or the personal representative of the decedent, may, for the benefit of the person so entitled, commence the proceedings […]
Section 2-7-609 – When Power Given in Will.
2-7-609. When power given in will. When power to sell, mortgage, lease, pledge or exchange property of the estate is given to any personal representative under the terms of a will, the statutory requirements for such purposes do not apply.
Section 2-7-610 – Equitable Conversion; Effect Thereof.
2-7-610. Equitable conversion; effect thereof. A testamentary direction to sell real property, or the exercise of a testamentary power of sale of real property constitutes an equitable conversion of real estate into personal property, but shall not affect distribution of the estate under the provisions of the will.
Section 2-7-611 – When Real Property Deemed Personalty; When Personalty Deemed Real Property.
2-7-611. When real property deemed personalty; when personalty deemed real property. (a) Real property acquired by the personal representative by the completion of foreclosure proceedings or by the forfeiture of real estate contracts after the death of the decedent is deemed to be personal property for the purpose of administration and distribution of the estate. […]
Section 2-7-612 – Purposes for Which Realty or Personalty May Be Sold; Exempt Personal Property and Homestead.
2-7-612. Purposes for which realty or personalty may be sold; exempt personal property and homestead. (a) Any real or personal property belonging to the decedent except exempt personal property and the homestead may be sold, mortgaged, pledged, leased or exchanged by the personal representative for any of the following purposes: (i) The payment of debts […]
Section 2-7-613 – Sale of Personalty Without Court Order.
2-7-613. Sale of personalty without court order. Personal property of a perishable nature and personal property for which there is a regularly established market may be sold by the personal representative without order of court.
Section 2-7-614 – Petition to Sell; Generally.
2-7-614. Petition to sell; generally. A petition to sell, mortgage, exchange, pledge or lease any real or personal property shall set forth the reasons for the petition and describe the property involved. It may apply for different authority as to separate parts of the property, or it may apply in the alternative for authority to […]
Section 2-7-615 – Petition to Sell; Notice and Hearing; Exception; Court Order.
2-7-615. Petition to sell; notice and hearing; exception; court order. Upon filing of the petition, the court shall fix the time and place of hearing of the petition, and the personal representative shall give notice of the hearing as provided in W.S. 2-7-205, but as to personal property and as to the lease of real […]
Section 2-7-616 – Sale Subject to Mortgage.
2-7-616. Sale subject to mortgage. When a claim is secured by a mortgage on property, the court, with the consent of the mortgagee, may order the sale of the property subject to the mortgage, and the consent shall release the estate should a deficiency later appear.
Section 2-7-617 – Extension of Credit in Sales.
2-7-617. Extension of credit in sales. In all sales of property, the court may authorize credit to be given by the personal representative on such terms as the court may prescribe. Credit for more than twelve (12) months shall be extended only after hearing pursuant to notice to interested parties.