Title 53, Chapter 8, Section 13
( 53-8-13)
(a) A personal representative desiring to sell, rent, lease,
exchange, or otherwise dispose of property other than property that
is perishable, liable to deteriorate, or expensive to keep or listed
stocks and bonds shall file a petition with the probate court
stating the property involved and the interests in such property,
the specific purpose of the transaction, the proposed price, if any,
and all other terms or conditions proposed for the transaction and a
list of names, addresses, and ages or majority status of heirs in an
intestate estate or of beneficiaries in a testate estate. In the
event full particulars are lacking, the petition shall state the
reasons for any such omission. (b) Upon filing the petition, notice shall be given to the heirs of
an intestate estate or the affected beneficiaries of a testate
estate in accordance with the provisions of Chapter 11 of this
title. (c) If no written objection by a person so notified is filed within
the appropriate period of time following notice, as provided by
Chapter 11 of this title, the probate court shall order such sale
summarily in the manner and terms petitioned. If timely written
objection is filed, the court shall hear the matter and grant or
deny the petition for sale or make such other order as is in the
best interest of the estate, which may require the sale to be
private or at public outcry including confirmation of the sale by
the court or otherwise. An appeal shall lie to the superior court
in the manner, under the restrictions, and with the effect provided
for appeals from the probate court in other cases. (d) A personal representative shall make a full return to the
probate court of every sale, specifying the property sold, the
purchasers, the amounts received, and the terms of the sale. (e) The recital in the personal representative's deed of compliance
with legal provisions shall be prima-facie evidence of the facts
recited. (f) Where a personal representative sells real property under the
provisions of this Code section, liens on such real property may be
divested and transferred to the proceeds of the sale as a condition
of the sale. |