§58-239.

§58-239.
   
   A. After the appointment of the personal representative, and, provided
   that a determination of the identities of the heirs, devisees and
   legatees of the decedent has been made pursuant to the provisions of
   Section 240 of this title, and upon the filing of a petition or
   application, the petition to be accompanied by acknowledged, written
   consents by all heirs, devisees and legatees, other than contingent
   devisees and legatees, and persons authorized to act on behalf of any
   heir, devisee or legatee under any legal disability, the court may
   enter an order:
   
   1. Authorizing the personal representative to sell, grant, lease,
   mortgage or encumber any real or personal property including mineral
   interests, and to execute and issue deeds, leases, bills of sale,
   notes, mortgages, easements and other documents of conveyance, without
   further judicial authorization or a return of sale or confirmation of
   such sale or transaction. Any sale or transaction so authorized shall
   pass title to the purchaser without being confirmed by the court,
   notwithstanding any statutory provision to the contrary; or
   
   2. Waiving the filing of any accounting specified in the consents of
   the persons herein named, or waiving the necessity for presentation to
   the court for approval of any such accounting.
   
   B. Waivers or consents may be withdrawn at any time and thereafter all
   acts shall be in accordance with regular statutory procedures. A
   withdrawal of a waiver or consent shall be effected by filing a
   written statement of withdrawal with the court clerk and by serving a
   certified copy on the personal representative or the attorney for the
   personal representative by certified mail.
   
   C. Notwithstanding the foregoing, if the petition or application is
   filed after three (3) months from the date of admission of the will to
   probate, and no appeal of the admission of the will is pending nor has
   any contest to admission of the will to probate been filed after
   admission of the will to probate, and if the will contains a residuary
   disposition clause, then the consents of heirs who are neither
   devisees or legatees shall not be required.