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§58-387.
§58-387.
A. At any time after receiving letters, the executor, administrator,
or special administrator may sell perishable and other personal
property likely to depreciate in value, or which will incur loss or
expense by being kept, and so much other personal property as may be
necessary to pay the allowance made to the family of the decedent
without obtaining prior court authorization for sale, without filing a
return of sale, and without obtaining court confirmation of sale. The
sale may be made without notice. Title to such property shall pass to
the purchaser thereof without approval or confirmation by the court of
such sale.
B. Any sale of property made by an executor, administrator or special
administrator of the property of a decedent pursuant to this section
shall be reported in the accounting next filed by such executor,
administrator or special administrator after the making of the sale.
If the court determines the property sold was not perishable or was
not otherwise likely to depreciate in value or would not have caused
the estate of the decedent loss or expense if kept, or was not
necessary to pay the allowance made to the family of the decedent, the
executor, administrator or special administrator who made such sale
shall not be surcharged or otherwise held liable with respect to such
sale if he made a reasonable determination in good faith that the
property sold was perishable, was otherwise likely to depreciate in
value, would have caused the estate of the decedent to incur loss or
expense if kept or the sale was necessary to pay the allowance made to
the family of the decedent.
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