[Previous] [Next]
§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B. Waivers or consents may be withdrawn at any time and thereafter all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.
[Previous] [Next]