59-2303. Petition to sell, lease or mortgage real estate. (a) An executor or administrator may file a petition to sell real estate of a decedent. The petition shall state the facts constituting the reasons for the application and describe the real estate to be sold. It may include all the real estate of the decedent subject to sale, or any part or parts thereof.
The petition also may state the name of a prospective purchaser and the terms of a proposed sale, and may include a request for approval of named appraisers and for confirmation of the proposed transaction. In this event, the petition also shall contain a full disclosure of any financial or blood relationship between the proposed purchaser and the fiduciary. If no such relationship exists, the petition shall so state.
(b) A conservator may file a petition to sell, lease, or mortgage real estate of a conservatee. The petition shall state the facts constituting the reasons for the application and describe the real estate to be sold, leased, or mortgaged. It may include all the real estate of the conservatee subject to sale, lease, or mortgage, or any part or parts thereof. It may apply in the alternative for authority to sell, lease, or mortgage.
The petition also may state the name of a prospective purchaser, lessee or mortgagee and the terms of a proposed sale, lease or mortgage, and may include a request for approval of named appraisers and for confirmation of the proposed transaction. In this event, the petition also shall contain a full disclosure of any financial or blood relationship between the proposed purchaser, lessee and mortgagee, and the fiduciary. If no such relationship exists, the petition shall so state.
History: L. 1939, ch. 180, § 258; L. 1965, ch. 346, § 36; L. 1975, ch. 299, § 23; L. 1976, ch. 245, § 6; July 1.
Source or prior law:
22-6a02, 22-802, 22-804, 38-211, 38-212, 39-212.
Cross References to Related Sections:
Contents of petition, see 59-2202.
Law Review and Bar Journal References:
"A Practical Review of the 1975 Kansas Probate Code Revisions," Philip S. Frick, 44 J.B.A.K. 137, 141 (1975).
CASE ANNOTATIONS
1. Procedure for sale of ward's real estate under old law and code compared. Hicks v. King, 157 Kan. 263, 266, 139 P.2d 390.
2. Guardian may make voluntary partition of ward's real estate under probate code. Thompson v. Hall, 159 Kan. 592, 593, 156 P.2d 530.
3. Discussed; necessity of notice and appointment of guardian ad litem for insane spouse. Steinkirchner v. Linscheid, 164 Kan. 179, 192, 188 P.2d 960. Affirmed: 165 Kan. 390, 195 P.2d 592.
4. Probate court's jurisdiction to authorize sale of decedent's realty is limited; statutes construed. Magaw v. Emick, 167 Kan. 580, 583, 584, 207 P.2d 448.
5. Validity of realty sale by executors to themselves, a former relative and a neighbor determined. In re Estate of Chestnut, 4 Kan. App. 2d 694, 696, 610 P.2d 1132.
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