59-2304. Notice and hearing. Notice of the hearing, unless waived, shall briefly state the nature of the application made by the petition and shall be given in such manner as the court may direct. At the hearing and upon proof of the petition, the court shall have full power to order the sale, lease, or mortgage of all the real estate described in the petition, or to order the sale, lease, or mortgage of one or more tracts thereof, if such order shall be within the terms of the application made by the petition. The district court, with the consent of the mortgagee, may order the sale of real estate subject to the mortgage, but such consent shall release the estate of the decedent or conservatee, should a deficit later appear. If the petition and notice have included the details of a proposed transaction, the court may confirm the proposed sale, lease or mortgage, provided that the requirements of K.S.A. 59-1703 and 59-2307, have been met.
History: L. 1939, ch. 180, § 259; L. 1965, ch. 346, § 37; L. 1975, ch. 299, § 24; L. 1976, ch. 245, § 7; L. 1976, ch. 242, § 49; January 10, 1977.
Source or prior law:
22-6a03, 22-6a05, 22-805, 38-211, 38-212, 38-215, 39-210, 39-212, 39-213.
Law Review and Bar Journal References:
1963-65 survey of law of administration of estates, Richard C. Harris, 14 K.L.R. 139, 147 (1965).
"A Practical Review of the 1975 Kansas Probate Code Revisions," Philip S. Frick, 44 J.B.A.K. 137, 141 (1975).
CASE ANNOTATIONS
1. Sale of minors' real estate without notice to minors is void; collateral attack. Hicks v. King, 157 Kan. 263, 265, 266, 139 P.2d 390.
2. 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.
3. Probate court's jurisdiction to authorize sale of decedent's realty is limited; statutes construed. Magaw v. Emich, 167 Kan. 580, 584, 207 P.2d 448.
4. 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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