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59-1410. Sale of realty; conveyance to bona fide purchaser; effect. (a) The executor or administrator may sell real estate of a decedent (1) whenever the sale thereof is necessary for the payment of reasonable funeral expenses, expenses of last sickness, wages of servants during the last sickness, cost of administration, taxes, debts, or legacies charged upon such real estate, (2) whenever it shall be determined by the court that the real estate to be sold is a wasting asset and its retention will be detrimental to the estate and such sale is for the best interests of the estate or (3) at such other time as the court shall determine is for the best interests of the estate. The proceeds of any such sale which shall be available for distribution shall be distributed to the same persons and in the same shares as if it had remained real estate.

(b) Every conveyance of real estate of a decedent to a bona fide purchaser, pursuant to the authority of this section, shall transfer such real estate free and clear from liens and claims of all creditors of the decedent of the estate of the decedent and of the heirs, devisees and legatees of the decedent and any such liens or claims shall be transferred to the proceeds of such sale received by the executor or administrator making the same but such transferral shall not affect tax liens against the estate.

History: L. 1939, ch. 180, § 108; L. 1968, ch. 175, § 2; L. 1971, ch. 193, § 2; L. 1972, ch. 217, § 1; L. 1980, ch. 167, § 3; L. 2000, ch. 76, § 2; L. 2010, ch. 44, § 20; July 1.

Source or prior law:

22-6a01, 22-801, 22-824.

Cross References to Related Sections:

Proceedings for sale, lease and mortgage of realty, see chapter 59, article 23.

Law Review and Bar Journal References:

Quoted in discussing subject, Samuel E. Bartlett, 19 J.B.A.K. 146, 148 (1950).


1. Mechanic's lien may be enforced in district court while administration pending. Leidigh & Havens Lumber Co. v. Wyatt, 153 K. 214, 218, 109 P.2d 87.

2. Court's power to order sale of realty to pay debts discussed and determined. Schul v. Clapp, 154 K. 372, 376, 118 P.2d 570.

3. Probate court's jurisdiction to authorize sale of decedent's realty is limited; statutes construed. Magaw v. Emick, 167 K. 580, 583, 584, 585, 586, 207 P.2d 448.

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