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Subchapter 002: LICENSES TO SELL-PROCEDURE
§ 1651. License to sell estate; procedure
When an executor or administrator considers it necessary or beneficial to sell real
or personal estate, the Probate Division of the Superior Court may grant license,
when it appears necessary or beneficial, under the following regulations:
(1) The executor or administrator shall file a motion setting forth the facts that show
the sale is necessary or beneficial.
(2) In cases where the consent of interested persons is required, the executor or administrator
shall file their written consents with the court.
(3) In the event that the consent of interested persons is required but cannot be obtained,
the court shall schedule a hearing and notice shall be given as provided in the Rules
of Probate Procedure.
(4) Before license is granted, the court may require the executor or administrator to
give a new bond in an amount and with sureties as the court directs, conditioned that
the executor or administrator shall account for the proceeds of the sale.
(5) The executor or administrator shall be sworn before the court or before some other
person authorized to administer oaths and a certificate thereof shall be returned
to the court before sale under the order granting license.
(6) If the evidence satisfies the court, the court may authorize the executor or administrator
to sell that part of the estate deemed necessary or beneficial, either at public or
private sale, and furnish the executor or administrator a copy of the license to sell
or order of sale.
(7) If the order is to sell the estate at auction, the court shall designate the manner
of notice of the time and place of sale, which shall be stated in the copy of the
license to sell or order of sale furnished to the executor or administrator.
(8) The copy of the license to sell or order of sale furnished to the executor or administrator
shall include findings addressing the requirements of subdivisions (1) through (4)
of this section. A certified copy of the license to sell real estate or order of sale
shall be recorded in the office where a deed of the real property to be sold is recorded.
(9) If ordered by the court, the executor or administrator shall file a report with the
Probate Division of the Superior Court on the action authorized by each license granted
under this section within 60 days from the date of the sale of any real or personal
property.
(10) If the power to sell all or part of the testator’s real or personal estate is expressly
conferred by the will, the court shall issue a license to sell to the executor or
administrator without requiring notice or hearing with respect to any property subject
to the testamentary power, except a dwelling house in which the surviving spouse or
an heir, devisee, or legatee is residing.
(11) Notwithstanding any provision of this section, no beneficial license to sell that
is inconsistent with the provisions or intent of a will shall be issued. (Amended 1981, No. 75; 1985, No. 144 (Adj. Sess.), § 76; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)
§ 1652. Deed of executor or administrator
The deed of an executor or administrator, who has obtained a certified copy of an
order of sale or license to sell real estate from the Probate Division of the Superior
Court, shall be valid to convey the real estate of a deceased person thereby authorized
to be sold. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)
§ 1653. Repealed. 2017, No. 195 (Adj. Sess.), § 9.
§ 1654. Disposal of proceeds of beneficial sale
In case of the sale of property for the benefit of interested persons, the proceeds
shall be decreed to those persons otherwise entitled to the property. (Amended 2017, No. 195 (Adj. Sess.), § 9.)
§ 1655. Repealed. 2017, No. 195 (Adj. Sess.), § 9.
§ 1656. Estate sold to pay debts and legacies in other states
When the sale of real or personal estate is not necessary to pay the debts of the
deceased person in this State, and it appears to the Probate Division of the Superior
Court by the records and proceedings of a Probate Division in another state that the
estate of the deceased in the other state is not sufficient to pay the debts and legacies
in that state, the Probate Division of the Superior Court in this State may license
the executor or administrator to sell the real or personal estate for the payment
of debts and legacies in the other state, in the same manner as provided for the payment
of debts and legacies in this State. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)
§ 1657. Real estate sold to pay legacy
When the personal property of the estate is insufficient to satisfy a legacy given
by will, the executor may be licensed by the Probate Division of the Superior Court
to sell real estate of the estate for the purpose of paying the legacy. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)
§ 1658. Death, resignation, or removal of fiduciary; new license
In case of the death, resignation, or removal of an executor or administrator before
the completion of a sale of real estate under a license granted by the Probate Division
of the Superior Court, on motion at any time within two years after issuing a prior
license, the court may issue a new license to the successor fiduciary without further
notice or hearing. (Amended 1985, No. 144 (Adj. Sess.), § 78; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)
§ 1659. License when deceased under contract to convey; court may grant; effect of deed
(a) When a decedent had contracted to convey real estate and the party contracted with
has performed or is ready to perform the conditions of the contract, on motion for
that purpose, the Probate Division of the Superior Court may grant license to the
executor or administrator of the estate to convey the lands according to the contract,
including any modifications to it. If the executor or administrator is the transferee
under the contract, the judge of the court shall execute the deed. The deed executed
by the executor, administrator, judge, or special administrator or master appointed
by the court shall be valid to convey the real estate authorized to be conveyed under
the contract.
(b) The Probate Division of the Superior Court shall not grant a license to convey the
real estate of a deceased person under contract if it appears to the court after hearing
that the assets in the hands of the executor or administrator will be reduced by the
conveyance in an amount that prevents a creditor from receiving the whole debt and
the value of the real estate to be sold is materially greater than the contract price. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)
§ 1660. Repealed. 2017 No. 195 (Adj. Sess.), § 9.
§ 1661. Real estate held in trust; license to convey to beneficiary
When a person dies seized of real estate held in trust for another person or seized
of real estate by virtue of a decree of foreclosure or sale on execution to the deceased
or to an executor or administrator on a debt nominally owed to the deceased but actually
owed to another person, after notice, the Probate Division of the Superior Court may
grant license to the executor or administrator to convey the real estate to the person,
or to an executor or administrator, for whose use and benefit they are held, and the
court may decree the execution of the trust, whether created by deed or by law. (Amended 1985, No. 144 (Adj. Sess.), § 80; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)
§ 1662. Sale of encumbered property of deceased; disposition of surplus
When the executor or administrator is licensed to sell real or personal estate of
the decedent that is subject to any mortgage or other lien, the net sale proceeds
shall be first applied to the payment of the secured debt. If the property sold is
subject to a devise under the will of the decedent, any surplus sale proceeds shall
be distributed to the devisee of the property. If the property sold is not subject
to a devise under the will of the decedent, any surplus sale proceeds shall be administered
by the executor or administrator as property of the estate. (Amended 1985, No. 144 (Adj. Sess.), § 81; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)
§§ 1663, 1664. Repealed. 2017, No. 195 (Adj. Sess.), § 9.
§ 1665. Exception; application of law
Section 1662 of this title shall not affect the rights of a surviving spouse, but shall apply to the application
of the net proceeds of a sale of mortgaged real estate sold pursuant to a license
granted by the Probate Division of the Superior Court after February 1, 1901. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)