Article 23.--PROCEEDINGS FOR SALE, LEASE AND MORTGAGE OF REALTY
59-2303.Petition to sell, lease or mortgage real estate.(a) An executor or administrator may file a petition to sell real estateof a decedent. The petition shall state the facts constituting the reasonsfor the application and describe the real estate to be sold. It may includeall the real estate of the decedent subject to sale, or any part or partsthereof.
The petition also may state the name of a prospective purchaser and theterms of a proposed sale, and may include a request for approval ofnamed appraisers and for confirmation of the proposed transaction. In this event,the petition also shall contain a full disclosure of any financial or bloodrelationship between the proposed purchaser and the fiduciary. If no suchrelationship exists, the petition shall so state.
(b) A conservator may file a petition to sell, lease, or mortgage realestate of a conservatee. The petition shall state the facts constitutingthe reasons for the application and describe the real estate to be sold,leased, or mortgaged. It may include all the real estate of the conservateesubject to sale, lease, or mortgage, or any part or parts thereof. It mayapply in the alternative for authority to sell, lease, or mortgage.
The petition also may state the name of a prospective purchaser, lesseeor mortgagee and the terms of a proposed sale, lease or mortgage, and mayinclude a request for approval of named appraisers and for confirmation of theproposed transaction. In this event, the petition also shall contain a fulldisclosure of any financial or blood relationship between the proposedpurchaser, lessee and mortgagee, and the fiduciary. If no such relationshipexists, 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.
Article 23.--PROCEEDINGS FOR SALE, LEASE AND MORTGAGE OF REALTY
59-2303.Petition to sell, lease or mortgage real estate.(a) An executor or administrator may file a petition to sell real estateof a decedent. The petition shall state the facts constituting the reasonsfor the application and describe the real estate to be sold. It may includeall the real estate of the decedent subject to sale, or any part or partsthereof.
The petition also may state the name of a prospective purchaser and theterms of a proposed sale, and may include a request for approval ofnamed appraisers and for confirmation of the proposed transaction. In this event,the petition also shall contain a full disclosure of any financial or bloodrelationship between the proposed purchaser and the fiduciary. If no suchrelationship exists, the petition shall so state.
(b) A conservator may file a petition to sell, lease, or mortgage realestate of a conservatee. The petition shall state the facts constitutingthe reasons for the application and describe the real estate to be sold,leased, or mortgaged. It may include all the real estate of the conservateesubject to sale, lease, or mortgage, or any part or parts thereof. It mayapply in the alternative for authority to sell, lease, or mortgage.
The petition also may state the name of a prospective purchaser, lesseeor mortgagee and the terms of a proposed sale, lease or mortgage, and mayinclude a request for approval of named appraisers and for confirmation of theproposed transaction. In this event, the petition also shall contain a fulldisclosure of any financial or blood relationship between the proposedpurchaser, lessee and mortgagee, and the fiduciary. If no such relationshipexists, 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.
Article 23.--PROCEEDINGS FOR SALE, LEASE AND MORTGAGE OF REALTY
59-2303.Petition to sell, lease or mortgage real estate.(a) An executor or administrator may file a petition to sell real estateof a decedent. The petition shall state the facts constituting the reasonsfor the application and describe the real estate to be sold. It may includeall the real estate of the decedent subject to sale, or any part or partsthereof.
The petition also may state the name of a prospective purchaser and theterms of a proposed sale, and may include a request for approval ofnamed appraisers and for confirmation of the proposed transaction. In this event,the petition also shall contain a full disclosure of any financial or bloodrelationship between the proposed purchaser and the fiduciary. If no suchrelationship exists, the petition shall so state.
(b) A conservator may file a petition to sell, lease, or mortgage realestate of a conservatee. The petition shall state the facts constitutingthe reasons for the application and describe the real estate to be sold,leased, or mortgaged. It may include all the real estate of the conservateesubject to sale, lease, or mortgage, or any part or parts thereof. It mayapply in the alternative for authority to sell, lease, or mortgage.
The petition also may state the name of a prospective purchaser, lesseeor mortgagee and the terms of a proposed sale, lease or mortgage, and mayinclude a request for approval of named appraisers and for confirmation of theproposed transaction. In this event, the petition also shall contain a fulldisclosure of any financial or blood relationship between the proposedpurchaser, lessee and mortgagee, and the fiduciary. If no such relationshipexists, 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.
