Article 23.--PROCEEDINGS FOR SALE, LEASE AND MORTGAGE OF REALTY
59-2309.Report and confirmation.(a) The personal representative shall make a verified report of suchrepresentative's proceedings to the court, with the certificate ofappraisement in case appraisement is required, and with proof ofpublication in case sale is made at public auction. The report shallstate that the personal representative did not directly or indirectly acquire anybeneficial interest in the real estate, or the lease ormortgage thereof, as the case may be, and that the personal representative is notinterested in the property sold, leased or mortgaged, except as stated insuch representative's report. The report also shall contain a fulldisclosure of any financial or blood relationship between the personalrepresentative and the proposed purchaser, lessee or mortgagee. If no suchrelationship exists, the report shall so state.
(b) The court, after having duly examined the report and being satisfiedthat the sale, lease or mortgage has been in all respects made inconformity to law and ought to be confirmed, shall confirm it andorder the personal representative to make a deed, lease or mortgage to the personentitled thereto. The instrument shall refer to the order for sale, leaseor mortgage by its date, and the court by which it was made, and shalltransfer to the grantee, lessee or mortgagee all the right, title andinterest of the decedent or conservatee in the estate granted by theinstrument, discharged from liability assumed for thedecedent's or conservatee's debts, exceptencumbrances assumed.
History: L. 1939, ch. 180, § 264; L. 1965, ch. 346,§ 38; L. 1975, ch. 299, § 27;L. 1985, ch. 191, § 51; July 1.
Article 23.--PROCEEDINGS FOR SALE, LEASE AND MORTGAGE OF REALTY
59-2309.Report and confirmation.(a) The personal representative shall make a verified report of suchrepresentative's proceedings to the court, with the certificate ofappraisement in case appraisement is required, and with proof ofpublication in case sale is made at public auction. The report shallstate that the personal representative did not directly or indirectly acquire anybeneficial interest in the real estate, or the lease ormortgage thereof, as the case may be, and that the personal representative is notinterested in the property sold, leased or mortgaged, except as stated insuch representative's report. The report also shall contain a fulldisclosure of any financial or blood relationship between the personalrepresentative and the proposed purchaser, lessee or mortgagee. If no suchrelationship exists, the report shall so state.
(b) The court, after having duly examined the report and being satisfiedthat the sale, lease or mortgage has been in all respects made inconformity to law and ought to be confirmed, shall confirm it andorder the personal representative to make a deed, lease or mortgage to the personentitled thereto. The instrument shall refer to the order for sale, leaseor mortgage by its date, and the court by which it was made, and shalltransfer to the grantee, lessee or mortgagee all the right, title andinterest of the decedent or conservatee in the estate granted by theinstrument, discharged from liability assumed for thedecedent's or conservatee's debts, exceptencumbrances assumed.
History: L. 1939, ch. 180, § 264; L. 1965, ch. 346,§ 38; L. 1975, ch. 299, § 27;L. 1985, ch. 191, § 51; July 1.
Article 23.--PROCEEDINGS FOR SALE, LEASE AND MORTGAGE OF REALTY
59-2309.Report and confirmation.(a) The personal representative shall make a verified report of suchrepresentative's proceedings to the court, with the certificate ofappraisement in case appraisement is required, and with proof ofpublication in case sale is made at public auction. The report shallstate that the personal representative did not directly or indirectly acquire anybeneficial interest in the real estate, or the lease ormortgage thereof, as the case may be, and that the personal representative is notinterested in the property sold, leased or mortgaged, except as stated insuch representative's report. The report also shall contain a fulldisclosure of any financial or blood relationship between the personalrepresentative and the proposed purchaser, lessee or mortgagee. If no suchrelationship exists, the report shall so state.
(b) The court, after having duly examined the report and being satisfiedthat the sale, lease or mortgage has been in all respects made inconformity to law and ought to be confirmed, shall confirm it andorder the personal representative to make a deed, lease or mortgage to the personentitled thereto. The instrument shall refer to the order for sale, leaseor mortgage by its date, and the court by which it was made, and shalltransfer to the grantee, lessee or mortgagee all the right, title andinterest of the decedent or conservatee in the estate granted by theinstrument, discharged from liability assumed for thedecedent's or conservatee's debts, exceptencumbrances assumed.
History: L. 1939, ch. 180, § 264; L. 1965, ch. 346,§ 38; L. 1975, ch. 299, § 27;L. 1985, ch. 191, § 51; July 1.
