Business of decedent; continuing
Sec. 11. Upon a showing of advantage to the estate, the court may
authorize the personal representative to continue any business of the
decedent for the benefit of the estate; but if the decedent died testate
and his estate is solvent, the order of the court shall be subject to the
provisions of the will. The order may be with or without notice. If
notice is not given to all interested persons before the order is made,
notice of the order shall be given within five (5) days after the order,
and any such person not previously notified by publication or
otherwise may show cause why the order should be revoked or
modified. The order may provide:
(a) For the conduct of the business solely by the personal
representative or jointly with one (1) or more of the decedents'
surviving partners, or as a corporation to be formed by the personal
representative alone or acting with others;
(b) The extent of the liability of the estate, or any part thereof, or
the personal representative, for obligations incurred in the
continuation of the business;
(c) As to whether liabilities incurred in the conduct of the
business are to be chargeable solely to the part of the estate set aside
for use in the business or to the estate as a whole; and
(d) As to the period of time for which the business may be
conducted, and such other conditions, restrictions, regulations and
requirements as the court may order.
(Formerly: Acts 1953, c.112, s.1311.)
Last modified: May 27, 2006