§531-29 Confirmation of sales of real property by personal representatives or guardians. If required by the decedent's will or if demanded by a devisee in a testate probate proceeding or by an heir in an intestate probate proceeding, the personal representative or the guardian selling real property of the estate shall obtain from the court an order of confirmation of the sale before making conveyance of the real property sold. The order confirming the sale shall be given upon affirmative proof that the selling price was a fair and just price for the property sold and that the sale complied with the order of the court authorizing the sale.
If a sale being presented to the court for confirmation is a private sale, the court shall require a notice of the sale to be posted in an appropriate place in the courthouse of the circuit wherein the matter is pending and also of the circuit wherein the property is located, if they are different, at least fifteen days prior to considering the confirmation, the notice to set forth a description of the property, including the tax key number, the proposed sale price including the terms of payment, a description of any encumbrances thereon, the date of the confirmation hearing and a solicitation for sealed bids thereon or any other information required by the court. The court may also require that the notice be published at least twice in a newspaper in the circuit where the property is located, the last publication to be at least fifteen days prior to considering the confirmation. If a written offer in an amount at least ten per cent more on the first $10,000 of the selling price and five per cent more on the amount of the selling price in excess of $10,000 is made to the court by a responsible person, who may be the original offeror, prior to the hour scheduled for the hearing of confirmation, the court upon the hearing of confirmation, shall permit the original and subsequent offerors to make a further offer, and if any new offer shall be in an amount at least five per cent more than the highest written offer made to the court, then the court shall, in such manner as it shall determine, permit the original and subsequent offerors to make additional higher offers and shall confirm the sale to the one making the highest offer acceptable to the estate finally received.
Upon the confirmation of any sale, the court may fix the compensation for the services to the estate of the personal representative or guardian, the personal representative's or guardian's attorney, or real estate agent securing the original offeror. In case of a sale on an increased bid made at the time of confirmation to a purchaser other than the original offeror, the court shall also fix the compensation payable by the estate to the agent, if any, producing the successful bidder, but the total compensation payable by the estate in that case shall not exceed the amount of the commission payable on the amount for which the sale is confirmed. [L 1911, c 121, §3; RL 1925, §2495; am L 1935, c 55, §1; RL 1935, §4791; RL 1945, §12028; am L 1945, c 122, §3; RL 1955, §317-29; am L 1957, c 258, §2; am L 1959, c 130, §§1, 2; HRS §531-29; am L 1972, c 108, §1(a), (f); am L 1976, c 200, pt of §1; am L 1980, c 260, §1; am L 1981, c 82, §31; gen ch 1985; am L 1996, c 288, §3]
Rules of Court
Confirmation of sale, see HPR rules 69 to 72.
Case Notes
Administrator may not become purchaser of intestate's property. 1 H. 266 (476) (single justice).
Procedure for confirmation of private sale, prescribed by this section, applicable though sale directed by will and covered by §531-30. 45 H. 199, 364 P.2d 635.
Whether sale under power contained in will requires confirmation if made by testamentary trustee, raised but not decided. 45 H. 199, 203, 364 P.2d 635.
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