Conveyance or lease after death of decedent
Sec. 12. (a) When any person legally bound to make a conveyance
or lease dies before making the same, the court, with or without
notice, may direct the personal representative to make the
conveyance or lease to the person entitled thereto. A petition for this
purpose may be made by any person claiming to be entitled to such
conveyance or lease, or by the personal representative, or by any
other person interested in the estate or claiming an interest in the real
property or contract, and shall show the description of the land and
the facts upon which such claim for conveyance or lease is based.
Upon satisfactory proofs the court may order the personal
representative to execute and deliver an instrument of conveyance or
lease to the person entitled thereto upon performance of the contract.
A certified copy of the order may be recorded with the deed of
conveyance or lease in the office of the recorder of the county where
the land lies, and shall be prima facie evidence of the due
appointment and qualification of the personal representative, the
correctness of the proceedings and the authority of the personal
representative.
(b) If a personal representative has been given power by will to
make a conveyance or lease, he may, in lieu of the foregoing
procedure, and without order of the court, execute a conveyance or
lease, pursuant to and in accordance with such power, to the person
entitled thereto upon performance of the contract. A certified copy
of the will and a certified copy of the personal representative's letters
may be recorded with the deed of conveyance or lease in the office
of the recorder of the county where the land lies, and shall be prima
facie evidence of the due appointment and qualification of the
personal representative and his authority to execute the deed of
conveyance or lease.
(c) If the contract for a lease or conveyance requires the giving of
warranties, the deed or lease to be given by the personal
representative shall contain the warranties required. Such warranties
shall be binding on the estate as though made by the decedent but
shall not bind the personal representative personally.
(Formerly: Acts 1953, c.112, s.1312.)
Last modified: May 27, 2006