(1) A personal representative has power to sell, mortgage, lease or otherwise deal with property of the estate without notice, hearing or court order.
(2) Exercise of the power of sale by the personal representative is improper, except after notice, hearing and order of the court, if:
(a) The sale is in contravention of the provisions of the will; or
(b) The property is specifically devised and the will does not authorize its sale; or
(c) A bond of the personal representative has been required and filed, the sale price of the property to be sold exceeds $5,000 and the bond of the personal representative has not been increased by the amount of cash to be realized on the sale, unless the court has directed otherwise. [1969 c.591 §129]Section: Previous 114.275 114.285 114.295 114.305 114.310 114.315 114.320 114.325 114.330 114.333 114.335 114.340 114.345 114.350 114.355 Next
Last modified: August 7, 2008