Title 58, Title 58 — Probate Procedure

If it appear necessary to sell a part of the real estate, and that by a sale thereof the residue of the estate, real or personal, or some specific part thereof, would be greatly injured or diminished in value, or subjected to expense or rendered unprofitable, or that after such s…

If the court be satisfied, after a full hearing upon the petition and examination of the proofs and allegations of the petitioner and the heirs, legatees and devisees who may oppose the application, that a sale of the whole or some portion of the real estate is necessary, for any…

The order of sale must describe the lands to be sold and the terms of sale, which may be for cash or may be for one-fourth (1/4) cash and the balance on a credit not exceeding two (2) years, payable in gross or installments within that time, with interest, as the court may direct…

The district court, after hearing the evidence on petitions for the probate of wills, must set forth its findings of fact and conclusions of law in writing and render a judgment based upon such findings, either admitting, or refusing to admit, the will to probate. The judgment an…

If the executor or administrator neglects to apply for any order of sale when it is necessary, any person may make application therefor in the same manner as the executor or administrator, and notice thereof must be given to the executor or administrator before the hearing. The p…

When a sale is ordered to be made at public auction, notice of the time and place of sale must be published once each week for two (2) consecutive weeks in a newspaper in each county in which any part of the real property to be sold is situated, and in the county where the order …

Sales at public auction must be made in the county where the land is situated; but when the land is situated in two or more counties, it may be sold in either. The sale must be made between the hours of nine o'clock in the morning and the setting of the sun on the same day, and m…

When a sale of real property is ordered to be made at private sale, notice of such sale must be published once each week for two (2) consecutive weeks in a newspaper in each county in which any part of the land to be sold is situated, and in the county where the order is made and…

sale under authority of will. No sale of real estate at private sale shall be confirmed by the court unless the sum offered is at least ninety percent (90%) of the appraised value thereof, nor unless such real estate has been appraised within one (1) year of the time of such sale…

The executor or administrator must, when the sale is made upon a credit, take the notes of the purchaser for the purchase money with a mortgage on the property to secure their payment. R.L.1910, § 6385.

Except when a sale is made pursuant to Section 239 of this title, the executor or administrator, after making any sale of real property, must file a sworn return of his proceedings in the court. The court must fix the day for the hearing of such return, and give at least ten (10)…

When return of the sale is made and filed, any person interested in the estate may file written objections to the confirmation thereof, and may be heard thereon when the return is heard by the court or judge, and may produce witnesses in support of his objections. R.L.1910, § 638…

If it appear to the court that the sale was legally made and fairly conducted, and that the sum bid was not disproportionate to the value of the property sold, and that a greater sum, as above specified, cannot be obtained, or if the increased bid mentioned in the second precedin…

Conveyances must thereupon be executed to the purchaser by the executor or administrator and they must refer to the order of the district court confirming the sale of the property of the estate, and directing the conveyances thereof to be executed, unless the sale is made pursuan…

If the will is contested, all the subscribing witnesses who are present in the county, and who are of sound mind, must be produced and examined; and the death, absence or insanity of any of them must be satisfactorily shown to the court. If none of the subscribing witnesses resid…

Before any order is entered confirming the sale, it must be proved to the satisfaction of the court that notice was given of the sale as prescribed, and the order of confirmation must show that such proof was made. R.L.1910, § 6390.

If, at the time appointed for the sale, the executor or administrator deems it for the interest of the persons concerned therein that the same be postponed, he may postpone it from time to time, not exceeding in all three (3) months. R.L.1910, § 6391.

In case of a postponement, notice thereof must be given, by public announcement and posting of notice at the time and place first appointed for the sale. If the postponement be for more than ten (10) days, notice must also be given by one publication in a newspaper in the county …

The testimony of any witness or witnesses admitted at a hearing on a petition to probate a will shall be recorded in one of the following methods: (a) filing with the court clerk a written summary of the testimony, subscribed and sworn to by each witness in the presence of a judg…

If the testator makes provisions by his will or designates the estate to be appropriated for the payment of his debts, the expenses of administration, or family expenses, they must be paid according to such provisions or designation, out of the estate thus appropriated, so far as…

When property is directed or authorized by the will to be sold or dealt with in any other manner by the executor, the executor may sell or otherwise deal with any property of the estate without the order of the court on such basis and on such terms as the executor may determine; …

When the will of a testator authorizes the executor or personal representative of an estate being probated to institute partition of real property in which the testator at his death held an undivided interest, an order by the probate court authorizing the institution of such acti…

If the provision made by the will, or the estate appropriated therefor, is insufficient to pay the debts, expenses of administration, and family expenses, that portion of the estate not devised or disposed of by will, if any, must be appropriated and disposed of for that purpose …

The estate, real and personal, given by will to legatees or devisees, is liable for the debts, expenses of administration, and family expenses, in proportion to the value or amount of the several devises, or legacies, but specific devises or legacies are exempt from such liabilit…

No real property of a deceased person shall be liable for debts of such person unless letters testamentary or of administration be granted within three (3) years from the date of the death of such decedent; provided, however, that this section shall not affect the lien of any mor…

When an estate given by will has been sold for the payment of debts or expenses, all the devisees and legatees must contribute according to their respective interests to the devisee or legatee whose devise or legacy has been taken therefor, and the district court, when distributi…

If a decedent, at the time of his death, was possessed of a contract for the purchase of land, his interests in such land and under such contracts may be sold on the application of his executor or administrator, in the same manner as if he had died seized of such land, and the sa…

The sale must be made subject to all payments that may hereafter become due on such contracts, and if there are any such the sale must not be confirmed by the district court until the purchasers execute a bond to the executor or administrator, for the benefit and indemnity of him…

The bond must be conditioned that the purchaser will make all payments for such land that become due after the date of the sale, and will fully indemnify the executor or administrator and the persons so entitled against all demands, costs, charges and expenses by reason of any co…

Upon the confirmation of the sale, the executor or administrator must execute to the purchaser an assignment of the contract, which vests in the purchaser, his heirs and assigns, all the right, title and interest of the estate, or of the persons entitled to the interest of the de…

When any sale is made by an executor or administrator, pursuant to the provisions of this chapter, of lands subject to any mortgage or other lien, which is a valid claim against the estate of the decedent and has been presented and allowed, the purchase money must be applied, aft…

At any sale under order of the district court, of lands upon which there is a mortgage or lien, the holder thereof may become the purchaser, and his receipt for the amount due him from the proceeds of the sale is a payment pro tanto. If the amount for which he purchased the prope…

If there is any neglect or misconduct in the proceedings of the executor or administrator in relation to any sale, by which any person interested in the estate suffers damage, the party aggrieved may recover the same in an action upon the bond of the executor or administrator or …

Any executor or administrator who fraudulently sells any real estate of a decedent, contrary to or otherwise than under the provisions of this chapter, is liable in double the value of the land sold, as liquidated damages, to be recovered in action by the person having an estate …

No action for the recovery of any estate sold by an executor or administrator, under the provisions of this chapter, can be maintained by any heirs, or other persons claiming under the decedent, unless it be commenced within two (2) years next after the sale. An action to set asi…

The preceding section shall not apply to minors, or others under any legal disability to sue at the time when the right of action first accrues; but all such persons may commence an action at any time within two (2) years after the removal of the disability. R.L.1910, § 6407; Law…

When a sale has been made by an executor or administrator, of any property of the estate, real or personal, he must return to the district court, within thirty (30) days, an account of sales, verified by his affidavit. If he neglect to make such return, he may be punished by atta…

No executor or administrator must directly or indirectly, purchase any property of the estate he represents, nor must he be interested in any sale. R.L.1910, § 6409.

The district court may authorize the executor or administrator of any estate to enter into a written contract with any bona fide agent to secure a purchaser for any real or personal property of the estate, which contract shall provide for the payment to such agent, out of the pro…

holding contract. In case of sale on an increased bid made at the time of confirmation to a purchaser not procured by the agent holding the contract, the court shall allow a commission on the full amount for which the sale is confirmed, one-half (1/2) of said commission on the or…

Where an original bid is made by a purchaser direct to the estate and, thereafter, at the time of hearing the return of sale containing the original bid, an increased bid is made by a bona fide agent which results in the confirmation and sale of the property at such increased bid…

The district court in and for the county of proper venue has exclusive jurisdiction to prove a will or to grant letters testamentary or of administration. Proper venue for hearing in such actions shall be determined as follows: 1. If the decedent died as a resident of this state,…

When a person who is bound by contract in writing to convey any real estate, dies before making the conveyance, and such decedent, if living, might be compelled to make such conveyance, the district court may enter a decree authorizing and directing his executor or administrator …

On the filing of a verified application by either the executor or the administrator, or by any person claiming to be entitled to such conveyance from an executor or administrator, setting forth the facts upon which the claim is predicated, the court shall appoint a time for heari…

At the time and place appointed for the hearing, or at such other time to which the same may be postponed, upon satisfactory proof, by affidavit or otherwise, of proper mailing and publication of notice, as required by the preceding sections, the court shall conduct said hearing,…

If, after a full hearing upon the application and objections, and examination of the facts and circumstances of the claim, the court is satisfied that the person claiming to be entitled to such conveyance is entitled thereto, a decree authorizing and directing the executor or adm…

The executor or administrator must execute the conveyance according to the directions of the decree, a certified copy of which shall be recorded with the deed in the office of the county clerk of the county where the real estate is situated, and shall be prima facie evidence of t…

Every conveyance made pursuant to a decree of the district court, as provided in this chapter, shall pass the title to the estate contracted for as fully as if the contracting party himself was still living and executed the conveyance. R.L.1910, § 6416; Laws 1953, p. 241, § 41; L…

The recording of any decree, as provided in the preceding section, shall not prevent the court which entered the decree from enforcing the same by other process. R.L.1910, § 6418; Laws 1975, c. 13, § 7, eff. Oct. 1, 1975.

Every will duly proved and allowed in any of the territories, or in any of the United States or the District of Columbia, or in any foreign country or state, may be allowed and recorded in the district court of any county in which the testator shall have left any estate, or any e…