59-1413. Sale under will; exercise of power; tax liens and claims. (a) If a will authorizes the executor to sell any property, the executor, or an administrator with the will annexed, may exercise such power without any order of the district court, unless the will provides otherwise. Subject to the limitations contained in K.S.A. 59-704, and amendments thereto, such power may be exercised at any time except when a proceeding to set aside or contest the will or to probate a later will of the decedent is pending.
(b) Every conveyance of real estate of a decedent to a bona fide purchaser, pursuant to the authority of this section, shall transfer such real estate free and clear from liens and claims of all creditors of the decedent of the estate of the decedent and of the heirs, devisees and legatees of the decedent and any such liens or claims shall be transferred to the proceeds of such sale received by the executor or administrator making the same but such transferral shall not affect tax liens against the estate.
History: L. 1939, ch. 180, § 111; L. 1951, ch. 338, § 1; L. 1967, ch. 315, § 1; L. 1976, ch. 242, § 16; L. 1980, ch. 167, § 4; L. 2000, ch. 76, § 3; L. 2010, ch. 44, § 21; July 1.
Structure Kansas Statutes
Article 14 - Management And Sale Of Assets
59-1402 Continuation of business.
59-1403 Foreclosure of mortgage.
59-1405 Order in which assets to be appropriated.
59-1406 Specifically bequeathed property.
59-1407 Sale of personal property.
59-1408 Refund of legacies and distributive shares.
59-1410 Sale of realty; conveyance to bona fide purchaser; effect.
59-1411 When realty fraudulently conveyed to be included.
59-1412 Sale of part or whole.
59-1413 Sale under will; exercise of power; tax liens and claims.