59-2303. Petition to sell, lease or mortgage real estate. (a) An executor or administrator may file a petition to sell real estate of a decedent. The petition shall state the facts constituting the reasons for the application and describe the real estate to be sold. It may include all the real estate of the decedent subject to sale, or any part or parts thereof.
The petition also may state the name of a prospective purchaser and the terms of a proposed sale, and may include a request for approval of named appraisers and for confirmation of the proposed transaction. In this event, the petition also shall contain a full disclosure of any financial or blood relationship between the proposed purchaser and the fiduciary. If no such relationship exists, the petition shall so state.
(b) A conservator may file a petition to sell, lease, or mortgage real estate of a conservatee. The petition shall state the facts constituting the reasons for the application and describe the real estate to be sold, leased, or mortgaged. It may include all the real estate of the conservatee subject to sale, lease, or mortgage, or any part or parts thereof. It may apply in the alternative for authority to sell, lease, or mortgage.
The petition also may state the name of a prospective purchaser, lessee or mortgagee and the terms of a proposed sale, lease or mortgage, and may include a request for approval of named appraisers and for confirmation of the proposed transaction. In this event, the petition also shall contain a full disclosure of any financial or blood relationship between the proposed purchaser, lessee and mortgagee, and the fiduciary. If no such relationship exists, the petition shall so state.
History: L. 1939, ch. 180, § 258; L. 1965, ch. 346, § 36; L. 1975, ch. 299, § 23; L. 1976, ch. 245, § 6; July 1.
Structure Kansas Statutes
Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty
59-2302 Lease for three years or less.
59-2303 Petition to sell, lease or mortgage real estate.
59-2306 Additional bond of representative.
59-2308 Sale at public auction.
59-2309 Report and confirmation.
59-2310 Authorization of conveyance or lease of real estate.
59-2311 Title conveyed by deed or other instrument executed by personal representative.
59-2312 Real estate commission.
59-2313 Payment of title documents.
59-2316 Same; copy of proposed lease; notice and hearing.
59-2317 Same; guardian ad litem; duties.
59-2318 Same; what renewed or refinanced mortgage may include.
59-2319 Same; proceeds from lease exempt from certain liabilities.
59-2320 Same; assignment of proceeds from lease for certain purposes.
59-2321 Same; distribution of net proceeds of lease; revocation or modification.
59-2322 Same; presumptive evidence that mortgage or lease properly executed.