59-2304. Notice and hearing. Notice of the hearing, unless waived, shall briefly state the nature of the application made by the petition and shall be given in such manner as the court may direct. At the hearing and upon proof of the petition, the court shall have full power to order the sale, lease, or mortgage of all the real estate described in the petition, or to order the sale, lease, or mortgage of one or more tracts thereof, if such order shall be within the terms of the application made by the petition. The district court, with the consent of the mortgagee, may order the sale of real estate subject to the mortgage, but such consent shall release the estate of the decedent or conservatee, should a deficit later appear. If the petition and notice have included the details of a proposed transaction, the court may confirm the proposed sale, lease or mortgage, provided that the requirements of K.S.A. 59-1703 and 59-2307, have been met.
History: L. 1939, ch. 180, § 259; L. 1965, ch. 346, § 37; L. 1975, ch. 299, § 24; L. 1976, ch. 245, § 7; L. 1976, ch. 242, § 49; Jan. 10, 1977.
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.