59-2309. Report and confirmation. (a) The personal representative shall make a verified report of such representative's proceedings to the court, with the certificate of appraisement in case appraisement is required, and with proof of publication in case sale is made at public auction. The report shall state that the personal representative did not directly or indirectly acquire any beneficial interest in the real estate, or the lease or mortgage thereof, as the case may be, and that the personal representative is not interested in the property sold, leased or mortgaged, except as stated in such representative's report. The report also shall contain a full disclosure of any financial or blood relationship between the personal representative and the proposed purchaser, lessee or mortgagee. If no such relationship exists, the report shall so state.
(b) The court, after having duly examined the report and being satisfied that the sale, lease or mortgage has been in all respects made in conformity to law and ought to be confirmed, shall confirm it and order the personal representative to make a deed, lease or mortgage to the person entitled thereto. The instrument shall refer to the order for sale, lease or mortgage by its date, and the court by which it was made, and shall transfer to the grantee, lessee or mortgagee all the right, title and interest of the decedent or conservatee in the estate granted by the instrument, discharged from liability assumed for the decedent's or conservatee's debts, except encumbrances assumed.
History: L. 1939, ch. 180, § 264; L. 1965, ch. 346, § 38; L. 1975, ch. 299, § 27; L. 1985, ch. 191, § 51; 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.