28A-17-7. Order granted if petition not denied; public or private sale; procedure for sale.
If, by default or admission, the allegations in the petition are not controverted, the clerk of superior court may summarily order a sale. The procedure for the sale shall be as is provided in Article 29A of Chapter 1 of the General Statutes, entitled "Judicial Sales." If it is made to appear to the clerk by petition and by satisfactory proof that it will be for the best interest of the estate to sell by private sale, the clerk may authorize a private sale in accordance with the provisions of G.S. 1-339.33 through 1-339.40. (1868-9, c. 113, s. 48; Code, s. 1443; Rev., s. 79; C.S., s. 83; 1949, c. 719, s. 2; 1973, c. 1329, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 28A - Administration of Decedents' Estates
Article 17 - Sales, Leases or Mortgages of Real Property.
§ 28A-17-1 - Sales of real property.
§ 28A-17-2 - Contents of petition for sale.
§ 28A-17-3 - Petition for partition.
§ 28A-17-4 - Heirs and devisees necessary parties.
§ 28A-17-5 - Property subject to sale; conveyance by deceased in fraud of creditors.
§ 28A-17-6 - Adverse claimant to be heard; procedure.
§ 28A-17-7 - Order granted if petition not denied; public or private sale; procedure for sale.
§ 28A-17-8 - Under power in will, sales public or private.
§ 28A-17-9 - Death of vendor under contract; representative to convey.
§ 28A-17-10 - Title in personal representative for estate; he or successor to convey.
§ 28A-17-11 - Personal representative may lease or mortgage.
§ 28A-17-12 - Sale, lease or mortgage of real property by heirs or devisees.