QuestionsQuestions (Act No. 3882)
It authorizes the executor or administrator to sell or encumber the real estate of a deceased person without the written consent of heirs, devisees, and other interested persons, by allowing the court to issue a license under specified conditions.
Section 714 of the Code of Civil Procedure, as amended by Act No. 2884.
When there is no personal estate, or when, although personal estate exists, its sale would redound to the detriment of the interests of the estate participants; and when the deceased left no testamentary disposition for the payment of debts and charges of administration.
The executor or administrator of the deceased.
The executor or administrator must give written notice to the heirs, devisees, and other persons interested in the estate.
It must clearly appear that the sale/mortgage/encumbrance would be beneficial to the persons interested and would not defeat any devise of land.
No. The act removes the necessity of written consent of heirs, devisees, and other interested persons, but it still requires the assent of the devisee when the license involves real property and the devisee’s assent is required under the clause in the statute.
When the court grants the license to sell/mortgage/encumber real estate, in which case the assent of the devisee shall be required.
It allows the license even if personal estate exists, but only when the sale of personal estate would redound to the detriment of the interests of the participants in the estate.
The license may be granted only if the deceased has left no testamentary disposition for the payment of debts and charges of administration.
It means the proposed sale or encumbrance must not impair, nullify, or undermine the land that was specifically devised under the will.
The court acts on the executor/administrator’s application and grants a license only after the statutory conditions are met and notice requirements are satisfied.
Section 2 provides that it shall be applicable to all testamentary or intestate proceedings pending at the time of its approval.
It covers both testamentary and intestate proceedings (as stated in Section 2).
Heirs, devisees, and other persons interested in the estate.
The license may authorize the executor/administrator to sell or mortgage-wise encumber real estate.