Rule 66 Authorization to Offer Real Property for Sale
Part B. Probate Proceedings | B-VI. Sale of Real Property
Rule Text
A personal representative shall petition the court for authorization to offer for sale real property belonging to the estate if such a petition is required by the deceased's will or is demanded by a devisee in a testate probate proceeding or by an heir in an intestate probate proceeding. If all the beneficiaries, devisees or heirs who would otherwise be entitled to take the property absent a sale join in a petition for authorization to sell, then such authorization may be granted on an ex parte basis. If all such beneficiaries do not join in the petition, the court shall set the petition for hearing with notice to all beneficiaries who would otherwise be entitled to take the property absent a sale.
Amendment history: Amended November 12, 1997, effective December 15, 1997; further amended June 25, 2003, effective July 1, 2003.