SB443 (2008) Detail

Requiring notice to the probate court prior to the sale of real estate by an administrator or executor.


SB 443 – AS INTRODUCED

2008 SESSION

08-2830

09/01

SENATE BILL 443

AN ACT requiring notice to the probate court prior to the sale of real estate by an administrator or executor.

SPONSORS: Sen. Foster, Dist 13

COMMITTEE: Judiciary

ANALYSIS

This bill requires notice to the probate court prior to the sale of real estate by an administrator or executor.

This bill was requested by the supreme court.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2830

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT requiring notice to the probate court prior to the sale of real estate by an administrator or executor.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Sale of Real Estate by Administrator or Executor; Notice to Probate Court. Amend RSA 559:18 to read as follows:

559:18 Sale of Real Estate.

I. Unless the will otherwise provides, an administrator or executor with the written consent of the widow or widower and the heirs at law or devisees, or the guardians or conservators of such of them as are under disability, may sell the whole or any part of the real estate of a decedent, conducting the sale with fidelity and impartiality. The administrator or executor, so authorized, may execute and deliver a valid conveyance of the estate to the purchaser. If there are heirs or legatees under disability, or whose whereabouts are unknown, or unknown heirs, the judge may appoint a guardian ad litem to represent their interests; said guardian ad litem to have authority to consent to a sale if, in his opinion, the best interests of his ward would be served thereby.

II. The administrator or executor shall notify the probate court of the sale no later than 3 business days after the closing. Other than the costs and expenses necessary to facilitate the closing, the administrator or executor shall not disburse any of the proceeds from the sale without the probate court’s approval.

2 Effective Date. This act shall take effect January 1, 2009.