§ 29-1-13-12 — Conveyance or lease after death of decedent

(a) When any person legally bound to make
a conveyance or lease dies before making the same, the court, with or
without notice, may direct the personal representative to make the
conveyance or lease to the person entitled thereto. A petition for this
purpose may be made by any person claiming to be entitled to such
conveyance or lease, or by the personal representative, or by any other
person interested in the estate or claiming an interest in the real
property or contract, and shall show the description of the land and the
facts upon which such claim for conveyance or lease is based. Upon
satisfactory proofs the court may order the personal representative to
execute and deliver an instrument of conveyance or lease to the person
entitled thereto upon performance of the contract. A certified copy of
the order may be recorded with the deed of conveyance or lease in the
office of the recorder of the county where the land lies, and shall be
prima facie evidence of the due appointment and qualification of the
personal representative, the correctness of the proceedings and the
authority of the personal representative.
(b) If a personal representative has been given power by will to
make a conveyance or lease, he may, in lieu of the foregoing procedure,
and without order of the court, execute a conveyance or lease, pursuant
to and in accordance with such power, to the person entitled thereto
upon performance of the contract. A certified copy of the will and a
certified copy of the personal representative's letters may be recorded
with the deed of conveyance or lease in the office of the recorder of the
county where the land lies, and shall be prima facie evidence of the due
appointment and qualification of the personal representative and his
authority to execute the deed of conveyance or lease.
(c) If the contract for a lease or conveyance requires the giving of
warranties, the deed or lease to be given by the personal representative
shall contain the warranties required. Such warranties shall be binding
on the estate as though made by the decedent but shall not bind the
personal representative personally.
Formerly: Acts 1953, c.112, s.1312.