§ 30-4-755 — Hearing, notice and order.

If it appears to the court, from the petition, that it is necessary or would be beneficial to the ward or the estate of the ward that the real or personal estate, or some part of such estate, should be sold, the court shall thereupon make an order directing all persons entitled to notice pursuant to Section 2-101 of this title for minors or Section 3-110 of this title for adults to appear before the court, at a time and place therein specified in the order and notice, not less than ten (10) nor more than thirty (30) days from the time of making such order, unless notice is waived, as provided in Section 4-756 of this title, to show cause why an order should not be granted for the sale of such estate. If it appear that it is necessary or would be beneficial to the ward to sell the personal estate or some part of it, the court must order the sale to be made.

Legislative History

R.L. 1910, § 6558. Amended by Laws 1953, p. 246, § 74; Laws 1988, c. 329, § 103, eff. Dec. 1, 1988. Renumbered from Title 58, § 826 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 69, operative July 1, 1990.