§ 58-239 — Petition - Consent - Orders to be entered - Withdrawal of

waivers or consents - Consent not required, when. A. After the appointment of the personal representative, and, provided that a determination of the identities of the heirs, devisees and legatees of the decedent has been made pursuant to the provisions of Section 240 of this title, and upon the filing of a petition or application, the petition to be accompanied by acknowledged, written consents by all heirs, devisees and legatees, other than contingent devisees and legatees, persons authorized to act on behalf of any heir, devisee or legatee under any legal disability, and personal representatives of the estate of any deceased heir, devisee or legatee, the court may enter an order: 1. Authorizing the personal representative to sell, grant, lease, mortgage or encumber any real or personal property including mineral interests, and to execute and issue deeds, leases, bills of sale, notes, mortgages, easements and other documents of conveyance, without further judicial authorization or a return of sale or confirmation of such sale or transaction. Any sale or transaction so authorized shall pass title to the purchaser without being confirmed by the court, notwithstanding any statutory provision to the contrary; or 2. Waiving the filing of any accounting specified in the consents of the persons herein named, or waiving the necessity for presentation to the court for approval of any such accounting. B. Waivers or consents may be withdrawn at any time and thereafter all acts shall be in accordance with regular statutory procedures. A withdrawal of a waiver or consent shall be effected by filing a written statement of withdrawal with the court clerk and by serving a certified copy on the personal representative or the attorney for the personal representative by certified mail. C. Notwithstanding the foregoing, if the petition or application is filed after three (3) months from the date of admission of the will to probate, and no appeal of the admission of the will is pending nor has any contest to admission of the will to probate been filed after admission of the will to probate, and if the will contains a residuary disposition clause, then the consents of heirs who are neither devisees nor legatees shall not be required.

Legislative History

Added by Laws 1980, c. 310, § 7, eff. Oct. 1, 1980. Amended by Laws 1989, c. 276, § 2, eff. Nov. 1, 1989; Laws 1993, c. 345, § 8, eff. Sept. 1, 1993; Laws 2010, c. 44, § 1, eff. Nov. 1, 2010.