§ 30-2-303 — Sale of decedent's effects

Unless otherwise directed by the will and unless the specific personal property is the subject of a bequest, the personal representative of a testate or intestate estate may, in the personal representative's discretion, sell the personal property of the decedent at public or private sale, for cash or on terms, in such manner and for such prices as the personal representative may deem advisable; but the personal representative shall not make a private sale to the personal representative, to business associates, to members of the personal representative's immediate family or to their agents without court approval or the written consent of all residuary distributees of the estate. The personal representative may employ persons or firms to conduct the sale and shall receive credit for all reasonable expenses of the sale in the final accounting.

Legislative History

Code 1858, §§ 2243-2245 (deriv. Acts 1723, ch. 10, § 2; 1797, ch. 7, § 5); Shan., §§ 3979-3981; mod. Code 1932, §§ 8191-8193; T.C.A. (orig. ed.), §§ 30-503 -- 30-505; Acts 1985, ch. 140, § 12.