Friday, March 8, 2024

Four situations in which an executor or administrator may petition the court for an order authorizing the sale of real property in Mississippi

 

There are four situations in which an executor or administrator may petition the court for an order authorizing the sale of real property:

pursuant to Miss. Code Ann. § 91-7-187 authorizing the sale of land, with due consideration given to the interests of the distributees, in preference to the personal property;

pursuant to Miss. Code Ann. § 91-7-189 authorizing the sale of land if a decedent had purchased land prior to his death and died before completing payment for it and the decedent’s personal property is not sufficient to pay the debt;

pursuant to Miss. Code Ann. § 91-7-191, if the executor or administrator determines that the personal property will not be sufficient to pay the debts and expenses of the estate; and

pursuant to Miss. Code Ann. § 91-7-261, if the executor or administrator determines that both the real and personal property will be insufficient to pay the debts of the estate.

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