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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