59-1410. Sale of realty; conveyance to bona fide purchaser; effect.
59-1410
59-1410. Sale of realty; conveyance to bona fide purchaser; effect.(a) The executor or administrator may sell real estate of a decedent (1)whenever the sale thereof is necessary for the payment of reasonablefuneral expenses, expenses of last sickness, wages of servants duringthe last sickness, cost of administration, taxes, debts, or legaciescharged upon such real estate, (2) whenever it shall be determined bythe court that the real estate to be sold is a wasting asset and itsretention will be detrimental to the estate and such sale is for thebest interests of the estate or (3) at such other time as the courtshall determine is for the best interests of the estate. The proceeds ofany such sale which shall be available for distribution shall bedistributed to the same persons and in the same shares as if it hadremained real estate.
(b) For decedents dying before July 1, 1998, the lien of the state forinheritance taxes shall not extend toany right acquired by a purchaser through any conveyance made pursuantto this section notwithstanding any provision of K.S.A. 79-1569, andamendments thereto,to the contrary.
(c) Every conveyance of real estate of a decedent to a bona fidepurchaser, pursuant to the authority of this section, shall transfersuch real estate free and clear from liens and claims of all creditorsof the decedent of the estate of the decedent and of the heirs, deviseesand legatees of the decedent and any such liens or claims shall betransferred to the proceeds of such sale received by theexecutor oradministrator making the same but such transferral shall not affectinheritance tax liens or other tax liens against the estate.
History: L. 1939, ch. 180, § 108;L. 1968, ch. 175, § 2;L. 1971, ch. 193, § 2;L. 1972, ch. 217, § 1;L. 1980, ch. 167, § 3;L. 2000, ch. 76, § 2; July 1.