§ 1653 - License to sell; when beneficial
§ 1653. License to sell; when beneficial
(a) When it appears to the probate court that it will be beneficial to interested persons, that a part or the whole of the estate, except the part thereof which passes to the surviving spouse, should be sold, on motion of the executor or administrator, the court may grant license to sell a part or the whole of the estate although not necessary to pay debts, legacies or charges of administration. The court shall schedule a hearing and notice shall be given as provided by the rules of probate procedure. With the consent in writing of the surviving spouse of the deceased or the legal representative of the surviving spouse, the license may include authority to sell the interest of the surviving spouse, as the case may be, in such real estate.
(b) If the power to sell all or part of the testator's real or personal estate is expressly conferred by the will, the court shall issue a license to the executor or administrator c.t.a., without notice or hearing, as to any property subject to the testamentary power except a dwelling house in which the surviving spouse or an heir, devisee or legatee is residing.
(c) Notwithstanding any provision of this section no beneficial license to sell inconsistent with the provisions or intent of a will shall be issued. (Amended 1975, No. 240 (Adj. Sess.), § 5; 1983, No. 223 (Adj. Sess.); 1985, No. 144 (Adj. Sess.), § 77.)