Petition to sell real property.

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§531-28.5 Petition to sell real property. If required by the decedent's will or if demanded by a devisee in a testate probate proceeding or by an heir in an intestate probate proceeding, the personal representative or guardian shall present to the court having jurisdiction of the estate a petition setting forth the condition of the estate, and the facts and circumstances tending to show the necessity or expediency of the sale of real property. If it appears to the court either that it is necessary or that it would be advisable and for the benefit of the estate that the real property or any part thereof be sold, and that sufficient notice of the proposed sale has been given to interested persons as defined in section 560:1-201, the court may authorize the personal representative or guardian to sell the real property either at private sale or at public auction on such terms as the court shall order. [L 1980, c 260, §2; am L 1996, c 288, §2; am L 1997, c 244, §14]

Rules of Court

Sale of real property, see Hawaii Probate Rules, part B(VI).


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