When the will of a testator authorizes the executor or personal representative of an estate being probated to institute partition of real property in which the testator at his death held an undivided interest, an order by the probate court authorizing the institution of such action, or the joinder of such action with a quiet title suit, shall be unnecessary. Further, in the event a sale is confirmed in the partition action, no confirmation of sale in the probate case shall be required.
Laws 1976, c. 77, § 1, emerg. eff. April 29, 1976.