§ 106. Forfeiture and sale
(a) When there are minor children living, an executor or administrator may make application to the probate division of the superior court to sell such homestead, such application stating the facts on which it is based, where:
(1) The widow or surviving husband was not living with the deceased husband or wife at the time of the death of the other and had not resided at the homestead for two years immediately prior to such death through the fault of such widow or surviving husband; or
(2) Such widow or surviving husband has left the homestead and his or her residence cannot be ascertained after diligent inquiry by the executor or administrator of the deceased spouse.
(b) After personal notice where possible or after order of publication thereon complied with, the probate division of the superior court may grant a license to the executor or administrator to sell the homestead if upon hearing it finds that such widow or surviving husband resided away from the homestead through his or her own fault or with the intention to abandon the minor children of the deceased. If the probate division of the superior court shall embody in such license a clause to such effect, such widow or surviving husband shall lose all right in and to such homestead. The net proceeds of such sale shall be assigned by the probate division of the superior court to such minor children for their use and benefit. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)