Court review of sale

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  • (a) Within ten days after the sale of real property under section 499 of this title the executor or administrator shall make a return of his proceedings concerning the sale. Upon the return any of the persons cited to appear on the application for the order of sale may file his objections to the confirmation of the sale.

  • (b) Upon the hearing the court shall confirm the sale and order that the executor or administrator make a conveyance to the purchaser, unless it appears that there were irregularities in the sale, or that the sum bid for the property is disproportionate to the value thereof, and that a sum exceeding such bid at least ten per centum, exclusive of the expenses of a new sale, may be obtained therefor, in either of which cases the court shall make an order vacating the sale and directing that the property be resold. Upon the second sale, the property, or any specific portion or lot thereof, ordered to be resold shall be sold as if no previous sale had taken place. In case no objections are made to the confirmation of the sale as provided in subsection (a) of this section, the court shall nevertheless examine the proceedings concerning the sale, and, if it appear proper, may make the order of resale provided for in this subsection in the same manner and with like effect as if objections had been filed thereto. When a resale of real estate is ordered, the court may, in its discretion, order the resale to be made either by public auction or by private sale. When the court orders a private sale the highest or best bidder at the auction shall be notified by the administrator in writing.


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