Chapter 559

Section 559:1

    559:1 When License Granted. – The judge, on application of the administrator, may grant a license for the sale of the real estate of any person deceased, or of lands purchased or set off to the administrator in payment of debts due to the estate, when the personal property shall be insufficient to pay the just demands by law chargeable to the estate.

Source. RS 164:1. CS 173:1. GS 182:1. GL 192:2; 201:1. PS 194:1. PL 305:1. RL 358:1.

Section 559:2

    559:2 Sale of Reversions, Etc. – The license may extend to the reversion of the homestead right and of any interest in land whatever; but any other estate than a present fee shall be particularly specified in the application, notice and license.

Source. RS 164:2. CS 173:2. GS 182:2. GL 201:2. PS 194:2. PL 305:2. RL 358:2. RSA 559:2. 1971, 179:17, eff. Aug. 10, 1971.

Section 559:3

    559:3 Sales of Whole. – If the real estate is so situate that a part thereof cannot be sold without injury to the persons interested therein license may, on application, be granted to sell the whole, though it may be more than sufficient for the payment of said demands.

Source. RS 164:3. CS 173:3. GS 182:3. GL 201:3. PS 194:3. PL 305:3. RL 358:3.

Section 559:4

    559:4 Wood and Timber. – The judge may grant license to the administrator to sell the timber or wood growing or standing on any real estate of the deceased, whenever the sale thereof, separate from the real estate, will be beneficial to the persons interested; and such timber or wood shall be deemed real estate.

Source. RS 164:6. CS 173:6. GS 182:6. GL 201:6. PS 194:4. PL 305:4. RL 358:4.

Section 559:5

    559:5 Sale by Consent. – Whenever it shall be necessary to sell real estate for the payment of debts the judge, on application of the administrator, with the assent of the widow or surviving husband, if any, and, if there is no widow or surviving husband, then with the assent of the guardian of the minor children, if any, may grant license for the sale of the whole real estate of the deceased, including the homestead right and any other interest therein, and the reversions thereof.

Source. 1854, 1532:1. GS 182:15. GL 201:15. PS 194:5. PL 305:5. RL 358:5. RSA 559:5. 1971, 179:18, eff. Aug. 10, 1971.

Section 559:6

    559:6 Distribution of Proceeds. – The proceeds of any sale made under such license shall be accounted for and distributed as provided in RSA 559:19.

Source. 1854, 1532:2. GS 182:16. GL 201:16. PS 194:6. PL 305:6. RL 358:6. RSA 559:6. 1963, 165:9, eff. Aug. 19, 1963.

Section 559:7

    559:7 Bond from Heirs, Etc. – No license shall be granted if the heirs or devisees will give to the judge a bond, with sufficient sureties, for the payment of such just demands and to indemnify the administrator therefrom.

Source. RS 164:4. CS 173:4. GS 182:4. GL 201:4. PS 194:7. PL 305:7. RL 358:7.

Section 559:8

    559:8 Bond from Administrator. – The judge, either before or after a license to sell real estate is granted, may require from the administrator a bond, with sufficient sureties, to account for the proceeds of the sale in such manner as the judge shall order.

Source. RS 164:7. CS 173:7. GS 182:7. GL 201:7. PS 194:8. PL 305:8. RL 358:8.

Section 559:9

    559:9 Manner of Sale. – Such sale may be made either at auction or private sale as is deemed most beneficial to the estate, and the license issued by the judge shall designate the manner in which the sale is to be made, or may authorize the administrator to sell in either mode he deems to be for the best interest of the estate.

Source. RS 164:9. CS 173:9. GS 182:9. GL 201:9. PS 194:9. 1895, 4:1. PL 305:9. RL 358:9.

Section 559:10

    559:10 Oath. – The administrator, before a license for sale of real estate at public auction shall be granted, shall take the following oath, and shall file a certificate thereof in the probate office: I . . . . . . . . . . do solemnly swear that, in disposing of such estate of . . . . . . . . . . deceased as I may be licensed to sell, I will use my best judgment in fixing and advertising the time and place of sale, and will exert my utmost endeavor that the same shall be sold in such manner as will be of the greatest advantage to the persons interested in said estate, without any sinister or selfish view or motive whatever. So help me God. Before receiving a license to sell at private sale the administrator shall take the foregoing oath, omitting the words "in fixing and advertising the time and place of sale."

Source. RS 164:8. CS 173:8. GS 182:8. GL 201:8. PS 194:10. 1895, 4:2. 1917, 66:1. PL 305:10. RL 358:10.

Section 559:11

    559:11 Conveyance. – The administrator, so authorized, having made oath and sold according to the terms of his license, may execute and deliver a valid conveyance of the estate to the purchaser.

Source. 1895, 4:3. 1917, 66:2. PL 305:11. RL 358:11.

Section 559:12

    559:12 Repealed by 1963, 165:10, eff. Aug. 19, 1963. –

Section 559:13

    559:13 Bond; Oath, Etc. – He shall give bond, with sufficient sureties resident in the state, make oath, and in all other respects be entitled to the same rights and subject to the same liabilities as if appointed in this state.

Source. 1854, 1529:1. GS 182:17. GL 201:17. PS 194:11. PL 305:13. RL 358:13.

Section 559:14

    559:14 Duration of License. – No license shall be available to sustain a sale made by an administrator under it, unless made within two years from the granting thereof.

Source. RS 164:14. CS 173:14. GS 182:14. GL 201:14. PS 194:12. PL 305:14. RL 358:14.

Section 559:15

    559:15 Return; Record. – Every person who has sold real estate by virtue of a license from a judge shall, within one year after the sale, return the license to the probate court with an account of the sale and with an affidavit showing the times, places and manner of giving notice of sale, subscribed and sworn to by himself or by a person employed to give the notice; and, if approved by the judge, the account and affidavit shall be recorded, and the record, or a certified copy of it, shall be prima facie evidence that the notice was duly given.

Source. 1857, 1966:1. GS 182:19. GL 201:19. PS 194:13. PL 305:15. RL 358:15.

Section 559:16

    559:16 Contracts for Sales. – When a person deceased had contracted in writing to convey real estate, and the party contracted with has performed or is ready to perform the conditions of the contract, or if the contract was verbal and the party contracted with has performed or partly performed its conditions, the judge may license the administrator to make such conveyance as the deceased if alive would be bound to make.

Source. RS 164:10. CS 173:10. GS 182:10. GL 201:10. PS 194:14. PL 305:16. RL 358:16.

Section 559:17

    559:17 License, Special Sale. – When it shall appear by the will of a person deceased to have been his intention that his executor should dispose of his real estate for any lawful purpose, the judge may license the administrator to sell it for the purpose and in the manner intended by the testator.

Source. RS 164:11. CS 173:11. GS 182:11. GL 201:11. PS 194:15. PL 305:17. RL 358:17.

Section 559:18

    559:18 Sale of Real Estate. – Unless the will otherwise provides, an administrator or executor with the written consent of the widow or widower and the heirs at law or devisees, or the guardians or conservators of such of them as are under disability, may sell the whole or any part of the real estate of a decedent, conducting the sale with fidelity and impartiality. The administrator, so authorized, may execute and deliver a valid conveyance of the estate to the purchaser. If there are heirs or legatees under disability, or whose whereabouts are unknown, or unknown heirs, the judge may appoint a guardian ad litem to represent their interests; said guardian ad litem to have authority to consent to a sale if, in his opinion, the best interests of his ward would be served thereby.

Source. 1929, 68:1. 1933, 171:1. RL 358:18. RSA 559:18. 1971, 230:1. 1977, 310:3, eff. Aug. 26, 1977.

Section 559:19

    559:19 Title; Accounting. – Any sale made under RSA 559:18 shall convey title to said real estate free from all claims of creditors of the decedent and of all other persons claiming under the decedent or under his will, but the claims of all such persons shall be a charge upon the proceeds of the sale. The proceeds of such sale shall be accounted for to the probate court and, except for such deductions as the court may make for the payment of debts, legacies, inheritance taxes, and expenses of administration, shall be paid over on distribution of the estate to the person or persons who would have been entitled to such real estate and in the proportions to which they would have been entitled had it not been sold.

Source. 1929, 68:1. 1933, 171:2. RL 358:19. RSA 559:19. 1977, 310:4, eff. Aug. 26, 1977.

Section 559:20

    559:20 Breach of Bond. – Fraudulent conduct in the sale of real estate, misappropriation of the proceeds thereof, or refusal to account for the same, shall be a breach of the administrator's bond.

Source. RS 164:12. CS 173:12. GS 182:12. GL 201:12. PS 194:16. PL 305:18. RL 358:20.

Section 559:21

    559:21 Perpetuation of Evidence. – Any administrator, purchaser, or person interested may petition the judge to perpetuate the evidence of any facts set forth in a petition relative to any proceeding connected with administration, and the judge, after due notice, may decree that all or any of the facts are proved, and such decree shall be conclusive evidence of those facts.

Source. RS 164:13. CS 173:13. GS 182:13. GL 201:13. PS 194:17. PL 305:19. RL 358:21.