59-2304. Notice and hearing. - Kansas Statutes

59-2304

Chapter 59.--PROBATE CODE Article 23.--PROCEEDINGS FOR SALE, LEASE AND MORTGAGE OF REALTY

      59-2304.   Notice and hearing.Notice of the hearing, unless waived, shall briefly state the nature ofthe application made by the petition and shall be given in such manner as the court maydirect. At the hearing and upon proof of the petition, the court shall havefull power to order the sale, lease, or mortgage of all the real estatedescribed in the petition, or to order the sale, lease, or mortgage of oneor more tracts thereof, if such order shall be within the terms of theapplication made by the petition. The district court, with the consent ofthe mortgagee, may order the sale of real estate subject to the mortgage,but such consent shall release the estate of the decedent or conservatee,should a deficit later appear. If the petition and notice have included thedetails of a proposed transaction, the court may confirm the proposed sale,lease or mortgage, provided that the requirements of K.S.A.59-1703 and 59-2307, have been met.

      History:   L. 1939, ch. 180, § 259; L. 1965, ch. 346,§ 37; L. 1975, ch. 299, § 24; L. 1976, ch. 245, § 7; L. 1976, ch.242, § 49; Jan. 10, 1977.