Ark. Code Ann. § 28-51-301 (2026)
Sale, mortgage, or lease
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- Upon petition of a personal representative, the court having jurisdiction of the administration of the estate may order the sale, mortgage, or lease of real property of the estate, or timber thereon located, or oil, gas, or other minerals or mineral rights or interests appertaining thereto, or any part of or interest in the property, wherever situated in this state.
- The court may authorize the execution of any contract relating to, or conveyance or transfer of, any such property, right, or interest, containing such customary or desirable provisions with reference thereto, as the court shall find to be for the best interest of the estate.
- The petition shall set forth the reasons for the application and describe the property or right or interest involved and the terms of the contract, conveyance, or transfer for which authority is sought and shall include a description of the bond of the personal representative and a statement of the facts essential to determine its sufficiency.
- Upon the filing of the petition, the court shall fix the time and place for the hearing. Notice of the hearing stating the nature of the application shall be given to such interested persons as the court may direct in the manner provided in § 28-1-112, unless the value of the interest to be sold, mortgaged, or leased is not more than ten thousand dollars ($10,000), in which case the court, at its discretion, may hear the petition without notice.
- At the hearing and upon satisfactory proof, the court may order the sale, mortgage, or lease of the property described or any part thereof or right or interest therein.
- At the discretion of the court, real property encumbered by a lien may be ordered sold subject to the lien.
History. Acts 1949, No. 140, § 137; 1951, No. 255, § 11; 1967, No. 287, § 13; A.S.A. 1947, § 62-2714; Acts 2003, No. 177, § 3.
Research References
Ark. L. Rev.
Probate Code Amendments, 5 Ark. L. Rev. 377.
Notices Under the Probate Code, 8 Ark. L. Rev. 324.
Case Notes
Authority to Sell.
An administrator had no authority to sell real estate except as provided by statute. Burgauer v. Laird, 26 Ark. 256 (1870) (decision under prior law).
Extent of Representative's Interest.
The administrator of an estate had no interest in the lands of an intestate and no control over them except for the benefit of creditors and heirs and under the direction of the court. Kiernan v. Blackwell, 27 Ark. 235 (1871) (decision under prior law).
Irregular Proceedings.
A sale of the real estate of a deceased person made under an order of a court conveyed legal title though the proceedings may have been irregular, where the court had jurisdiction of the subject-matter. Bennett v. Owen, 13 Ark. (8 English) 177 (1852) (decision under prior law).
Jurisdiction.
With a petition of an administrator for the sale of real estate under this section for the purpose of making distribution pending in the probate court, the chancery court had no jurisdiction to order a sale in a partition action filed by one of the heirs. Doss v. Taylor, 244 Ark. 252, 424 S.W.2d 541 (1968).
Parties to Proceedings.
Where an application was made to a court by an administrator for an order to sell real estate, any person interested in the subject-matter could, on a proper showing to the court, make himself a party to the proceeding and appeal therefrom. Ex parte Marr, 12 Ark.84 (1851) (decision under prior law).
On petition to probate court to set aside order authorizing sale of decedent's land, where petitioners were not heirs or creditors, where their petition did not assert any claim against the estate or declare any interest in the estate's property, and where they did not indicate any entitlement to proceeds which might be distributed by the estate, but in fact were persons against whom the estate had sought relief, the petitioners were not interested persons as defined by § 28-1-102(a)(11) and had no standing to question the issuance of the court's order. White v. Welsh, 323 Ark. 479, 915 S.W.2d 274 (1996).
Purchase by Appraiser.
Where appraised estate lands were offered at a public sale, but there were no bidders and the court ordered the property sold a year later under the provisions of former statute free of appraisement, an appraiser named in the original order of sale would be a qualified purchaser at the second sale, as his appraisal would have no effect or bearing thereon. Norwood v. Heaslett, 218 Ark. 286, 235 S.W.2d 955 (1951) (decision under prior law).
Realty as Asset.
Under § 28-49-101, real property is an asset in the hands of an administrator only when the court finds that it should be sold, mortgaged, leased, or exchanged for purposes stated in § 28-51-103. Keenan v. Peevy, 267 Ark. 218, 590 S.W.2d 259 (1979).
Widow's Dower.
Real estate vests in the heirs of a decedent, subject to a widow's dower and to sale for the payment of debts, the preservation or protection of the assets of an estate, the distribution of the estate, or any other purpose in the best interest of the estate; the sale, however, is not necessarily free of the widow's dower, and such a sale is not void for want of jurisdiction, but is simply inoperative as far as the widow's dower is concerned. Keenan v. Peevy, 267 Ark. 218, 590 S.W.2d 259 (1979).
Cited: Cranna v. Long, 225 Ark. 153, 279 S.W.2d 828 (1955).