Kansas Statutes Annotated

K.S.A. § 59-1410 (2026)

Sale of real estate; conveyance to bona fide purchaser; effect

✓ current as of May 2026

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59-1410. Sale of real estate; conveyance to bona fide purchaser; effect. (a) The executor or administrator may sell real estate of a decedent (1) whenever the sale thereof is necessary for the payment of reasonable funeral expenses, expenses of last sickness, wages of servants during the last sickness, cost of administration, taxes, debts, or legacies charged upon such real estate, (2) whenever it shall be determined by the court that the real estate to be sold is a wasting asset and its retention will be detrimental to the estate and such sale is for the best interests of the estate or (3) at such other time as the court shall determine is for the best interests of the estate. The proceeds of any such sale which shall be available for distribution shall be distributed to the same persons and in the same shares as if it had remained real estate.

(b) Every conveyance of real estate of a decedent to a bona fide purchaser, pursuant to the authority of this section, shall transfer such real estate free and clear from liens and claims of all creditors of the decedent of the estate of the decedent and of the heirs, devisees and legatees of the decedent and any such liens or claims shall be transferred to the proceeds of such sale received by the executor or administrator making the same but such transferral shall not affect tax liens against the estate.

History: L. 1939, ch. 180, § 108; L. 1968, ch. 175, § 2; L. 1971, ch. 193, § 2; L. 1972, ch. 217, § 1; L. 1980, ch. 167, § 3; L. 2000, ch. 76, § 2; L. 2010, ch. 44, § 20; July 1.

Notes of Decisions

Cited in 2 cases, 1984–2006 · leading case: Dittmer v. Schmidt, 683 P.2d 1252 (Kan. 1984).

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Dittmer v. Schmidt, 683 P.2d 1252 (Kan. 1984). “Unless the will provides otherwise for the payment thereof, or unless the court shall otherwise determine pursuant to K.S.A. 59-1410 the property of the testator, subject to the payment of debts and other items, shall be applied to that purpose in the following order: “(1)…”

In re the Est. of Roloff, 143 P.3d 406 (Kan. Ct. App. 2006). “60-2416; and executor’s and administrator’s deeds, K.S.A. 59-1410 and K.S.A. 59-1413. The essential requirements of the above-mentioned deed forms are very similar to the requirements of the TOD deed form.”

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