28-49-114. Performance of decedent's contracts of sale.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-49-114. Performance of decedent's contracts of sale.

28-49-114. Performance of decedent's contracts of sale. (a) When a decedent shall have entered into a contract for the conveyance of real property or sale of specific personal property which was not performed during his or her lifetime, the court, upon petition of the personal representative, the purchaser, or other interested person, if it finds that the decedent, if he or she had lived, could have been required to make the conveyance or consummate the sale, shall direct the personal representative to execute the deed of conveyance or the bill of sale pursuant to the terms of the original contract. The conveyance or bill of sale shall have the same effect to pass the title or interest of the decedent as if made by him or her personally. (b)(1) If the contract requires the giving of warranties, the deed or bill of sale to be given by the personal representative shall contain the warranties required. (2) The warranties shall be binding on the estate as though made by the decedent but shall not bind the personal representative personally. (c) A certified copy of the order authorizing the execution of the instrument may be recorded with the deed or bill of sale in the office of the recorder for the county where the property is situated and shall be prima facie evidence of the due appointment and qualification of the personal representative, the correctness of the proceedings, and the authority of the personal representative to make the conveyance.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-49-114

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.