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IN THE CHANCERY COURT OF COUNTY, MISSISSIPPI
IN THE MATTER OF
THE ESTATE OF NO.
ORDER AUTHORIZING EXECUTOR TO CLOSE SALE
OF REAL ESTATE PURSUANT TERMS OF SALES CONTRACT
THIS DAY this cause came on to be heard on the Petition for Authority to Close Sale of
certain Real Estate owned by the Estate of filed herein by , Executor of the Estate
of , being the children, sole heirs at law of and beneficiaries under the Will of
, and the Court being advised in the premises finds as follows:
1.
That , departed this life on the day of , , and at such time,
maintained a fixed residence in County, Mississippi. That , on the day of
, , made, published and declared an instrument in writing purporting to be his/her
Last Will and Testament.
2.
That on or about , , this Court issued an Order Admitting said Will to
Probate and appointing as Executor of the Estate of and that on or about
, , Letters Testamentary were issued by the County Chancery Clerk upon
's taking of the requisite Oath.
3.
That the estate consists of a residence located at , County, Mississippi,
certain personal property including, but not limited to, a , Serial Number , ,
miscellaneous items, holdings and cash and that Petitioners, being the children, sole heirs
at law of and beneficiaries under the Will of , desire to sell the real estate owned by
the estate. That pursuant to Court Order under date of , , the Executor listed
the property with a real estate company and has entered into a sales contract on the property, a
copy of which was attached to the sworn Petition as Exhibit " ".
4.
That Petitioners have shown unto the Court that the real estate was appraised in of
, by , a licensed and qualified appraiser, and that the fair market value of the real
estate was determined to be approximately $ . That Petitioners have further shown that the
Executor has contracted with who has offered to purchase the real estate in its "as is"
condition for $ . That Petitioners agree that said amount is a fair and sufficient amount and
agree that the property should be sold for said amount. That Petitioners respectfully request that
this Court approve the sale pursuant to the above referenced contract and authorize , as
Executor, to execute all necessary documentation, including, but not limited to closing
documents and an Executor's Deed, in order to Close the sale.
5.
That Petitioners have shown that all beneficiaries under the Will hereby authorize the
sale at the above price in accordance with the terms of the above referenced contract, and
pursuant to Miss. Code Annotated § 91-7-205 (1972), as amended, have requested that this
Court waive the requirement of bond for the sale of real estate by the Executor. That the time
for the filing of claims against the estate has passed and only two claims were probated, the first
by in the amount of $ and the second by in the amount of $ and the
sole other remaining debts of consist of attorney's fees and an administrator's fee.
IT IS THEREFORE ORDERED AND ADJUDGED that the sale of the property to
pursuant terms and conditions of the sales contract referenced above is hereby approved
and authorized.
IT IS ORDERED AND ADJUDGED that the requirement of posting of bond on the sale
of the real estate is hereby waived at the request of all of the beneficiaries and sole heirs at law,
in accordance with Miss. Code Ann. § 91-7-205 (1972), as amended.
IT IS ORDERED AND ADJUDGED that , as Executor(Trix) of the Estate of
, be and hereby is authorized to execute any and all necessary documentation including,
but not limited to closing documents and an Executor(Trix) 's Deed, in order to Close the sale.
SO ORDERED AND ADJUDGED , this the day of , .
____________________________________
CHANCELLOR
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