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Fill and Sign the Petition for Authority to Close Sale Mississippi Form

Fill and Sign the Petition for Authority to Close Sale Mississippi Form

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IN THE CHANCERY COURT OF       COUNTY, MISSISSIPPI IN THE MATTER OF THE ESTATE OF       NO.       PETITION FOR AUTHORITY EXECUTOR TO CLOSE SALE OF REAL ESTATE PURSUANT TERMS OF SALES CONTRACT COME NOW       , Executor of the Estate of       , being       children, sole heirs at law of       and beneficiaries under the Will of       , and file this Petition For Authority to Close Sale of certain Real Estate owned by the Estate, and in support thereof would show unto the Court the following, to-wit: 1.       , departed this life on the       day of       ,       , and at such time, maintained a fixed residence in       County, Mississippi.       , on the       day of       ,       , made, published and declared an instrument in writing purporting to be his/her Last Will and Testament. 2. On or about             ,       , this Court issued an Order Admitting said Will to Probate and appointing       as Executor of the Estate of       . On or about             ,       , Letters Testamentary were issued by the       County Chancery Clerk upon       's taking of the requisite Oath. 3. The estate consists of a residence located at,       County, Mississippi, certain personal property including, but not limited to,       , Serial Number       ,       , miscellaneous items,       . 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. 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 is attached hereto as Exhibit "       ". 4. Petitioners would show unto the Court that the real estate was appraised in       , by       , a licensed and qualified appraiser, and that the fair market value of the real estate was determined to be approximately $       . Petitioners would further show that the Executor has contracted with       who has offered to purchase the real estate in its "as is" condition for $       . Petitioners agree that said amount is a fair and sufficient amount and agree that the property should be sold for said amount. 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 facilitate the sale. 5. Petitioners would show 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, request that this Court waive the requirement of bond for the sale of real estate by the Executor. 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 $       . The sole other remaining debts of consist of attorney's fees and an administrator's fee. WHEREFORE PREMISES CONSIDERED, Petitioners pray that this Petition be received and filed, and upon a hearing hereof the Court will issue an Order approving the sale of the property and authorizing       as Executor of the Estate of       to close the sale on that certain real estate located at       ,       County, Mississippi in accordance with the terms of the sales contract attached hereto. Petitioners pray that the requirement of bond on the sale of the real estate be waived. Petitioners further pray that       be authorized to execute any and all necessary documentation necessary to facilitate the closing of this sale. Petitioner prays for general relief. Respectfully submitted, _____________________________________       _____________________________________       _____________________________________       _____________________________________       _____________________________________       Of Counsel:                         Telephone:       MSB #       Attorney for       STATE OF       COUNTY OF       PERSONALLY appeared before me, the undersigned authority in and for the jurisdiction aforesaid, the within named,       , who being by me first duly sworn according to law, states on oath that the allegations of the above and foregoing Complaint are true and correct as therein stated and set forth. _____________________________________       SWORN TO AND SUBSCRIBED before me this the       day of       ,       . _____________________________________ NOTARY PUBLIC My Commission Expires:       STATE OF       COUNTY OF       PERSONALLY appeared before me, the undersigned authority in and for the jurisdiction aforesaid, the within named,       , who being by me first duly sworn according to law, states on oath that the allegations of the above and foregoing Complaint are true and correct as therein stated and set forth. _____________________________________       SWORN TO AND SUBSCRIBED before me this the       day of       ,       . _____________________________________ NOTARY PUBLIC My Commission Expires:       STATE OF       COUNTY OF       PERSONALLY appeared before me, the undersigned authority in and for the jurisdiction aforesaid, the within named,       , who being by me first duly sworn according to law, states on oath that the allegations of the above and foregoing Complaint are true and correct as therein stated and set forth. _____________________________________       SWORN TO AND SUBSCRIBED before me this the       day of       ,       . _____________________________________       My Commission Expires:       STATE OF       COUNTY OF       PERSONALLY appeared before me, the undersigned authority in and for the jurisdiction aforesaid, the within named,       , who being by me first duly sworn according to law, states on oath that the allegations of the above and foregoing Complaint are true and correct as therein stated and set forth. _____________________________________       SWORN TO AND SUBSCRIBED before me this the       day of       ,       . _____________________________________       My Commission Expires:       STATE OF       COUNTY OF       PERSONALLY appeared before me, the undersigned authority in and for the jurisdiction aforesaid, the within named,       , who being by me first duly sworn according to law, states on oath that the allegations of the above and foregoing Complaint are true and correct as therein stated and set forth. _____________________________________       SWORN TO AND SUBSCRIBED before me this the       day of       ,       . _____________________________________ NOTARY PUBLIC My Commission Expires:      

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