1-1-10. SALE OF PROPERTY.

1. Court Approval Required.
   No sale of any property of an estate is valid unless made pursuant to order of the Court.
2. Sale of Personal Property.
   After filing the inventory and appraisement, the Administrator may petition the Court for authority to sell personal property of the estate for purposes of paying the expenses of last illness and burial expenses, expenses of administration, claims if any against the estate, and for the purpose of distribution.  If, in the Court’s judgment, such sale is in the best interest of the estate, the court shall order such sale and prescribe the terms upon which the property shall be sold.
3. Sale of Real Property.
   When the proceeds of the sale of person property and other funds of the estate have been exhausted, and the charges, expenses, and claims against the estate have not all been satisfied, or when it appears to the satisfaction of the court that it would be in the best interest of the heirs, devisee or legatees that all or a part of the real property of the estate be sold for purposes of distribution, the Administrator shall petition the Court for authority to sell real property of the estate, or so much thereof as may be necessary for that purpose.  Then, if in the Court’s judgment, such sale is in the best interest of the estate, the court shall order such sale and shall prescribe the terms upon which the real property shall be sold.  If any such real property has been specifically devised, it shall be exempt from the operation of the Order of Sale.  The procedure to accomplish the sale of real property shall be in accordance with the laws of the State of South Dakota, in effect at the time of sale, relating to the sale of real property within an estate.