Section 34.25.050. Sale and deed of executor, administrator, and guardian validated.

   (a) A sale of real property heretofore or hereafter made by an executor, administrator, or guardian is sufficient to sustain an executor's, administrator's, or guardian's deed to the purchaser for the real property when
        (1) made of the decedent's, ward's, or incompetent person's real property in the state to a purchaser for a valuable consideration;
        (2) the consideration is paid by the purchaser to the executor, administrator, or guardian, or the successor of the executor, administrator, or guardian, in good faith; and
        (3) the sale is not set aside by the court, but is confirmed or acquiesced in by the court.
   (b) If the deed is not given, a sale that satisfies the conditions of (a) of this section entitles the purchaser to the deed.
   (c) The deed is sufficient to convey to the purchaser all the title that the decedent, ward, or incompetent had in the real property.
   (d) All defects or irregularities in estate or court proceedings, in obtaining the order of the court for the sale, and in the making or conducting of the sale by the executor, administrator, or guardian shall be disregarded if no suit is filed in a court of record in the judicial district in which the real property affected by the deed is located within 10 years from the date of the deed, to have the deed set aside, altered or otherwise changed, or reformed.

Notes

History

(Sec. 22-3-42 ACLA 1949; am Sec. 4 ch 76 SLA 1953)