59-1404. When a foreclosure sale or a sale on execution for the recovery of a debt due the estate is had, or redemption is made, the executor or administrator shall receive the money paid and execute the necessary satisfaction or release. If bid in by the executor or administrator, the real estate shall be treated as personal property, but any sale or lease shall be made pursuant to article 23. If not so sold the real estate, and if so sold or leased the proceeds, shall be assigned or distributed to the same persons and in the same proportions as if it had been a part of the personal property of the decedent.
History: L. 1939, ch. 180, ยง 102; July 1.
Source or prior law:
22-529, 22-530.
Law Review and Bar Journal References:
"Kansas Law and the Adoption of Equitable Apportionment Principles," Ron D. Martinek, 24 W.L.J. 666, 671 (1985).
"Kansas Homestead Law," Roger L. Theis and Karl R. Swartz, 65 J.K.B.A. No. 3, 20, 38 (1996).
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