473.490. Sale of real estate on court's motion, when. — 1. If, upon any settlement of the executor or administrator, it appears that the personal property of an estate is not sufficient for the payment of claims, legacies or allowances to the surviving spouse or unmarried minor children, the court may require a hearing to determine if real property of the estate should be sold, mortgaged or leased for that purpose.
2. Notice of the hearing, stating the time and nature thereof, shall be given by the clerk in the manner and to the persons as provided in subsection 2 of section 473.493.
3. Upon hearing the matter, and upon the adduction of satisfactory proof, the court may order the sale, mortgage or lease of such real property of the estate as the circumstances may require, and the same proceedings under this law shall thereafter be had in relation to the sale, mortgage or lease as if the same had been instituted on petition of the executor or administrator, or a creditor or other interested person.
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(RSMo 1939 § 165, A.L. 1955 p. 385 § 178, A.L. 1957 p. 829)
Prior revisions: 1929 § 166; 1919 § 165; 1909 § 174
---- end of effective 28 Aug 1957 ----
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