Section 1901. Real property subject to disposition; "disposition" and "fiduciary" defined 1

The court may authorize or direct the disposition of  a  decedent's
  real  property or any interest therein for any of the purposes set forth
  in the succeeding section. The court may entertain  an  application  for
  disposition  under  this  article even if the proposed disposition is or
  appears to be authorized by the will or by a statute.
    2. Disposition of the real property of a decedent within  the  meaning
  of this article includes:
    (a) Sale,
    (b) Mortgage,
    (c) Exchange,
    (d) Lease,
    (e) Confirmation of a prior lease made without court approval,
    (f)  Release  of the right to an award for the taking of real property
  by eminent domain, and
    (g) Transfer to a spouse or  other  beneficiary  in  full  or  partial
  satisfaction  of  the interest or share of such person in the decedent's
  estate.
    (h) Enter into possession of any  real  property,  receive  the  rents
  thereof and apply them as directed by the court.
    (i) In the event the estate of a decedent is the owner of an estate in
  common  in  real  property,  the  executor  or administrator may bring a
  partition action or intervene in a pending partition action on behalf of
  the estate, if, upon application duly made, the surrogate approves.
    3. The term "fiduciary" as used in this article  does  not  include  a
  trustee,  guardian,  donee of a power to manage during minority property
  vested in an infant or a voluntary administrator.