Section 1908. Order in which parcels shall be sold If the sale of real property is necessary for the purposes set forth in 1902, subdivisions 1, 2, 3 or 4 and the decedent dies seized of more than one distinct parcel, the following rules must be observed in determining the order of sale: 1  


Latest version.
  • Property of which the decedent died intestate shall be sold  before
      property which the decedent devised.
        2.  Property  of  which  the decedent died intestate and which has not
      been conveyed by the distributees shall be sold  before  property  which
      has been conveyed by them.
        3.  Property devised by the residuary clause in the will shall be sold
      before property which has been specifically devised.
        4. When two or more parcels have been devised to the  same  person  or
      group  of  persons, parcels which have not been conveyed by the devisees
      shall be sold before property which has been conveyed by them.
        5. When one parcel has been devised to one person or group and another
      parcel has been devised to another person or group both parcels shall be
      equally subject to sale notwithstanding that one parcel  may  have  been
      conveyed.