Section 1921. Conveyance of real property by fiduciary to vendee of contract of sale made by decedent 1  


Latest version.
  • Where a decedent dies seized of real property after he has made  a
      contract  for  the  conveyance thereof remaining unexecuted at his death
      his fiduciary or successor may make a deed  reciting  the  contract  and
      conveying the real property.
        2.  The vendor's fiduciary, distributees, devisees or assigns may file
      a  petition  praying  for  the  confirmation  of  the conveyance, or the
      vendee, his fiduciary, distributees, devisees or assigns, for  a  decree
      that  it  be  made  or delivered, or the vendor's fiduciary may pray for
      like relief in a petition for the judicial settlement  of  his  account,
      but no proceeding pursuant to this section shall be required in any case
      for  the  sole purpose of perfecting title to real property and any such
      conveyance heretofore made by a fiduciary of a decedent is ratified  and
      confirmed.
        3.    In  a  proceeding  pursuant to this section the court shall have
      jurisdiction to adjudicate the amount remaining payable under the  terms
      of any such contract and the respective rights of the parties.
        4.   In any case process shall issue to all persons interested and the
      court shall make such decree or order as justice shall require.