Estate ManagementLeases
Section § 9940
This law clarifies what is meant by a 'lease' in this section. It includes any lease that comes with the option to buy the property later. Also, if a lease allows the tenant to extend their stay, it's treated as if they've already decided to stay for the longer term.
Section § 9941
This law allows a personal representative managing an estate to lease out real estate without needing court approval under certain conditions. They can do this if the monthly rent is $5,000 or less and the lease lasts no more than a year. Alternatively, they can lease on a month-to-month basis, no matter the rent amount.
Section § 9942
This law allows a personal representative, like an executor or administrator of an estate, to lease out estate property if the court agrees it's beneficial.
If the lease includes an option for the tenant to buy the property, there are specific procedures to file and get court approval before proceeding with the lease.
Section § 9943
If someone wants to get court approval to lease out property that's part of an estate, they need to file a petition. This petition must describe the property, the lease terms, and how the lease benefits the estate. If the lease term is longer than 10 years, they must explain why a longer lease is necessary and why it's a good idea for the estate and those with an interest in it.
Section § 9944
This section outlines the requirements for notifying concerned parties about a hearing on a petition related to leasing or selling property from an estate.
Notices must be given as per certain sections, except if the will specifically allows the personal representative to lease or sell the property without a hearing. If the lease term is over 10 years, additional notices must be sent to heirs and devisees whose interests might be affected.
Section § 9945
This law section explains that during a court hearing about leasing property, the court will review any new lease offers that are made in good faith and may be more favorable. If the court believes accepting a new offer benefits the estate, and if the lease exceeds ten years, benefits the interested persons, they can authorize the lease to proceed according to these terms. However, the court won't approve a lease with a new lessee unless the personal representative agrees to the new offer.
Section § 9946
This law section states that when a court order is made to allow a lease, it must specify the minimum rent or royalty and the lease duration. The order might also allow other terms for leases specifically related to exploring, producing, or removing minerals, oil, gas, or geothermal energy. These terms can include payment through a depositary, appointing a common agent for lessor interests, paying compensatory royalties instead of rents or operations, enabling lessees to make agreements on land use, and options for oil community leases or pooling resources. If the lease involves land owned by different people, the order can specify how rental and royalty amounts are divided fairly among the owners.
Section § 9947
This law discusses rules about leasing property when dealing with court supervision. Generally, the court decides how long a property lease can last. If someone set to inherit the property objects, the lease can't extend beyond 10 years unless the lease is for extracting resources like minerals or oil. In such cases, the lease can last longer as long as resources are actively being extracted, royalties are paid, or the property is involved in special agreements allowing continued resource extraction.
Section § 9948
This law outlines the process and validity for a personal representative to lease property as part of managing a deceased person's estate.
The representative must follow a court order, which includes setting terms like rent and duration in the lease, and note that the lease is court-authorized.
The court's jurisdiction ensures the lease is legally effective for the benefit of the tenant and future successors. Even if there are mistakes during the proceedings, the lease remains valid and enforceable.