41
In forceProperty of deceased to be assets
Part 3Grant of representation
Division 3.3Effect of grant of representation
41 Property of deceased to be assets
(1)
The real, as well as the personal, estate of every deceased person are assets in the hands of his or her executor to whom probate has been granted, or his or her administrator, for the payment of all duties and fees, and for the payment of his or her debts in the ordinary course of administration.
(2)
The executor or administrator for purposes of administration, may, subject to sections 50 and 51, sell that real estate, or mortgage it with or without a power of sale, and convey it to a purchaser or mortgagee in as full and effectual a way in law as the deceased person could have done in his or her lifetime.
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