633.385  Conversion.

1.  When realty treated as personalty. Real property acquired by the personal representative by the completion of foreclosure proceedings, or by the forfeiture of real estate contracts, after the death of the decedent shall be deemed to be personal property for the purpose of administration and distribution of the estate.

2.  When personalty treated as realty. In all cases of sale of real property by a personal representative under order of court, the surplus of the proceeds of such sale remaining after the payment of debts and charges shall be deemed to be real property and disposed of in the same proportions as the real property would have been if it had not been sold.

Section History: Early form

  [C66, 71, 73, 75, 77, 79, 81, § 633.385]

Internal References

  Referred to in § 635.12


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