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Administration and Probate Act 1929
41Property of deceased to be assets
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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.