An order of sale may authorize the persons designated below to hold the sale:

(1)        In any proceeding, a commissioner specially appointed therefor;

(2)        In a proceeding to sell property of a decedent, the administrator, executor or collector of such decedent’s estate;

(3)        In a proceeding to sell property of a minor, the guardian of such minor’s estate;

(4)        In a proceeding to sell property of an incompetent, the guardian or trustee of such incompetent’s estate;

(5)        In a proceeding to sell property of an absent or missing person, the administrator, collector, conservator, or guardian of the estate of such absent or missing person;

(6)        In a proceeding to foreclose a deed of trust, the trustee named in the deed of trust;

(7)        In a receivership proceeding, the receiver;

(8)        In a proceeding to sell property of a trust, the trustee.

(9)        Repealed by Session Laws 1998-182, s. 13. (1949, c. 719, s. 1; 1993, c. 377, s. 2; 1997-379, s. 1.8; 1998-182, s. 13.)

Terms Used In North Carolina General Statutes 1-339.4

  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Executor: A male person named in a will to carry out the decedent
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • sale: means a judicial sale. See North Carolina General Statutes 1-339.1
  • Trustee: A person or institution holding and administering property in trust.