New South Wales Consolidated Acts

PROBATE AND ADMINISTRATION ACT 1898 - SECT 46

46 Property of deceased to be assets which may be sold or mortgaged

(1) The real as well as the personal estate of every person dying as aforesaid shall be assets in the hands of the person’s executor to whom probate has been granted, or administrator, for the payment of all duties and fees, and for the payment of the person’s debts in the ordinary course of administration.

(2) Such executor or administrator for purposes of administration may sell such real estate, or mortgage the same with or without a power of sale, and convey the same to a purchaser or mortgagee in as full and effectual a manner in law as the deceased person could have done in the person’s lifetime.