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In re Estate of Bell

The lack of witness testimony or admission of documents at the hearing on a petition for leave to sell land from an estate at a private sale did not render the probate court's order granting the petition invalid.

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This appeal challenges the sufficiency of the evidence supporting a probate court’s order allowing the sale of certain estate property. We find that there is sufficient evidence supporting the order. James Dalton II was appointed as temporary administrator of the estate of Palmer R. Bell. Dalton petitioned the probate court for leave to sell 3.2 acres of the land in Clayton County at a private sale in order to provide liquidity to the estate and to limit the estate’s future liability in maintaining the property. In the petition, Dalton averred that he desired a private sale of the property for the sum of $300,000 because he believed it would not bring that amount at a public sale. He attached to the petition a copy of the sale contract, signed by both him and the purchaser.

The contract contains a paragraph entitled Environmental Hazards , which provides that the seller cannot warrant the environmental status of the property, that the property could have been used for the storage or disposal of hazardous or toxic substances, that the property could be in violation of environmental laws or regulations, that there could be asbestos on the property, that the property could have been used as a landfill or dump, that the property could have been used for the operation of a business engaged in the storage or sale of petroleum products, and that there are governmental orders or condemnation proceedings affecting the property.

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