Section 41: Sale price distributed by notary

41. Sale price distributed by notary (1) Where immovable property forming part of a small succession is sold before the Master, no distribution of the sale price shall take place before the Master if a notary has been appointed, but the sale price, even where there are creditors inscribed on the property, shall be distributed by the notary as part of the assets of the succession, after notice to the inscribed creditors under section 52. S45 – 9 [Issue 7] Succession and Wills Act (2) Where the amount of the inscriptions exceeds the sale price, or conflicting claims have to be adjudicated upon, the notary shall certify to the fact, and it shall then be competent for an interested party to take proceedings for the distribution of the price before the Master, in conformity with the Sale of Immovable Property Act, and the price shall not be deemed part of the assets for the purpose of fixing the notary’s fees.