17 (1) The powers of sale conferred by this Act on a personal representative may be exercised for the purpose not only of paying debts but also of distributing or dividing the estate among the persons beneficially entitled thereto, whether there are or are not debts, and in no case is it necessary that the persons beneficially entitled concur in any such sale except where it is made for the purpose of distribution only.  R.S.O. 1990, c. E.22, s. 17 (1). Concurrence of heirs and devisees (2) Except with the approval of the majority of the persons beneficially entitled thereto representing together not less than one-half of all the interests therein, including the Children’s Lawyer acting on behalf of a minor or the Public Guardian and Trustee acting on behalf of a mentally incapable person who has no guardian or attorney for property, no sale of any such real property made for the purpose of distribution only is valid as respects any person beneficially entitled thereto unless the person concurs therein, but, where a minor or a mentally incapable person who has no guardian or attorney for property is beneficially entitled or where there are other persons beneficially entitled whose consent to the sale is not obtained by reason of their place of residence being unknown or where in the opinion of the Children’s Lawyer or the Public Guardian and Trustee, as the case may be, it would be inconvenient to require the concurrence of such persons, the Children’s Lawyer or the Public Guardian and Trustee may, upon proof satisfactory to him or her that the sale is in the interest and to the advantage of the estate of the deceased person and the persons beneficially interested therein, approve the sale on behalf of such minor or mentally incapable person and non-concurring persons, and any such sale made with the written approval of the Children’s Lawyer on behalf of such minor or the Public Guardian and Trustee on behalf of such mentally incapable person is valid and binding upon the minor or mentally incapable person and non-concurring persons, and for this purpose the Children’s Lawyer has the same powers and duties as he or she has in the case of minors and the Public Guardian and Trustee has the same powers and duties as he or she has in the case of mentally incapable persons, but in any case a judge may dispense with the concurrence of the persons beneficially entitled or any or either of them.  R.S.O. 1990, c. E.22, s. 17 (2); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. 2, s. 31 (6). Powers of personal representative as to dividing estate among persons entitled (3) The personal representative has power, with the concurrence of the adult persons beneficially entitled thereto, and with the written approval of the Children’s Lawyer on behalf of minors or of the Public Guardian and Trustee on behalf of mentally incapable persons who have no guardian or attorney for property, if any, so entitled, to convey, divide or distribute the estate of the deceased person or any part thereof among the persons beneficially entitled thereto according to their respective shares and interests therein.  R.S.O. 1990, c. E.22, s. 17 (3); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. 2, s. 31 (7). Patient in psychiatric facility (4) Where a person beneficially entitled is a patient in a psychiatric facility under the Mental Health Act and the Public Guardian and Trustee is his or her guardian of property, the Public Guardian and Trustee may give the concurrence and approval required by subsections (2) and (3).  1992, c. 32, s. 10. Distribution by order within three years from death (5) Upon the application of the personal representative or of any person beneficially entitled, the court may, before the expiration of three years from the death of the deceased, direct the personal representative to divide or distribute the estate or any part thereof to or among the persons beneficially entitled according to their respective rights and interests therein.  R.S.O. 1990, c. E.22, s. 17 (5). Exercise of power of division without concurrence (6) The power of division conferred by subsection (3) may also be exercised, although all the persons beneficially interested do not concur, with the written approval of the Children’s Lawyer or of the Public Guardian and Trustee, as the case may be, which may be given under the same conditions and with the like effect as in the case of a sale under subsection (2).  R.S.O. 1990, c. E.22, s. 17 (6); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. 2, s. 31 (8). ss. 16, 17 not to apply to administrators of personal estate only (7) Section 16 and this section do not apply to an administrator where the letters of administration are limited to the personal property, exclusive of the real property, and do not derogate from any right possessed by a personal representative independent of this Act, but an executor shall not exercise the powers conferred by this section until the executor has obtained probate of the will except with the approval of a judge.  R.S.O. 1990, c. E.22, s. 17 (7). Conveyance by personal representative without an order (8) The powers of a personal representative under subsection (2), (3) or (6) have heretobefore been and shall hereafter be exercisable during the period of three years from the death of the deceased without an order of a judge, provided that, (a) real property conveyed, divided or distributed by virtue of such powers to or among the persons beneficially entitled thereto, shall be deemed to have been and to be liable for the payment of the debts of the deceased owner as if no conveyance, division or distribution had been made, even though it has subsequently during such three-year period been conveyed to a purchaser or purchasers in good faith and for value, but, in the case of such purchaser or purchasers, such liability shall only continue after the expiry of such three-year period if some action or legal proceeding has been instituted by the creditor, or an assignee or successor of the creditor to enforce the claim and a certificate of pending action or a caution has, before such expiry, been registered against the property; and that (b) although such liability has applied and shall apply as aforesaid in respect of real property so conveyed, divided or distributed, any such purchaser, in good faith and for value, shall be deemed to have had and to have a right to relief over against the persons beneficially entitled, and where such conveyance, division or distribution was made by the personal representative with knowledge of the debt in respect of which claim is made, or without due advertisement for creditors, then against such personal representative; and that (c) upon the expiration of such three-year period where no certificate of pending action or caution has been registered, subsection 21 (2) and section 23 apply as if such real property had become vested in the person beneficially entitled thereto under section 9.  R.S.O. 1990, c. E.22, s. 17 (8). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 10 - 03/04/1995; 1994, c. 27, s. 43 (2) - 03/04/1995 2009, c. 33, Sched. 2, s. 31 (6-8) - 15/12/2009