MARING, Justice.
[¶ 1] Gary Puhr, Kristen Pfahl, Brad Schubert, and Brian Schubert (collectively "appellants") appeal from orders in consolidated probates of the estates of Lowell, Gust, and Anne Shubert approving a land sale by the estates' personal representative, Charlene Wikholm, and denying the appellants' petition to remove Wikholm as the estates' personal representative. We conclude that the appeal from the order approving the land sale is moot and that the order denying the petition to remove Wikholm is appealable and the district court did not abuse its discretion in denying the petition to remove Wikholm as the estates' personal representative. We therefore dismiss the appeal from the order approving the land sale and affirm the order denying the removal of Wikholm as personal representative.
[¶ 2] Lowell Shubert died on May 8, 2010. On May 11, 2010, Wikholm, with the assistance of counsel, applied for informal appointment as personal representative of Lowell Shubert's estate, alleging she was entitled to act as personal representative because:
Wikholm's application for appointment as personal representative said Lowell Shubert was 75 years old when he died and listed five surviving heirs: Louise M. Wadeson; Joyce Gilbertson; Orvill Shubert; and Wikholm and her husband. The district court appointed Wikholm as personal representative of Lowell Shubert's estate on May 11, 2010. In October and November 2010, notice to creditors of Lowell Shubert's estate was published in the Minot Daily News. When Lowell Shubert died, he was the personal representative for the unprobated estates of his parents, Gust and Anne Shubert, and ultimately those probate proceedings were consolidated with the probate of his estate.
[¶ 3] The record does not reflect any further proceedings in the informal probate of Lowell Shubert's estate until 2012. On February 19, 2012, Wikholm, as personal representative, executed a written purchase agreement to sell approximately 758 acres of the estates' farmland to Ronald Novak, Laverne Mikkelson, and John Pietsch for $1,411,000. The purchase agreement said the seller "reserves 100 percent of all remaining oil, gas and any other minerals."
[¶ 4] Gary Puhr claimed he was an heir of Lowell Shubert, and on March 22, 2012, he filed a demand for notice of any order or filing in the probate of Lowell Shubert's estate, a demand for an inventory and appraisal, and an objection to the land sale for less than fair market value. On April 2, 2012, Wikholm, through her current counsel, petitioned the district court for approval of the land sale. In support of her request to approve the land sale, Wikholm provided the court with copies of four written offers from Nathan Smith to counsel for Lowell Shubert's estate to purchase the land: a September 30, 2011, offer for $1,380,000 effective until October 15, 2011; an October 13, 2011, offer for $1,410,000 effective until November 1, 2011; a March 2, 2012, offer for $1,700,000 explicitly authorizing the seller to reserve all minerals, effective until April 1, 2012; and a March 19, 2012, offer for $2,000,000, effective until April 1, 2012.
[¶ 5] Puhr again objected to the land sale, claiming the personal representative's sale without advertising or appraising the land breached her legal and fiduciary duties to Lowell Shubert's heirs. After a hearing, the district court issued a May 21, 2012, order approving the land sale. The court determined Wikholm acted reasonably in entering the purchase agreement, there was no collusion or undue influence, and the purchase price was reasonable. The appellants appealed the May 2012, order approving the land sale.
[¶ 6] Meanwhile, on June 6, 2012, the appellants petitioned the district court to
[¶ 7] This Court temporarily remanded the appeal from the order approving the land sale for limited consideration of the appellants' motions under N.D.R.Civ.P. 54(b), 59, and 60. The appellants thereafter moved for relief under N.D.R.Civ.P. 59 and 60 from the orders approving the land sale and denying the petition to remove Wikholm as personal representative. The appellants filed a notice of lis pendens, dated December 28, 2012, against the land. After a February 2013 hearing, the district court denied the appellants' motions for relief from the prior orders under N.D.R.Civ.P. 59 and 60. The court also granted the appellants' request for a N.D.R.Civ.P. 54(b) certification of the order approving the land sale and denied their request for a similar certification of the order denying their petition to remove Wikholm as personal representative.
[¶ 8] The appellants thereafter appealed from the order denying their petition to remove Wikholm as personal representative and from the order denying their motion for relief under N.D.R.Civ.P. 59 and 60.
[¶ 9] Wikholm has moved to dismiss the appeals, claiming any issues about the completed land sale are moot because she executed a personal representative's warranty deed conveying the land to Novak, Mikkelson, and Pietsch on August 2, 2012. Wikholm also argues any issues about her removal as personal representative are interlocutory because the court denied the appellants' request for certification of that order under N.D.R.Civ.P. 54(b).
[¶ 10] Wikholm argues the appellants did not request a stay of the land sale pending appeal and the land was conveyed to Novak, Mikkelson, and Pietsch by a personal representative's warranty deed on August 2, 2012. She claims the land cannot be returned to the estates and the appeal from the order approving the land sale is moot because this Court cannot grant relief from the completed land sale. She also argues issues about the land sale are not of great public interest involving the authority and power of public officials, or capable of repetition yet evading review under this Court's mootness jurisprudence.
[¶ 11] The appellants claim they have not voluntarily and unequivocally acquiesced in the order approving the land sale because they requested a new trial and filed a lis pendens against the property. They claim there is a great public interest that statutes pertaining to a personal representative's duties be enforced.
[¶ 13] In Forum Pub. Co. v. City of Fargo, 391 N.W.2d 169, 170 (N.D.1986) (quoting Hart v. Bye, 86 N.W.2d 635, 637 (N.D.1957)), we explained the meaning of "great public interest":
[¶ 14] In June 2012, the appellants appealed from the order approving the land sale. In August 2012, Wikholm executed a personal representative's warranty deed conveying the land to the purchasers, who are not heirs of the estates or otherwise involved in the probate proceedings. The appellants did not attempt to obtain a stay of the land sale under N.D.R.Civ.P. 62 or N.D.R.App.P. 8. They claim that "in all probability [they] could not afford to post" the bond for a stay and "a motion for stay in all probability would have been an exercise in futility." They also claim the provisions for a stay in N.D.R.Civ.P. 62(h) are not applicable because they are not in possession of the property and not in a position to commit waste on the property under the language of that provision.
[¶ 15] For judgments or orders involving land sales, N.D.R.Civ.P. 62(h) contemplates maintaining the status quo by obtaining a stay to stop a land sale pending appeal and provides:
[¶ 16] The appellants may not be in a position to commit waste on the land during their appeal because they were not parties to the conveyance and the conveyance was structured from the personal representative to third persons not otherwise interested in the probate proceeding. Nevertheless, the plain language of N.D.R.Civ.P. 62(h) contemplates the execution of a property sale will not be stayed on appeal unless the appellant provides an undertaking executed by at least two sureties in a sum directed by the district court. See also N.D.R.Civ.P. 62(k) (stating appeal from intermediate order does not stay proceedings unless court orders otherwise and undertakings must be made to properly protect respondent). The obvious purpose of the stay is to maintain the status quo and to provide the parties' to the land sale with a measure of protection. Moreover, the language of N.D.R.Civ.P. 62(l) does not limit this Court's power to stay proceedings or preserve the status quo. See N.D.R.App.P. 8. See also In re Estate of Johnson, 214 N.W.2d 109, 110-11 (N.D. 1973) (recognizing Supreme Court's authority to issue stay after denial by district court). The record reflects the appellants did not seek or obtain a stay from the district court or this Court under either N.D.R.Civ.P. 62(h) or N.D.R.App.P. 8.
[¶ 17] In other contexts, this Court has long recognized the failure to obtain a stay may moot issues raised on appeal. See State v. One Buick Automobile, 48 N.D. 348, 352, 185 N.W. 305, 307 (1921) (record on appeal established execution sale had not been stayed and had been performed, which rendered issues on appeal moot); Ruso Farmers' Supply Co. v. Jacobson, 47 N.D. 223, 226-27, 181 N.W. 370, 371 (1921) (failure to obtain stay of garnishment proceeding rendered issues on appeal moot); Thompson v. Vold, 38 N.D. 569, 572-73, 165 N.W. 1076, 1077 (1917) (failure to obtain stay of proceedings to remodel school pending appeal rendered issues on appeal moot).
[¶ 18] Other courts have recognized the failure to obtain a stay pending appeal of a court authorized or ordered conveyance of property to third persons not interested in the action moots issues raised on appeal about the conveyance. Matter of Combined Metals Reduction Co., 557 F.2d 179, 186-91 (9th Cir.1977) (holding moot court orders approving conveyances by bankruptcy trustee where no stay sought); Steinbrecher v. Steinbrecher, 197 Ill.2d 514, 259 Ill.Dec. 729, 753 N.E.2d 509, 514-20 (2001) (holding moot court order approving public sale of land to third persons in partition action where self-represented party failed to timely perfect stay); In re Estate of Bork, 145 Ill.App.3d 920, 99 Ill.Dec. 754, 496 N.E.2d 329, 335-36 (1986) (holding moot court order authorizing sale of land from estate to third persons not interested in action where appellant unsuccessful in obtaining stay).
[¶ 19] We reject the appellants' claims about the "futility" of obtaining a stay of the order approving the personal representative's sale of the land to third persons not otherwise involved in the probate proceeding. The appellants' speculation about the futility of a stay is not a substitute for a stay to maintain the status quo pending appeal. We conclude the appellants have proffered no valid reason why they did not seek a stay, and in view of the completed conveyance and the absence of a stay from the district court or this Court, we conclude this Court is unable to provide relief from the order approving the land sale.
[¶ 21] In the absence of a stay of the completed land sale, we conclude the underlying issues in the appeal from the order approving the land sale are moot, and we dismiss the appeal from the order approving the land sale.
[¶ 22] Wikholm argues the district court's denial of the appellants' petition to remove her as personal representative of the estates is not appealable because the court denied the request for certification of that order under N.D.R.Civ.P. 54(b), which authorizes entry of a final judgment as to one claim or party for purposes of appeal in actions involving more than one claim for relief or multiple parties and provides:
[¶ 23] In Matter of Estate of Starcher, 447 N.W.2d 293, 295-96 (N.D.1989), this Court discussed the applicability of N.D.R.Civ.P. 54(b) to supervised and unsupervised probates. We recognized each proceeding in an informal unsupervised probate was "independent of any other proceeding involving the same estate." Starcher, at 295 (quoting N.D.C.C. § 30.1-12-07). We said "[f]inality in an unsupervised administration requires a concluding order on each petition," and orders in an unsupervised probate are appealable without certification under N.D.R.Civ.P. 54(b), unless they determine some, but not all, of one creditor's claims against an estate. See Starcher, 447 N.W.2d at 295-96.
[¶ 24] In In re Estate of Eggl, 2010 ND 104, ¶¶ 6-9, 783 N.W.2d 36, we considered the appealability of an order interpreting a will in an unsupervised probate. We held the order was appealable without a certification under N.D.R.Civ.P. 54(b) because the order settled all the petitioner's existing claims and their speculation about future claims did not diminish the effect or appealability of the order. Eggl, at ¶ 9.
[¶ 25] This is an informal unsupervised probate. The appellants' petition to remove Wikholm as personal representative is a proceeding separate from individual claims by creditors or heirs, and the court issued a concluding order on that petition. Finality in separate proceedings in an unsupervised administration requires
[¶ 26] The appellants argue the district court failed to follow the law in appointing Wikholm as personal representative of Lowell Shubert's estate, the court erred in finding she did not breach her fiduciary and statutory duties to the heirs, the court abused its discretion in refusing to remove her as personal representative of the estates, and the court denied the heirs due process in prohibiting the examination of her and the estates' initial attorney regarding the administration of the estates.
[¶ 27] Under N.D.C.C. § 30.1-17-11, a person interested in an estate may petition for removal of a personal representative for cause, which exists when removal is in the best interest of the estate, the personal representative has intentionally misrepresented facts leading to appointment, the personal representative has disregarded court orders, the personal representative has become incapable of discharging the duties of the office, or the personal representative has mismanaged the estate or failed to perform any duty pertaining to the office. A decision on a petition to remove a personal representative lies within the discretion of the district court. Estate of Hass, 2002 ND 82, ¶¶ 10, 12, 643 N.W.2d 713 (holding district court did not abuse discretion in refusing to remove personal representative). A district court abuses its discretion when it acts in an arbitrary, unconscionable, or unreasonable manner, when it misinterprets or misapplies the law, or when its decision is not the product of a rational mental process leading to a reasoned determination. In re Conservatorship of T.K., 2009 ND 195, ¶ 10, 775 N.W.2d 496.
[¶ 28] Here, after the hearing on the petition to remove Wikholm as personal representative, the district court explained its rationale for not removing her:
[¶ 29] We agree with the district court that appropriate and timely notices were not given in this case and that a timely inventory and appraisal were not provided. The notices in this case are not a model for the appropriate administration of an estate. We nevertheless conclude the court's decision reflects a reasoned application
[¶ 30] Each side claims the other side has acted in a frivolous manner in this appeal and requests attorney fees on appeal. We deny their requests.
[¶ 31] We have considered the remaining issues and arguments raised by the parties and find they are either unnecessary to our decision or without merit. We dismiss the appeal from the order approving the land sale and affirm the order denying the petition to remove Wikholm as personal representative.
[¶ 32] GERALD W. VANDE WALLE, C.J., WILLIAM A. NEUMANN, S.J., DANIEL J. CROTHERS, and DALE V. SANDSTROM, JJ., concur.
[¶ 33] The Honorable WILLIAM A. NEUMANN, S.J., sitting in place of KAPSNER, J., disqualified.