(1) Upon the petition of any person interested in the execution of the assignment presented to the circuit court, setting forth the necessity for the sale or disposition of the property or any portion thereof not provided for in the deed of assignment, the circuit court shall make such order in relation thereto as may seem just and for the best interest of the estate, setting forth the time and terms of the sale. The order shall be endorsed upon the petition and filed with the clerk of the circuit court.
(2) Nothing in this section and §§ 16-117-401, 16-117-402, and 16-117-405 shall be construed as to authorize the assignee to sell or dispose of the property until he or she has executed his or her bond in accordance with the provisions of § 16-117-401.