RCW 11.56.040
Order directing mortgage.
If the court should determine that it is necessary or proper, for any of the said purposes, to mortgage any or all of said property, it may make an order directing the personal representative to mortgage such thereof as it may determine upon, and such order shall contain the terms and conditions of such transaction and authorize the personal representative to execute and deliver his or her note or notes and secure the same by mortgage, and thereafter it shall be the duty of such personal representative to comply with such order. The personal representative shall not deliver any such note, mortgage, or other evidence of indebtedness until he or she has first presented same to the court and obtained its approval of the form. Every mortgage so made and approved shall be effectual to mortgage and encumber all the right, title, and interest of the said estate in the property described therein at the time of the death of the said decedent, or acquired by his or her estate, and no irregularity in the proceedings shall impair or invalidate any mortgage given under such order of the court and approved by it.
[ 2010 c 8 § 2044; 1965 c 145 § 11.56.040. Prior: 1917 c 156 § 125; RRS § 1495; prior: Code 1881 § 1494; 1854 p 285 § 104.]
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.56 - Sales, Exchanges, Leases, Mortgages, and Borrowing.
11.56.005 - Authority to exchange.
11.56.010 - Authority to sell, lease or mortgage.
11.56.020 - Sale, lease or mortgage of personal property.
11.56.030 - Sale, lease or mortgage of real estate—Petition—Notice—Hearing.
11.56.040 - Order directing mortgage.
11.56.045 - Order directing lease.
11.56.050 - Order directing sale.
11.56.060 - Public sales—Notice.
11.56.070 - Postponement, adjournment of sale—Notice.
11.56.080 - Private sales of realty—Notice—Bids.
11.56.090 - Minimum price—Private sale—Sale by negotiation—Reappraisement.
11.56.100 - Confirmation of sale—Approval—Resale.
11.56.110 - Offer of increased bid—Duty of court.
11.56.115 - Effect of confirmation.
11.56.120 - Conveyance after confirmation of sale.
11.56.180 - Sale of decedent's contract interest in land.
11.56.210 - Assignment of decedent's contract.
11.56.220 - Redemption of decedent's mortgaged estate.
11.56.230 - Sale or mortgage to effect redemption.
11.56.240 - Sale of mortgaged property if redemption inexpedient.
11.56.250 - Sales directed by will.
11.56.265 - Broker's fee and closing expenses—Sale, mortgage or lease.
11.56.280 - Borrowing on general credit of estate—Petition—Notice—Hearing.