§ 33-12-4. Sale or mortgage of real estate when personalty insufficient.
If the personal property of a deceased person is insufficient to pay his or her debts, funeral expenses, charges of administration, and the expense of supporting his or her family, as prescribed by law, and the legacies as are expressly or impliedly charged upon the real estate, his or her executor or administrator shall sell or mortgage for an amount decreed, in the manner provided in this chapter, so much of his or her real estate or of any interest in the real estate as may be subject to and required for the purpose of payments.
History of Section.C.P.A. 1905, § 734; G.L. 1909, ch. 308, § 1; P.L. 1918, ch. 1640, § 1; G.L. 1923, ch. 359, § 1; G.L. 1938, ch. 570, § 1; G.L. 1956, § 33-12-4.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-12 - Payment of Decedents’ Debts and Charges
Section 33-12-1. - Estate chargeable with debts.
Section 33-12-2. - Order of application of property.
Section 33-12-3. - Expenses included in expenses of administration.
Section 33-12-4. - Sale or mortgage of real estate when personalty insufficient.
Section 33-12-5. - Real estate not devised applied first.
Section 33-12-6. - Sale of real estate to effect prompt settlement of estate.
Section 33-12-7. - Powers of temporary executors and administrators with will annexed over realty.
Section 33-12-8. - Public or private sale of assets.
Section 33-12-11. - Order of preference of debts.
Section 33-12-12. - Decrees for distribution of insolvent estates.
Section 33-12-13. - Disposition of assets of nonresident.
Section 33-12-16. - Residue of insolvent estate of nonresident after payment to citizens.