§ 33-12-9. Application of rents and income of real estate to debts — Leases by executor or administrator.
Whenever the personal property subject to inventory, other than household furniture and stores, of any decedent shall not be sufficient to pay his or her debts and the charges against his or her estate, the probate court having jurisdiction of the estate may, instead of, or in addition to, granting leave to sell the real estate of the deceased, enter its decree empowering the executor or administrator to take upon himself or herself and supersede the possession of the heirs or devisees of the deceased, as to all or any portion of the real estate of the deceased designated in the decree, so far, and so far only, as shall be necessary to enable the executor or administrator to demand, sue for, and recover the rents and income reserved and accruing from the property after the entry of the decree from any tenants or other persons by whom rents and income shall be payable; with power also to let the property from month to month, or to make such other leases of the premises as the court shall approve and direct; and the receipt of the executor or administrator for payments made shall be valid as well against the heirs and devisees as against the executor or administrator, and any letting or lease lawfully made by the executor or administrator shall be binding also upon the heirs and devisees of the deceased; and provided, that this section shall not apply to real estate which is specifically devised, or as to which directions inconsistent with this section are given in and by a will, unless the other real estate is insufficient for the purposes of this section; and provided, further, that the court may at any time, after notice to the executor or administrator, and after a hearing, revoke its former decree without prejudice to existing leases by it approved and directed, and order the executor or administrator to surrender possession of the real estate to the heirs or devisees.
History of Section.C.P.A. 1905, § 847; G.L. 1909, ch. 312, § 33; G.L. 1923, ch. 363, § 33; G.L. 1938, ch. 575, § 31; P.L. 1939, ch. 659, § 2; G.L. 1956, § 33-12-9; P.L. 1995, ch. 323, § 26.
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.