§ 33-9-8. Redemption or sale of incumbered property.
The executor or administrator, if there be sufficient assets, may redeem all property of the deceased under mortgage, pledge, or levy, the redemption of which would increase the value of the estate, or he or she may sell the property subject to incumbrance; and the executor or administrator shall in that case first obtain the advice and direction of the probate court as to whether he or she shall redeem or sell the property subject to incumbrance, and failure to comply with the advice and direction shall be deemed maladministration and waste.
History of Section.C.P.A. 1905, § 850; G.L. 1909, ch. 312, § 36; G.L. 1923, ch. 363, § 36; G.L. 1938, ch. 575, § 34; G.L. 1956, § 33-9-8.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-9 - Collection and Management of Decedents’ Estates
Section 33-9-1. - Return of inventory of estate.
Section 33-9-2. - Wearing apparel.
Section 33-9-3. - Emblements of lands.
Section 33-9-4. - Appraisal of property.
Section 33-9-5. - Debts owed by executor to decedent.
Section 33-9-6. - Marking and care of decedent’s grave.
Section 33-9-7. - Continuation of decedent’s business.
Section 33-9-8. - Redemption or sale of incumbered property.
Section 33-9-9. - Real estate mortgages as personal property.
Section 33-9-10. - Sale of mortgage and debt.
Section 33-9-11. - Taking possession of property by mortgage.
Section 33-9-12. - Possession and sale of property taken through mortgage.
Section 33-9-13. - Redemption of mortgaged property from executor or administrator.
Section 33-9-14. - Authority of executor or administrator to borrow.
Section 33-9-15. - Purposes for which borrowing authorized.
Section 33-9-16. - Effect of borrowing by executor or administrator.
Section 33-9-17. - Lender not liable for loss or misapplication.
Section 33-9-18. - Authority to lend, invest, vote, and protect investments.
Section 33-9-19. - General powers of executor or administrator unaffected.
Section 33-9-20. - Representation of contingent interests and persons non sui juris.
Section 33-9-21. - Appeals to supreme court.
Section 33-9-24. - Continuation of actions by or against decedent.
Section 33-9-25. - Substitution and execution by successor administrator.
Section 33-9-26. - Liability of executor in own wrong.
Section 33-9-27. - Personal liability of executor or administrator for debts of estate.
Section 33-9-28. - Civil action with suggestion of waste.
Section 33-9-29. - Descent or distribution of real estate to be recorded.