§ 33-12-9 - Application of rents and income of real estate to debts – Leases by executor or administrator. - Rhode Island Statutes

SECTION 33-12-9

   § 33-12-9  Application of rents and incomeof real estate to debts – Leases by executor or administrator. – Whenever the personal property subject to inventory, other than householdfurniture and stores, of any decedent shall not be sufficient to pay his or herdebts and the charges against his or her estate, the probate court havingjurisdiction of the estate may, instead of, or in addition to, granting leaveto sell the real estate of the deceased, enter its decree empowering theexecutor or administrator to take upon himself or herself and supersede thepossession of the heirs or devisees of the deceased, as to all or any portionof the real estate of the deceased designated in the decree, so far, and so faronly, as shall be necessary to enable the executor or administrator to demand,sue for, and recover the rents and income reserved and accruing from theproperty after the entry of the decree from any tenants or other persons bywhom rents and income shall be payable; with power also to let the propertyfrom month to month, or to make such other leases of the premises as the courtshall approve and direct; and the receipt of the executor or administrator forpayments made shall be valid as well against the heirs and devisees as againstthe executor or administrator, and any letting or lease lawfully made by theexecutor or administrator shall be binding also upon the heirs and devisees ofthe deceased; and provided, that this section shall not apply to real estatewhich is specifically devised, or as to which directions inconsistent with thissection are given in and by a will, unless the other real estate isinsufficient for the purposes of this section; and provided, further, that thecourt may at any time, after notice to the executor or administrator, and aftera hearing, revoke its former decree without prejudice to existing leases by itapproved and directed, and order the executor or administrator to surrenderpossession of the real estate to the heirs or devisees.