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§ 33-13-3 - Restrictions on power of heir or devisee to incumber or alien realty.

SECTION 33-13-3

   § 33-13-3  Restrictions on power of heir ordevisee to incumber or alien realty. – No heir or devisee of a deceased person shall have power, within two (2) yearsand six (6) months after the first publication of the notice of thequalification of the first executor or administrator on the estate of thedeceased person, to incumber or alien the real estate of the deceased so as toprevent or affect the sale of the real estate by the executor or administrator,if necessary, as prescribed by law; provided, however, unless otherwisedirected by will or codicil, that after the expiration of the period of two (2)years and six (6) months from the date of first publication, without anydeduction of time when there was no representative of the estate, the heir ordevisee may alien or incumber the real estate, and the real estate shall not bechargeable with any lien for the debts of the deceased.

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