§ 33-19-1. Court consent to mortgage. The probate court which issued letters testamentary or of administration or guardianship may authorize an executor, administrator, or guardian to mortgage the real estate of the deceased or ward upon a petition filed, describing the particular estate to be mortgaged, the amount of money necessary to be raised, and […]
§ 33-19-10. Notice of sale at auction. Before making any sale at auction, the executor, administrator, or guardian shall publish notice of the time, place, and conditions of sale for four (4) successive weeks in some public newspaper designated by the court in the decree authorizing the sale, and shall give additional notice of the […]
§ 33-19-11. Adjournment of auction sale. The executor, administrator, or guardian may, in his or her discretion, adjourn any auction sale to a future day, whenever he or she may deem it advisable, giving notice of the adjournment in the same manner in which notice of the sale was given, as soon as may be […]
§ 33-19-12. Affidavit as to notice of sale. The executor, administrator, or guardian making the sale shall, within ten (10) days after providing notice, make and file in the office of the probate clerk an affidavit stating the times and places of giving notice, which shall be prima facie evidence of the matters stated in […]
§ 33-19-13. Laying out of roads and platting of land. Probate courts shall also have the power to grant petitions of executors, administrators, or guardians for leave to lay out, make, or dedicate highways, streets, or gangways upon lands of the deceased or ward, and to plat those lands into house lots, with streets, gangways, […]
§ 33-19-14. Conditions imposed by court. In granting any petition under any of the preceding sections, the court may impose such conditions, in addition to those imposed by law, as it may see fit. History of Section.C.P.A. 1905, § 742; G.L. 1909, ch. 308, § 9; G.L. 1923, ch. 359, § 9; G.L. 1938, ch. […]
§ 33-19-15. Conveyances. Every executor, administrator, or guardian making a sale as provided in this chapter may, by virtue of his or her authority, make and execute, in due form of law, conveyances of the real estate sold; and the conveyances shall make as good title to the purchaser as the testator or intestate in […]
§ 33-19-16. Sale by guardian and payment of proceeds to fiduciary in nonresident ward’s domicile. A guardian appointed within this state, whose ward leaves or resides out of the state, may sell the real property of his or her ward and transfer and pay over the whole or any part of the proceeds or of […]
§ 33-19-17. Release of interests in real estate by guardians. Guardians, after giving notice as required upon petition for leave to sell real estate, may be authorized by probate courts to release and discharge a vested, contingent or possible right or interest in or to real estate, upon such terms and conditions as may appear […]
§ 33-19-18. Sale of cemetery lots. Probate courts may authorize executors, administrators, and guardians, after notice to all persons interested as provided, or upon the assent of all interested persons, filed in court, to sell and convey or release, upon the terms and in such manner as the courts may order, lots in cemeteries belonging […]
§ 33-19-19. Exchange of cemetery lots by guardians. Probate courts may authorize guardians appointed or approved by them to exchange any lot of their wards in any burial ground or cemetery within this state, or any right or interest of their wards in any burial or cemetery lot, for any lot, right, or interest in […]
§ 33-19-2. Terms of mortgages and notes. A mortgage given by an executor, administrator, or guardian, under leave from a probate court, may contain such powers of sale, conditions and covenants as are usual in mortgages taken by savings banks in this state. Notes secured by, and covenants contained in, mortgages given by executors, administrators, […]
§ 33-19-20. Repealed. History of Section.C.P.A. 1905, § 755; G.L. 1909, ch. 308, § 22; G.L. 1923, ch. 359, § 22; G.L. 1938, ch. 570, § 22; Repealed by P.L. 1995, ch. 323, § 29, effective July 5, 1995.
§ 33-19-21. Irregularities in proceedings. No sale of real estate made by an executor, administrator, or guardian, under decree of a probate court, and no title under the sale, shall be avoided because the deed was not delivered within one year after the decree, or on account of any irregularity in the proceedings, if it […]
§ 33-19-22. Validity of sale as against claimant adverse to decedent or ward. If the validity of a sale is drawn in question by a person claiming adversely to the title of the deceased or of the ward, or claiming under a title that is not derived from or through the deceased or the ward, […]
§ 33-19-23. Surplus real estate proceeds distributed as real estate. Surplus proceeds arising from the sale or mortgage of the real estate of a deceased person by an executor or administrator, or from the sale or mortgage of the real estate of a ward by his or her guardian, remaining on the settlement of the […]
§ 33-19-24. Examination of sale proceedings — Recovery of damages. Every executor, administrator, and guardian authorized to sell real estate by decree of court shall be required, upon application to the probate court by an heir, creditor, ward, or other person interested in the estate, to make answer, upon oath, as to all matters touching […]
§ 33-19-25. Compliance with legal requirements examined on settlement of fiduciary’s accounts. In settling the accounts of executors, administrators, and guardians, the probate courts shall examine and adjudge whether they have complied with the law and the directions of the court in regard to the sale or mortgage of real estate. History of Section.C.P.A. 1905, […]
§ 33-19-26. Authority for lease by guardian. The probate court which appointed or approved a guardian, upon the petition of the guardian, setting forth a description of the real estate which it is proposed to lease, upon hearing, after the notice as the court shall order, may authorize the guardian to give a written lease […]
§ 33-19-27. Sale, lease, or mortgage by foreign guardian of nonresident ward. If any person who resides out of the state, but within the United States, is under guardianship in the state, territory, or district where he or she resides, and has no guardian appointed in this state, the foreign guardian may file a copy […]
