Section 9-26-4

Citation: Section 9-26-4
Parent Document: In Re Tetreault, 11 A.3d 635 (2011)
Jurisdiction: Rhode Island (state)
Effective Date: 2011-01-13
Original Source: https://www.courtlistener.com/opinion/2560125/in-re-tetreault/ ↗

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In the absence of a testamentary power of sale, § 33-12-6 contains a clear mandate that an executrix obtain Probate Court approval before selling real estate for the settlement of an estate. See § 33-12-6 (stating that an executor may sell the real estate of the testator “whenever in the discretion of the probate court this action seems desirable in effecting a prompt and efficient settlement of the estate”). The only reference made in § 33-12-6 to a testamentary power of sale follows that mandate, providing: “An executor with a valid power of sale under a will may convey specifically devised property with the written consent of the specific devisee.” This provision does not require that an executrix with a valid testamentary power of sale also obtain Probate Court approval for the sale of real property to settle an estate. Instead, this provision merely requires consent of the specific devisee for the conveyance of specifically devised property based on the testamentary power of sale.

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