(a) If a decedent has mortgaged any real or personal property, or has pledged any personal property, or at the time of his or her death owns an equity of redemption, and he or she has neither devised the property nor provided by will for the redemption thereof, the court may order the personal representative to redeem the property out of assets in his or her hands if the action would be beneficial to the estate and not injurious to creditors.
(b) If redemption would be injurious to the estate or to the creditors, the court may order the personal representative to sell all of the right, title, and interest of the decedent in and to the property.
Section: Previous 28-49-102 28-49-103 28-49-104 28-49-105 28-49-106 28-49-107 28-49-108 28-49-109 28-49-110 28-49-111 28-49-112 28-49-113 28-49-114 28-49-115 NextLast modified: November 15, 2016