Except as otherwise provided by the will, any debt not due by its terms at the time for payment of debts of equal priority shall be satisfied and the estate shall be discharged with respect to such debt in such manner as the personal representative deems to be in the best interest of the estate in accordance with the following rules:
(1) The debt may be prepaid in accordance with the terms of any right to prepay;
(2) By agreement with the creditor, the debt may be satisfied before it is due by the payment of an amount representing the agreed present value of the debt;
(3) By agreement with the creditor, the debt may be assumed by one or more heirs or beneficiaries or by any other person; and
(4) By agreement with the creditor, or by order of the probate court after notice to the creditor and a hearing, arrangement for future payment may be made by creating a trust, giving a deed to secure debt or security interest, obtaining a bond or other security from one or more heirs or beneficiaries, or otherwise.
Section: Previous 53-7-40 53-7-41 53-7-42 53-7-43 53-7-44 53-7-45 NextLast modified: October 14, 2016