§ 1612 - Realty may be sold, though personalty not exhausted
§ 1612. Realty may be sold, though personalty not exhausted
When the personal estate of the deceased is not sufficient to pay the debts and charges of administration without injuring the business of those interested in the estate, or otherwise prejudicing their interests, and where a testator has not otherwise made sufficient provision for the payment of debts and charges, the probate court, on motion of the executor or administrator, with the written consent of the heirs, devisees and legatees, may grant license for that purpose to the executor or administrator to sell real in lieu of personal estate, if it clearly appears that a sale of real estate would be beneficial to the persons interested and will not defeat any devise of lands; in which case, the consent of the devisee shall be required. (Amended 1985, No. 144 (Adj. Sess.), § 75.)