Title 53, Chapter 7, Section 44
( 53-7-44)
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. |