Title 53, Chapter 7, Section 6
( 53-7-6)
Except as otherwise provided in the will, a personal representative
is authorized: (1) To borrow money and to bind the estate by the execution of a
promissory note for money borrowed and to pledge any or all the
property of the estate for the payment of such a promissory note
by mortgage, trust deed, deed to secure debt, or other security
instrument, for the purpose of paying any gift, estate,
inheritance, income, sales, or ad valorem taxes due the United
States, the state, or any municipality or county of the state
which constitute a claim or demand against the estate; provided,
however, that a personal representative who desires to borrow
money shall file a petition with the probate court, setting forth
the facts and specifying the amount to be borrowed, the purpose
for which the same shall be used, the rate of interest to be paid,
the property to be pledged as security and the period of time over
which the loan is to be repaid and, upon notice and hearing of the
petition, an order granting leave to borrow the money and encumber
the estate shall be entered and such order shall be binding,
final, and conclusive as to all interested parties; (2) To make contracts for labor or service for the benefit of the
estate upon such terms as the personal representative deems best
and all such contracts made in good faith shall be a charge upon
and bind the estate whenever such contracts are approved by the
probate court; (3) To fulfill, as far as possible, the executory contracts and
comply with the executed contracts of the decedent, including
contracts for the sale of land or bonds to make title to land, and
shall have a corresponding right to demand the same of parties
contracted with; provided, however, that if the personal skill of
the decedent entered into the consideration of the contract and
the decedent's death renders execution impossible, the contract,
though entire, shall be considered divisible and closed at the
decedent's death and any partial execution by the decedent shall
authorize and require a corresponding compliance by the other
contracting party; (4) To provide competent legal counsel for the estate according to
the needs of the estate and, in such cases, either the personal
representative or the attorney employed may, by petition to the
probate court duly served on the other, obtain a judgment fixing
the attorney's fees and expenses; (5) To continue the business of the decedent for the 12 months
following qualification of the personal representative, after
which the personal representative may petition for permission to
continue the business under such terms and conditions as the
probate court may specify; and (6) To petition the probate court for permission to perform such
other acts as may be in the best interests of the estate. |