Rhode Island General Laws

R.I. Gen. Laws § 33-12-6 (2026)

Sale of real estate to effect prompt settlement of estate

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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The executor or administrator may sell the real estate of a deceased person despite the sufficiency of the personal property to pay the debts, funeral expenses and the items above enumerated whenever in the discretion of the probate court this action seems desirable in effecting a prompt and efficient settlement of the estate; provided, however, that this authority shall not be given with reference to real estate specifically devised, unless the specific devisees consent in writing thereto. An executor with a valid power of sale under a will may convey specifically devised property with the written consent of the specific devisee.

Notes of Decisions
Cited in 5 cases, 1964–2011 · leading case: In re Tetreault, 11 A.3d 635 (R.I. 2011).
In re Tetreault, 11 A.3d 635 (R.I. 2011). · cites it 16× “It is also well established under G.L.1956 § 33-12-6 that an executrix may move to sell real property for the prompt and efficient settlement of the probate estate.”
Hanley v. Alarie, 746 A.2d 125 (R.I. 2000). · cites it 11× “” Finally, the trial justice ruled that, under G.L.1956 § 33-12-6, appellant was required to seek court approval and to obtain the written consent of her brothers, both of whom were specific devisees, before selling the property.”
DiCristofaro v. Beaudry, 320 A.2d 597 (R.I. 1974). · cites it 6× “1956, §33-12-6, as amended by P. L. 1962, ch. 127, sec.”
Ranalli v. Edwards, 202 A.2d 516 (R.I. 1964). · cites it 5× “For this reason the co-administrators petitioned the probate court for permission to sell the real estate pursuant to G.L. 1956, § 33-12-6. The appellant, however, appears to contend that these petitions were filed under § 33-19-3.”
DiCristofaro v. Beaudry, 293 A.2d 301 (R.I. 1972). · cites it 2× “1956, §33-12-6 as amended by P. L. 1962, ch. 127, sec.”
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