§ 2-3-501 — Authorization by court; generally

Whenever in any estate or guardianship now being administered or
that may hereafter be administered, it appears to the court to
be for the advantage of the estate or ward to raise money upon a
note or notes secured by a mortgage of the real or personal
property of any decedent or ward or to make a lease of such real
property, or it appears to the court that the homestead of a
minor or incompetent is mortgaged and the mortgage thereon is
subject to foreclosure, and the guardian does not have
sufficient money in the estate of the person to pay the
mortgage, the court may as often as occasion therefor shall
arise in the administration of the estate or guardianship, on
petition, notice and hearing as provided in this article,
authorize and direct the executor, administrator or guardian to
mortgage the personal or real property, including release and
waiver of homestead of the ward, and to execute a note or notes
secured by the mortgage, or to lease the real estate, or any
part thereof.