While it is a general rule that the personal estate of a decedent is liable for the payment of his debts, it is modified in case the personalty proves insufficient to satisfy the claims. After the executor or administrator has made his account of the personal estate and debts to the court, he files a petition for the sale of the real estate.2

1 Dickinson vs. Robson, 1 Halst., 195.

(a) The petition is prepared and filed by the executor or administrator in the county in which the administration is taking place. The widow, heirs, legatees, devisees, minors and guardians of such minors, incompetent persons and their conservators, and all persons having or claiming to have any right, title or interest, in possession or otherwise, in the premises described in the petition, are made parties.3

(b) The administrator or executor is the only one who can institute this proceeding.4

(c) Sale may be compelled. Upon application to the court by any person interested, the court may coerce the executor or administrator to apply for an order for leave to sell the real estate to pay the debts.

(d) Form of petition. Petition shall set forth the facts and circumstances of the estate, the amount of claims allowed, an estimate of the amount of just claims to be presented, statement of the amount of the personal estate, the disposition of it, the amount of claims paid, and careful description of real estate to be sold, the nature and extent of liens thereon, and such other elements as shall be necessary under the circumstances. The petition must be signed by the administrator or executor, duly verified and filed at the time fixed by statute, and thereupon summons issue against the defendants.5 The power of an administrator to sell the lands of the decedent to pay debts of the estate being derived from statute of the State, it is therefore necessary that the proper averments of the existence of the state of facts contemplated by the statute be made, and be sustained by proper proof.6

2 Kenley vs. Bryan, 110 Ill., 652; Kinney vs. Knoeble, 51 Ill., 114.

3 Bowers vs. Block, 129 Ill., 424; Burr vs. Bloemer, 174 Ill., 638.

4 Lemoyne vs. Qumsby, 70 Ill., 399.

5 Nicols vs. Lee, 16 Col., 147.