SECTION 2-607. NONEXONERATION uniform probate code

SECTION 2-607. NONEXONERATION uniform probate code. A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
Comment
See Section 3-814 empowering the personal representative to pay an encumbrance under some circumstances; the last sentence of that section makes it clear that such payment does not increase the right of the specific devisee. The present section governs the substantive rights of the devisee. The common law rule of exoneration of the specific devise is abolished by this section, and the contrary rule is adopted.
For the rule as to exempt property, see Section 2-403.
The rule of this section is not inconsistent with Section 2-606(b). If a conservator or agent for an incapacitated principal mortgages specifically devised property, Section 2-606(b) provides that the specific devisee is entitled to a pecuniary devise equal to the amount of the unpaid loan. Section 2-606(b) does not contradict this section, which provides that the specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration.