19-3-29
Section 19-3-29 Presentation of claims; verification; receipt. All claims against the trust
estate must be presented by or on the day specified in such order and notice, by filing the
claim, or a statement thereof, in the office of the register or clerk, verified as claims
against the estate of a decedent are required to be verified, before a notary public or other
officer authorized to take and certify affidavits within or beyond the state; and all claims
not so presented are precluded from sharing in the assignment or participating in any dividend
that may be made from the trust estate, until all presented and allowed claims shall have
been paid in full. But when a claim has been so presented prior to giving of such notice,
a second presentation is not necessary. Any defect or insufficiency in the affidavit may be
remedied by amendment at any time. The register or clerk must give to the creditor, his agent
or attorney a receipt for his claim, and must indorse thereon the date of...
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43-2-350
Section 43-2-350 Time and manner of filing claims - Generally. (a) All claims against the estate
of a decedent, held by the personal representative of the decedent or by an assignee or transferee
of the personal representative, or in which the personal representative has an interest, whether
due or to become due, must be presented within six months after the grant of letters, or within
five months from the date of the first publication of notice, whichever is the later to occur,
provided however, that any creditor entitled to actual notice as prescribed in section 43-2-61
must be allowed thirty days after notice within which to present the claim, by filing the
claims, or statement thereof, verified by affidavit, in the office of the judge of probate,
in all respects as provided by section 43-2-352. All claims not so presented and filed are
forever barred, and the payment or allowance thereof is prohibited. But this subsection shall
not apply to claims of personal representatives to...
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11-4-23
Section 11-4-23 Duties generally. It shall be the duty of the county treasurer: (1) To receive
and keep the money of the county and disburse the same as below stated: a. To pay out of the
general fund of the county, on presentation and without being audited and allowed by the county
commission, all grand and petit juror certificates and to pay all other claims against the
general funds that must be allowed and audited only after they have been audited and allowed
and a warrant has issued therefor, but only to the extent so allowed, any warrant to the contrary
notwithstanding, and in making payments from said fund he shall observe the order of preference
as prescribed by Section 11-12-15. b. To keep in well-bound books separate registers of claims
presented against the general fund, the special fund if any and the fine and forfeiture fund.
c. To number and register in the order in which they are presented all claims against the
general fund which have been audited and allowed by the...
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43-2-352
Section 43-2-352 Verification of claims. The presentation must be made by filing a verified
claim, or a verified statement thereof, in the office of the judge of probate in which letters
are granted, and the same must be docketed with a note of the date of such presentation; and,
if required, a statement must be given by such judge, showing the date of presentation. Every
such claim or statement thereof so presented must be verified by the oath of the claimant
or some person having knowledge of the correctness thereof, and that the amount claimed is
justly due, or to become due, after allowing all proper credits. Any defect or insufficiency
in the affidavit may be supplied by amendment at any time. All claims not presented within
six months from the granting of letters testamentary or letters of administration shall be
forever barred, and the payment or allowance thereof is prohibited. But this section shall
not apply to claims of executors or administrators to compensation for their...
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19-3-27
Section 19-3-27 Submission of petition to circuit judge; order designating time for presenting
claims. Upon the filing of such petition the register or clerk must submit the same, together
with the inventory and appraisement, upon the original papers, to the circuit judge and the
circuit judge must make an order designating a day, not less than two nor more than 12 months
from the date thereof, by or on which day all claims against the trust estate must be presented,
verified by affidavit. (Code 1896, §4159; Code 1907, §6061; Code 1923, §10398; Code 1940,
T. 58, §15.)...
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19-3-28
Section 19-3-28 Notice to creditors. Upon the making of such order the register or clerk must
give notice thereof by mail, postage prepaid, to each creditor whose name and address he may,
by diligent inquiry and investigation, ascertain from the trustee, or assignor, or the record
of the deed of assignment in the office of the judge of probate, or any other available source
of information, and must also give notice by publication once a week for three successive
weeks in a newspaper published in the county, or if there be no such paper, by posting the
notice at the courthouse door for the same length of time. Such notice may be substantially
in the following form: "To the creditors of A.B., of _____: "The said A.B., having
made an assignment for the benefit of creditors, and C.D. having filed his petition for the
administration of such trust by the circuit court, and the circuit judge having made an order
designating the _____ day of _____, as a day by or on which all claims of...
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26-2A-156
Section 26-2A-156 Claims against protected person; enforcement. (a) A conservator may pay or
secure from the estate claims against the estate or against the protected person arising before
or after the conservatorship upon their presentation and allowance in accordance with the
priorities stated in subsection (d). A claim may be presented by either of the following methods:
(1) The claimant may deliver or mail to the conservator a written statement of the claim indicating
its basis, the name and mailing address of the claimant, and the amount claimed; or (2) The
claimant may file a written statement of the claim, in the form prescribed by rules of the
court, with the clerk of court and deliver or mail a copy of the statement to the conservator.
(b) A claim is deemed presented on the first to occur of receipt of the written statement
of claim by the conservator or the filing of the claim with the court. A presented claim is
presumed to be disallowed if receipt of the claim is not...
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43-2-581
Section 43-2-581 Application. The application for such purpose must be in writing, verified
by affidavit; must set forth the applicant's claim and must allege a sufficiency of assets
in the hands of such executor or administrator to pay the same after discharging the debts
of the testator, charges on his estate and other legacies entitled to priority of payment.
(Code 1852, §1773; Code 1867, §2099; Code 1876, §2476; Code 1886, §2193; Code 1896, §261;
Code 1907, §2737; Code 1923, §5976; Code 1940, T. 61, §336.)...
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19-3-24
Section 19-3-24 Duty of trustee to make inventory; filing of copies; supplemental inventories.
It is the duty of the trustee of an express trust created for the payment of debts, within
20 days after entering upon the execution of such trust, to make an inventory of the entire
trust property so far as the same has come to his possession or knowledge, describing the
real estate and grouping and classifying the personal property in as brief and comprehensive
manner as may be consistent with its proper identification and appraisement, and stating the
amount and character of all choses in action, with the names of debtors, belonging to the
trust. In reducing such inventory to writing, the trustee must leave appropriate spaces opposite
each article or item, with proper caption, in which spaces the appraised value may be inserted
by the appraisers. The trustee must, within the time above stipulated, file, in the office
of the register or clerk of the county in which the most valuable portion...
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8-15-14
Section 8-15-14 Revocation of permit; liquidation of operation. (a) In the event that the Commissioner
of Agriculture and Industries upon a public hearing finds and determines that a public warehouse
is being operated in violation of law and regulations and in jeopardy of the public interest,
he shall thereupon revoke the permit to operate such public warehouse and, in his discretion,
he may take charge of the operation of such warehouse for the purpose of liquidating the same
under the direction of the circuit court having jurisdiction at the place of the operation
thereof and to operate same under the direction of the court for such time as may be necessary
to protect the public interest or to compel compliance with the laws and regulations relating
to the operation of public warehouses. (b) Upon taking charge thereof, the Commissioner of
Agriculture and Industries shall appoint in writing, under his hand and official seal, an
agent to assist him in the duty of liquidation and...
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