19-3-36
Section 19-3-36 Time for settlement; notice to creditors. Upon the filing of such account the
register or clerk must appoint a day, not less than 20 nor more than 60 days thereafter, to
hear and pass upon the account, and must give notice thereof by mail, postage prepaid, to
each creditor, his agent or attorney and to the assignor. (Code 1896, §4168; Code 1907, §6070;
Code 1923, §10407; Code 1940, T. 58, §24.)...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
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26-5-15
Section 26-5-15 Notice of filing of annual, partial, or final settlement; finality of orders
or decrees of court as to such settlement, etc., generally; reopening of accounts. Whenever
any conservator shall file any annual, partial, or final settlement in any court having jurisdiction
thereof, the court shall, at the request of such conservator, require that notice thereof
be given in the same manner as required by law in cases of final settlements. Any order or
decree of the court on such settlement after such notice shall be final and conclusive as
to all items of receipts and disbursements and other transactions and matters shown therein
and as to all fees and compensation fixed or allowed to such conservator and attorney, and
appeals therefrom shall and must be taken in the manner provided for from any other final
decrees of such court. Thereafter, at any time prior to final settlement, the account may
be reopened by the court on motion or petition of the conservator or ward or...
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43-2-519
Section 43-2-519 Notice of annual or partial settlement; conclusiveness of order or decree;
reopening account. Whenever any administrator or executor shall file any annual, partial or
final settlement in any court having jurisdiction thereof, the court shall, at the request
of such administrator or executor, require that notice thereof be given in the same manner
as required by law in cases of final settlements, and any order or decree of the court on
such settlement after such notice shall be final and conclusive as to all items of receipts
and disbursements and other transactions and matters shown therein, and as to all fees and
compensation fixed or allowed to any such administrator, executor or attorney, and appeals
therefrom shall and must be taken in the manner provided for from any other final decrees
of such court. Thereafter, at any time prior to final settlement, the account may be reopened
by the court on motion or petition of the administrator, executor, beneficiary or...
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19-3-37
Section 19-3-37 Examination and auditing of account; judgment. Upon the day so appointed, or
any day to which the hearing may be continued, the register or clerk must proceed to examine
and audit the account; and upon such auditing, the assignor or any creditor or party in interest,
his representative or transferee, may move the register or clerk to charge the trustee with
sums other than those with which he has charged himself, or may object to the allowance of
any item for which he claims credit; and such matters must be heard and the account stated
and passed upon by the register or clerk and distribution made and judgment to creditors as
in insolvent estates administered in the court of probate; and after deducting the costs and
expenses of administration, including five percent commissions to the trustee on the amount
of money with which he is charged, and the allowance of reasonable charges for the preparation
of the deed of assignment, and after the discharge of all liens or...
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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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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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19-3-33
Section 19-3-33 Objections to claims - Time for hearing; notice. Within 30 days after the expiration
of the time allowed for filing objections to claims, the register or clerk must appoint a
time, not less than 20 nor more than 60 days thereafter, for the hearing of such objections
as have been filed; and of the nature of the objections and the time appointed for such hearing,
he must give notice to each person whose claim is contested, by citation to be served upon
him, his agent or attorney, or, if he be a nonresident and have no resident agent or attorney,
such citation must be sent by mail, postage prepaid, to such claimant at his post office address.
(Code 1896, §4165; Code 1907, §6067; Code 1923, §10404; Code 1940, T. 58, §21.)...
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12-19-90
Section 12-19-90 Judge of probate - Schedule of fees. (a) The following fees for service provided
by the probate offices shall be charged and paid into the county treasury or to the judge
of probate as may be authorized or required by law: (1) Probate of will of not more than five
pages, whether contested or not, with three certified copies of letters and including final
settlement when not more than 10 pages. An additional charge of $3.00 per page for wills over
five pages in length and for final settlements in excess of 10 pages in length shall be made
..... $45.00 (2) Grant of letters of administration with three certified copies of letters
of administration and including final settlement when not more than 10 pages (when over 10
pages an additional charge of $3.00 per page) ..... 45.00 (3) Grant of letters of guardianship
or conservatorship, three certified copies ..... 20.00 (4) Partial or final settlement of
guardianship or conservatorship ..... 15.00 (5) Each additional...
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11-3-11
Section 11-3-11 Powers and duties generally. (a) The county commission shall have authority:
(1) To direct, control, and maintain the property of the county as it may deem expedient according
to law, and in this direction and control it has the sole power to locate the courts in the
rooms of the courthouse and to designate the rooms to be occupied by the officers entitled
to rooms therein, including the circuit judge if resident in the county, and to change the
location of the courts and the designation of the rooms for officers as it may deem best and
most expedient, and this shall be done by order of the county commission entered upon the
minutes of the county commission at a regular meeting of the county commission. In the event
the courthouse is inadequate to supply office rooms for such officers, the county commission
may lease such office rooms in a convenient location in the county site and pay the rental
from the county fund. (2) To levy a general tax, for general county...
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