26-5-35
Section 26-5-35 Proceedings upon failure of conservator to obey process to appear and file
accounts and vouchers. If a conservator fails to obey any process requiring him or her to
appear and file his or her accounts and vouchers for a final or partial settlement, the court
of probate may, by attachment, compel his or her appearance and may, if on appearance he or
she refuses to file such accounts and vouchers or to show good cause for his or her omission,
imprison him or her for a period not exceeding six months. (Code 1886, §2472; Code 1896,
§2357; Code 1907, §4447; Code 1923, §8220; Code 1940, T. 21, §150; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
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26-5-32
Section 26-5-32 Partial settlement generally - Issuance of process requiring conservator to
make partial settlement; taxing of costs. If a conservator fails to make a partial settlement
as often as such settlement is required of him or her, the court must issue process to him
or her, requiring him or her to make such settlement, and all the costs thereof and of the
process must be taxed against him or her personally and must not be charged against the ward
or his or her estate, unless he or she appears in answer to the process and shows a satisfactory
excuse for his or her failure and files his or her accounts and vouchers for such settlement.
(Code 1886, §2469; Code 1896, §2354; Code 1907, §4444; Code 1923, §8217; Code 1940, T.
21, §147; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-557
Section 43-2-557 Proceedings on final settlement of account. On the day appointed for auditing
such account, any person may attend on the part of such executor or administrator or, if dead,
of his personal representative or, in case of his removal from the state, his sureties and
show that he is entitled to additional credits; and any person interested may attend and contest
any item of such account or in any previous account, or may show assets not accounted for,
or that such executor or administrator has failed to collect any assets from want of due diligence,
or that, by any abuse of or failure to discharge his trust, such assets, or any portion thereof,
have been injured, destroyed or depreciated; and, in case of such proof, the executor or administrator
or, if dead, his personal representative or, in case of his removal from the state, his sureties
must be charged therewith. On such settlements, decrees must be rendered as upon like settlements
voluntarily made. (Code 1852,...
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43-2-682
Section 43-2-682 Court may allow compensation or attorney's fees up to time of settlement.
Upon any annual, partial or final settlement made by any administrator or executor, the court
having jurisdiction thereof may fix, determine and allow the fees or other compensation to
which any such administrator or executor is entitled from an estate up to the time of such
settlement, and may also fix, determine and allow an attorney's fee or compensation, to be
paid from such estate to attorneys representing such administrator or executor, for services
rendered to the time of such settlement. (Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940,
T. 61, §379.)...
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26-5-30
Section 26-5-30 Partial settlement generally - Authorization and procedure generally. The court
of probate may, at any time it is deemed necessary for the safety of the ward, require a conservator
to make partial settlement of his or her conservatorship. The conservator must have notice
of such requirement 10 days before the day appointed for his or her appearance by service
of process and may appear and show, if he or she can, that such settlement is not necessary.
(Code 1886, §2467; Code 1896, §2352; Code 1907, §4442; Code 1923, §8215; Code 1940, T.
21, §145; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-8-24
Section 26-8-24 Settlement of conservatorship of former conservator and certification of transcript
thereof to probate court of county to which removal authorized. On the filing of such transcript,
the court must require the conservator of its appointment to make a final settlement of his
or her conservatorship; and when such settlement is made, the court must certify a transcript
thereof to the court of probate of the county to which the removal was authorized. (Code 1886,
§2487; Code 1896, §2372; Code 1907, §4462; Code 1923, §8235; Code 1940, T. 21, §107;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-2-2
Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court. The
administration or conduct of any guardianship or conservatorship of a minor or incapacitated
person may be removed from the probate court to the circuit court, at any time before the
final settlement thereof by the guardian or conservator of any such guardianship or conservatorship
or guardian ad litem or next friend of such ward or anyone entitled to support out of the
estate of such ward without assigning any special equity, and an order of removal must be
made by the court or judge upon the filing of a sworn petition by any such guardian or conservator
or guardian ad litem or next friend for the ward or such person entitled to support out of
the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion
of the petitioner such guardianship or conservatorship can be better administered in the circuit
court than in the probate court. (Code 1923, §8102; Acts...
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43-2-510
Section 43-2-510 Credit for expenses of minor distributees. (a) When the estate of a decedent
is solvent, the executor or administrator, out of the assets in his hands, may defray the
necessary and reasonable expenses of maintaining and educating minors who are entitled to
distribution therein, and who have no legal guardian; and, upon any partial or final settlement
by him, the probate court must allow him credit for such expenses. To the extent the expenses
are not within the family allowance, the expenses shall be charged against the shares of such
minors and deducted therefrom on any distribution of the estate. (b) An executor or administrator
defraying such expenses must file with his account for a settlement a separate account of
the amounts paid therefor on account of each of such minors accompanied by proper vouchers,
showing the amounts and for what expended. (Code 1876, §§2644, 2645; Code 1886, §§2159,
2160; Code 1896, §§227, 288; Code 1907, §§2676, 2677; Code 1923,...
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43-2-683
Section 43-2-683 Previous fees considered upon final settlement. In the allowance of fees to
executors or administrators and their attorneys on final settlement, the court shall take
into consideration such fees as may have been allowed and paid to them prior to such final
settlement, but such administrators or executors shall be entitled to full credit for any
fees allowed and paid on any annual or partial settlement after notice given as provided for
in case of final settlements. (Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 61, §380.)...

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19-3-41
Section 19-3-41 When settlements compelled; removal of trustee and appointment of successor.
If the trustee shall fail to make settlement, partial or final, as required in this article
he may be compelled to do so, by citation to be issued by the register or clerk on order of
the court, at the instance of any creditor or party interested in the trust, in all respects
as executors and administrators may be compelled to make settlements in the court of probate;
or, upon motion of a majority in value of the creditors, the court must remove such defaulting
trustee and appoint another in his stead, who may be nominated by the creditors, as provided
by this Code, for the nomination of an administrator of an insolvent estate by the creditors
thereof. (Code 1896, §4173; Code 1907, §6075; Code 1923, §10412; Code 1940, T. 58, §29.)...

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