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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26-5-12
Section 26-5-12 Final consent settlement between conservator and ward. A conservator appointed by any court of this state for a minor or incapacitated person may, on the arrival of his or her ward at full age or on termination of the ward's incapacity or on removal of his or her ward's disabilities of nonage by a court of competent jurisdiction or, if the ward is married and has attained the age of 18 years, or if the ward has died, present a verified petition to the court in which the conservatorship is pending, praying for a final consent settlement by and between him or her and his or her ward, or the ward's personal representative, if the ward has died. If such consent settlement is agreed to by the ward, or the ward's personal representative, if the ward has died, by a written instrument, signed by him or her and acknowledged as conveyances of real estate are acknowledged, the court may approve such settlement without notice or publication or posting. The agreement of the ward, or...
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26-5-33
Section 26-5-33 Final settlement generally - Authorization and procedure generally for compulsion of settlement by conservator. On the termination of a conservatorship by the arrival of the ward at full age by termination of the ward's incapacity or on the expiration of his or her authority otherwise, the court of probate may issue process requiring the conservator to appear at any time within 10 days after the service thereof, on a day named therein, and file his or her accounts and vouchers for a final settlement. If the conservator resides without the state, the court of probate may appoint a day for him or her to appear and file his or her accounts and vouchers for a final settlement. (Code 1886, §2470; Code 1896, §2355; Code 1907, §4445; Code 1923, §8218; Code 1940, T. 21, §148; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-531
Section 43-2-531 Issuance of citation; notice; when court required to examine, audit or restate account. After stating such account, the court must issue a citation to such executor or administrator to appear on a day therein named and file his accounts and vouchers for settlement or that the account so stated will be passed, which must be served on him at least 10 days before the day named therein; and must also give notice of such settlement by publication, as in case of settlements voluntarily made by executors and administrators; and, if on the day named such executor or administrator fails to appear and file his accounts and vouchers for settlement, as required by law, the court must proceed to examine the account so stated and audit and, if necessary, restate the same. (Code 1852, §§1818, 1819; Code 1867, §§2154, 2155; Code 1876, §§2525, 2526; Code 1886, §2156; Code 1896, §224; Code 1907, §2687; Code 1923, §5920; Code 1940, T. 61, §317.)...
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43-2-530
Section 43-2-530 Authorization to compel settlement. Any executor or administrator may be required by citation to file his accounts and vouchers and to make a settlement, notwithstanding any provision in any will or other instrument to the contrary; and, if after service of the citation, he fails to file his accounts and vouchers for a settlement on the day named in the citation, the probate court or other court having jurisdiction of the said estate may compel him to do so by attachment or may proceed to state the account against him from the materials on file or such other information as may be accessible, charging him with such assets as may have come to his hands. (Code 1852, §1817; Code 1867, §2153; Code 1876, §2524; Code 1886, §2155; Code 1896, §223; Code 1907, §2686; Acts 1919, No. 440, p. 566; Code 1923, §5919; Code 1940, T. 61, §316.)...
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26-5-31
Section 26-5-31 Partial settlement generally - Application of ward, etc., for partial settlement; issuance of process to conservator as to hearing thereupon; dismissal of application. On the application of the ward by next friend or the sureties on the conservator's bond, showing satisfactory cause, the court may issue process to the conservator, requiring him or her to appear and show cause why he or she should not make a partial settlement of his or her conservatorship, of which process there must be service 10 days before the day appointed for the appearance of the conservator. If, on the hearing, it should appear that there is no satisfactory cause for ordering such settlement, the application must be dismissed at the costs of the next friend or the sureties on the conservator's bond, as the case may be. (Code 1886, §2468; Code 1896, §2353; Code 1907, §4443; Code 1923, §8216; Code 1940, T. 21, §146; 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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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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26-5-9
Section 26-5-9 Final settlement generally - Establishment of day for settlement; notice thereof. The court must appoint a day for the settlement, of which 10 days' notice must be given to the succeeding conservator, if there is such conservator, or to the personal representative of the ward, if the ward is dead, or to the ward, if he or she is a resident of the state and has arrived at full age or has been relieved of the disability of nonage or incapacity has terminated, and to all sureties on the bond of such conservator, by the service of process, and notice must also be given, as the court may direct, either by advertisement for three successive weeks in some newspaper published in the county or for the same length of time by posting notice at the courthouse door and at three other public places in the county. (Code 1886, §2461; Code 1896, §2346; Code 1907, §4436; Code 1923, §8209; Acts 1931, No. 704, p. 829; Code 1940, T. 21, §136; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-550
Section 43-2-550 Final settlement required following death, removal or resignation of executor or administrator. When an executor or administrator dies, resigns or is removed, or his letters are revoked, or his authority ceases from any cause, he must within one month after his authority ceases or, in case of his death, his personal representative must or, in case of his removal from the state, his sureties must, within six months after the grant of letters, file his accounts, vouchers and statement of heirs and legatees for and must make final settlement of the administration of, such executor or administrator, of which settlement notice must be given in the same manner; and such settlement must be conducted and governed, except as otherwise provided in this article, by the same rules and provisions of law as other final settlements by executors or administrators. (Code 1852, §1876; Code 1867, §§2165, 2232; Code 1876, §§2537, 2590; Code 1886, §2173; Code 1896, §241; Code 1907,...
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