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43-2-137
Section 43-2-137 Action on bond. Civil actions may be brought or proceedings had on any bond
given by an executor or administrator, as such, in the name of the party aggrieved until the
whole penalty is exhausted. (Code 1852, §1713; Code 1867, §2034; Code 1876, §2403; Code
1886, §2272; Code 1896, §341; Code 1907, §2809; Code 1923, §6048; Code 1940, T. 61, §125.)...
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43-2-211
Section 43-2-211 Right to maintain actions and recover or receive property in state. Any executor
or administrator who has obtained letters testamentary or of administration on the estate
of a person who was not, at the time of his death, an inhabitant of this state, in any other
of the United States, and who has not obtained letters of administration thereon in this state,
as authorized by article 8 of chapter 2 of this title, may maintain civil actions and recover
or receive property in this state: (1) By recording, at any time before judgment or the receipt
of the property, a copy of his letters, duly authenticated according to the laws of the United
States, in the office of the judge of probate of the county in which such civil action is
brought or property received; or (2) By giving bond, with at least two good and sufficient
sureties, payable to and approved by such judge of probate, in such amount as he may prescribe,
to be determined with reference to the value of the property...
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43-2-418
Section 43-2-418 Completion, gathering and sale of crops commenced by decedent. Any crop commenced
by a decedent may be completed and gathered by the executor or administrator, and, the expenses
of the plantation being deducted therefrom, is assets in his hands, and may be sold by him
at private sale, either in or out of the state. (Code 1852, §§1750, 1901; Code 1867, §§2073,
2261, 2262; Code 1876, §§2439, 2440, 2441; Code 1886, §2098; Code 1896, §150; Code 1907,
§2614; Code 1923, §5841; Code 1940, T. 61, §236.)...
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19-5-1
Section 19-5-1 Definitions. For purposes of this chapter unless the context otherwise requires,
the following terms mean: (1) FIDUCIARY. Includes a personal representative or trustee. (2)
PERSONAL REPRESENTATIVE. An executor, administrator, special administrator, or a person who
performs substantially the same function under the law governing the person's status, and
a successor to any of the above. (3) TRUST. Any express trust, with additions thereto, wherever
and however created, or any separate share of a trust, and includes any arrangement, other
than an estate, which, although not a trust, has substantially the same effect as a trust.
(4) TRUSTEE. An original, additional, or successor trustee, whether or not appointed or confirmed
by a court, and, in the case of an arrangement which is not a trust but which is treated as
a trust for purposes of the GST, includes the person in actual or constructive possession
of the property subject to such arrangement. (5) INTERNAL REVENUE CODE....
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43-2-171
Section 43-2-171 Time delay for committing administration of estate. The administration of
an estate must not be committed to the general administrator or to the sheriff, except as
special administrator, until the death of the decedent has been known 40 days, nor until one
month after the death, resignation or removal of an executor or administrator previously appointed.
(Code 1852, §1682; Code 1867, §2002; Code 1876, §2364; Code 1886, §2030; Code 1896, §73;
Code 1907, §2539; Code 1923, §5761; Code 1940, T. 61, §138.)...
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12-11-41.1
Section 12-11-41.1 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration of any estate
may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at
any time before a proceeding for final settlement thereof is commenced in probate court by
any heir, devisee, legatee, distributee, executor, administrator, or administrator with the
will annexed of the estate, without assigning any special equity. The circuit court shall
remand the administration of an estate transferred pursuant to this section to the probate
court if the circuit court finds that the removal was sought for the purpose of improper delay
or did not comply with applicable law. The circuit court may remand the administration of
an estate pursuant to this section to the probate court if the circuit court finds that any
of the following apply: (1) The circuit court has issued a final order or...
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43-2-151
Section 43-2-151 Enforcement of judgments, etc., of probate court against representatives -
Liability of sureties. When an execution against an executor or administrator, issued from
the probate court on any judgment, order or decree for money is returned to any regular term
of such court "no property" by the sheriff of the county, such judgment, order or
decree may be enforced against the executor or administrator and his sureties, by execution
or by process of garnishment, which may issue in like cases and manner as it may issue on
judgment in circuit courts and may, in like manner, be prosecuted to judgment against the
garnishee. (Code 1852, §1922; Code 1867, §2281; Code 1876, §2619; Code 1886, §2277; Code
1896, §346; Code 1907, §2813; Code 1923, §6052; Code 1940, T. 61, §129.)...
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43-2-559
Section 43-2-559 Other actions not barred. The proceedings for the settlement of the accounts
of deceased or outgoing executors or administrators provided for in this division do not prevent
any action by the remaining or succeeding executor or administrator, or by any other person
entitled thereto, against such executor or administrator or his personal representative for
any property remaining in his hands or for any other cause of action. (Code 1852, §1882;
Code 1867, §2238; Code 1876, §2596; Code 1886, §2182; Code 1896, §250; Code 1907, §2701;
Code 1923, §5934; Code 1940, T. 61, §329.)...
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12-11-41
Section 12-11-41 Removal of administration of estates from probate court. The administration
of any estate may be removed from the probate court to the circuit court at any time before
a final settlement thereof, by any heir, devisee, legatee, distributee, executor, administrator
or administrator with the will annexed of any such estate, without assigning any special equity;
and an order of removal must be made by the court, upon the filing of a sworn petition by
any such heir, devisee, legatee, distributee, executor, administrator or administrator with
the will annexed of any such estate, reciting that the petitioner is such heir, devisee, legatee,
distributee, executor, administrator or administrator with the will annexed and that, in the
opinion of the petitioner, such estate can be better administered in the circuit court than
in the probate court. (Acts 1915, No. 680, p. 738; Code 1923, §6478; Code 1940, T. 13, §139.)...
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43-2-250
Section 43-2-250 Appointment. When, in any proceeding in any court, the estate of a deceased
person must be represented, and there is no executor or administrator of such estate, or he
is interested adversely thereto, it shall be the duty of the court to appoint an administrator
ad litem of such estate for the particular proceeding, without bond, whenever the facts rendering
such appointment necessary shall appear in the record of such case or shall be made known
to the court by the affidavit of any person interested therein. (Code 1876, §2625; Code 1886,
§2283; Code 1896, §352; Code 1907, §2818; Code 1923, §6057; Code 1940, T. 61, §165.)...
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