43-2-629
Section 43-2-629 Disposition of personal estate of foreign decedent. (a) When administration
is taken out in this state on the estate of any person who, at the time of his death, was
an inhabitant of any other state or country, his personal estate, after the payment of debts
and charges on his estate, must be disposed of according to his last will, if probated in
this state and, if no such will is probated in this state, according to the law of the state
or country of which he was an inhabitant. (b) Upon the settlement of such estate and after
the payment of all debts for which the same is liable in this state, the residue of the personal
estate may be distributed and disposed of according to the provisions of subsection (a); or
it may be transmitted or paid over to the executor or administrator of the state or country
where the deceased had his domicile. (Code 1852, §§1826, 1827; Code 1867, §§2163, 2164;
Code 1876, §§2535, 2536; Code 1886, §§2153, 2154; Code 1896, §§221,...
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43-2-641
Section 43-2-641 Authorization to make distribution - Distribution by court after six months
from grant of letters. (a) The court may also, in case of intestacy, make an order of distribution
out of the assets of the decedent, on the application of any person entitled to distribution,
after six months from the grant of letters. (b) The order of the court, made after six months
from the grant of letters on the application of any legatee or person entitled to distribution,
is a protection to the executor or administrator, to the extent of the amount or value of
the legacy or share ordered to be paid or distributed. (Code 1852, §§1778, 1789; Code 1867,
§§2105, 2116; Code 1876, §§2482, 2493; Code 1886, §§2199, 2209; Code 1896, §§267,
277; Code 1907, §§2725, 2735; Code 1923, §§5964, 5974; Acts 1931, No. 727, p. 841; Code
1940, T. 61, §§366, 376.)...
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43-2-813
Section 43-2-813 Effect of order or decree of insolvency certified to other courts after judgment
or decree therein rendered. After judgment or decree has been rendered in any court against
an executor or administrator for any debt, damages or costs, if the estate is subsequently
declared insolvent, such personal representative may file a certified copy of the decree or
order of the probate court declaring such estate insolvent with the clerk or register of the
court in which such judgment or decree was rendered against the personal representative; whereupon,
it shall be the duty of such clerk or register to certify back to the probate court a copy
of such judgment or decree for payment in the probate court as other claims against insolvent
estates, after which no execution shall issue or be further enforced against such executor
or administrator or sureties personally by the court rendering such judgment or decree. (Code
1907, §2796; Code 1923, §6035; Code 1940, T. 61, §422.)...
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43-2-86
Section 43-2-86 Additional bond of general administrator. An additional bond may also be required
of the general administrator, whenever the judge of probate deems it necessary to secure the
interests of the estate confided to his charge or the sureties may be unwilling to remain
longer bound; and, if he fails to give such bond within the time prescribed by the court,
he must be removed and his letters revoked; and when any person interested in an estate committed
to the general administrator shall give notice in writing to the judge of probate that the
interest of the estate requires that the general administrator should give an additional bond,
such judge must require him to give such bond; and if, in such case, the judge of probate
fails or omits to require such bond and loss thereby results to anyone interested, he and
the sureties on his official bond shall be responsible therefor. (Code 1852, §1711; Code
1867, §2032; Code 1876, §2401; Code 1886, §2055; Code 1896, §102; Code...
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26-5-50
Section 26-5-50 Filing of account and vouchers for final settlement with succeeding conservator,
etc., by sureties on bond of conservator. In case of the death of a conservator who has not
made a final settlement of his or her conservatorship and when there shall have not been granted
letters of administration or testamentary on his or her estate, the sureties on his or her
official bond may proceed to make settlement of his or her administration of the estate as
conservator in the probate court having jurisdiction thereof by filing an account and vouchers
for final settlement with the succeeding conservator or cestui que trust or minors and guardian
ad litem where minors are interested. (Code 1923, §5935; Code 1940, T. 21, §155; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents
- When removal of person and estate of minor or ward permitted. The guardian may remove the
person or the conservator may remove the estate of a minor or ward to another state by making
a full settlement with the judge of the probate court where his or her letters were granted
of his or her conservator accounts and by procuring a transcript of the record of a court
of competent jurisdiction of such other state, certified according to the act of Congress,
showing the appointment of such person as guardian or conservator of the minor or ward, the
execution of bond by the conservator with surety for the performance of the trust. Thereupon,
the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code
1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469;
Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
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43-2-113
Section 43-2-113 Executor de son tort. No person is liable to an action, as executor of his
own wrong, for having taken, received or interfered with the property of a deceased person
but is liable to the executor or administrator for the value of all the property so taken
or received and for all damages caused by his act to the estate of the deceased; but the provisions
of this section must not be construed so as to prevent any creditor from maintaining a civil
action against anyone in possession of property fraudulently transferred by such deceased
person. (Code 1852, §1933; Code 1867, §2292; Code 1876, §2636; Code 1886, §2271; Code
1896, §340; Code 1907, §2801; Code 1923, §6040; Code 1940, T. 61, §117.)...
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43-2-235
Section 43-2-235 Revocation of letters upon proof that supposed decedent is alive - Distribution
of assets. The probate court may revoke the said letters at any time on due and satisfactory
proof that the supposed decedent is in fact alive, after which revocation all the powers of
the administrator shall cease, but all receipts, disbursements of assets and other acts previously
done by him shall remain as valid as if the said letters were unrevoked. The administrator
shall settle an account of his administration, down to the time of such revocation, and shall
transfer all assets remaining in his hands to the person as whose administrator he had acted
or to his duly authorized agent or attorney. Nothing in this article shall validate the title
of any person to any property or money received as widow, next of kin or heir of such supposed
decedent, but the same may be recovered from such person, provided such supposed decedent
shall make due and sufficient legal proof to the court having...
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43-2-333
Section 43-2-333 Payment of profits to share owners. The executor or administrator must pay,
at the end of each year, to the owner or owners of such share or shares a proportionate share
of the profits arising from such estate, and is entitled to a credit for same; but if it shall
appear, on a settlement of his accounts, that he has not paid the same, a decree therefor
in favor of the owner or owners must be rendered by the probate court. (Code 1867, §2265;
Code 1876, §2605; Code 1886, §2213; Code 1896, §281; Code 1907, §2746; Code 1923, §5985;
Code 1940, T. 61, §201.)...
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43-2-42
Section 43-2-42 Order of grant of administration. (a) Administration of an intestate's estate
must be granted to one of the persons herein named if the person is willing to accept and
satisfactory to serve in the following order: (1) The husband or widow. (2) The next of kin
entitled to share in the distribution of the estate. (3) The largest creditor of the estate
residing in this state. (4) Any other person as the judge of probate may appoint. (b) Notwithstanding
the provisions of subsection (a) of this section, in all counties having a population of 400,000
or more, according to the last or any subsequent federal census, or in any county having an
elected general or county administrator, administration of an intestate's estate must be granted
to some one of the persons hereinafter named, if willing to accept and satisfactory to serve,
in the following order: (1) The husband or widow. (2) The next of kin entitled to share in
the distribution of the estate. (3) The largest creditor of...
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