43-2-271
Section 43-2-271 Liability for assets upon resignation. In case of resignation, the executor or administrator and his sureties are bound for all the assets not administered, which have not been delivered over to his successor. (Code 1852, §1719; Code 1867, §2040; Code 1876, §2409; Code 1886, §2061; Code 1896, §108; Code 1907, §2577; Code 1923, §5800; Code 1940, T. 61, §173.)...
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43-2-415
Section 43-2-415 Terms of sale. Such sale may be for cash or on credit not exceeding 12 months, as the court may direct; and if on credit, notes or bonds, with at least two sufficient sureties, must be taken by the executor or administrator. (Code 1852, §§1748, 1752; Code 1867, §§2072, 2077; Code 1876, §§2438, 2444; Code 1886, §2097; Code 1896, §147; Code 1907, §2611; Code 1923, §5838; Code 1940, T. 61, §233.)...
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43-2-503
Section 43-2-503 Filing of account, etc. - Liability for failure to file statement. If such statement is not filed, the executor or administrator and his sureties are liable for all damages arising therefrom. (Code 1852, §1804; Code 1867, §2139; Code 1876, §2511; Code 1886; §2136; Code 1896, §204; Code 1907, §2669; Code 1923, §5902; Code 1940, T. 61, §296.)...
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43-2-558
Section 43-2-558 Setting aside decree. If, however, such executor or administrator or, if dead, his personal representative or, in event of his removal from the state, his sureties appear and file his accounts and vouchers for settlement and pay such costs as have accrued upon the proceedings had under sections 43-2-555 through 43-2-557, the court may set aside such decree and proceed as if none had been rendered. (Code 1886, §2181; Code 1896, §249; Code 1907, §2700; Acts 1923, No. 492, p. 655; Code 1923, §5933; Code 1940, T. 61, §328.)...
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43-2-701
Section 43-2-701 Report of insolvency - Generally. Whenever the executor or administrator of any estate is satisfied that the property of the estate is insufficient to pay its debts, he must file with the judge of probate of the court having jurisdiction of the estate a report in writing that such estate is, to the best of his knowledge and belief, insolvent. (Code 1852, §1829; Code 1867, §2178; Code 1876, §2550; Code 1886, §2223; Code 1896, §291; Code 1907, §2756; Code 1923, §5995; Code 1940, T. 61, §382.)...
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43-2-553
Section 43-2-553 Decree for balance - Decree in favor of outgoing executor or administrator; insolvent estates. If, on such settlement, a balance is ascertained to be due from the estate of such decedent to the deceased or outgoing executor or administrator, the probate court may, if six months have elapsed from the grant of original letters, render a decree in favor of the outgoing executor or administrator or, if dead, of his personal representative, against the remaining or succeeding executor or administrator for such balance; and if the estate is solvent, payment thereof may be enforced by execution against him, to be levied on any effects of such estate in his hands unadministered; but if the estate is insolvent, such decree is to be paid as other claims against insolvent estates; and if such balance or any part thereof is for expenses of administration necessarily incurred, such balance, or such part thereof as may be for such expenses, shall be a preferred claim against such...
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43-2-555
Section 43-2-555 Stating account or compelling settlement by attachment. If such outgoing executor or administrator or, if dead, his personal representative or, in case of his removal from the state, his sureties fail to make settlement within the time required by this division, the court may, of its own motion or on the application of any party in interest, compel him or his sureties to do so by attachment, or may state the account against him or his sureties from the materials on file or such other information as may be accessible to the court, charging him or his personal representative or his sureties with such assets as may have come into the hands of such executor or administrator. (Code 1852, §1881; Code 1867, §2234; Code 1876, §2592; Code 1886, §2178; Code 1896, §246; Code 1907, §2697; Acts 1923, No. 492, p. 655; Code 1923, §5930; Code 1940, T. 61, §325.)...
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43-2-582
Section 43-2-582 Time for hearing; notice to executor or administrator. The court must appoint a day for hearing such application, and a citation must be issued and served on the executor or administrator notifying him of the grounds of such application and of the day appointed for hearing the same, 10 days before such day. (Code 1852, §1774; Code 1867, §2100; Code 1876, §2477; Code 1886, §2194; Code 1896, §262; Code 1907, §2738; Code 1923, §5977; Code 1940, T. 61, §337.)...
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43-2-628
Section 43-2-628 Discharge of executor or administrator from liability. When the estate has been fully administered and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he has paid all sums of money due from him and delivered up, under the order of the court, all the property of the estate to the parties entitled and performed all the acts lawfully required of him, the court must make a judgment or decree discharging him from all liability as such executor or administrator. (Code 1923, §5962; Code 1940, T. 61, §362.)...
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43-2-640
Section 43-2-640 Authorization to make distribution - Distribution by executor or administrator. When the executor or administrator is satisfied that the estate is solvent, he may, after six months from the date of the grant of letters testamentary or of administration, make distribution of the whole or any part of the property without obtaining an order of court, or he may so report it and obtain an order of distribution as to the whole, or any part of the property; but, in such case, if the distribution or the order is made before a final settlement of such estate, neither the distribution, the order, nor the proceedings thereon are a defense in any action brought against such executor or administrator as such. (Code 1852, §1771; Code 1867, §2097; Code 1876, §2474; Code 1886, §2191; Code 1896, §259; Code 1907, §2724; Code 1923, §5963; Code 1940, T. 61, §365; Acts 1949, No. 614, p. 945.)...
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