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43-2-373
Section 43-2-373 Payment of claims barred by statute of limitations. No claim against the estate
of a decedent whether in favor of the personal representative or any other person, which was
barred by the statute of limitations at the time of the death of such decedent, shall be paid
by or allowed to the personal representative, unless the payment of such claim be expressly
directed by a testator in his will. (Code 1896, §128; Code 1907, §2599; Code 1923, §5824;
Code 1940, T. 61, §220.)...
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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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43-2-502
Section 43-2-502 Filing of account, etc. - Generally. In making settlements of an administration,
the executor or administrator must proceed as follows: He must make out an account between
himself and the estate he represents, charging himself with all the assets of the deceased
which have come into his possession, except the lands, and crediting himself with all the
credits he is by law entitled to; which account, verified by his oath, must be filed with
the judge of probate of the court having jurisdiction. With such account he must also file
written evidence in his possession, on which he relies to sustain the credit side of such
account, which may consist of an affidavit or any other legal evidence, in the discretion
of the executor or administrator. He must, at the same time, file a statement, on oath, of
the names of the heirs and legatees of such estate, specifying particularly which are under
the age of 19 years; and, if any of them are persons of unsound mind, it must be...
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43-2-627
Section 43-2-627 Setting off indebtedness of distributee or legatee. (a) If, on final settlement,
any distributee or legatee owes the estate any debt, contracted with the decedent in his lifetime
or with the executor or administrator in his representative capacity, the court shall allow
the same in favor of the executor or administrator, as a setoff against the distributive share
of such distributee or legatee and shall decree satisfaction of his distributive share to
the extent of such debt or demand; but the distributee or legatee may make any defense to
the setoff that would be available to him in a direct proceeding for the recovery of the debt.
(b) In no case shall a decree be rendered in favor of the executor or administrator against
such distributee or legatee for the excess, when the debt is greater in amount than the distributive
share; nor shall the executor or administrator be prevented from prosecuting a civil action
in the proper court for any excess that may be due him...
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5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are insufficient,
a transfer resulting from a right of survivorship or POD designation under this chapter is
not effective against the estate of a deceased party to the extent needed to pay claims against
the estate and statutory allowances to the surviving spouse and children. (b) A surviving
party or beneficiary who receives payment from an account after death of a party is liable
to account to the personal representative of the decedent for a proportionate share of the
amount received to which the decedent, immediately before death, was beneficially entitled
under Section 5-24-11, to the extent necessary to discharge the claims and allowances described
in subsection (a) remaining unpaid after application of the decedent's estate. A proceeding
to assert the liability may not be commenced unless the personal representative has received
a written demand by the surviving spouse, a creditor, a child, or a...
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6-10-95
Section 6-10-95 Reduced homestead incapable of allotment - Sale - When allowed. The homestead
of a decedent may be sold by order of the court having jurisdiction of the estate, on petition
of executor or administrator, when the same, after being reduced to its lowest area, exceeds
$6,000 in value and when it is necessary that the same be sold for the payment of debts because
the remainder of the estate is insufficient to pay all debts and claims against the estate
and the surviving spouse or minor children fail to pay the deficiency within 30 days after
notice of said petition. (Code 1923, §5850; Code 1940, T. 7, §686; Acts 1951, No. 911, p.
1558, §1.)...
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6-5-90
Section 6-5-90 Right of action against executor or administrator. Any person or his personal
representatives may commence an action against the executor or administrator of any testator
or intestate who in his lifetime has wasted, destroyed, taken, carried away, or converted
to his own use the goods or chattels of any such person or committed any trespass on the real
estate of such person. (Code 1923, §5710; Code 1940, T. 7, §137.)...
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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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32-10-7
Section 32-10-7 Written reports of accidents; release of information. (a) Every law enforcement
officer who in the regular course of duty investigates a motor vehicle accident, either at
the time of and at the scene of the accident or thereafter by interviewing participants or
witnesses, shall, within 24 hours after completing such investigation, forward the necessary
completed written report or copy thereof of such accident to the director on the uniform accident
report form supplied by the director. Local police departments, and their contracted agents,
may retain copies of the written reports. (b) Accident reports prepared pursuant to this section
shall be made available pursuant to Section 32-2-8, to a news-gathering organization solely
for the purpose of publishing or broadcasting the news. The news-gathering organization shall
not use or distribute the report, or knowingly allow its use or distribution, for a commercial
purpose other than the news-gathering organization's...
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34-20-2
Section 34-20-2 License required. No nursing home in the state may operate unless it is under
the supervision of an administrator who holds a currently valid nursing home administrator's
license, or provisional license, issued by the Board of Examiners of Nursing Home Administrators.
No person shall practice or offer to practice nursing home administration in this state or
use any title, sign, card, or device to indicate that he or she is a nursing home administrator
unless such person shall have been duly licensed as a nursing home administrator or as a provisional
nursing home administrator. In the event a nursing home administrator dies, unexpectedly resigns,
becomes incapacitated, or has his or her license revoked, the person or persons then responsible
for the management of the nursing home shall immediately notify the Board of Examiners of
Nursing Home Administrators and the agency issuing the nursing home license and shall be allowed
a reasonable period of time, in accordance...
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