43-2-24
Section 43-2-24 Supplemental letters for minors and married women upon removal of disability.
If the disability of a person under age or of a married woman named as executor in any will
is removed before the administration of such will is completed, such person is entitled to
supplementary letters testamentary, to be issued in the same manner as original letters, and
shall thereupon be authorized to join in the execution of such will with the persons previously
appointed. (Code 1852, §1661; Code 1867, §1979; Code 1876, §2343; Code 1886, §2008; Code
1896, §50; Code 1907, §2512; Code 1923, §5734; Code 1940, T. 61, §73.)...
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12-13-1
Section 12-13-1 Jurisdiction generally; validity and presumptions to be accorded to judgments,
orders, etc., of probate courts. (a) The probate court shall have original and general jurisdiction
as to all matters mentioned in this section and shall have original and general jurisdiction
as to all other matters which may be conferred upon them by statute, unless the statute so
conferring jurisdiction expressly makes the jurisdiction special or limited. (b) The probate
court shall have original and general jurisdiction over the following matters: (1) The probate
of wills. (2) The granting of letters testamentary and of administration and the repeal or
revocation of the same. (3) All controversies in relation to the right of executorship or
of administration. (4) The settlement of accounts of executors and administrators. (5) The
sale and disposition of the real and personal property belonging to and the distribution of
intestate's estates. (6) The appointment and removal of guardians for...
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27-44-3
Section 27-44-3 Scope of chapter. (a) This chapter shall provide coverage for the policies
and contracts specified in subsection (b) as follows: (1) To persons who, regardless of where
they reside (except for non-resident certificate holders under group policies or contracts),
are the beneficiaries, assignees, or payees of the persons covered under subdivision (2).
(2) To persons who are owners of or certificate holders under the policies or contracts, other
than structured settlement annuities, and in each case who are either of the following: a.
Residents b. Not residents, but only under all of the following conditions: 1. The insurer
that issued the policies or contracts is domiciled in this state. 2. The states in which the
persons reside have associations similar to the association created by this chapter. 3. The
persons are not eligible for coverage by an association in any other state due to the fact
the insurer was not licensed in the state at the time specified in the state's...
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6-2-14
Section 6-2-14 Computation of time - Granting of letters testamentary or administration. The
time between the death of a person and the grant of letters testamentary or of administration,
not exceeding six months, is not to be taken as any part of the time limited for the commencement
of actions by or against his executors or administrators. (Code 1852, §2494; Code 1867, §2918;
Code 1876, §3244; Code 1886, §2632; Code 1896, §2815; Code 1907, §4854; Code 1923, §8968;
Code 1940, T. 7, §53.)...
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43-2-48
Section 43-2-48 Conclusiveness of letters. Letters testamentary or of administration and letters
to a special administrator or to any general administrator, sheriff or coroner, granted by
any court having jurisdiction, are conclusive evidence of the authority of the person to whom
the same are granted, from the date thereof until the same are revoked; and, when granted,
such letters exclude the probate court of every other county from the jurisdiction thereof
and extend to all the property of the deceased in the state. (Code 1852, §1693; Code 1867,
§2014; Code 1876, §2376; Code 1886, §2034; Code 1896, §77; Code 1907, §2530; Code 1923,
§5752; Code 1940, T. 61, §87.)...
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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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43-2-351
Section 43-2-351 Time and manner of filing claims - Exception as to minors or persons of unsound
mind. The provisions of subsection (b) of section 43-2-350 do not apply to minors or persons
of unsound mind who have no legal guardian at the time of the grant of letters testamentary
or of administration; but such minors and persons of unsound mind are allowed six months after
the appointment of a guardian, or, if none be appointed, six months after the removal of their
respective disabilities, in which to present their claims. (Code 1852, §1884; Code 1867,
§2240; Code 1876, §2598; Code 1886, §2082; Code 1896, §131; Code 1907, §2591; Code 1923,
§5816; Code 1940, T. 61, §212.)...
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43-6-5
Section 43-6-5 Disposition of real estate when no heir appears. If, after two years from the
publication of such notice, no heir or person entitled to receive such estate appears, the
real estate must be sold by such personal representative, under the direction of the judge
of probate of the county in which letters testamentary or of administration were granted and
upon such notice as real estate is sold by executors and administrators; and the proceeds
thereof must, after deducting all expenses and allowances, be paid to such judge. (Code 1852,
§2068; Code 1867, §2460; Code 1876, §2855; Code 1886, §1940; Code 1896, §1756; Code 1907,
§3922; Code 1923, §7618; Code 1940, T. 16, §29.)...
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43-6-2
Section 43-6-2 Notice by representative. The personal representative of any person leaving
property not devised or bequeathed, or where the devisees or legatees are incapable of taking
and such representative is unable to ascertain any lawful heirs or distributees or persons
capable of taking within six months after the grant of letters testamentary or of administration,
must give notice thereof in some newspaper published in the state once a week for three successive
weeks; but it shall not be necessary for any personal representative to institute escheat
proceedings under this chapter until the debts of the decedent have been paid. (Code 1852,
§2065; Code 1867, §2457; Code 1876, §2852; Code 1886, §1937; Code 1896, §1753; Code 1907,
§3919; Code 1923, §7615; Code 1940, T. 16, §26.)...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
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