35-10-25
Section 35-10-25 Executors and administrators authorized to execute releases, etc. Any executor
of a will or administrator of an estate duly appointed by the proper court shall have authority
to execute releases and discharges and may enter satisfaction on the margin of the record
of any mortgage, lien, or other encumbrance in favor of a decedent when payment of such mortgage,
lien, or encumbrance was made to said decedent in his lifetime. (Code 1923, §9025; Code 1940,
T. 47, §180.)...
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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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10A-20-1.06
Section 10A-20-1.06 Appointment of administrator to act while bishopric vacant. A bishop who
has become a corporation sole pursuant to this chapter shall be authorized to appoint an administrator
to act for the corporation during the time as the bishopric shall for any reason be vacant.
In the event a vacancy should occur in the bishopric and no administrator shall have been
appointed, then the ecclesiastical authority to whom the bishop is spiritually subject shall
have authority to appoint the administrator. An appointment of an administrator shall be in
writing, signed by the maker, attested by at least two witnesses and acknowledged or proved,
as provided for conveyances of land in this state. Upon the occurrence of a vacancy, the administrator
may file in the office of the Secretary of State an application for certificate of administratorship,
setting forth the vacancy and the administrator's appointment, which application shall be
subscribed, sworn to, and certified like the...
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18-2-9
Section 18-2-9 Summons to landowners to appear and show cause against grant of application.
On the return of the inquest, summons must issue from the court of probate to the owner of
the acre of land, if the same is assessed by the jury, and also the several owners of the
land found by the inquest to be liable to damage, to appear before him on a day named in the
summons, and show cause, if any they have, why the applicant should not have permission to
erect his dam. (Code 1852, §2101; Code 1867, §2493; Code 1876, §3567; Code 1886, §3193;
Code 1896, §1736; Code 1907, §3897; Code 1923, §7516; Code 1940, T. 19, §42.)...
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26-2B-206
Section 26-2B-206 Appropriate forum. (a) A court of this state having jurisdiction under Section
26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction
if it determines at any time that a court of another state is a more appropriate forum. (b)
If a court of this state declines to exercise its jurisdiction under subsection (a), it shall
either dismiss or stay the proceeding. The court may impose any condition the court considers
just and proper, including the condition that a petition for the appointment of a guardian
or issuance of a protective order be filed promptly in another state. (c) In determining whether
it is an appropriate forum, the court shall consider all relevant factors, including: (1)
any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of
the respondent has occurred or is likely to occur and which state could best protect the respondent
from the abuse, neglect, or exploitation; (3) the...
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43-2-154
Section 43-2-154 Purchase of property sold under execution. The executor or administrator of
any decedent may purchase for the estate property sold under any judgment of the circuit court
or under any execution in his favor as such executor or administrator. (Code 1886, §2281;
Code 1896, §350; Code 1907, §2817; Code 1923, §6056; Code 1940, T. 61, §133.)...
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43-2-174
Section 43-2-174 Resignation and removal - Appointment of successor. Upon the resignation or
removal of a general administrator from office, the judge of the probate court of the proper
county must proceed to appoint some other suitable person general administrator for such county,
who shall give bond as required by law, and administer on such estates as may be committed
to his charge by the probate court of his county. (Code 1867, §2042; Code 1876, §2411; Code
1886, §2063; Code 1896, §110; Code 1907, §2532; Code 1923, §5754; Code 1940, T. 61, §139.)...

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43-2-468
Section 43-2-468 Sale or division of land received on compromise. Real estate received by an
executor or administrator in payment of any bad or doubtful claim, on a compromise of such
claim made under an order of the probate court, may be distributed by the court having jurisdiction
of the estate, by sale or division, upon the same proceedings as are had for the sale or division
of real estate of decedents; but such real estate, or the proceeds thereof, if sold, must
otherwise be treated and distributed as personal property. (Code 1867, §2132; Code 1876,
§2507; Code 1886, §2132; Code 1896, §187; Code 1907, §2652; Code 1923, §5882; Code 1940,
T. 61, §276.)...
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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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43-2-627
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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