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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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete set of records, books, and other information sufficient to allow the department to determine the correct amount of value or correct amount of any tax, license, permit, or fee administered by the department, or other records or information as may be necessary for the proper administration of any matters under the jurisdiction of the department. The books, records, and other information shall be open and available for inspection by the department upon request at a reasonable time and location. (2) The department may examine and audit the records, books, or other relevant information maintained by any taxpayer or other person for the purpose of computing and determining the correct amount of value or correct...
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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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43-2-114
Section 43-2-114 Resignation as defense. No executor or administrator can allege his resignation in defense to any action or proceeding without an averment that he has settled his administration and delivered over the assets of the estate as required by law. (Code 1852, §1920; Code 1867, §2279; Code 1876, §2617; Code 1886, §2270; Code 1896, §339; Code 1907, §2800; Code 1923, §6039; Code 1940, T. 61, §116.)...
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43-2-584
Section 43-2-584 Refunding bond. Such refunding bond must be payable to the executor or administrator with the will annexed and must be in double the amount directed to be paid or in double the value of the property to be delivered, to be ascertained by the appraisement or other evidence satisfactory to the court, with at least two sufficient sureties, conditioned to refund the amount paid or to return the property or pay the value thereof, with interest on such amount or value from the time the same was received, should the assets prove insufficient to discharge the other debts presented and charges and other legacies entitled to priority of payment. (Code 1852, §1776; Code 1867, §2102; Code 1876, §2479; Code 1886, §2196; Code 1896, §264; Code 1907, §2740; Code 1923, §5979; Code 1940, T. 61, §339.)...
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43-2-110
Section 43-2-110 Limits of liability generally. No executor or administrator is liable, except in the case provided by section 43-2-62, beyond the amount of assets which have come to his hands or which have been lost, destroyed, wasted, injured, depreciated or not collected by want of diligence on his part or an abuse of his trust. (Code 1852, §1919; Code 1867, §2278; Code 1876, §2616; Code 1886, §2269; Code 1896, §337; Code 1907, §2798; Code 1923, §6037; Code 1940, T. 61, §114.)...
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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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43-2-550
Section 43-2-550 Final settlement required following death, removal or resignation of executor or administrator. When an executor or administrator dies, resigns or is removed, or his letters are revoked, or his authority ceases from any cause, he must within one month after his authority ceases or, in case of his death, his personal representative must or, in case of his removal from the state, his sureties must, within six months after the grant of letters, file his accounts, vouchers and statement of heirs and legatees for and must make final settlement of the administration of, such executor or administrator, of which settlement notice must be given in the same manner; and such settlement must be conducted and governed, except as otherwise provided in this article, by the same rules and provisions of law as other final settlements by executors or administrators. (Code 1852, §1876; Code 1867, §§2165, 2232; Code 1876, §§2537, 2590; Code 1886, §2173; Code 1896, §241; Code 1907,...
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43-2-562
Section 43-2-562 Settlement by sureties of deceased executor or administrator - Petition for order requiring sureties to make settlement. In any case where an executor or administrator shall die without having made a final settlement of his administration and a successor is appointed, such succeeding executor or administrator or the heirs and distributees, legatees or cestui que trust may, by petition to the court in which such estate is pending, have an order requiring the sureties on such bond to make settlement of such estate in said court after 10 days' notice of the day fixed by the court or judge thereof. (Acts 1915, No. 98, p. 138; Code 1923, §5937; Code 1940, T. 61, §332.)...
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43-2-151
Section 43-2-151 Enforcement of judgments, etc., of probate court against representatives - Liability of sureties. When an execution against an executor or administrator, issued from the probate court on any judgment, order or decree for money is returned to any regular term of such court "no property" by the sheriff of the county, such judgment, order or decree may be enforced against the executor or administrator and his sureties, by execution or by process of garnishment, which may issue in like cases and manner as it may issue on judgment in circuit courts and may, in like manner, be prosecuted to judgment against the garnishee. (Code 1852, §1922; Code 1867, §2281; Code 1876, §2619; Code 1886, §2277; Code 1896, §346; Code 1907, §2813; Code 1923, §6052; Code 1940, T. 61, §129.)...
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