43-2-443
Section 43-2-443 Authorization to sell - Sale for division. Lands of an estate may be sold
by order of the probate court having jurisdiction of the estate when the same cannot be equitably
divided among the heirs or devisees, when an adult heir or devisee files his written consent
that the land be sold. (Code 1852, §1867; Code 1867, §2221; Code 1876, §2449; Code 1886,
§2105; Code 1896, §157; Code 1907, §2621; Code 1923, §5849; Code 1940, T. 61, §245.)...

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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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6-10-99
Section 6-10-99 Payment by devisees to clear property of homestead right. Where a homestead
right exists in property devised by will, the person or persons to whom said property is devised
may clear the said property of such homestead right by paying to the personal representative,
in lieu of such right, the sum of $6,000. Said sum shall be held and used by such personal
representative in all respects as provided in Section 6-10-96 where land incapable of allotment
is ordered to be sold. Said personal representative shall report the payment of said funds
and how he has disposed of same to the probate court having jurisdiction of said estate, which
report must be filed and recorded. (Code 1923, §7944; Code 1940, T. 7, §689; Acts 1951,
No. 911, p. 1558, §1.)...
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43-2-480
Section 43-2-480 Authorization to sell. Lands of an estate may be ordered sold by the probate
court having jurisdiction of the estate for the payment of pecuniary legacies, when such legacies
are expressly or by necessary implication made a charge on such lands and the will does not
confer upon the personal representative the power or authority to make sale of lands for such
purpose. (Acts 1923, No. 481, p. 632; Code 1923, §5883; Code 1940, T. 61, §277.)...
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43-2-626
Section 43-2-626 Division, sale or assignment of judgments or claims. (a) Any judgments or
claims in favor of the estate, which are not collected at the time of final distribution,
may be divided among the persons entitled, on final distribution; or, if such division cannot
be equitably made, may be sold as other personal property. (b) The executor or administrator
must assign any such judgment or claim to the distributee, legatee or purchaser, as the case
may be; and such person is entitled to collect the same by civil action or otherwise. (Code
1852, §§1799, 1800; Code 1867, §§2126, 2127; Code 1876, §§2503, 2504; Code 1886, §§2169,
2170; Code 1896, §§237, 238; Code 1907, §§2720, 2721; Code 1923, §§5958, 5959; Code
1940, T. 61, §§358, 359.)...
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43-2-444
Section 43-2-444 Application for sale. The application for the sale of lands, either for payment
of debts or for division, must be made by the executor or administrator in writing, verified
by affidavit, to the probate court having jurisdiction of the estate, must describe the lands
accurately, must give the names of the heirs or devisees, and their places of residence and
must also state whether any, and which of such heirs or devisees, are under the age of 19
years or of unsound mind; and such application may be contested by any party interested in
the estate. (Code 1852, §§1759, 1868; Code 1867, §§2085, 2222; Code 1876, §§2450, 2453;
Code 1886, §2106; Code 1896, §158; Code 1907, §2622; Code 1923, §5851; Code 1940, T. 61,
§246.)...
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26-2A-152
Section 26-2A-152 Powers of conservator in administration. (a) Subject to limitation provided
in Section 26-2A-154, a conservator shall have all of the powers conferred in this section
and any additional powers now or hereafter conferred by law on trustees in this state. In
addition, a conservator of the estate of an unmarried minor as to whom no one has parental
rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor
attains the age of 19 years, or the disabilities of nonage have been removed, but the parental
rights so conferred on a conservator do not preclude appointment of a guardian as provided
in Division 1 of this article. (b) A conservator without court authorization or confirmation
may invest and reinvest funds of the estate as would a trustee. (c) A conservator, acting
as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court
authorization or confirmation, to (1) Collect, hold, and retain assets of the...
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35-12-84
Section 35-12-84 Filing of a claim - intestate and small claims. (a) The surviving spouse or,
if none, the surviving child or children or, if none, the surviving parent or parents of an
abandoned property owner who has died intestate may claim the abandoned property under this
section, and will have a defeasible right to the property, if all of the following conditions
exist: (1) The aggregate value of the abandoned property held on behalf of the owner, as established
by rule, must not exceed the amount allowed in Section 43-2-692. (2) The claim need not be
accompanied by an order of a probate court if the claimant files documentation established
in the rules, including, but not limited to, a. a written confirmation by the probate court
that no estate has been opened or filed; b. an affidavit, signed by all beneficiaries, as
applicable, stating that all beneficiaries have amicably agreed among themselves upon a division
of the property; c. supporting documentation showing heir rights;...
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43-2-481
Section 43-2-481 Application for sale. The application for the sale of lands for the payment
of legacies must be made by the executor by petition, verified by affidavit, to the probate
court having jurisdiction of the estate. It must describe the lands accurately and give the
names of the devisees and their places of residence and must state whether any and which such
devisees are under the age of 19 years or of unsound mind, and must also show that the lands
prayed to be sold are charged or chargeable, expressly or by necessary implication, with the
payment of pecuniary legacies, and that no power is given the personal representative to sell
the lands for such purpose. (Acts 1923, No. 481, p. 632; Code 1923, §5884; Code 1940, T.
61, §278.)...
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6-8-20
Section 6-8-20 Payment to consular officer of estate or land sale funds due nonrepresented
foreigners. Whenever upon the settlement of an estate or upon the sale of lands for division
in any court of this state it is shown that any of the heirs, distributees, or other persons
entitled to share in the funds derived therefrom, whether adults or minors, are residents
and subjects of a foreign country and are not represented by counsel of their own employment,
the personal representative, judge of probate, clerk, or register who may have the custody
of said funds shall pay over the shares of such persons to the duly accredited consular officer
of such country within whose jurisdiction the said court is situated and obtain from him full
acquittance therefor. (Acts 1911, No. 523, p. 572; Code 1923, §6657; Code 1940, T. 7, §347.)...

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