43-2-45
Section 43-2-45 Letters not granted until five days after intestate's death; examination of
applicants and witnesses. No letters of administration must be granted until the expiration
of five days after the death of the intestate is known; and the court may, in all cases, examine
the persons applying therefor, on oath, touching the time and place of the death of the intestate
and as to whether or not he left any will and other matters necessary to give the court jurisdiction;
and may also examine any other witnesses as to the same facts and may compel their attendance
for that purpose by subpoena and attachment. (Code 1852, §1675; Code 1867, §1993; Code 1876,
§2357; Code 1886, §2019; Code 1896, §61; Code 1907, §2525; Code 1923, §5747; Code 1940,
T. 61, §86.)...
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22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure Interstate
Compact. The Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted
into law and entered into with all other jurisdictions legally joining therein in form substantially
as follows: SECTION 1. PURPOSE In order to protect the public through verification of competency
and ensure accountability for patient care related activities all states license emergency
medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs
and paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel
across state boundaries in the performance of their EMS duties as assigned by an appropriate
authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel
licensed in a member state. This Compact recognizes that states have a vested interest in
protecting the public's health and safety...
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43-2-40
Section 43-2-40 Generally. Courts of probate, within their respective counties, have authority
to grant letters of administration on the estates of persons dying intestate, as follows:
(1) Where the intestate, at the time of his death, was an inhabitant of the county. (2) Where
the intestate, not being an inhabitant of the state, dies in the county, leaving assets therein.
(3) Where the intestate, not being an inhabitant of the state, dies out of the county, leaving
assets therein. (4) Where the intestate, not being an inhabitant of the state, dies, leaving
no assets therein, and assets are afterwards brought into the county. (5) Where the intestate,
being an inhabitant of the state, dies, leaving no assets subject to administration in the
county of his residence, and no administration has been granted in such county within three
months after the death of the intestate, then administration may be granted in any county
where the intestate leaves assets. (Code 1852, §1667; Code 1867,...
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43-2-44
Section 43-2-44 Grant of administration when more than one person entitled thereto; preference
of whole blood over half blood. If several persons of the same degree of kindred to the intestate,
computed by the rules of the civil law, are entitled to the administration, and when several
persons are equally entitled thereto, the court may, in its discretion, grant letters to one
or more of them; except, that the whole blood shall be preferred to the half blood. When a
married woman is entitled to the administration, it may be granted to her husband in her right.
(Code 1852, §§1670-1673; Code 1867, §§1988-1991; Code 1876, §§2352-2355; Code 1886,
§2017; Code 1896, §59; Code 1907, §2523; Code 1923, §5745; Code 1940, T. 61, §84.)...

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43-2-84
Section 43-2-84 Bond of applicant when administration committed to general administrator or
sheriff. (a) When administration is committed to the general administrator or sheriff, on
the application of a third person, such letters must not be granted unless such person enters
into bond, with surety, to be approved by the judge, to pay the fees and allowances made by
the court on such administration, if the property of the estate is insufficient therefor.
(b) If, upon the settlement of an administrator appointed under subsection (a), it appears
that sufficient assets of his intestate have not come to his hands to pay the costs and expenses
legally incurred in his administration, the probate court having jurisdiction of such administration
may enter a judgment and thereon issue execution against the obligors in the bond mentioned
in subsection (a), for any excess due above the assets in the hands of such administrator.
(Code 1852, §1691; Code 1867, §§2011, 2012; Code 1876, §§2373,...
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43-2-29
Section 43-2-29 Grant of letters testamentary after revocation of letters of administration.
(a) If, after letters of administration have been granted as in case of intestacy, any will
is proved and the executor therein named appears, claims letters testamentary and complies
with the requisition of the law, the probate court having jurisdiction must revoke the letters
of administration and grant letters testamentary to such executor. (b) If, in the case provided
for by subsection (a), the sole executor or some of the executors, within five days after
the proof of such will, do not appear and take out letters testamentary thereon, a copy of
the will must be annexed to the letters of administration and must be executed by the administrator.
(Code 1852, §§1722, 1723; Code 1867, §§2045, 2046; Code 1876, §§2414, 2415; Code 1886
§§2066, 2067; Code 1896, §§113, 114; Code 1907, §§2517, 2518; Code 1923, §§5739, 5740;
Code 1940, T. 61, §§78, 79.)...
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26-5-50
Section 26-5-50 Filing of account and vouchers for final settlement with succeeding conservator,
etc., by sureties on bond of conservator. In case of the death of a conservator who has not
made a final settlement of his or her conservatorship and when there shall have not been granted
letters of administration or testamentary on his or her estate, the sureties on his or her
official bond may proceed to make settlement of his or her administration of the estate as
conservator in the probate court having jurisdiction thereof by filing an account and vouchers
for final settlement with the succeeding conservator or cestui que trust or minors and guardian
ad litem where minors are interested. (Code 1923, §5935; Code 1940, T. 21, §155; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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17-16-55
Section 17-16-55 Contest of election of judge of circuit or district court - Testimony; heard
without jury. The testimony on the contest must be taken by deposition as in civil cases at
common law, but no affidavit, other than that of the materiality of the testimony of the witnesses
proposed to be examined, shall be required. Either party may, on giving five days' notice,
require the examination before the commissioner to be oral and that the witnesses be examined
separate and apart from each other. The party against whom the depositions are to be taken
must have at least five days' notice of the time and place of taking such depositions and
of the name and residence of the commissioner or commissioners proposed. The contest must
be heard and determined by the court without the intervention of a jury. (Code 1896, §1694;
Code 1907, §468; Code 1923, §558; Code 1940, T. 17, §244; §17-15-28; amended and renumbered
by Act 2006-570, p. 1331, §83.)...
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43-2-560
Section 43-2-560 Settlement by sureties of deceased executor or administrator - Filing account
and vouchers. In case of the death of an executor or administrator who had not made a final
settlement of his executorship or administration, and where letters of administration or testamentary
have not been granted on his estate, the sureties on his official bond may proceed to make
settlement of his administration of said estate as executor or administrator in the probate
court having jurisdiction thereof by filing an account and vouchers for final settlement with
the heirs and distributees, or with the administrator de bonis non, or cestui que trust, or
minors and guardian ad litem, where minors are interested. (Acts 1915, No. 98, p. 138; Code
1923, §5935; Code 1940, T. 61, §330.)...
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34-3-43
Section 34-3-43 Powers generally. (a) The Board of Commissioners shall have power: (1) To determine,
by rules, the qualifications and requirements for admission to the practice of law; (2) To
conduct through a Board of Examiners the examination of applicants; and such Board of Examiners
shall certify to the Supreme Court the names of the applicants found to be qualified; such
certifications shall entitle such persons to be enrolled in the bar of the state and to practice
law; provided, that the fees required are paid; (3) Subject to the approval of the supreme
court, to formulate rules governing the conduct of all persons admitted to practice and to
investigate, or cause to be investigated, and to pass upon all complaints that may be made
concerning the professional conduct of any person who has been, or may hereafter be, admitted
to the practice of the law; (4) Subject to the approval of the supreme court, to formulate
rules governing the reinstatement of members of the bar who have...
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