27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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43-2-459
Section 43-2-459 Report and examination of sale - Generally. The executor or administrator
must, within 30 days after such sale, report on oath his proceedings to the court, which report
must show whether or not the executor or administrator has any personal pecuniary interest
in the sale, whether he is, directly or indirectly, a purchaser at such sale; and the court
must examine the same, and may also examine witnesses in relation thereto. (Code 1852, §1765;
Code 1867, §2091; Code 1876, §2463; Code 1886, §2119; Code 1896, §173; Code 1907, §2637;
Code 1923, §5867; Code 1940, T. 61, §261.)...
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43-2-392
Section 43-2-392 Report. The executor or administrator shall make report, in writing and under
oath, of such sale or compromise within 30 days thereafter; and when such report is made,
the sale or compromise may be confirmed, unless good cause is shown for setting the same aside.
(Code 1876, §2506; Code 1886, §2090; Code 1896, §140; Code 1907, §2604; Code 1923, §5829;
Code 1940, T. 61, §225.)...
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43-2-440
Section 43-2-440 Renting of lands. The executor or administrator may rent the decedent's lands
at public outcry, or, when the interest of the estate requires it, privately; and such rent
is assets; but when lands are rented privately, he must report such renting to the probate
court of the proper county within 30 days thereafter. (Code 1852, §1751; Code 1867, §2076;
Code 1876, §2446; Code 1886, §2102; Code 1896, §154; Code 1907, §2618; Code 1923, §5846;
Code 1940, T. 61, §242.)...
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43-2-556
Section 43-2-556 Issuance of citation; notice; when court required to examine, audit or restate
account. After stating such account, the court must issue citation to such executor or administrator
or, if dead, to his personal representative or, in case of his removal from the state, to
his sureties to appear on a day therein named and to file his account and vouchers for settlement,
or that the account so stated will be passed, which must be served on him, or, if dead, on
his personal representative or, in case of his removal from the state, his sureties at least
10 days before the day named therein; and must also give notice of such settlement by publication,
as in case of final settlements voluntarily made by executors or administrators; and if, on
the day named, such executor or administrator or, if dead, his personal representative or,
in case of his removal from the state, his sureties fail to appear and file his accounts and
vouchers for settlement, as required by law, the court...
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43-2-530
Section 43-2-530 Authorization to compel settlement. Any executor or administrator may be required
by citation to file his accounts and vouchers and to make a settlement, notwithstanding any
provision in any will or other instrument to the contrary; and, if after service of the citation,
he fails to file his accounts and vouchers for a settlement on the day named in the citation,
the probate court or other court having jurisdiction of the said estate may compel him to
do so by attachment or may proceed to state the account against him from the materials on
file or such other information as may be accessible, charging him with such assets as may
have come to his hands. (Code 1852, §1817; Code 1867, §2153; Code 1876, §2524; Code 1886,
§2155; Code 1896, §223; Code 1907, §2686; Acts 1919, No. 440, p. 566; Code 1923, §5919;
Code 1940, T. 61, §316.)...
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35-6-81
Section 35-6-81 Report of sale by guardian to court. Within three months after making any such
sale, such guardian shall report the same under oath to the court having jurisdiction of his
administration of the estate of such ward. If the whole of the share of such ward in the proceeds
of such sale shall have been paid when such report is made, such fact shall be stated therein,
and the guardian shall therein apply to the court for authority to make a conveyance of the
interest of said ward in the lands or realty so sold to the purchaser. Such report shall set
forth the name, residence, and age of such ward, and of the person in whose custody he is,
and the name and residence of the adult next of kin of said ward, resident in the state and
not interested in such sale; if there be more than one such next of kin of the same degree,
such report must set forth the names and residences of all of them resident in this state.
(Code 1907, §5254; Code 1923, §9358; Code 1940, T. 47, §220.)...
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43-8-53
Section 43-8-53 Controversy as to advancements - Contest of answer. Upon the rendition of the
report or answer of the distributee or heir alleged to have received an advancement, or of
his legal representatives or heirs, if deceased, if the executor or administrator, or any
of the parties interested in such estate are not satisfied with the report or answer, on the
ground that the same does not set forth all the property received or advanced, or does not
set forth the true value of the property at the time it was received or advanced, or is not
satisfied that the report or answer is true, then, in either case, such party may file objections
thereto, stating the grounds of the objections, and the judge of probate must set a day, at
such time as he may think proper, for hearing and determining, according to the evidence,
as to the amount of property advanced, the time when advanced, and its value when received.
He must give all the parties interested notice of such objections, and of the...
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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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43-2-481
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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