43-2-465
Section 43-2-465 Right of purchaser to cite executor or administrator to report sale. (a) If
the executor or administrator fails, within the time required by law, to report any sale of
lands made by him under the provisions of this article, the purchaser, or his heirs, or any
other person claiming under him directly or derivatively, may, on motion in the probate court,
have citation to issue to such executor or administrator, citing him to appear within 20 days
from the date of the service of the citation, and report the sale; and if such executor or
administrator is then a nonresident of the state, or his place of residence is unknown to
the party asking for the citation, the court, on affidavit being made of either of these facts,
must cause service of such citation to be made by publication, once a week for three successive
weeks, in some newspaper published in the county, or if none is published therein, in the
newspaper published nearest to the courthouse of such county. (b) If...
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43-2-463
Section 43-2-463 Report of payment of purchase money. When lands have been sold on credit,
and when the whole of the purchase money has been paid, the executor or administrator must,
within 30 days after such complete payment has been made, report the fact of such payment
to the court of probate. If he fails to do so within the time specified in this section, such
report may be compelled of him in the manner provided by section 43-2-465. (Code 1896, §178;
Code 1907, §2643; Code 1923, §5873; Code 1940, T. 61, §267.)...
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43-8-51
Section 43-8-51 Controversy as to advancements - Discovery of advancements. Pending administration
of an estate, on the application of the executor or administrator, or someone interested in
the estate, to the probate court where the administration is, alleging on oath that an advancement
has been made by the decedent, and that the value of such advancement is not expressed in
any conveyance or receipt, within the applicant's knowledge, or in any charge made by the
decedent, the judge of probate must issue citation to the distributee or heir alleged to have
received such advancement, requiring him, within a specified time, not less than 30 nor more
than 60 days, to report on oath a list of the property received, the time when and the value
of the same when received, or to deny on oath having received any advancement from the decedent.
If the party alleged to have received the advancement is a nonresident of the state, notice
must be given by publication once a week for three successive...
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43-2-531
Section 43-2-531 Issuance of citation; notice; when court required to examine, audit or restate
account. After stating such account, the court must issue a citation to such executor or administrator
to appear on a day therein named and file his accounts and vouchers for settlement or that
the account so stated will be passed, which must be served on him at least 10 days before
the day named therein; and must also give notice of such settlement by publication, as in
case of settlements voluntarily made by executors and administrators; and, if on the day named
such executor or administrator fails to appear and file his accounts and vouchers for settlement,
as required by law, the court must proceed to examine the account so stated and audit and,
if necessary, restate the same. (Code 1852, §§1818, 1819; Code 1867, §§2154, 2155; Code
1876, §§2525, 2526; Code 1886, §2156; Code 1896, §224; Code 1907, §2687; Code 1923, §5920;
Code 1940, T. 61, §317.)...
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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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43-2-622
Section 43-2-622 Orders of distribution - Oath; return; exceptions to report. (a) The persons
therein named, or a majority of them, must proceed to make distribution according to such
order, having first taken an oath to make such distribution fairly and impartially, if the
same can be made, which oath may be administered by the executor or administrator, and must
return their proceedings in writing, signed by them, to the court by the day specified in
such order. (b) If the property cannot be divided equitably without a sale of all or some
portion thereof, the commissioners must so report. (c) Any person may file exceptions to the
report of the commissioners within 30 days after the day appointed for the return or, if returned
at any time thereafter, within 30 days after the return. (Code 1852, §§1793-1795; Code 1867,
§§2120-2122; Code 1876, §§2497-2499; Code 1886, §§2163-2165; Code 1896, §§231-233;
Code 1907, §§2714-2716; Code 1923, §§5952-5954; Code 1940, T. 61,...
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43-2-391
Section 43-2-391 Notice and hearing. Such application must not be heard until 10 days after
the filing thereof, and notice thereof may be given to some person adversely interested whenever
the court may deem just. When, or at such time as the court may continue the hearing, the
court, satisfied that the claim is bad or doubtful, and that a sale or compromise thereof
will promote the interests of the estate, must make and enter a decree directing the sale
or compromise of the claim, as may be best for the interests of the estate. If a sale is decreed,
it must be made by the executor or administrator at the courthouse of the county, or such
other place as the court may direct, at public outcry to the highest bidder for cash, after
having first given notice of the time and place thereof by publication, once a week for three
successive weeks, in some newspaper published in the county, or if none is published therein,
by posting notices for three weeks at the courthouse door, and three...
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43-2-467
Section 43-2-467 Correction of mistake in description of lands sold. (a) When a mistake has
been made in the description of lands of a decedent sold in good faith under an order of the
probate court, either in the petition, order or other proceedings, the court ordering the
sale has authority, on the written application of the purchaser, or his heirs or personal
representatives, or any person holding under him, verified by affidavit, to correct such mistake.
The application must contain a correct description of the lands sold, and must state the facts,
and the names, ages and places of residence of the personal representatives and heirs or devisees
of such decedent, if known, and if there be no personal representative, that fact must be
stated; and, upon the filing of such application, the court must appoint a day for the hearing,
of which, and of the nature of the application, notice must be given, by personal service,
to the personal representative of such decedent, and such of his...
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35-6-58
Section 35-6-58 Sale instead of partition - Property subject to sale; by whom application made;
where sale held; record of decrees. Any property, real or personal, held by joint owners or
tenants in common, on the written application of any one or more of them, may be decreed to
be sold by the probate court of the county in which such property is situated, or, in case
of land lying in different counties, of either of such counties, whether such lands are adjacent
or contiguous, when the same cannot be equitably divided or partitioned among them, notwithstanding
they, or any of them, are infants or persons of unsound mind, and the application may be made
by the executor or administrator of a deceased person in interest, or by the guardian of a
minor or person of unsound mind. Such lands shall be sold in the county where the decree is
rendered, unless otherwise directed by order of the court, upon rendition of the final decree
ordering such sale. The decree of sale and the decree...
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43-2-413
Section 43-2-413 Notice of sale. When the application is granted for the sale of any personal
property, the executor or administrator must give notice of the day, place and terms of sale,
and a description of the property to be sold, by advertisement for three successive weeks
in some newspaper published in the county where the sale is to take place, or, by posting
notice at the courthouse door and at three other public places in the county. But when the
property is perishable, or the expense of keeping it is very great, the sale may be made after
five days' notice, which may be given by one insertion in a newspaper published in the county
where the sale is to take place, or, if there be no such paper, by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this article, the court may direct the giving of notice by printed handbills, or posters,
to be distributed and posted in the manner best calculated to give extended...
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