43-2-338
Section 43-2-338 Annual settlements. (a) The executor or administrator must make annual settlements
of such estates, as required in other cases, and in such settlements he must show how such
estate has been managed, crops made, expenses incurred and the disposition of all moneys received;
and he must also show the amounts appropriated and expended for each and every person entitled
to any distribution from such estate. (b) The accounts and vouchers, evidence and statement
of the heirs and legatees must be filed, notice given and contest made, in the same manner
as on annual settlements in other cases. (c) Such settlement may be compelled by attachment,
or the probate court may proceed in the same manner as in other cases, when an executor or
administrator, being cited to make a settlement, fails to do so. (Code 1852, §§1905-1908;
Code 1867, §§2269-2272; Code 1876, §§2609-2612; Code 1886, §§2218-2220; Code 1896, §§286-288;
Code 1907, §§2751-2753; Code 1923, §§5990-5992;...
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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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43-2-254
Section 43-2-254 Enforcement of decree or judgment when administrator adversely interested.
When such administrator ad litem is appointed on account of the adverse interest of the executor
or administrator, and the decree or judgment is rendered against such executor or administrator,
no execution, writ of possession or other writ for the enforcement of the decree or judgment
shall issue thereon, but in such decree or judgment the court shall require the executor or
administrator to charge himself, as executor or administrator of the estate represented by
the administrator ad litem, with the money or property recovered of him by the administrator
ad litem; but when the decree or judgment is not against the executor or administrator, execution,
writ of possession, or other writ for the enforcement of the judgment or decree, shall issue
thereon in favor of such executor or administrator. (Code 1876, §2628; Code 1886, §2287;
Code 1896, §356; Code 1907, §2822; Code 1923, §6061; Code...
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43-2-212
Section 43-2-212 Action not affected by grant of letters of administration in state; right
of intervention. No civil action brought by any foreign executor or administrator, under the
provisions of section 43-2-211, must be abated, barred or affected by the grant of letters
of administration in this state, either prior or subsequent to the institution of such action;
but, in such case, the administrator appointed in this state may, if necessary for the protection
of creditors, distributees, or legatees, resident in this state, intervene in such action
and shall be entitled to the recovery therein. (Code 1867, §2293; Code 1876, §2637; Code
1886, §2291; Code 1896, §360; Code 1907, §2826; Code 1923, §6065; Code 1940, T. 61, §152.)...

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43-2-393
Section 43-2-393 When executor or administrator may give note, etc., to extend or settle debt.
Any executor or administrator, by authority of the probate court given on his written application,
may, in his representative capacity, give his note, bond or bill for the purpose of extending
or settling a debt of the decedent, or settling a debt contracted by such representative for
articles, or for work and labor for the estate; and for such note, bond or bill the estate
is liable, and the executor or administrator is not personally liable. But the heirs, devisees,
distributees or legatees must have 10 days' notice of such application. (Code 1867, §2066;
Code 1876, §2432; Code 1886, §2091; Code 1896, §141; Code 1907, §2605; Code 1923, §5830;
Code 1940, T. 61, §226.)...
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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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43-2-551
Section 43-2-551 Making succeeding executor or administrator party to settlement. The remaining
or succeeding executor or administrator of the estate of the decedent, if there be one, must
be made a party to such settlement and, if a resident of this state, must have personal notice
of the time of making the same served on him at least 10 days before the day appointed therefor.
(Code 1867, §2166; Code 1876, §2538; Code 1886, §2174; Code 1896, §242; Code 1907, §2693;
Code 1923, §5926; Code 1940, T. 61, §321.)...
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43-2-333
Section 43-2-333 Payment of profits to share owners. The executor or administrator must pay,
at the end of each year, to the owner or owners of such share or shares a proportionate share
of the profits arising from such estate, and is entitled to a credit for same; but if it shall
appear, on a settlement of his accounts, that he has not paid the same, a decree therefor
in favor of the owner or owners must be rendered by the probate court. (Code 1867, §2265;
Code 1876, §2605; Code 1886, §2213; Code 1896, §281; Code 1907, §2746; Code 1923, §5985;
Code 1940, T. 61, §201.)...
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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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43-2-22
Section 43-2-22 Disqualification of certain persons to serve as executor or administrator.
(a) No person must be deemed a fit person to serve as executor who is under the age of 19
years, or who has been convicted of an infamous crime, or who, from intemperance, improvidence
or want of understanding, is incompetent to discharge the duties of the trust. Nor shall any
nonresident of the state be appointed as administrator unless he is at the time executor or
administrator of the same estate in some other state or territory or jurisdiction, duly qualified
under the laws of that jurisdiction. (b) If the person named in the will as sole executor
is or if all the persons named therein as executors are, from any of the causes enumerated
in subsection (a), unfit to serve as executor or executors, letters of administration, with
the will annexed, may be granted on the testator's estate, under the provisions of section
43-2-27. (Code 1852, §§1658, 1659; Code 1867, §§1976, 1977; Code 1876,...
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