43-2-844
Section 43-2-844 Transactions authorized for personal representatives; prior court approval.
Unless expressly authorized by the will, a personal representative, only after prior
approval of court, may: (1) Acquire or dispose of an asset, including land in this or another
state, for cash or on credit, at public or private sale; and manage, develop, improve, exchange,
partition, change the character of, or abandon an estate asset. (2) Make ordinary or extraordinary
repairs or alterations in buildings or other structures, demolish any improvements, or raze
existing or erect new party walls or buildings. (3) Subdivide, develop, or dedicate land to
public use; make or obtain the vacation of plats and adjust boundaries; adjust differences
in valuation on exchange or partition by giving or receiving considerations; or dedicate easements
to public use without consideration. (4) Enter for any purpose into a lease as lessor or lessee,
with or without option to purchase or renew, for a term of...
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43-2-850
Section 43-2-850 Proceedings for review of employment of agents and compensation of personal
representatives and employees of estate. On petition or appropriate motion of an interested
person, and after notice to all interested persons, the propriety of employment of any person
by a personal representative including any attorney, auditor (who may include certified
public accountants, public accountants, or internal auditors), investment advisor, or other
specialized agent or assistant, the reasonableness of the compensation of any person so employed,
or the reasonableness of the compensation determined by the personal representative
for the personal representative's own services, may be reviewed by the court. Any person
who has received excessive compensation from an estate for services rendered may be ordered
to make appropriate refunds. (Acts 1993, No. 93-722, p. 1411, §21.)...
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43-2-86
Section 43-2-86 Additional bond of general administrator. An additional bond may also be required
of the general administrator, whenever the judge of probate deems it necessary to secure the
interests of the estate confided to his charge or the sureties may be unwilling to remain
longer bound; and, if he fails to give such bond within the time prescribed by the court,
he must be removed and his letters revoked; and when any person interested in an estate committed
to the general administrator shall give notice in writing to the judge of probate that the
interest of the estate requires that the general administrator should give an additional bond,
such judge must require him to give such bond; and if, in such case, the judge of probate
fails or omits to require such bond and loss thereby results to anyone interested, he and
the sureties on his official bond shall be responsible therefor. (Code 1852, §1711; Code
1867, §2032; Code 1876, §2401; Code 1886, §2055; Code 1896, §102; Code...
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22-9A-10
Section 22-9A-10 Judicial procedure to establish facts of birth. (a) If a delayed certificate
of birth is rejected under Section 22-9A-9, a petition signed and sworn to by the petitioner
may be filed with a circuit court of any county in this state in which he or she resides or
was born, for an order establishing a birth record. (b) The petition shall allege each of
the following: (1) The person for whom a delayed certificate of birth is sought was born in
this state. (2) No certificate of birth can be found in the Office of Vital Statistics. (3)
Diligent efforts by the petitioner have failed to obtain the evidence required in accordance
with Section 22-9A-9. (4) The State Registrar has refused to register a delayed certificate
of birth. (5) Other allegations as may be required. (c) The petition shall be accompanied
by a statement of the State Registrar made in accordance with Section 22-9A-9 and all documentary
evidence which was submitted to the State Registrar in support of the...
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26-2B-302
Section 26-2B-302 Accepting guardianship or conservatorship transferred from another state.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under
provisions similar to Section 26-2B-301, the guardian or conservator must petition the court
in this state to accept the guardianship or conservatorship. The petition must include the
following: (1) a certified copy of the other state's provisional order of transfer; (2) an
inventory of the protected person's estate as of the date of the petition including certified
records of all bank accounts in the protected person's estate as of the date of the petition;
(3) proof of the conservator's bond; and (4) any final accounting of the protected person's
estate which has been submitted in the prior jurisdiction. If no such accounting was required
by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.
(b) Notice of a petition under subsection (a) must be given to...
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26-9-14
Section 26-9-14 Filing of account of receipts and disbursements for settlement by guardian;
certification of copy thereof to veterans' administration; notice of hearing thereon. Every
guardian who shall receive on account of his or her ward any moneys from the administration
shall file with the court annually on the anniversary date of the appointment, in addition
to such other accounts as may be required by the court, a full, true, and accurate account
under oath of all moneys so received by him or her and of all disbursements thereof, showing
the balance thereof in his or her hands at the date of such account and how invested, including
a complete descriptive itemization of all investments, and must submit to the court for its
examination all securities and evidences of debt belonging to the ward, and the decree of
the court passing the settlement must recite that all securities and evidences of debt due
the ward have been presented to and examined by the court; provided, that in the...
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39-1-1
Section 39-1-1 Bonds required of persons contracting for public works; commencement, etc.,
of actions upon bond by persons supplying labor, etc., to contractor; offer to accept judgment;
notice of completion of project by contractor and final settlement; applicability. (a) Any
person entering into a contract with an awarding authority in this state for the prosecution
of any public works shall, before commencing the work, execute a performance bond, with penalty
equal to 100 percent of the amount of the contract price. In addition, another bond, payable
to the awarding authority letting the contract, shall be executed in an amount not less than
50 percent of the contract price, with the obligation that the contractor or contractors shall
promptly make payments to all persons supplying labor, materials, or supplies for or in the
prosecution of the work provided in the contract and for the payment of reasonable attorneys'
fees incurred by successful claimants or plaintiffs in civil...
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40-5-38
Section 40-5-38 Death of collector. On the death of any tax collector, his personal
representative, general or special, must, out of the first moneys that come into his hands
belonging to the estate of his decedent and as soon as the same come into his hands, pay to
the proper state, county, and school officers the amount of public funds collected by such
decedent not paid over by him at the time of his death and must make settlement with such
officers of any unsettled accounts of such decedent with the state, county, and school officers
touching the affairs of his office, as soon as practicable and not later than the time when
the tax collectors are required to make settlements. (Acts 1935, No. 194, p. 256; Code 1940,
T. 51, §227.)...
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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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43-2-558
Section 43-2-558 Setting aside decree. If, however, such executor or administrator or, if dead,
his personal representative or, in event of his removal from the state, his sureties
appear and file his accounts and vouchers for settlement and pay such costs as have accrued
upon the proceedings had under sections 43-2-555 through 43-2-557, the court may set aside
such decree and proceed as if none had been rendered. (Code 1886, §2181; Code 1896, §249;
Code 1907, §2700; Acts 1923, No. 492, p. 655; Code 1923, §5933; Code 1940, T. 61, §328.)...

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