43-2-660
Section 43-2-660 When presumption arises. When the administration of the estate of a deceased
person shall be pending in any court, and the records of such court shall show that letters
testamentary or letters of administration on such estate were issued and that 20 years or
more have elapsed since six months after such letters were issued, without further action
in said cause, or if any further action was taken in said cause, and 20 or more years have
elapsed since any such action, and if all bequests and legacies provided for in a will being
administered in such cause have been payable or demandable for more than 20 years, and if
the executor or administrator in such cause shall not for 20 or more years have made any payment
or partial payment or promise of payment of any claim against such estate or of any bequest,
devise or distributive share due from such estate, then it shall be conclusively presumed
that final settlement of said estate has been made by the executor or...
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43-2-519
Section 43-2-519 Notice of annual or partial settlement; conclusiveness of order or decree;
reopening account. Whenever any administrator or executor shall file any annual, partial or
final settlement in any court having jurisdiction thereof, the court shall, at the request
of such administrator or executor, require that notice thereof be given in the same manner
as required by law in cases of final settlements, and any order or decree of the court on
such settlement after such notice shall be final and conclusive as to all items of receipts
and disbursements and other transactions and matters shown therein, and as to all fees and
compensation fixed or allowed to any such administrator, executor or attorney, and appeals
therefrom shall and must be taken in the manner provided for from any other final decrees
of such court. Thereafter, at any time prior to final settlement, the account may be reopened
by the court on motion or petition of the administrator, executor, beneficiary or...
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43-6-5
Section 43-6-5 Disposition of real estate when no heir appears. If, after two years from the
publication of such notice, no heir or person entitled to receive such estate appears, the
real estate must be sold by such personal representative, under the direction of the judge
of probate of the county in which letters testamentary or of administration were granted and
upon such notice as real estate is sold by executors and administrators; and the proceeds
thereof must, after deducting all expenses and allowances, be paid to such judge. (Code 1852,
§2068; Code 1867, §2460; Code 1876, §2855; Code 1886, §1940; Code 1896, §1756; Code 1907,
§3922; Code 1923, §7618; Code 1940, T. 16, §29.)...
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19-1A-8
Section 19-1A-8 (Effective January 1, 2018) Disclosure of other digital assets of deceased
user. Unless the user prohibited disclosure of digital assets or the court directs otherwise,
a custodian shall disclose to the personal representative of the estate of a deceased user
a catalogue of electronic communications sent or received by the user and digital assets,
other than the content of electronic communications, of the user, if the representative gives
the custodian: (1) a written request for disclosure in physical or electronic form; (2) a
copy of the death certificate of the user; (3) a copy of letters testamentary, letters of
administration or court order; and (4) if requested by the custodian: (A) a number, username,
address, or other unique subscriber or account identifier assigned by the custodian to identify
the user's account; (B) evidence linking the account to the user; (C) an affidavit stating
that disclosure of the user's digital assets is reasonably necessary for...
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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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43-2-832
Section 43-2-832 Priority among different letters. A person to whom general letters are issued
first has exclusive authority under the letters until the appointment is terminated or modified.
If, through error, general letters are afterwards issued to another, the first appointed personal
representative may recover any property of the estate in the hands of the personal representative
subsequently appointed, but the acts of the latter done in good faith before notice of the
first letters are not void for want of validity of appointment. (Acts 1993, No. 93-722, p.
1411, §3.)...
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17-6-25
Section 17-6-25 Order of listing of candidates on ballots. The names of candidates for each
office shall be listed on the ballot in alphabetical order by surname, and the offices shall
be listed in the following order: (1) President (if preference primary). (2) Governor. (3)
Lieutenant Governor. (4) United States Senator. (5) United States Representative. (6) Attorney
General. (7) State Senator. (8) State Representative. (9) Supreme Court Justice. (10) Court
of Civil Appeals Judge. (11) Court of Criminal Appeals Judge. (12) Secretary of State. (13)
State Treasurer. (14) State Auditor. (15) Commissioner of Agriculture and Industries. (16)
Public Service Commissioner. (17) State Board of Education Member. (18) Circuit Court Judge.
(19) District Attorney. (20) District Court Judge. (21) Circuit Clerk. (22) Other public officers
(to be listed in the order prescribed by the judge of probate). (23) Delegate to national
convention. (24) Other party officers (to be listed in the order...
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26-2A-140
Section 26-2A-140 Terms and requirements of bonds. (a) The following requirements and provisions
apply to any bond required under Section 26-2A-139. (1) Sureties are jointly and severally
liable with the conservator and with each other. (2) By executing an approved bond of a conservator,
the surety consents to the jurisdiction of the court that issued letters to the primary obligor
in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety
as a party respondent. Notice of any proceeding must be delivered to the surety or mailed
by registered or certified mail to the address listed with the court at the place where the
bond is filed and to the address as then known to the petitioner. (3) On petition of a successor
conservator or any interested person, a proceeding may be initiated against a surety for breach
of the obligation of the bond of the conservator. (4) The bond of the conservator is not void
after the first recovery but may be proceeded...
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26-2B-402
Section 26-2B-402 Recording of protective orders. If a conservator has been appointed in another
state and a petition for a protective order is not pending in this state, the conservator
appointed in the other state, after giving notice to the appointing court of an intent to
record, may record the protective order in this state by recording as a foreign judgment in
a court of this state, in any county in which property belonging to the protected person is
located, certified copies of the order and letters of office and of any bond. (Act 2010-500,
p. 782, §1.)...
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26-2B-401
Section 26-2B-401 Recording of guardianship orders. If a guardian has been appointed in another
state and a petition for the appointment of a guardian is not pending in this state, the guardian
appointed in the other state, after giving notice to the appointing court of an intent to
register, may record the guardianship order in this state by recording as a foreign judgment
in a court, in any appropriate county of this state, certified copies of the order and letters
of office. (Act 2010-500, p. 782, §1.)...
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