6-10-95
Section 6-10-95 Reduced homestead incapable of allotment - Sale - When allowed. The homestead
of a decedent may be sold by order of the court having jurisdiction of the estate, on petition
of executor or administrator, when the same, after being reduced to its lowest area, exceeds
$6,000 in value and when it is necessary that the same be sold for the payment of debts because
the remainder of the estate is insufficient to pay all debts and claims against the estate
and the surviving spouse or minor children fail to pay the deficiency within 30 days after
notice of said petition. (Code 1923, §5850; Code 1940, T. 7, §686; Acts 1951, No. 911, p.
1558, §1.)...
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6-8-68
Section 6-8-68 Executors, administrators, and guardians in probate court. In all cases where
notice is required by law to be given to executors, administrators, and guardians in the probate
court, if affidavit shall be made that such executor, administrator, or guardian has been
absent from the state for more than three months last passed, such notice shall be given by
publication in a newspaper published in the county where such proceedings are had for two
consecutive weeks or, if there is no such paper, by posting at the courthouse door for 15
days. (Code 1896, §3042; Code 1907, §5183; Code 1923, §9259; Code 1940, T. 7, §715.)...

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35-6-85
Section 35-6-85 Conduct of hearing generally; order confirming sale. On the day appointed for
such hearing, or on any other day to which it may be continued the court must proceed to hear
such report and the evidence for and against the confirmation of such sale. Such evidence
shall be taken orally in open court at the time of the hearing or by deposition as in actions
before the circuit court. If upon such hearing it shall appear to the satisfaction of the
court that such sale as made is to the interest of the ward, the court shall make an order
confirming the same, and, if it shall appear to the court that full payment has been made
to the guardian for the interest of the minor in such sale, such order shall direct the guardian,
or any other person appointed by the court, to make conveyance of the interest of the ward
in the land or realty to the purchaser thereof. (Code 1907, §5258; Code 1923, §9362; Code
1940, T. 47, §224.)...
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43-2-272
Section 43-2-272 Duty of probate court to grant letters of administration upon vacancy. (a)
If the sole executor or all the executors die, resign or are removed, the probate court having
jurisdiction of the estate must grant letters of administration, with will annexed, to the
person entitled thereto under section 43-2-27. (b) If an administrator dies, resigns or is
removed, the probate court having jurisdiction of the estate must grant letters of administration
of the goods and chattels, rights and credits, unadministered, to the person entitled thereto,
as in cases of intestacy. (Code 1852, §1720; Code 1867, §2043; Code 1876, §2412; Code 1886,
§2064; Code 1896, §111; Code 1907, §2533; Code 1923, §5755; Code 1940, T. 61, §175.)...

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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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43-2-481
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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43-2-628
Section 43-2-628 Discharge of executor or administrator from liability. When the estate has
been fully administered and it is shown by the executor or administrator, by the production
of satisfactory vouchers, that he has paid all sums of money due from him and delivered up,
under the order of the court, all the property of the estate to the parties entitled and performed
all the acts lawfully required of him, the court must make a judgment or decree discharging
him from all liability as such executor or administrator. (Code 1923, §5962; Code 1940, T.
61, §362.)...
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43-2-93
Section 43-2-93 Reducing amount of bond. Upon the filing of any partial settlement by the executor
under a will, or the administrator of the estate of a deceased person, in the court in which
such estate is pending, such executor or administrator may pray for a reduction in the amount
of his or her bond as a fiduciary, and thereupon the court must set a day for the hearing
of such partial settlement and must cause notices to be issued to all parties in interest
as is now provided by law for final settlements of such estates. And on the day set for hearing
the court may fix the amount to which the bond shall be reduced, which shall be determined
as now provided by law for such bonds. (Acts 1939, No. 560, p. 883; Code 1940, T. 61, §112.)...

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43-2-190
Section 43-2-190 Applications for letters testamentary or of administration. The application
filed by a nonresident for letters testamentary or of administration must set forth his name
and post-office address; but the address so given may, at any time, be changed by such nonresident
executor or administrator, such change to be shown by a written statement setting forth his
present post-office address, signed by such executor or administrator, or his attorney and
filed and recorded in the court granting the letters. (Code 1896, §83; Code 1907, §2559;
Code 1923, §5782; Code 1940, T. 61, §144.)...
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43-2-533
Section 43-2-533 Setting aside decree. If, however, such executor or administrator appears
and files his accounts and vouchers for settlement and pays such costs as have accrued upon
the proceedings had under sections 43-2-530 through 43-2-532, the court may set aside such
decree and proceed as if none had been rendered. (Code 1852, §1820; Code 1867, §2156; Code
1876, §2527; Code 1886, §2158; Code 1896, §226; Code 1907, §2689; Code 1923, §5922; Code
1940, T. 61, §319.)...
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