43-2-253
Section 43-2-253 Enforcement of decree or judgment for recovery of property. When such decree
or judgment is for the recovery of real or personal property and the estate has no
executor or administrator, no writ of possession or other writ for the enforcement of such
decree or judgment shall issue thereon until there shall be some person duly authorized under
the laws of this state to receive the possession of such property, and then such writ shall
issue in favor of such person. (Code 1876, §2627; Code 1886, §2286; Code 1896, §355; Code
1907, §2821; Code 1923, §6060; Code 1940, T. 61, §168.)...
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43-2-810
Section 43-2-810 Continuance upon showing of insolvency. During the progress of any civil action
against an executor or administrator, he may show that such estate has been reported insolvent;
and, upon such showing, the case must be continued until the final disposition of such report.
(Code 1852, §1858; Code 1867, §2207; Code 1876, §2579; Code 1886, §2249; Code 1896, §317;
Code 1907, §2793; Code 1923, §6032; Code 1940, T. 61, §419.)...
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43-2-92
Section 43-2-92 Conditional execution or delivery of bond. A surety on the bond of the general
administrator of the county or on the bond of any executor or administrator cannot avoid liability
thereon on the ground that he signed or delivered it on condition that it should not be delivered
to the judge of probate or should not become perfect, unless it was executed by some other
person who does not execute it. (Code 1886, §2274; Code 1896, §343; Code 1907, §2555; Code
1923, §5777; Code 1940, T. 61, §111.)...
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43-2-150
Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives -
Generally. All judgments, orders, and decrees of the probate court against an executor or
administrator for the payment of money may be enforced by execution or by process of garnishment,
which may issue in like cases and manner as it may issue on judgments in circuit courts, and
may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of
personal property, by attachment or a special order to the sheriff, requiring him to
take such property and deliver the same according to the judgment, order or decree; for the
possession of land, by a writ to the sheriff against the executor or administrator, requiring
him to put the heir or devisee in possession of the same. (Code 1852, §1921; Code 1867, §2280;
Code 1876, §2618; Code 1886, §2276; Code 1896, §345; Code 1907, §2812; Code 1923, §6051;
Code 1940, T. 61, §128.)...
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43-2-171
Section 43-2-171 Time delay for committing administration of estate. The administration of
an estate must not be committed to the general administrator or to the sheriff, except as
special administrator, until the death of the decedent has been known 40 days, nor until one
month after the death, resignation or removal of an executor or administrator previously appointed.
(Code 1852, §1682; Code 1867, §2002; Code 1876, §2364; Code 1886, §2030; Code 1896, §73;
Code 1907, §2539; Code 1923, §5761; Code 1940, T. 61, §138.)...
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43-2-417
Section 43-2-417 Resale upon failure of purchaser to comply with terms; liability for deficiency.
If the purchaser fails to comply with the terms of the sale, the executor or administrator
may again proceed to advertise and sell the property. If, on another and a completed sale,
the property sells for a less sum than the amount bid at the former sale, the purchaser so
in default is liable to the executor, administrator or any person damaged for the deficiency,
and also the expense of the sale. (Code 1896, §149; Code 1907, §2613; Code 1923, §5840;
Code 1940, T. 61, §235.)...
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43-2-419
Section 43-2-419 Sale of farm products. All farm products coming into the hands of the executor
or administrator as assets of the estate may be sold by him at public or private sale, at
the reasonable market value, either in or out of the state. (Code 1923, §5842; Code 1940,
T. 61, §237.)...
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12-13-9
Section 12-13-9 Powers of probate court as to punishment for contempt. (a) The probate court
may issue show cause orders and attachment for contempts offered to the court or its process
by any executor, administrator, guardian, or other person and may punish the person by a fine
not exceeding twenty dollars ($20) and imprisonment not exceeding 24 hours, or both. (b) In
all cases or other proceedings in the probate court of a county where the judge of probate
is a licensed attorney in this state, the judge of probate shall have the same power to punish
for civil contempt as granted to a judge of the circuit court pursuant to Section 12-11-30
or other law or as provided by the common law of this state. (Code 1852, §671; Code 1867,
§791; Code 1876, §694; Code 1886, §788; Code 1896, §3364; Code 1907, §5420; Code 1923,
§9580; Code 1940, T. 13, §279; Act 2017-388, §1.)...
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40-15-1
Section 40-15-1 Meaning of "executor," "administrator" or "legal representative".
The terms "executor," "administrator" and "legal representative,"
used interchangeably in this chapter, shall be held to mean the executor or administrator
or trustee or legal representative of the decedent whose estate is subject to an estate tax
under this title. In the event no executor or administrator is appointed and qualified, then
the term "executor" as used herein shall be held to mean any person in actual or
constructive possession and acting for any estate subject to tax under this chapter. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, §433.)...
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43-2-200
Section 43-2-200 Liability of sureties to execution. Upon the return of an execution as provided
in section 43-2-199 and, further, that no property of such executor or administrator, or property
not sufficient to satisfy the same, is found in the county in which the execution is issued,
the sureties on his bond shall be liable in all respects as in cases of a return of no property
found on executions issued against resident executors or administrators. (Code 1876, §2383;
Code 1886, §2042; Code 1896, §88; Code 1907, §2564; Code 1923, §5787; Code 1940, T. 61,
§149.)...
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