19-3A-102
Section 19-3A-102 Definitions. As used in this chapter, the following terms are defined as
follows: (1) ACCOUNTING PERIOD. A calendar year unless another 12-month period is selected
by a fiduciary. The term includes a portion of a calendar year or other 12-month period that
begins when an income interest begins or ends when an income interest ends. (2) BENEFICIARY.
Includes, in the case of a decedent's estate, an heir, legatee, and devisee and, in the case
of a trust, an income beneficiary and a remainder beneficiary. (3) FIDUCIARY. A personal representative
or a trustee. The term includes an executor, administrator, successor personal representative,
special administrator, and a person performing substantially the same function. (4) INCOME.
Money or property that a fiduciary receives as current return from a principal asset. The
term also includes a portion of receipts from a sale, exchange, or liquidation of a principal
asset, to the extent provided in Article 4. (5) INCOME...
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26-5-39
Section 26-5-39 Proceedings upon failure of conservator or personal representative to appear
and file accounts and vouchers on appointed day. If such conservator or personal representative
fails to appear and file his or her accounts and vouchers for settlement, any person having
an interest may appear and contest such account and the court must hear and determine such
contest and, whether such contest be made or not, must render a decree on such account which
has the force and effect of a decree rendered on a voluntary settlement by such conservator
or personal representative. (Code 1886, §2476; Code 1896, §2361; Code 1907, §4451; Code
1923, §8224; Code 1940, T. 21, §154; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-198
Section 43-2-198 Service of process - Generally. Service of summons or other process may be
made upon nonresident executors and administrators personally if found within the state. Such
service may be made in any case by personal service upon them if found within the state, or
by filing in the probate court granting letters a copy of the summons or other process and
by sending a copy thereof through the mail to such executor or administrator and serving a
copy thereof upon a resident surety, if there be one, as provided in section 43-2-199. (Code
1896, §86; Code 1907, §2562; Code 1923, §5785; Code 1940, T. 61, §147.)...
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5-24-1
Section 5-24-1 Definitions. In this chapter: (1) ACCOUNT means a contract of deposit between
a depositor and a financial institution, and includes a checking account, savings account,
time deposit, certificate of deposit, and share account. (2) AGENT means a person authorized
to make account transactions for a party. (3) BENEFICIARY means a person named as one to whom
sums on deposit in an account are payable on request after death of all parties or for whom
a party is named as trustee. (4) DEVISEE means any person designated in a will to receive
a testamentary disposition of real or personal property. (5) FINANCIAL INSTITUTION means an
organization authorized to do business under state or federal laws relating to financial institutions,
and includes a bank, trust company, savings bank, building and loan association, savings and
loan company or association, and credit union. (6) HEIRS means those persons, including surviving
spouse, who are entitled under the statutes of intestate...
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26-5-38
Section 26-5-38 Proceedings upon appearance; filing of accounts and vouchers, etc., by conservator
or personal representative on appointed day. If, on or before the day so appointed, the conservator,
or the personal representative of the conservator, if the account is stated against such representative,
appears and files his or her accounts and vouchers for settlement and pays such costs as have
accrued under the proceedings, the court must set aside such proceedings and proceed to settlement
in the manner prescribed by law on the accounts and vouchers so filed. (Code 1886, §2475;
Code 1896, §2360; Code 1907, §4450; Code 1923, §8223; Code 1940, T. 21, §153; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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26-5-9
Section 26-5-9 Final settlement generally - Establishment of day for settlement; notice thereof.
The court must appoint a day for the settlement, of which 10 days' notice must be given to
the succeeding conservator, if there is such conservator, or to the personal representative
of the ward, if the ward is dead, or to the ward, if he or she is a resident of the state
and has arrived at full age or has been relieved of the disability of nonage or incapacity
has terminated, and to all sureties on the bond of such conservator, by the service of process,
and notice must also be given, as the court may direct, either by advertisement for three
successive weeks in some newspaper published in the county or for the same length of time
by posting notice at the courthouse door and at three other public places in the county. (Code
1886, §2461; Code 1896, §2346; Code 1907, §4436; Code 1923, §8209; Acts 1931, No. 704,
p. 829; Code 1940, T. 21, §136; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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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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43-2-629
Section 43-2-629 Disposition of personal estate of foreign decedent. (a) When administration
is taken out in this state on the estate of any person who, at the time of his death, was
an inhabitant of any other state or country, his personal estate, after the payment of debts
and charges on his estate, must be disposed of according to his last will, if probated in
this state and, if no such will is probated in this state, according to the law of the state
or country of which he was an inhabitant. (b) Upon the settlement of such estate and after
the payment of all debts for which the same is liable in this state, the residue of the personal
estate may be distributed and disposed of according to the provisions of subsection (a); or
it may be transmitted or paid over to the executor or administrator of the state or country
where the deceased had his domicile. (Code 1852, §§1826, 1827; Code 1867, §§2163, 2164;
Code 1876, §§2535, 2536; Code 1886, §§2153, 2154; Code 1896, §§221,...
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43-2-47
Section 43-2-47 Special administrator ad colligendum. (a) The judge of probate may, in any
contest respecting the validity of a will, or for the purpose of collecting the goods of a
deceased, or in any other case in which it is necessary, appoint a special administrator,
authorizing the collection and preservation by him of the goods of the deceased until letters
testamentary or of administration have been duly issued. (b) Every such special administrator
has authority to collect the goods and chattels of the estate and debts of the deceased, to
give receipts for moneys collected, to satisfy liens and mortgages paid to him and to secure
and preserve such goods and chattels at such expense as may be deemed reasonable by the probate
court; and for such purposes, he may maintain civil actions as administrator. (c) Such special
administrator may also, under the direction of the probate court, sell such goods as are perishable
or wasting, after the same have been appraised, upon such notice...
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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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